CLASS II LEGAL
ADVERTISEMENT
IN THE CIRCUIT COURT
OF MARSHALL COUNTY, WEST VIRGINIA
SCOTT FITZSIMMONS and
KENNETH WOOD,
VS. Petitionsers CIVIL ACTION NO.: 24-P-91
HALLIE JO WHITLEY
and unknown heirs,
Defendants.
Scott Fitzsimmons and Kenneth Wood, by and through counsel,
Robert P. Fitzsimmons, Esq., Eric C. Haught, Esq., and
Fitzsimmons Law Firm PLLC, hereby file notice of the pendency of the above-captioned Civil Action against Hallie Jo Whitley, 790
Fletcher Pike, South Charleston, Ohio 45368-773.
The real estate which is at issue in the above-captioned Civil Action is known as 1 Fish Creek in Liberty District, Marshall County, West Virginia and more fully described in the Deed to Scott M.
Fitzsimmons and Kenneth Dane Wood, dated
September 28, 1984, and of record in the office of the Clerk of the county court of Marshall County, West
Virginia, Deed Book 514, at Page 25, and described as follows:
Beginning at an iron pin at the edge of Fish Creek and corner to the land of Joe Johnson; thence Northeast a distance of 98 feet to an iron pin; thence running with the line of the lands of Joe Johson, East, a distance of 278 feet to an iron pin; thence West with the line of the lands of Barbara Cooper a distance of 344 feet to an iron pin on the bank of Fish Creek; thence North a
distance of 295 feet to the place of beginning; said tract or parcel of land containing one acre, more or less.
Despite the exercise of reasonable diligence by the Petitioners, the date and record data of the instrument or other conveyance which immediately created the oil and gas mineral interest is presently unknown.
Upon information and belief, the source of title of the last known owners of the oil and gas mineral interests is contained in the Affidavit of Heirship, recorded on
December 29, 2020, and of record in the office of the Clerk of the county court of Marshall County, West
Virginia in Deed Book 44, at Page 529, which vests ownership of the aforementioned oil and gas mineral
interests in David Shankel, deceased November 22, 1967.
Upon information, belief, and the exercise of
reasonable diligence by the Petitioners, David Shankel has one heir, Defendant Hallie Jo Whitley, who last resided at 790 Fletcher Pike, South Charleston, Ohio 45368-7733.
The nature of the Civil Action is a claim by the
Petitioners brought for the purpose of authorizing
payments from a horizontal well unit, and thereafter, in the case of any Defendant or heir, successor, or assign of any Defendant who does not appear to claim
ownership of the Defendant’s interest within five years after the date of the court ordering a conveyance of the Defendant’s oil and gas mineral interest under
West Virginia law, subject to the lease terms determined by the commission and the horizontal well unit order, to the owners of the surface overlying the oil and gas mineral interest, and to ORDER ownership to the
owners of the surface overlying the oil and gas mineral interest.
WHEREFORE, this Notice is being filed with the Clerk of the County Commission of Marshall County, West Virginia, pursuant to West Virginia Code § 22C-9-7a(o)(7), in an effort to provide notice to
Defendants and the public.
By:
Respectfully submitted,
SCOTT FITZSIMMONS and
KENNETH WOOD,
Petitioners,
Robert P. Fitzsimmons Esq. (WV Bar #1212) Eric C. Haught, Esq. (WV Bar #13204)
FITZSIMMONS LAW FIRM PLLC
1609 Warwood Avenue Wheeling, WV 26003
Phone: (304) 277-1700
Fax: (304) 277-1705 [email protected]
[email protected]
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