IN THE CIRCUIT COURT OF WOOD COUNTY,
WEST VIRGINIA
Tammala Kinney, in her capacity as Administratrix of the estate of Nancy Ruth Foggin, deceased,
Plaintiff,
V.
Tammala Kinney, Larry Wayne Foggin, Melissa Dawn Foggin Dearien, Rick Lee Goff (f.k.a. Burl Lee West, Jr.),
Tina Marie Forshey, Betty Bish, Edward Theodore Grimm, Jr., Charles D. Waters in his capacity as Administrator of the Estate of Ruby Sutton, deceased, and Unknown Defendants,
Defendants.
Civil Action # 21-C-132 Judge Robert A. Waters
ORDER OF PUBLICATION
The object of the above styled civil action is to obtain an Order of the Circuit Court of Wood County, West Virginia ascertaining and ordering the proper distribution of the $79,324.98 net proceeds recovered by Tammala Kinney, as Plaintiff, in her capacity as Administratrix of the Estate of Nancy Ruth Foggin, deceased, in Civil Action number 2:17-CV-09601, formerly pending in the United States District Court, Eastern District of Louisiana.
It appearing by affidavit filed in this action that:
1. Edward Theodore Grimm, Jr., is a non-resident of the State of West Virginia, and his last known address is 5305 Dawson Road, Erie, Pennsylvania 16510;
2. Larry Wayne Foggin’s last known address is 1334 Spring Street, Parkersburg, West Virginia, 26101; however that process, delivered to the sheriff of Wood County, West Virginia has twice been delivered to such officer and has been returned without being executed and on each occasion has been marked “Not Found”; and,
3. That there are or may be persons other than those named above as defendants whose names are unknown to the plaintiff who may be eligible to share in the distribution of such proceeds, and who are made parties to the Complaint filed in this action by general description of unknown defendants; it is ORDERED that Edward Theodore Grimm, Jr., Larry Wayne Foggin and any unknown parties appear and serve upon ROBERT S. FLUHARTY, JR., attorney for the Plaintiff, whose address is 417 Grand Park Drive, Suite 101, Parkersburg, West Virginia 26105, an Answer, including any related counterclaim or defense you have to the Complaint filed in this action, on or before the 10th day of March, 2023. If you fail to do so, thereafter judgment, upon proper hearing and trial, may be taken against you for the relief demanded in the Complaint.
A copy of said Complaint and First Amended Complaint can be obtained from the undersigned Clerk at her office located in the Wood County Judicial Building Courthouse situate at 2 Government Square, Parkersburg, Wood County, West Virginia.
This Order of Publication shall be published as a Class II publication.
Entered by said Circuit Clerk of Wood County, West Virginia, this 31st day of January, 2023.
Celeste Ridgeway
Clerk of Circuit Court of Wood County, WV
A. Daugherty, Deputy
Feb 7, 14