IN THE CIRCUIT COURT OF LEWIS COUNTY, WEST VIRGINIA
THE CITIZENS BANK OF
WESTON, INC.,
a West Virginia Banking Corporation
Plaintiff,
v.
WVA SEAFOOD & PRODUCE,
LLC,
a West Virginia Limited Liability Company,
SCOTT SPROUL, Guarantor, and
TONI BINNS, Guarantor,
Defendants.
CIVIL ACTION NO. 24-C-17
Order of Publication
TO:
Scott Sproul
1644 Lower Cheat Road
Elkins, WV 26241
TO:
Toni Binns
1644 Lower Cheat Road
Elkins, WV 26241
The purpose of the above-styled action, pursuant to the Complaint filed herein, is to obtain an order directing the Defendants, jointly and severally, to deliver the vehicles and assets identified in the Complaint to Plaintiff for repossession pursuant to the security agreements executed by the Defendants, and to enter judgement in favor of the Plaintiff, jointly and severally, for all sums, deficient or otherwise, due and owning Plaintiff, all as set forth in the Complaint in this action.
Plaintiff has twice attempted service of process on Defendants Scott Sproul and Toni Binns, whose last known address was 1644 Lower Cheat Road, Elkins, WV, 26241, to no avail, and has additionally attempted service of process by private process server on Defendants Scott Sproul and Toni Binns, without locating said Defendants, and is now providing service of process on said Defendants Scott Sproul and Toni Binns by publication pursuant to Rule 4(e)(1)(C) and (D), of the West Virginia Rules of Civil Procedure.
It appearing to the Court that Plaintiff has used due diligence to locate and serve Defendants Scott Sproul and Toni Binns with a copy of the Summons and Complaint in this action, however same being returned “Not Found in Bailiwick”, with the whereabouts of Defendants Scott Sproul and Toni Binns, being unknown, that a general publication is necessary to notify said Defendants Scott Sproul and Toni Binns of the pendency of this action, with the whereabouts of said Defendants Scott Sproul and Toni Binns being currently unknown to the Plaintiff herein.
It is ORDERED that Defendants Scott Sproul and Toni Binns appear and serve upon W. T. Weber, III, Weber & Weber, PLLC, Plaintiff’s attorney, whose address is 239 Main Avenue, P.O. Box 270, Weston, West Virginia 26452, an answer or other defense to the Complaint, as filed in this action, on or before the 15th day of January, 2025, otherwise judgment by default may be taken against said Defendants Scott Sproul and Toni Binns, at any time thereafter.
Beth A. Burkhart
Lewis County Circuit Clerk
11/26/2024, 12/3/2024