IN THE CIRCUIT COURT OF
FAYETTE COUNTY,
WEST VIRGINIA
CIVIL ACTION NO.
18-C-122 (B)
BILLY JO WHITTAKER,
EVELYN QUINN,
DONNA FLAMINO,
SHERRY MOXLEY and
DEREK WAYNE WHITTAKER,
PLAINTIFFS,
VS.
PATRICIA PRUITT COBB,
TONIA PRUITT WOOLWINE,
DANNY PRUITT,
RANDY PRUITT, JOEY PRUITT,
LARRY PRUITT, ROCKY PRUITT,
JEREMY KEFFER, JOHN COBB,
and all unknown heirs-at-law of
JUANITA HARRAH WHITTAKER
and
PAMELA CAROL PRUITT COBB,
deceased,
DEFENDANTS.
ORDER OF PUBLICATION
The object of the matter pending in the above entitled action is a Complaint for Partition of Real Estate seeking the sale of the Plaintiffs’ and the Defendants’ interests in the following described real estate, and to appoint a Special Commissioner to execute a deed on behalf o the Defendants conveying said interests to the highest and best bidder, which real estate is situate in New Haven, Fayette County, West Virginia, and more particularly described as follows, to wit:
BEGINNING at an iron spike in the center line of a dirt road leading from Lee to W. Va. Route No. 41 and on the northeasterly right of way line of the Garden Ground Branch of the Chesapeake & Ohio Railway Company at 50-feet from the center line of the tract, and being also on the southeasterly boundary line of a certain Parcel NO. 1 containing 1.11 acres, granted and conveyed to Blackburn-Patteson Realty Company by the New River Company by deed dated the 28th day of August, 1946, thence with Blackburn-Patteson and the center line of the said road N 39-05 E 40.24 feet to an iron spike; thence N 2052 E. 35.22 feet to a point in the center line of the said road; thence parallel with a driveway and 20-feet northerly from the center line thereof, S 78-44 E 48.26 feet to a set stone; thence N 53-12 E 119.93 feet to a set stone, said stone being N 63-58 E 15.80 feet from a 15-inch red oak; thence S 13-05 E 91.48 feet with the center line of an easement road to a point; thence continuing with the center line of said easement road, S 1-40 W 94.93 feet to a lead plug at the place of junction of said easement road with a driveway inside the lot being described, said junction point being the beginning of a public road leading south-eastwardly to the above mentioned West Virginia Route No. 41; thence with the center line of said public road by four calls as follows: S 24-43 E 41.83 feet to a lead plug; thence S 43-28 E 41.08 feet to a lead plug; thence S 57-02 E 59.49 feet to a 1″-iron bolt driven in the center line of the road; thence S 72-51 E 64.68 feet to a point, said point being a northwesterly comer to a certain Parcel No. 2 containing 14.17 acres included in the above mentioned deed of conveyance to the said Blackburn-Patteson Realty Company; thence with said Realty Company S 46-36 W 119.48 feet to appoint in the center line of a public road; thence N 69-17 W 28.03 feet to a railroad spike driven in the center of the said road; said spike being on the northeasterly boundary line of the Chesapeake & Ohio Railway Company’s Garden Ground Branch; thence leaving the road and with the railroad right of way line, parallel with and 50-feet from the center line of the tract, N 43-18 W 339.05 feet to the beginning, containing 1.02 acres, more or less. And being shown as Parcel12, Lee upon a map or plat of the same made by The New River Company November I, 1949, Plan 1383-B marked “MAP SHOWING SURFACE PARCEL AT LEE, WEST VIRGINIA, TO BE DEEDED BY THE NEW RIVER COMPANY TO COALFIELD LAND COMPANY”.
There is, however, reserved from the aforedescribed tract the following portion thereof which was conveyed by Bill Whittaker and Juanita Harrah Whittaker, his wife, to Roger Dalton by deed dated January 18, 1974, and recorded in the aforesaid Clerk’s office in Deed Book 320 at Page 411, to-wit:
BEGINNING at a stake near the Mill Creek Road and carter property; thence leaving said stake and running with said Carter property S 78deg. 44′ E 48.26 feet to a set stone; thence leaving said set stone and running N 53deg. 12′ E 119.93 feet to a set stone; thence leaving said set stone and running S 13deg. 05′ E 91.48 feet to a set stone; thence leaving said set stone and running S 53deg. 12′ W 100 feet to a stake; thence leaving said stake and running 90 feet to the point of beginning.
And being the same real estate conveyed unto Bill Whittaker and Juanita Harrah Whittaker by deed dated August 21, 1973, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 316, at Page 337. Bill Whittaker died intestate on December 6, 2003, leaving as his sole heirs-at-law his wife, Juanita Harrah Whittaker, and five (5) children, the Plaintiffs herein, to-wit: Billy Jo Whittaker, Evelyn Quinn, Donna Flamino, Sherry Moxley and Leslie Wayne Whitaker. Leslie Wayne Whittaker died unmarried and intestate on January 30, 2010, leaving as his sole heir-at-law his son, Derek Wayne Whittaker. The defendants are the heirs-at-law of Juanita Harrah Whittaker who died intestate as a resident of Fayette County, West Virginia, leaving as her sole heirs-at-law the hererinabove named Defendants and the unknown heirs-at-law of Junaita Harrah Whittaker and Pamela Carol Pruitt Cobb.
It appearing by Affidavit filed in this action that the Plaintiff has used due diligence to ascertain the residence or whereabouts of the Defendants, Randy Pruitt, Rocky Pruitt and Tonia Woolwine, and that there may be other persons having an interest in the hereinabove described real estate whose identities are unknown to the Plaintiff, and having exercised due diligence to locate and identify said persons without effect, and that upon information and belief the Defendants are non-residents of the State of West Virginia, for whom there is no agent, or appointed or statutory agent or attorney in fact found in the State of West Virginia upon whom service may be had it is hereby:
Therefore, it is ORDERED that said Defendants and the unknown heirs-at-law or devisees, do appear and serve upon James C. Blankenship III, Attorney at Law, PO Box 326, Fayetteville, WV 25840, an answer or other defense to the this action on or before thirty (30) days from the date of the first publication of this Class II Order of Publication, otherwise judgment by default will be taken against said Defendants at any time thereafter.
A copy of the Complaint for Partition may be obtained from the undersigned Clerk at his office located on the second floor of the Fayette County Courthouse, 100 Court Street in Fayetteville, Fayette County, West Virginia.
Entered by the said Clerk of the Court this the 18th day of June, 2018.
Teste: Cathy L. Jarrett
Clerk of said Court
8-6-MON-3-RH; LG 118909
ID: 118909