IN THE CIRCUIT COURT OF MCDOWELL COUNTY,
WEST VIRGINIA
Civil Action No. CC-27-2022-C-15
MCNB Bank and Trust Co.,
a corporation, as trustee,
Plaintiff
v.
Kimberly Peraldo Gilley, as trustee,
John Doe,
Christine Belcher,
Judi Ellis,
Kimberly P. Gilley,
Janet Goode,
Mary Hutchinson,
Lisa P. Jackson,
Jerry King,
Darlene Long Payne,
Jonathan Owen,
John W. Parker,
John Doe 2,
John Doe 3,
John Doe 4,
Bruce Polon,
Elizabeth D. Reynolds, and
Wilma D. Wisler,
Defendants
SECOND ORDER OF
PUBLICATION
The object of this action is for MCNB Bank and Trust Co. to obtain approval of its resignation as trustee under the agreement executed by The Flat Top National Bank in Bluefield, a national banking association, as executor and trustee under the will of C.O. Davis, Sr., deceased, et al., dated June 10, 1988, that conveyed a 77 percent interest in certain tracts and parcels of land situate on Sandy Huff Creek, Lick Branch, Johnnycake Creek or Branch, and Negro Branch, in McDowell County, West Virginia, and on Buffalo Creek and Muzzle Branch, in Huff Creek District, Wyoming County, West Virginia (the “Real Estate”), to C.O. Davis, Jr., George N. Peraldo and the McDowell County National Bank in Welch, a national banking association, as trustees. That agreement is recorded in the Office of the County Commission of McDowell County, West Virginia, in Book 401, at page 154.
It appears by affidavit filed in this action that the residence and whereabouts of the defendant Judi Ellis is unknown.
The defendant John Doe 2 is, collectively, the unknown devisees or heirs-at-law of George H. Peraldo who was a qualified beneficiary of the Trust, who is deceased and whose interest in the Real Estate passed by operation of law to John Doe 2. It appears by affidavit filed in this action that the residence and whereabouts of John Doe 2 is unknown.
The defendant John Doe 3 is, collectively, the unknown devisees or heirs-at-law of Harriet P. Peraldo Grim who was a qualified beneficiary of the Trust, who is deceased and whose interest in the Real Estate passed by operation of law to John Doe 3. It appears by affidavit filed in this action that the residence and whereabouts of John Doe 3 is unknown.
The defendant John Doe 4 is, collectively, the unknown devisees or heirs-at-law of William J. Polon who was a qualified beneficiary of the Trust, who is deceased and whose interest in the Real Estate passed by operation of law to John Doe 4. It appears by affidavit filed in this action that the residence and whereabouts of John Doe 4 is unknown.
It is hereby ORDERED that Judi Ellis, John Doe2, John Doe 3 and John Doe 4 appear and serve upon J. Peter Richardson, the plaintiff=s attorney, whose address is Richardson & Davis, PLLC, Post Office Box 1778, Bluefield, West Virginia 24701, an answer or other defense to the amended complaint filed in this action on or before December 1, 2022, otherwise judgment by default will be taken against them at any time thereafter.
A copy of the amended complaint filed in this action can be obtained from the undersigned Clerk at her office located in Welch in said County and State, or from J. Peter Richardson, the plaintiff=s attorney, whose address is Richardson & Davis, PLLC, Post Office Box 1778, Bluefield, West Virginia 24701.
Clerk of the Circuit Court of
McDowell County
McDowell County Courthouse
90 Wyoming Street
Welch, West Virginia 24801
ID: 642862