OF RALEIGH COUNTY,
WEST VIRGINIA
ARK LAND LLC,
Plaintiff,
v.Civil Action No. 25-C-291
Judge Darl Poling
JAMES MARTIN RICHARDS;
et al.,
Defendants.
ORDER OF PUBLICATION
This action seeks partition of interests in the coal within and underlying a certain tract of land containing approximately 91.78 acres, more or less, located in Mabscott District, Raleigh County, West Virginia (the "Subject Coal") pursuant to West Virginia Code Section 37-4-1 et seq. The surface estate overlying the Subject Coal is identified by the Raleigh County Assessor's Office as Mabscott District, Tax Map 9999, Part of Parcel 06220001.
It appearing by affidavit filed in this action that Plaintiff Ark Land LLC ("Ark Land") has exercised due diligence to ascertain the service address of the Continental National Bank as Trustee for Thomas Monroe Floyd Revocable Trust and therefore desires to serve said defendant by publication pursuant to West Virginia Rule of Civil Procedure 4(e)(1)(C) as there may be persons, other than those named in the Complaint as defendants, with interests in the Subject Coal of the action, whose identities are unknown to Ark Land and who are made defendants by the general description of unknown defendants.
Accordingly, it is hereby ORDERED that the Continental National Bank as Trustee for Thomas Monroe Floyd Revocable Trust, and any and all parties who claim interests in the Subject Coal must appear and serve upon Plaintiff Ark Land's counsel, Roger S. Christenson II, Stephenee R. Gandee, and Samantha A. Wilson of the law firm of Steptoe & Johnson PLLC, whose address is 400 White Oaks Boulevard, Bridgeport, West Virginia 26330, an Answer or other defense to the Complaint filed in this action by November 1, 2025, which is not fewer than thirty days after the date of the first publication of this notice, otherwise judgment by default will be rendered against him or her at any time thereafter.
A copy of the Complaint can be obtained from the Circuit Clerk's office in the Raleigh County Courthouse located at 222 Main Street, Suite 220, Beckley, WV 25801.
Entered by the Clerk of this Court this 29th day of September 2025.
ENTER: /s/Brianne Steele
Brianne Steele
Clerk of Raleigh County
FILED – 9/29/2025 2:34 PM
CC-41-2025-C-291
Raleigh County Circuit Clerk
Brianne Steele