IN THE CIRCUIT COURT OF
WYOMING COUNTY,
WEST VIRGINIA
CIVIL ACTION NO: 23-C-53
HON. MICHAEL M.
COCHRANE, JUDGE
BIG HUFF TIMBERLANDS LLC,
a Delaware limited liability company
Plaintiff,
v.
KATHY BAILEY SAMPSON, ELWIN “ELI” J. BAILEY, DAVID BAILEY, KELIS RAY WEESE, DAVID V. PAYNTER, THE UNKNOWN HEIRS, SUCCESSORS, AND ASSIGNS OF PATRICK REID PAY NTER, SHANNON RIGGS PAYNTER, AUDRA FITZGERALD, MARK PAYNTER, FRANKLIN PAYNTER, DAKOTA WILLIAM PAYNTER, ONNIE REED PAYNTER, AMY M. PAYNTER, ANGELA M. PAYNTER, DWIGHT ARNOLD PAYNTER, ROSS DARRELL PAYNTER, RICHARD RANDOLPH PAYNTER, THELMA DARLENE PAYNTER PUGH, MARTHA JOANNE MICHALOFF, BRENDA (MATNEY) FIDELL, SANDRA (MATNEY) HALSTEAD, JOSEPH BOOTEN MATNEY JR., JACQUELINE (MATNEY) CUPCHAK, ELIJAH RAY PAYNTER, JENNIFER DAWN (BROWN) HALL, CHARLES DEWAYNE BROWN, JUDY (PRICE) PAYNTER, DEBOROAH YVONNE ELKINS, THE UNKNOWN HEIRS, SUCCESSORS, AND ASSIGNS OF JUDY ALICE THOMPSON, TEDDY J. BLANKENSHIP, SHEILA (THORNSBURY) BLANKENSHIP, WILLIAM BOYD BLANKENSHIP, ETHEL E. BLANKENSHIP, JAMES DONNELL BLANKENSHIP, CLETTIE DAN BLANKENSHIP, DENSIL BLANKENSHIP, BERMAN STEPP, MYRTLE JENE (BLANKENSHIP) LAMBERT, JOYCE E. (BLANKENSHIP) JOHNSON, HAZEL M. (BLANKENSHIP) COOK, LINDA LOU (BLANKENSHIP) MITCHELL, BOBBY DALE MILLER, MARY ANN MILLER, RAYMOND E. STEELE, LARRY MILLER, JERRY MILLER, TIMOTHY MILLER, REGINA WORKMAN, CATRINA MORGAN, CONSTANCE GILLISPIE, JOSHUA ELDRIDGE, BONNIE ELDRIDGE, AMANDA ELDRIDGE, OTIS ADKINS, LUCIA STOUT, DOMENICO SALZANO, ANGELO SALZANO, GUIDO SALZANO, GIUSEPPE SALZANO, KIRA MCNICHOLS, CHARLES IVAN PAYNTER, THE UNKNOWN HEIRS, SUCCESSORS, AND ASSIGNS OF MERTIE TRISSEL, SARAH CARPER RILEY, CASSANDRA MCKINNEY, CONNIE CARPER, ERIC QUINN CARPER, JEANNETTA HAYES, RICKEY CARPER, ROCKEY CARPER, MARLENE DYER, PHILLIP RAY PAYNTER, KEVIN DWAYNE PAYNTER, ELEANOR LOWE HUNT, CHARLES SCOTT PAYNTER, JAMES CREGGER, JAMES R. GALLOWAY, MARY CLABO, THE UNKNOWN HEIRS, SUCCESSORS, AND ASSIGNS OF CHARLES EDWARD CREGGER, ALLEN WORKMAN, AND THE UNKNOWN HEIRS, SUCCESSORS, AND ASSIGNS OF CHARLES 0. PAINTER AND REBECCA PAINTER.
Defendants.
ORDER OF PUBLICATION
TO: Patrick Reid Paynter, and all unknown heirs, successors, and assigns Amy M. Paynter, and all unknown heirs, successors, and assigns Angela M. Paynter, and all unknown heirs, successors, and assigns Judy Alice Thompson, and all unknown heirs, successors, and assigns Mertie Trissel, and all unknown heirs, successors, and assigns Charles Edward Creggor, and all unknown heirs, successors, and assigns Allen Workman, and all unknown heirs, successors, and assigns All unknown heirs, successors, and assigns of Charles 0. Painter and Rebecca Painter
There is now pending in the Circuit Court of Wyoming County, West Virginia, the above-styled Civil Action (“Complaint”) in which Big Huff Timberlands LLC (“Big Huff”), a
Delaware limited liability company, authorized to do business in the State of West Virginia and whose mailing address is 3574 Teays Valley Road, Suite B, Hurricane, West Virginia 25526, is Plaintiff and Patrick Reid Paynter, Amy M. Paynter, Angela M. Paynter, Judy Alice Thompson, Mertie Trissel, Charles Edward Creggor, Allen Workman, and all unknown heirs, successors, and assigns of Charles 0. Painter and Rebecca Painter (“Unlocatable Defendants”) are Defendants to
be served by publication.
The object of the civil action is allotment of the surface interest in the below- described property of all defendants to Big Huff or, in the alternative, partition by sale of the same.
The property is situate on the waters of Paynter Branch in Oceana District, Wyoming County, West Virginia, identified as Tax Parcel ID No. 07-0133-0003-0000, and more particularly described as follows:
Beginning at a 1″ x 30″ rebar with an aluminum cap (1″ rebar hereafter) set, a corner to A. Z. Litz, LLC’s 4 acres, Mary Brown Heirs’ 101 1/2 acres, Tioga Lumber Company’s 1389.77 acres (Tract G of this survey), thence with said 1389.77 acres for four lines
S 75deg.47’49” E 1353.00′ to a 1″ rebar set at a 22″ ash and 24″ beech found on the hillside (t-rail found laying between ash and beech), thence
S 43deg.09’25” E 2363.77′ to a 1″ rebar set, from which a gas wellhead bears S 27deg.43’50” W at 137.55′, thence
S 30deg.50’35” W 472.75′ to a 1″ rebar set, thence
S 37deg.44’19” E 198.00′ to a t-rail found on a ridge, a corner to Tioga Lumber Company’s 823.52 acres (Tract C of this survey), thence leaving said 1389.77 acres and with the ridge as it meanders and said 823.52 acres for two lines
S 71deg.47’10” W 595.58′ to a t-rail found, thence
S 48deg.13’15” W 866.22′ to a t-rail found at the intersection of a point ridge with said ridge, a corner to Tioga Lumber Company’s 80.41 acres (Tract E of this survey), thence leaving said 823.52 acres and with said 80.41 acres and with said point ridge as it meanders for nineteen lines,
N 38deg.28’12” W 196.67′ to a 1″ rebar set, thence
N 15deg.39’18” W 384.18′ to a 1″ rebar set, thence
N 01deg.56’07” W 297.09′ to a 1″ rebar set, thence
N 15deg.41’10” W 192.55′ to a 1″ rebar set, thence
N 01deg.28’49” E 112.46′ to a 1″ rebar set, thence
N 12deg.28’51” W 256.82′ to a 1″ rebar set, thence
N 27deg.55’21” E 126.66′ to a 1″ rebar set, thence
N 02deg.59’29” E 110.02′ to a 1″ rebar set, thence
N 31deg.34’55” W 157.96′ to a 1″rebar set, thence
N 46deg.47’12” W 273.55′ to a 1″ rebar set, thence
N 11deg.03’33” E 365.56′ to a 1″ rebar set, thence
N 30deg.35’00” W 198.66′ to a 1″rebar set, thence
N 58deg.00’54” W 310.30′ to a 1″ rebar set, thence
N 62deg.52’19” W 172.05′ to a 1″ rebar set, thence
N 61deg.46’19” W 163.04′ to a 1″ rebar set, thence
N 51deg.51’24” W 79.09′ to a 1″ rebar set, thence
N 62deg.47’15” W 98.91′ to a 1″ rebar set, thence
N 55deg.11’33” W 250.05′ to a 1″ rebar set, thence
N 62deg.15’38” W 76.36′ a corner to said 101 ½ acres, thence leaving said 80.41 acres and with said 101 1/2 acres for a line
N 03deg.56’13” W 347.79′ to the Point of Beginning containing 82.45 acres as surveyed on the grid north meridian by Augusta Land Consultants, Inc. of Danville, West Virginia, in April 1998 – March 2000 and shown as Tract F on a plat dated
February 16, 2021, entitled “Plat of Survey for Tioga Lumber Company of the J.H. George Tract, the Jacob Cook Tracts, the Sprague Tracts and the Big Huff Coal Company Tracts”, prepared by Augusta Land Consultants, Inc., and of record in the aforesaid Clerk’s Office in Map Book 4117, Page 1, which is incorporated by reference herein and made a part of this description.
The Paynter Heirs Family Cemetery is excepted from the property, and is more particularly described as follows:
Beginning at a point being the north corner of the Paynter Heirs Family Cemetery, said point being referenced by a 1″ rebar set by Allegheny Surveys, Inc. at a 22″ ash and 24″ beech found on the hillside (t-rail found laying between ash and beech) N 41deg.03′ W 885.00′ thence
leaving northern corner of the cemetery and following the access road S 64deg.00′ E 79.5′ to a point being the eastern corner of the cemetery, thence
leaving said eastern corner and access road S 39deg.31′ W 93.30′ to a point being the southern corner of the cemetery, thence
N 52deg.38′ W 99.20′ to a point being the western corner of said cemetery, thence
N 55deg.02′ E 81.40′ to the Point of Beginning and containing 0.17 acres more or less.
Together with the non-exclusive right of access to the Paynter Heirs Family Cemetery using the existing access road crossing over and through the “Property” starting at a point in the Wyoming County route 10 over 2 (also being locally known as Paynter Branch Road) in a northeasterly and easterly direction to the Paynter Heirs Family Cemetery.
Big Huff has made diligent efforts to identify or locate the Unlocatable Defendants, which efforts include, but are not limited to:
a. Acquiring a professional title examination conducted by an attorney licensed to practice law in the state of West Virginia who is experienced with title examination of surface and mineral properties, which said examination included a review of all physical and online records of the Office of the Clerk of the County Commission of Wyoming County, all online Wyoming County tax records, online records from all counties, in state and out of state, that were likely to contain records relating to potential partition defendants, ancestry.com, findagrave.com, and all other online and print records reasonably available to Big Huff; and
b. Making inquiry of other owners of the property and known relatives of the Unlocatable Defendants as to identify the whereabouts of the same.
It is therefore ORDERED that PATRICK REID PAYNTER, OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, AMY M. PAYNTER, OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, ANGELA M. PAYNTER, OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, JUDY ALICE THOMPSON, OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, MERTIE TRISSEL, OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, CHARLES EDWARD CREGGOR, OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, ALLEN WORKMAN OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, AND HEIRS, SUCCESSORS, AND ASSIGNS OF CHARLES 0. PAINTER AND REBECCA PAINTER appear and serve upon Charles B. Dollison, Esq., Bowles Rice LLP, counsel for Big Huff, whose address is 600 Quarrier Street, Charleston, West Virginia 25301, a response or other defense to the Complaint heretofore filed in this action within 30 days after the date of the third publication of this notice. Otherwise, the Court may render judgment of default against PATRICK REID PAYNTER, OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, AMY M. PAYNTER, OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, ANGELA M. PAYNTER, OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, JUDY ALICE THOMPSON, OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, MERTIE TRISSEL, OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, CHARLES EDWARD CREGGOR, OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, ALLEN WORKMAN OR THE HEIRS SUCCESSORS AND ASSIGNS THEREOF, AND HEIRS, SUCCESSORS, AND ASSIGNS OF CHARLES 0. PAINTER AND REBECCA PAINTER at anytime thereafter, thereby granting the relief requested by Big Huff in the Complaint.
A copy of said Complaint can be obtained from the Office of the Clerk of the Circuit Court of Wyoming County, West Virginia, Wyoming County Courthouse 100 Main and Bank Streets, Pineville, West Virginia 24874.
Entered by the Clerk of this Court on the 6th day of July, 2023.
TONY PAYNTER
CLERK OF THE CIRCUIT COURT
OF WYOMING COUNTY,
WEST VIRGINIA
BY: K.C.
DEPUTY CLERK
Prepared and Submitted by:
Charles B. Dollison (WVSB #5499)
Evan G. Conard (WVSB # 12265)
Jakeb H. Shuck (WVSB #14101)
BOWLES RICE LLP
600 Quarrier Street
Post Office Box 1386
Charleston, WV 25301
Phone (304) 347-1100
Fax (304) 343-2867
E-FILED 7/6/2023 1:45 PM
CC-55-2023-C-53
ID: 722931