IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA CIVIL ACTION NO. 23-C-641 JUDGE KENNETH D. BALLARD TRUIST BANK, in its capacity as curator and potential executor of the Estate of Mary Frances Love, deceased; Petitioner, v. RUTH LEMMON; BRENT NIEMLA BRAD NIEMLA; HERMAN ANDRADE; FRANK L. BRYANT; BARBARA QUENTRILL, as personal representative of THE ESTATE OF DONALD BEANE; EVA MILLARD; ROBERT MILLARD; JAMES F. LOVE, IV; SANDRA K. BOLEN; RICHARD LESTER; CATHERINE CARRIER LYNCH (a KATHY LESTER); LETA JO RINGSTAFF; VICKI FRANKLIN; SKIP FRANKLIN; JALENE DEROW; CLAUDIA TAYLOR; GLORIA NEAL; BRIDGET MORGAN;EVELYN KAY RUSH; PEGGY NEISWENDER (a PEGGY ROGERS); RANDY WHEELER;MARK MCNEALY; DAVID ROLAND LYNCH;AMBER CHUPICK; SAMANTHA DILLARD;COREY HARDMAN; HARRY L. LYNCH, JR.; TIMMY LYNCH; DONALD MARTIN; HEATHER LANGLEY; GWEN DIXON; AND ANY UNKNOWN HEIRS OF MARY FRANCES LOVE, Respondents. ORDER GRANTING MOTION FOR SERVICE BY PUBLICATION This matter came on the motion of Petitioner, Truist Bank, by counsel, for an Order directing service of process in the above-entitled action on Respondent Peggy Neiswender (a Peggy Rogers) and any unknown heirs of Mary Frances Love by publication in a newspaper of general circulation. It appearing to the Court, from the Affidavit accompanying Petitioner’s motion, that Petitioner’s counsel, after diligent inquiry, has been unable to ascertain the residence of Respondents Peggy Neiswender (a Peggy Rogers). It is also appearing that service via publication should be made on any unknown heirs of Mary Frances Love given the nature of the action. It is hereby ORDERED, ADJUDGED, DECREED, and DECLARED that service of process in this action be made on Respondent Peggy Neiswender (a Peggy Rogers) and any unknown heirs of Mary Frances Love by publication in a newspaper of general circulation in Kanawha County, West Virginia; using the Order of Publication attached to this Order as Exhibit A. The Clerk is directed to send a copy of this Order to all counsel of record and pro se parties. Dated this 1st day of December, 2023 The Honorable Kenneth D. Ballard Prepared by: Joshu Rogers (WVSB # 9928) Pai K. Vagnetti (WVSB #12828) DINSMORE & SHOHL LLP 215 Don Knotts Boulevard, Suite 310 Morgantown, WV 26501 Telephone: (304) 296-1100 Facsimile: (304) 296-6116 Counsel for Truist Bank LC-165912 12-26;2023 01-02;2024
