ORDER OF PUBLICATION

IN THE MAGISTRATE COURT OF GREENBRIER COUNTY,
WEST VIRGINIA
CITY OF LEWISBURG,
Plaintiff,
v. Civil Action No. 20-M13C-00013
Frank Tinchcr
1 52 Granny Smith Ln.
Caldwell. WV 24925
Defendant.
ORDER OF PUBLICATION
The object of the above entitled action is to collect past due fees owed unto Plaintiff. The Plaintiff has provided an affidavit showing that service of process has been attempted on the Defendant
at the above listed address, without effect.
IT IS ORDERED that the Defendant, serve upon Plaintiff’s counsel, whose address is:
Thomas W. White, Esquire
Dinsmore & Shohl, LLP
1033 Court Street North
Lewisburg, WV 24901
an answer, including any related counterclaim or defense they may have to the Civil Action filed in this
action on or before 30 days after first publication hereof, otherwise judgment by default will be taken
against the Defendant, at any time thereafter. A copy of said petition can be obtained from the
undersigned clerk’s office.
THEREFORE, IT IS HEREBY ORDERED that this Order be published once a week for two successive weeks in the West Virginia Daily News, a newspaper of general circulation in Greenbrier County, West Virginia.
ENTER by the Clerk of said Court this 29th day of January 2020.
Deborah Kaizer Clerk
By Jennifer Vance Deputy
IN THE MAGISTRATE COURT OF GREENBRIER COUNTY,
WEST VIRGINIA
CITY OF LEWISBURG,
Plaintiff,
v. Civil Action No. 20-M13C-00013
Frank Tincher, Jr.
152 Granny Smith Ln.
Caldwell, WV 24925
Defendant.
AFFIDAVIT FOR CONSTRUCTIVE SERVICE OF PROCESS
STATE OF WEST VIRGINIA,
COUNTY OF GREENBRIER TO-WIT:
This day personally appeared before me, the undersigned Notary Public, Thomas W. White as counsel for the Plaintiff, who is known to be a credible person over the age of 21 years, being first duly sworn by me, says on his/her oath as follows:
1. The he/she is counsel for the Plaintiff, City of Lewisburg, in the above captioned civil action.
2. That service of process has been attempted by the Sheriff at the above address for the Defendant; however such attempts have been unsuccessful.
3. That pursuant to Rule 4(e)(1)(D) of the West Virginia Rules of Civil Procedure, made applicable to this Court by Rule 3 of the West Virginia Rules of Civil Procedure for Magistrate Courts, service of process by publication is appropriate in these circumstances.
FURTHER this affiant saith not.
CITY OF LEWISBURG
By: Thomas W. White, Counsel
Taken, sworn and subscribed before me this 22nd day of January, 2020.
My Commission expires on
January 11, 2023
N. Michelle Ramsey
(3,10fe)