18th December, 2009
Dr. William H. Dean
128 3rd Ave at 3rd Street
St. Albans, WV 25177
P. Michael Muncy
P.O. Box 271
Pursglove, WV 26546
Ms. Wendy Zucal, Executive Director
Ms. Carrie Callahan, Administrative Assistant
Dennison Railroad Depot Museum CERTIFIED MAIL
P.O. Box 11, 400 Center Street 7001 2510 0000 0818 7424
Dennison, Ohio 44621 1402
Telephone: 740-922-6776
bing@tusco.net
Wendy Zucal, depot@tusco.net
Carrie Callahan, depotadminassist@tusco.net
Mr. Nick Kallas, in his individual capacity. CERTIFIED MAIL
c/o Illinois Railway Museum 7001 2510 0000 0818 7462
Post Office Box 427
7000 Olson Road
Union, IL 60180
Mr. Nick Kallas, Museum General Manager
Illinois Railway Museum
Post Office Box 427
7000 Olson Road
Union, IL 60180
Fort Wayne Railroad Historical Society
PO Box 11017
Fort Wayne, Indiana 46855
260-493-0765
contact@765.org
Board of Directors
Glenn Brendel, President
Rich Melvin, Operations Manager
Rockne Clarke, Clerk of Courts CERTIFIED MAIL
Tuscarawas County Common Pleas Court 7001 2510 0000 0818 7455
125 East High Avenue
New Philadelphia, Ohio 44663
Judge Edward O’Farrell
Tuscarawas County Common Pleas Court
101 East High Avenue, Suite 201
New Philadelphia, Ohio 44663
Fifth District Court of Appeals CERTIFIED MAIL
Attention: Cindy, Appeals Clerk 7001 2510 0000 0818 7448
125 East High Avenue
New Philadelphia, Ohio 44663
Ref: Civil Action Styled Dennison Rail Road Museum, Inc., vs. Nick Kallas (On Appeal: 2009-AP100051)
NOTICE
To whom it may concern;
It has come to our attention that Judge Edward O’Farrell, Tuscarawas County, Ohio recently entered a ruling regarding the ownership interests in the Kanawha Class Steam Engine known as the Kanawha Class “K-4” Alco 2700, hereinafter “City of St Albans”. Please be advised that the undersigned parties who collectively own a 2/3 interest in the engine were not notified by the plaintiff in the civil action styled, Dennison Rail Road Museum, Inc., vs. Nick Kallas, Civil Action Number 2008-CV-0100090, in Appeal 2009-AP-100051. Please take NOTICE that William H. Dean and P. Michael Muncy hereby make all exceptions and reservations afforded to them at law. This letter is an open letter to all parties in the matter including but not limited to interested rail fans who have the best interest of the “City of St Albans” at heart.
To outline a brief history regarding this rolling stock, the engine was retired from service on the C&O in about 1955. The engine was subsequently shopped in Huntington, WV. It came to Charleston, West Virginia and resided in Coonskin Park for a number of years. The park authorities desired to expand the park and did not want the engine. At that juncture, the St Albans Fire Fighters, with the help of donations and efforts of the local chapters of the Boy Scouts, Troop 146 and Troop 250, went door to door and raised money to move the engine from its Charleston location to the Coal River Spur at 6th Street and 6th Avenue, St Albans, West Virginia.
The firefighters took care of mowing the grass, painting and upkeep for several years. As the firefighters group evolved, they lost interest in the park engine and allowed the weeds to grow and rust to form. The engine sat in disrepair as an eyesore in the community.
In 1981, Mayor Jim Randal contacted William H. Dean, who was the Chapter Secretary of the Collis P. Huntington Railroad Historical Society (hereafter CPH). In a meeting orchestrated by the mayor, with the firefighters, they (firefighters) offered the engine to CPH. Upon discussion and proper rules of order, the CPH group declined to accept the donation of the engine. At that time Mr. David B. Bailey, who was also a member of CPH, offered to form a museum entity that would be based in St Albans, West Virginia. The entity would take control of the engine, grounds and other rolling stock.
On or about the 19th day of February, 1982, Bailey and Dean formed the 2700 Preservation and Restoration Society, Inc., a West Virginia, not for profit, corporation, (hereinafter 2700P&R). Upon formation of the 2700 P&R, they each held a 50% interest. Their wives were installed as directors. Through the large efforts of Mr. Bailey and Mr. Dean, the engine was cleaned, painted and the grass was kept mowed. The railroad display was no longer an eyesore and was revered by St Albans residents.
In 1985, Dean and Bailey contracted with Mike Muncy to remove asbestos from the two 0-4-0 engines, the Norfolk & Western Mail/Baggage Car and to perform other heavy mechanical tasks which included acquiring and transporting museum pieces. As a result, Bailey and Dean revisited the ownership interest. For services rendered, Muncy received a 1/3 interest in the 2700 P&R. Bailey and Dean, respectively, retained a 1/3 interest.
Come 1986, an enthusiastic but newly formed railroad historical group, Silver Throttle Engine Association and Museum (hereinafter STEAM), approached the 2700 P&R for the purpose of leasing the engine and restoring it to running condition. In order to ascertain value and mechanical condition, Mr. Gary Bensman, an expert in steam rail equipment, performed a detailed inspection of the engine, as it sat in St Albans. Upon this inspection, it was determined that the engine was a likely candidate for refurbishment to running condition. As a matter of fact, the paper inspection tags were still tied to the fire-tubes. It could be extrapolated that the engine had not been fired after its major rebuild at the C&O Shops, prior to coming to Charleston as a Park Engine. When the 2700 P&R announced by press release that the engine was leaving St. Albans for Canton Ohio to be restored, ownership and legal challenge was made by local citizens who feared the engine would leave St Albans and never return.
In an extended court battle, a matter of public record, Bailey and Dean prevailed. Judge Paul Zakaib ruled that the ownership was vested with the 2700 P&R. On resurrection day, Mid-October, 1986, David Bailey, 2700 P&R, CEO and Gary Antonacci, STEAM President, (flanked by William Dean, 2700 P&R President, Mike Muncy, 2700 P& R Chief Mechanical Officer and Director, Senator Si Boetner, West Virginia State Senator, Bob Barnett, St Albans Chief of Police and Ken Baldwin, STEAM Secretary), exchanged handshakes and the consummation of a previously contracted deal was done, to allow the “City of St Albans” to move to Canton.
The following pictures provide an insight into the pristine condition of 2700 Park Engine while it was in our custody and direct control, before it was ravaged in Ohio.
The hyperlinks which follow, directs you to an independent website operated by STEAM LOCOMOTIVE DOT COM http://www.steamlocomotive.com/berkshire/co.shtml
The Picture below was taken while the “2700” was in St. Albans, WV. Full faith and credit is given to Mr. (David Dupler Photo) and the website mentioned above. Both hold copyright protection.
Picture can be found at: http://oak.cats.ohiou.edu/~duplerd/steam/Xxg049.jpg
Bailey and Dean presenting the 2700 “City of St Albans to STEAM. 
October 1986, Resurrection Day.
David Bailey Introduces keynote speaker, Senator Si Boetner.
Bob Barnett, Former Chief of Police, speaks about the history of the “City of St Albans”
L to R: Senator Boetner, Mike Muncy, Bill Dean, Gary Antonacci and David Bailey look on.
The final pictures depict the condition of the 2700 “City of St Albans” as she sat on the switch behind Esber Bottling Company, after the expert rebuild job by STEAM, just before it came to Dennison for the alleged “Safe Keeping”. Other pictures, Courtesy of Mr. Dupler, which show the condition of the engine today, are published at Steam Locomotive dot Com.
Of historical note, Mr. Ross Kirk, the last engineer to operate the 2700 was buried at the same time as our “Resurrection Ceremony”. We paused and honored his memory as his funeral procession passed the ceremony. On Halloween Eve, that October 30th, the 2700, dead in service, side-rods removed, was coupled to the back of a CSX West-bound Coal Drag and began its trip to Canton. Much notoriety was given to the STEAM group. Rob Sundberg, STEAM Vice-President & Mechanic, Tom Diehl, STEAM Chief Mechanical Officer, Rick Ellison, Member, 2700 P&R, and I (Muncy, 2700 P&R) manned the cab of the engine on its way out of St Albans. I was there, I manned the radios for communication with the ground team. I rode in the cab of the 2700 “City of St Albans” as she lumbered through the night. In light of the fact that the Side Rods were removed, the mechanical linkage which operates the Fireman-Side Zone Lubricators was disconnected. Mr. Sundberg rigged a rope to the ratchet mechanism which allowed him to actuate the oil pump manually. At the time we reached the Kentucky Yard, I turned the engine responsibility over to Tom Diehl, the Chief Mechanical Officer of STEAM. I remember one of the headlines from the Canton Paper declaring Diehl and Sundberg as heroes, for manning the engine for the entire 60 plus hours of road-time.
STEAM failed miserably in their attempt. Parts were stripped off, appliances ie: Steam Reversing Valves, Brake Stand, Air Cylinders, Gates and Actuators, Number Boards, Builders Plates, Headlight and Gauges. The Whistle and Bell were moved to various locations and have yet been accounted for. STEAM ultimately failed to meet its lease payment and other terms of the agreement. In a civil action brought in Stark County, Ohio by 2700 P&R, the lease with STEAM was held null and void. STEAM ultimately disbanded leaving the 2700 “City of St Albans” in piles of pieces behind Esber Beverage Company. This legal matter is also of public record in the courthouse at Canton. The Stark County Judge recognized and upheld that the 2700 “City of St Albans” was owned and controlled by its owners in West Virginia. In favor of STEAM, their efforts did relieve 2700 P&R of its asbestos liability.
Because STEAM has dismantled the engine, it was nigh impossible to coordinate its return to St Albans. No one with STEAM was cooperative after losing the law-suit. At that juncture 2700 P&R entered negotiations with other interested groups who had capabilities to restore the engine
Fort Wayne Rail Road Historical Society entertained the measure because they also have a Kanawha Class the “Lima 765” (renamed 2765 when we used it to film the movie “Matewan”). Of note, in 1986, the 765 was going to be out of service because of wear on their main side-rod bearings. 2700 P&R loaned the side-rods from 2700 so that the “2765” could be used in the filming of the movie and also be used to pull the New River Train, operated by the Collis P. Huntington Rail Road Historical Society.
. CLICK THIS LINK FOR CORRECTION STATEMENT REGARDING 2765
For historians who wish to view the movie, it is can be rented at any major video outlet. John Sayles is the Director, Haskel Wexler is the Cinematographer. James Earl Jones is one of the leading actors. In the first 10 minutes of the movie you can see the “2765”under steam. You can hear Dr. Dean say, “they brought in all kinds of Italians right off the boat, so they are still bringing coal out of there.” I take a draw on a cigar and follow the conductor with my eyes and say, “sure would hate to get a whiff of that mineshaft.” You can also see Mr. Bailey turn and watch the conductor leave the door-way. The docudrama is about the coal mine wars and the early formation of labor unions.
Following the failure of STEAM, Mr. Bailey was negotiating a deal with Mr. Nick Kallas. At about the same time, there was another offer in the table, from the Fort Wayne Railroad Historical Society. Fort Wayne RRHS valued the engine as a lease at $3,000.00 dollars per year with a $30,000.00 buy-out clause. Other perks included pulling our personal rail coaches, and or Caboose.
David Bailey in this sidebar deal, structured his arrangement with Mr. Kallas without our consent. Pursuant to my conversations with Mr. Kallas after the fact, we learned that David Bailey and his wife, Rebecca Bailey, drove to Chicago and met with Mr. Kallas. Mr. Kallas tendered a check to Bailey, that was less than scrap value. Mr. Kallas paid, at arms-legnth, good money to Bailey. There is a common premise that was ostensibly ignored by Mr. Kallas. “If it is too good to be true, it probably is!” Dr. Dean and I, through our attorney, Christopher Butch, Esq., immediately placed Mr. Kallas on notice that he did not buy out our interest. I can’t speak for Mr. Kallas, but the fact that he “did not take possession” of the engine did not give rise to a need for us (Dean and Muncy) to bring any type of legal action against Mr. Kallas. I would offer that we all (Dean, Muncy and Kallas) chose to not throw good money after bad by litigating the matter. Dean and I believed that any involvement of a railroad expert like Mr. Kallas was an asset to the long term benefit of the engine.
In or about the same time period, I was in contact with Dr. Jerry Jacobson. It was a known fact that Mr. Jacobsen was acquiring, for his collection, the remnants of rolling stock that had previously been acquired and was owned by STEAM. Jacobson and I discussed a business relationship that would house the engine and possibly restore it. Dr. Dean was in contact with Mr. Glen Campbell to explore moving the engine to Pittsburgh for continued restoration efforts. Mr. Rob Sundberg was the only individual from STEAM who remained conscious of the best outcome for the engine. Mr. Sundberg contacted me in 1996 and informed me that there was some talk about moving the engine to Dennison, Ohio, a short move. The key words going around was, the Dennison Group would hold the engine for “Safe Keeping”.
Now look at the mess caused by the STEAM group from Ohio. The 2700 P&R had a beautiful well- kept park engine. STEAM, leased the engine for the purpose of making her run again. STEAM Failed. The engine owners are in West Virginia, The engine (asset) is physically in Canton, on pallets and in cardboard boxes, in pieces. There is no money in escrow, (a violation of STEAM terms of the lease for the purpose of protecting the West Virginia owners) to reassemble the engine. Valuable and collectable parts are scattered and in private collections. A man from Illinois claims to have an interest in the engine. In trying to sort this out, we, the owners and Kallas, an owner, had a real comity issue. In the best interest of the engine, we, the West Virginia owners have previously been satisfied that the engine was in Dennison. At one time, when the engine was still on the switch behind Esber Beverage, I entertained scrapping it in place. Even if the engine were scrapped today, the net value would be less than the cost of transportation and labor and other sunk costs that we have invested in legal fees and upkeep. Better judgment prevailed and I wanted to give the engine a chance to someday be restored and under steam. That is why our engine was left in the care of the DEPOT. The fact that the DEPOT wants to make improvements is not under challenge. The fact that they went to court and did not notify us, IS.
Quite frankly, we respect having Mr. Kallas as a business partner. One of the clouds herein is the fact that, according to the pleadings in the recent civil action, Mr. Kallas never actually took possession of the engine. That said, we, the West Virginia Owners, have never given up any of our ownership interest. In fact that ownership was re-affirmed by the court orders in Canton, Ohio. The engine was initially moved from the switch behind Esber Brewing without our consent when it landed in Denison, Ohio.
Upon learning that the engine had been moved, without our authorization, to Denison, Mr. Elmer Braun, William Dean and I immediately came to Denison to meet with Dr. Jacobson and members of the DEPOT. At that juncture we placed these individuals on notice that we reserved our interest in the engine. Mr. Jacobson and the Dennison Group wanted us to sign off on our interest in the engine. We refused. Question: Why would we need to sign off on ownership if it was not presumed that we had a vested interest? The consensus of that “dinner meeting” was that the DEPOT would keep the engine for “Safe Keeping” and work with us in the future to see the engine remained safe. The underlying premise is that we all, “WE ALL”, really want the engine to ride the rail again.
Now I know where the DEPOT wants to go from here. “We have cared for the engine and housed it for X-number of years!”
My friends, there was nothing ever executed which allowed the DEPOT to run debt or encumber the engine in any way. The fact that they helped orchestrate moving the “City of St Albans” to their property does not vest the DEPOT in any way. The “Safe Keeping” included parking the “City of St Albans” in front of several other pieces of rail equipment and being uncooperative with regard to making it available for a move back to St Albans, West Virginia or any other location Dean and I may have desired. The consensus of the DEPOT staff from that meeting also included the fact that they couldn’t really determine who had authority over the engine, us or Mr. Kallus, and they, the DEPOT, believed that the engine would be better served in their “Safe Keeping” until such time that we (Dean and Muncy) or Kallus, wanted to move it. Obviously trying to get a lien or encumber the “City of St Albans” in some way, is the underpinning for their claim in the lawsuit herein referenced.
Lets explore “Safe Keeping”.
We are dealing with a road engine that weighs a million pounds or 100 tons. To put that into perspective, a Chevrolet ½ ton pick-up truck weighs approximately 4,500 pounds. Therefore, the engine weighs the proximate equivalence of 225 Chevrolet pick-up trucks. Logistically this machine is not something you can park on the cul-de-sac at the end of your street. It is not something you take out or the barn and play with on the weekends.
Logistically, the engine requires access to track.
Moving the engine requires coordination with the existing rail road company with main line track that connects to the location of the engine.
The purpose of allowing the engine to be stored at Dennison, Ohio was to preserve the remains for future rail enthusiasts to enjoy until such time the engine could be refitted for excursion or other service. Therefore, it was never the intention of the owners to be moving the engine from hither to non every couple years. I am sure that many rail enthusiasts have pondered what could be, if the engine were ever restored.
Therefore, storing the engine a short distance from the point where STEAM had gutted it out only made sense, until such time the owners and interested rail fans could come upon a plan which makes economic sense to restore such. Restoration is always an expensive and major undertaking.
From our conversations when we met with the DEPOT officials in 1996, we determined that the members of the DEPOT were simply glad to have any old rolling stock for display, in any condition. That was, in our opinion, a good thing. It relieved us of the need to bring the engine home to St Albans in pieces.
Too often individuals and museums will take the responsibility of caring for this kind of equipment and hope to sort out title issues later. My friends, according to the September 16th 2009, local newspaper, the Times-Reporter, posted, “Tuscarawas County Common Pleas Court Judge Edward O’Farrell has ruled in the case that the Depot is the rightful owner.” Full faith and credit is given to the newspaper regarding the copywrite to the story that appears online at:
http://www.timesreporter.com/local_news/x1358728691/Whistle-blows-on-train-dispute
In my research of the recent published history of the “City of St Albans”, indicates that none of the blogs or interested railroad fans explore how the engine ended up in Dennison. The blogs conveniently whitewash the “nasty past” of STEAM. The common story amongst railroad fans is that the engine left St Albans and somehow, miraculously wound up in Dennison, Ohio. Most historical accounts totally eliminate the 2700 Preservation and Restoration Society and STEAM. If the time period from 1982 until present is accounted for, then all of a sudden the majority owners appear. If you put the real history of the engine on the table from 1986 to present, you will find that Dean and Muncy are continued players in the equation. When the DEPOT comes to its senses, it will realize that it simply can not acquire property belonging to someone else without dealing with the individuals who can significantly impact the acquisition. We take offense the fact that the DEPOT has operated to ignore our long vested position.
As parties holding 2/3 title interest in the “City of St Albans”, we stipulate herein that there are no valid documents in existence that convey, assign or otherwise diminish our position as it was in 1986 when the engine was physically located at 6th Street and 6th Avenue in St Albans, West Virginia.
It is obvious that the judge in the above styled case was led down a wrong path.
As the owners of a 2/3rd interest in this engine, we (Dean and Muncy) herein assert that the Lower Court Judge made an error in his ruling. We herein assert all defenses available to us at law. We further certify and stipulate that were not notified by the parties or given the right to defend our equity position therein. The DEPOT knew or should have known that it did not have standing with regard to claims against the engine title and there-by brought an improper action that creates a cloud on our title.
Let me stipulate that we affirm the Museum Officials efforts to obtain a grant to restore the engine. The whole purpose of “Safe Keeping” was to prevent continued deterioration or the remains of the “City of St Albans”. However, we do not agree that time effort or money spent on this rolling stock vests the DEPOT with any title interest. If the real intent of the DEPOT is preservation of Rail Road History, we affirm that also. The DEPOT knew or should have known that Dean and I exist and hold a title percentage of the engine.
We take grave offence that the DEPOT has tried to finagle this asset from its owners.
We also want a time certain that the engine can be returned to St. Albans. Rest assured that we support and defend Mr. Kallas in his efforts to fend off a bunch of vultures who are trying to obtain an asset for nothing. If we had been approached, the probability is good that we would support the efforts of the DEPOT to prevent further deterioration of this engine.
The present actions of the DEPOT are simply wrong-headed!
In light of the fact that we learned about the dispute with Mr. Kallas after the fact, we would like to set down with the principals of the DEPOT to determine the best and highest outcome for this engine. If the DEPOT wishes to house the engine and spend grant money preserving this historical piece, then we could support that. To try to divide the owners is not acceptable.
Whatever the DEPOT does, it still does not vest the DEPOT with ownership. Care, temporary custody and “Safe Keeping”, yes.
The alternative is for the DEPOT to place us on notice that you do not want the engine to remain in your long term care and we will, upon appropriate notice, remove the same and return it at our expense to St. Albans. In light of the fact that we construe that the DEPOT has acted in bad faith by bringing a suit against Mr. Kallas, we would also be inclined to support Mr. Kallas in moving the engine to Chicago where there is adequate technical knowhow and facilities to restore the engine.
Sincerely,
P. M. Muncy
William H. Dean
Mike Muncy speaks about the Mechanical Condition of the “City of St Albans”.
Unknown Individual and William J. Bailey (Father of David Bailey) have their backs to the camera. Resurrection Day, October, 1986.
Dr. William H. Dean, President, 2700 P&R Speaks to the benefits of Restoration of the “City of St Albans”.
Resurrection Day, October 1996. Left to Right: Senator Boetoner, Ken Baldwin, Gary Antonacci, William Dean, David Bailey, William Bailey (Back to Picture), Mike Muncy (on top of engine to manually blow the Whistle).
Picture taken from the back side of 2700 P&R property with various workers from 2700 P&R and STEAM preparing to re-couple Caboose to the “City of St Albans” and the CSX 4444.
Left to Right: Dr. William H. Dean, President, 2700 Preservation and Restoration Society, Gary Antonacci, President, Silver Throttle Engine and Museum, Ken Baldwin, Secretary-Treasurer, (STEAM), David Bailey, CEO, (2700 P&R), P. Michael Muncy, Chief Mechanical Officer and Director, (2700 P&R).
Picture taken, Resurrection Day, October, 1986.
Muncy, 2700 P&R Chief Mechanical Officer, Deihl, STEAM Chief Mechanical Officer and Sundberg, Vice President, STEAM discuss brake bypass line installation for “Dead in Service” move. October 1986, Engine was still in St Albans, WV.
CAB from “City of St Albans”, (2700) sits on ground with other appliances and parts. Location is behind ESBER BEVERAGE, Canton, Ohio.
Picture was taken following the Court Decision Affirming 2700 P&R as the owners.
Judgment was against STEAM and nullified their rights under the Lease Agreement.
Muncy, Chief Mechanical Officer and Director of 2700 P&R, the Ohio Attorney for 2700 P&R and other 2700 P&R member looks at mess left by STEAM as David Bailey, CEO of 2700 P&R takes pictures.
2700 P&R Attorney, Bailey, CEO & Muncy at Esber Bottling, following Court Ruling in Stark County, Ohio.
Muncy and Dean with “City of St Albans’ as she sat on the Wheeling & Lake Erie switch, Mile Marker 62, at Esber Bottling, just prior to the unauthorized move to Dennison Ohio, for “Safe Keeping”.
Dean on Fireman’s Side of Cab of “City of St Albans” as she sat on the switch behind Esber Bottling just prior to the unauthorized move to Dennison, Ohio.
Please Note the condition of the “Rebuild” as compared to the condition when the engine left St Albans, West Virginia.
Muncy points to name “City of St Albans” as she sat on the switch behind Esber Bottling just prior to arriving at Dennison, Ohio.
Note the condition of the engine as compared to the condition when the engine left St Albans, West Virginia.
Subsequent News Paper article from Charleston West Virginia indicating the status of Muncy as CMO and other railroad rolling stock at St Albans, West Virginia.
CERTIFICATION
I, P. M. Muncy of P.O. Box 217, Pursglove, WV 26546, hereby Certify that I served the foregoing letter and Notice, by depositing a copy thereof in the US Mail, Postage Prepaid, Certified, Return Receipt Requested and or Regular Mail, Postage Prepaid, to the following individuals or entities and where noted, by electronic mail to the respective eMail addresses:
Ms. Wendy Zucal, Executive Director, and Ms. Carrie Callahan, Administrative Assistant, Dennison Railroad Depot Museum, P.O. Box 11, 400 Center Street, Dennison, Ohio 44621 1402 Telephone: 740-922-6776, bing@tusco.net, Wendy Zucal, depot@tusco.net, Carrie Callahan, depotadminassist@tusco.net; Mr. Nick Kallas, in his individual capacity, Illinois Railway Museum, Post Office Box 427, 7000 Olson Road, Union, IL 60180, Mr. Nick Kallas, Museum General Manager, Illinois Railway Museum, Post Office Box 427, 7000 Olson Road,
Union, IL 60180; Fort Wayne Railroad Historical Society, PO Box 11017, Fort Wayne, Indiana, 46855, Telephone: 260-493-0765, contact@765.org, Attention: Glenn Brendel, President, Rich Melvin, Operations Manager; Rockne Clarke, Clerk of Courts, Tuscarawas County Common Pleas Court, 125 East High Avenue, New Philadelphia, Ohio 44663; Judge Edward O’Farrell Tuscarawas County Common Pleas Court, 101 East High Avenue, Suite 201, New Philadelphia, Ohio 44663; Fifth District Court of Appeals, Attention: Cindy, Appeals Clerk, 125 East High Avenue, New Philadelphia, Ohio 44663.
Done this _______day of December, 2009.
_______________________________________
P. M. Muncy
