IN THE CIRCUIT COURT OF KANA…

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA Civil Action No. 22-P-417 Hon. Maryclaire Akers APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. BERNARD A. KELLER'S UNKNOWN HEIRS, JANET MAE CAIN, WILLIAM L. KELLER, II, NIDA L. KELLER, BARBARA JEAN BLANKENSHIP, ROBERT ALLEN KELLER, MARSHA PATTESON MILLER, MARY ELIZABETH PATTESON, DIANA FRAME LINTNER, LINDA MARIE FRAME, VICKY FRAME REISING, URCIE TURNER'S UNKNOWN HEIRS, BEATRICE A. DAVIDSON'S UNKNOWN HEIRS, DEBRA A. SWEAT, ELIZABETH ANN COWEN, CARMEN J. PORTERA, CITY OF CHARLESTON, OFFICE OF THE CITY COLLECTOR, UNKNOWN PERSONS/OWNERS, and MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA, Respondents. NOTICE OF PUBLICATION Please take notice that the petitioner will bring on for hearing the previously filed Petitioner's Motion for Determination with Regard to Proceeds on the 9th day of April, 2026, beginning at 1:30 p.m., before the Honorable Maryclaire Akers, Circuit Court of Kanawha County, to be held at the Kanawha County Courthouse, 111 Court Street, Charleston, West Virginia, 25301, at which time you may be present if you so desire. PETITIONER'S MOTION FOR DETERMINATION WITH REGARD TO PROCEEDS Now comes the petitioner, Appalachian Power Company, and moves the Court for an order addressing the disposition of the just compensation proceeds in this matter. In support of this motion, the petitioner states as follows: 1. On August 27, 2025, the Court entered the Order Confirming Commissioners' Report and determined that "payment of ten thousand seven hundred sixty-eight dollars ($10,768.00) into Court by September 1, 2025, will satisfy petitioner's just compensation obligation, said amount being sufficient to pay for the award of eight thousand six hundred dollars ($8,600.00), plus interest thereon at the rate of ten percent (10%) from the date of the right of entry through September 1, 2025. 2. Petitioner paid the said sum (ten thousand seven hundred sixty-eight dollars ($10,768.00)) into Court on August 29, 2025. 3. The Circuit Clerk of Kanawha County continues to hold said funds as of this filing. 4. Petitioner represents that, according to the title research it obtained prior to filing of this civil action, the subject property is owned by the following people with the fractional interests and the share of the just compensation calculated based on said fractional interest is as indicated: a. Heirs of Mont Keller: – Janet Mae Cain; 1/20 interest; five hundred thirty-eight dollars and forty cents ($538.40) – William L. Keller; II 1/20 interest; five hundred thirty-eight dollars and forty cents ($538.40) – Nida L. Keller; 1/20 interest; five hundred thirty-eight dollars and forty cents ($538.40) – Barbara Jean Blankenship; 1/20 interest; five hundred thirty-eight dollars and forty cents ($538.40) – Robert Allen Keller; 1/20 interest; five hundred thirty-eight dollars and forty cents ($538.40) b. Heirs of W. H. Keller: – Marsha Patteson Miller; 1/16 interest; six hundred seventy-three dollars ($673.00) – Mary Elizabeth Patteson; 1/16 interest; six hundred seventy-three dollars ($673.00) – Diana Frame Lintner; 1/24 interest; four hundred forty-eight dollars and sixty-six cents ($448.66) – Linda Marie Frame; 1/24 interest; four hundred forty-eight dollars and sixty-six cents ($448.66) – Vicky Frame Reising; 1/24 interest; four hundred forty-eight dollars and sixty-six cents ($448.66) c. Heirs of Beatrice A. Davidson: – Debra A. Sweat; 1/12 interest; eight hundred ninety-seven dollars and thirty-three cents ($897.33) – Elizabeth A. Cowan; 1/12 interest; eight hundred ninety-seven dollars and thirty-three cents ($897.33) – Carmen J. Portera; 1/12 interest; eight hundred ninety-seven dollars and thirty-three cents ($897.33) d. Heirs of Uncie Turner: – Unknown; 1/4 interest; two thousand six hundred ninety-two dollars ($2,692.00) 5. Although petitioner has no financial interest in the attribution or payment of the just compensation funds, petitioner is seeking a Court determination as to the disposition of the ten thousand seven hundred sixty-eight dollars ($10,768.00) in order that a final order can be entered and recorded. WHEREFORE, petitioner respectfully requests the entry of an order addressing the disposition of the subject funds so that a final order can be submitted and this case may then be removed from the docket of the Court. Dated this 24th day of March, 2026. ROBINSON & McELWEE PLLC /s/ Jeffrey A. Kimble Douglas C. McElwee (W. Va. State Bar I.D.: 2449) Jeffrey A. Kimble (W. Va. State Bar I.D.: 4928) Post Office Box 128 140 West Main Street, Suite 300 Clarksburg, West Virginia 26302-0128 (304) 326-5314 Attorneys for Petitioner LC-438350 03-27,04-03;2026
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