010116077 June 30, July 7
IN THE CIRCUIT COURT OF MONONGALIA COUNTY, WEST VIRGINIA
ETTA MARLENE RUNDLE.
Petitioner,
v. CIVIL ACTION NO. 17-C-240
STEWART’S RUN CEMETERY ASSOCIATION INCORPORATED,
a West Virginia non-profit corporation,
ARLIE EDWARD CAMPBELL, II, (A/K/A ARLIE CAMPBELL) AND TAMMY
LYNN CAMPBELL, husband and wife,
ALBERTA WALKER, KAY MOORE, SCOTT SWANN,
RANDY SWANN, DOUGLAS SWANN, ARLEN KEITH MICHAEL,
TERI SWANN BEASLEY, CHAD SWANN,
the unknown Heirs, Successors or Assigns of DANIEL MICHAEL,
the Unknown Heirs, Successors or Assigns of ELERY J. MICHAEL,
and the Unknown Heirs, Successors or Assigns of URIAS M. MICHAEL,
Respondents.
ORDER OF PUBLICATION
1. One of Petitioner’s objectives in the above-styled action is to have Kelly M. Kulju, Kimberly J. Bryan, Kerry J. LaFon, Virgil Whetzel, and Leonard Dale Fox appointed to the trusteeship of the Stewart’s Run Cemetery, and in that capacity to be bestowed upon them the authority to promote and carry out the object and purpose of the Stewart’s Run Cemetery, including the right to permit the burial of persons in accordance with the object and purpose of said cemetery, as well as being authorized to maintain and preserve the Stewart’s Run Cemetery.
2. A copy of the Petition for Appointment of Trustees for Stewart’s Run Cemetery in this matter can be obtained from the undersigned Clerk at the Office of the Monongalia County Circuit Clerk in Morgantown, West Virginia.
. It appearing by affidavit filed in this action that the whereabouts of some or
all of the above named Respondents and their unknown heirs, devisees, successors or assigns, if any, are unknown and/or that such individuals or entities are nonresidents of the State of West Virginia; that there are or may be persons other than those named above whose names are unknown to Petitioner, and who are made parties to the Petition for Appointment of Trustees for Stewart’s Run Cemetery filed in this action by the general description of unknown heirs, successors or assigns; and the Petitioner having made diligent but futile efforts to locate some or all of said heirs; it is accordingly ORDERED that each of them appear before or serve upon Petitioner’s attorney Heather J. Gentile, whose address is JACKSON KELLY PLLC, 150 Clay Street, Suite 500, Morgantown, WV 26501, an answer or other defense to the Petition for Appointment of Trustees for
Stewart’s Run Cemetery filed in this action on or before August 1, 2017,
otherwise judgment will be taken by default against them at any time thereafter.
The Clerk is directed to provide a copy of this Order to counsel listed below.
IT IS SO ORDERED this 23 day of June, 2017.
ENTER:
Prepared By:
Heather J. Gentile
(WV State Bar No. 7334)
JACKSON KELLY PLLC
150 Clay Street, Suite 500
Morgantown, WV 26501
(304)284-1000
Counsel for Ella Marlene Rundle