Randolph

IN THE CIRCUIT COURT OF RANDOLPH COUNTY, WEST VIRGINIA

IN THE CIRCUIT COURT OF RANDOLPH COUNTY, WEST VIRGINIA

CHARLES E. LOTHES and
ALICE FAYE LOTHES,

Petitioners,

vs.
Civil Action No. 15-C-146
UNKNOWN HEIRS, ASSIGNS,
OR CREDITORS OF SHERMAN LEE COLLETT,
SHAWN COLLETT,
ALVIN K. KNAGGS,
ROBERT F. KNAGGS,
CHARLENE GIBSON,
BENJAMIN KNAGGS,
J.H. WAMSLEY (a/k/a JOHN HENRY WAMSLEY),
And WINNIFRED K. WAMSLEY
(a/k/a WINNIFRED KNAGGS WAMSLEY)

Respondents.

ORDER OF PUBLICATION

Pursuant to Rule 4(E) of the West Virginia Rules of Civil Procedure, The Circuit Clerk of Randolph County, West Virginia, upon review of the record, hereby enters an Order of Publication for service of the Complaint against the Respondents listed herein. An advertisement shall be published in a qualified newspaper, The Inter-Mountain, running a legal advertisement once a week for two consecutive weeks.
The Order of Publication shall give the style of the suit as follows: In the Circuit Court of Randolph County, West Virginia, CHARLES E. LOTHES AND ALICE FAYE LOTHES, Petitioners, v. UNKNOWN HEIRS, ASSIGNS, OR CREDITORS OF SHERMAN LEE COLLETT, SHAWN COLLETT, ALVIN K, KNAGGS, ROBERT F. KNAGGS, CHARLENE GIBSON, BENJAMIN KNAGGS, J.H. WAMSLEY (AKA JOHN HENRY WAMSLEY), AND WINNIFRED K. WAMSLEY (A/K/A WINNIFRED KNAGGS WAMSLEY) Respondents, Civil Action No. 15-C-146, before the Honorable Judge David H. Wilmoth.
The Order of Publication shall state that the object of the above entitled civil action is as follows:

This is an action regarding a small parcel of land surrounding a roadway on the property located at 1658 Back Road, Valley Bend, WV 26293. Upon information and belief, said parcel is part of a larger parcel once owned by J.H. Wamsley, a/k/a John Henry Wamsley, and his wife Winnifred K. Wamsley, a/k/a Winnifred Knaggs Wamsley. Petitioners seek a judgment in the form of ownership by adverse possession, an easement implied by necessity or use, and a right of way of necessity.
Further, the Order of Publication shall state that it is ordered that Respondents serve upon the Circuit Clerk of Randolph County, West Virginia located at The Randolph County Courthouse, 2 Randolph Street, Elkins, WV 26241, upon Petitioners’ Attorney, Melissa T. Roman, Esquire, whose address is Klie Law Offices, PLLC, 85 W. Main Street, Buckhannon, WV 26201, an Answer or other defense to the Petition within 30 days of this publication otherwise that Judgment by Default will be rendered against Respondents, Unknown Heirs, Assigns, or Creditors of Sherman Lee Collett, Shawn Collett, Alvin K, Knaggs, Robert F. Knaggs, Charlene Gibson, Benjamin Knaggs, J.H. Wamsley (a/k/a John Henry Wamsley), and Winnifred K. Wamsley (a/k/a Winnifred Knaggs Wamsley).
Finally, the Order of Publication shall state that the Respondents, Unknown Heirs, Assigns, or Creditors of Sherman Lee Collett, Shawn Collett, Alvin K, Knaggs, Robert F. Knaggs, Charlene Gibson, Benjamin Knaggs, J.H. Wamsley (a/k/a John Henry Wamsley), and Winnifred K. Wamsley (a/k/a Winnifred Knaggs Wamsley), can obtain a copy of the Petition from the Randolph County Circuit Clerk located at The Randolph County Courthouse, 2 Randolph Street, Elkins, WV 26241.

Entered this 21st day of September, 2015.

Philip D. Riggleman, Clerk
Randolph County, West Virginia
Circuit Clerk
by: S. Davis, Deputy Clerk

Order prepared by:

Melissa T. Roman
Erika Klie Kolenich, Esq. (9880)
Karl Kolenich, Esq. (12446)
Melissa T. Roman, Esq. (10576)
Klie Law Offices, PLLC
85 W. Main Street
Buckhannon, WV 26201
(304) 472-5007
Facsimile: 304-472-1126
[email protected]
[email protected]
10/3, 10/10