IN THE CIRCUIT COURT OF RALEIGH COUNTY, WEST VIRGINIA Civil Action No.: 15-C-464 (Judge Burnside) CITY OF BECKLEY, acting by and through the Sanitary Board of the City of Beckley, a municipal utility, Plaintiff vs. LORNA COX, Defendant. ORDER FOR PUBLICATION The object of the above entitled action is to acquire right of entry by Eminent Domain to the property owned by the defendants for the purposes of the Red Brush Phase III project. The purpose of this project includes: Extending sanitary sewers to unserved residences within the Redbrush area; replacing structurally and flow-capacity deficient sanitary sewers in the Redbrush, Piney Oaks, Springdale and Woodlawn Avenue areas of the City; and reducing groundwater infiltration and surface water inflow (I/I) within the Woodlawn Avenue and Springdale areas since much of the existing sanitary sewers are located within a low-lying and wet area that is subject to flooding and high groundwater conditions. As part of this Project, Beckley is required to place certain sewer lines through properties in these neighborhoods. Beckley must acquire a permanent easement and right of way for the purposes of relocating, installing, maintaining, laying, operating, repairing and removing sewer lines and related appurtenances. It appearing by Affidavit filed in this action that there may be defendants unknown or defendants who are nonresidents of the State for whom no agent, or appointed or statutory agent or attorney in fact is found in the State upon whom service may be had to plaintiff. It is ORDERED that defendants, known and unknown, appear and serve upon Gavin Ward, counsel for plaintiff, whose address is P.O. Box 2494, Beckley, West Virginia 25802, an answer or other defense to the Complaint filed in this action on or before October 28, 2015, otherwise judgement by default will be taken against them. It is hereby notified that on the 29th day of October, 2015, at 3:00 p.m., or as soon thereafter as counsel can be heard, the City of Beckley, acting by and through its Sanitary Board (“Beckley”), will appear before the Circuit Court of Raleigh County, West Virginia, Judge Burnside, in the Raleigh County Judicial Annex, 222 Main Street, Beckley, West Virginia, for the further proceeding with respect to Beckley’s condemnation pursuant to West Virginia Code c 54-2-14. A copy of said Complaint and Motions can be obtained from the undersigned Clerk at his office in Beckley, Raleigh County, West Virginia. Entered by the said Clerk of Court this 17th day of September, 2015. Teste: Paul Flanagan Raleigh County Circuit Court Clerk 9-29-TUE-2-RH; LG