IN THE CIRCUIT COURT OF TYLER COUNTY, WEST VIRGINIA
JB EXPLORATION I, LLC , a West
Virginia Limited Liability Company,
Individually, and in Fiduciary
Relationship with its Lessor,
SUSAN JOINER, and JAY-BEE
ROYALTY, LLC, a West Virginia
Limited Liability Company,
Plaintiffs,
CIVIL ACTION NO. 24-C-2
Hon. Charles R. Wilson, Judge
-vs-
DAVID IRA McCOY, AMERICAN RED CROSS OF
SAN BERNARDINO CA FBO INLAND EMPIRE
CHAPTER NKA AMERICAN RED CROSS SERVING
SAN BERNARDINO COUNTY CALIFORNIA, SHERRY
BAKER, BRIAN K. BENTLEY, SHARON LEE BLAND,
TARA LYNN DIXEY, EVA FURRH, POLLY C. JAPP
C/O KIM SMIR POA, PAUL KELLER JR., BLAKE
ALLEN LANGFELDT, HUGH STEPHEN LYNCH,
PEGGY S. MARTIN, ROBERT R. MARTIN, DENISE
McCOY, GARY D. McCOY, KATHERINE McCOY,
PATRICK R. McCOY, ROBERT L. McCOY, GENTRY
McCUTCHEN, STEPHEN WAYNE PERKINS, TERRY
PERKINS JR., MARSHA RICHARDSON, LORETTA A.
UPTEGRAFT, CHERYL A. WELCH, ELIZABETH MOY
WILKERSON, DONNA J. WILKES, JANEE A. WILSON,
JERRY D. WILSON JR., JON F. WILSON, RANDY W.
WILSON, SHEREEN D. WILSON, CLARENCE E. RAY,
WILLIAM J. LOENHORST, ELLYN J. LOENHORST,
TRIBUNE RESOURCES LLC, KENNETH McCOY,
ANGIE B. McINTYRE, E. C. McINTYRE, L. G.
McINTYRE, MARY ALMA McINTYRE McCOY,
ALBERT McCOY, DONALD McCOY, BURL
MARCELLUS McCOY, BERTHA GARNETT McCOY,
JERRY D. WILSON, HELEN L. McCUTCHAN, MARY
L. GRIGSBY, MICHAEL D. GRIGSBY, JAMES I.
McCOY, EDITH BELLE McCOY RANKIN, BETTY LOU
MOY, OVID S. McCOY, EVA F. LINDER, ELNORA L.
LYNCH, MARY MOY, DOROTHY McINTYRE JOINER,
WILLIAM DOUGLAS BLAND, WILLIAM G. McINTYRE,
ALDENA McCOY, ALMA M. PARKER McINTYRE,
AUDRA PAULINE ARMS, NICK B. ARMS, PATRICIA
ANN PERKINS, TERRY RAY PERKINS, ERIC DANE BENTLEY, BRENT A. BENTLEY, JAMES LEE
McINTYRE, JAMES LEE McINTYRE II, BARBARA
McINTYRE PESCAIA RAY, and the remaining unknown
heirs, devisees, successors, assigns and/or creditors of
any of the above, including without limitation those not
known to be alive, and all other unknown persons or
defendants, who own or claim to own an interest in and
to the oil and gas within and underlying that certain tract
or parcel of real estate situate on the waters of Indian
Creek, McElroy District, Tyler County, West Virginia,
said to contain 36 acres, more or less,
Defendants.
AMENDED ORDER OF PUBLICATION
To: The above-named Defendants, their unknown heirs,
devisees, successors and/or assigns, if any.
The object of the Amended Complaint filed in the
above-entitled action is to obtain a judgment declaring
all ownership interests and quieting title in and to the oil
and gas underlying that certain lot, tract or parcel of land
containing 36 acres, more or less, lying and being sit
ate on the waters of Indian Creek, in McElroy District,
Tyler County, West Virginia, being hereinafter further
described (“Subject Oil and Gas Property”) including the
ownership of and title to the oil, gas and mineral estate,
oil and gas leasehold estate, and right to develop,
operate and produce oil and/or gas pursuant to the
provisions of W.Va. Code § 37B-1-4, et seq. Further,
however, the Amended Complaint seeks to require the
allotment/partition sale of the Subject Oil and Gas
Property pursuant to West Virginia Code §37-4-1 et seq
and to have that portion of the Subject Oil and Gas
Property which neither Plaintiff, JB Exploration I, LLC,
nor Tribune Resources, LLC has been (or is) able to
lease sold at judicial sale, to the highest bidder, by a
Special Commissioner appointed by the Court, and to
have the Special Commissioner pay the un-leased
Defendants such sums of money as their undivided
interest in the Subject Oil and Gas Property may entitle
them. In the alternative, the action seeks the
appointment of a Special Commissioner for the sale,
execution and delivery of a lease of Defendants’
interests in and to the oil and gas underlying the Subject
Oil and Gas Property pursuant to West Virginia Code
§55-12A-1 et seq .:
Being situate on the waters of Indian Creek, McElroy
District, in the County of Tyler, State of West Virginia:
BEGINNING at a spruce pine on creek bank in
McCormick’s line; thence with the same S.117 poles to
a stone corner to Beverlin; thence with his line S.77-1/2
E.51 poles to a stone; thence N.7 W.111 poles to a
white walnut; thence N.82 E.10 poles to a stone; thence
N.85 poles to a stone on creek bank; thence down the
same N.65 W.15 poles; S.20 W.21 poles; S.62 W.15
poles to the place of beginning, containing 36 acres of
land, more or less.
Further being all of the oil, gas and minerals underlying
the aforedescribed tract of land as shown on the tax
maps for Tyler County, McElroy District as Tax Map 12,
Parcel p/o 30.
It appearing by an amended affidavit filed in this action
that the whereabouts of some or all of the above named
Defendants, and their unknown heirs, devisees,
successors or assigns, if any, are unknown and/or that
such individuals or entities are nonresidents of the State
of West Virginia; that there are or may be persons other
than those named above who are interested in such oil,
gas and minerals, whose names are unknown to
Plaintiffs, and who are made parties to the Amended
Complaint filed in this action by the general description
of unknown defendants, and the Plaintiffs having made
diligent but futile efforts to locate some or all of said
Defendants; it is accordingly ORDERED that each of
them do appear and serve upon William Crichton VI,
Lawyer, whose address is 511 28th Street, Vienna,
West Virginia 26105, an answer or other defense to the
Amended Complaint filed in this action on or before the
8th day of August, 2025, otherwise judgment by
default will be taken against them at any time thereafter.
A copy of said Amended Complaint can be obtained
from the undersigned Clerk at her office located in
Middlebourne, Tyler County, West Virginia.
Entered by the said Clerk this 11th day of June , 2025.
Teste:
Candy L. Warner (by Tamela R. Weekley)
Clerk of said Court
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