NOTICE IN THE CIRCUIT COURT OF LEWIS COUNTY, WEST VIRGINIA CIVIL ACTION NO. 21-C-30 HG ENERGY II APPALACHIA, LLC. Plaintiff, v. TAMMY LORRAINE ROVELLO, H.B. SHEETS, AND ALL THE UNKNOWN HEIRS, SUCCESSORS, AND ASSIGNS THEREOF, ALICE EDWARDS, AND ALL THE UNKNOWN SUCCESSORS, AND ASSIGNS TH.EREOF, DUSTIN KENNEDY, AND BRENDA STOUT, Defendants. ORDER OF PUBLICATION TO: H.B. Sheets, and all unknown heirs, successors, and assigns Alice Edwards, and all unknown, heirs , successors, and assigns There is now pending in the Circuit Court of Lewis County , West Virginia, the above-styled Civil Action in which HG Energy II Appalachia, LLC (” HG Energy” ), a Delaware limited liability company, authorized to do business in the State of West Virginia and whose mailing address is 5260 Dupont Road, Parkersburg, West Virginia , 26101, is the Plaintiff and H.B. Sheets and Alice Edwards are Defendants to be served by publication. The object of said Civil Action is to obtain an Order from the Court declaring that the express language of ce1iain oil and gas leases grant HG Energy the right to pool, unitize , and operate oil and gas interests covered by the leases jointly with neighboring lands and to operate the leases jointly with other leases for neighboring lands. Alternatively, the Civil Action seeks an Order from the Court to quiet title to the oil and gas within and underlying a certain tracts of land containing 55 3/4 acres, located in Freemans Creek District, Lewis County, West Virginia, and identified more particularly as Tax Map SB, Parcel 40, Tax Map 6B, Parcel 9, and Tax Map 6C, Parcel 1 (the “Subject Property), and seeks the appointment of a Special Commissioner to privately sell, execute, and deliver valid lease amendments and ratifications for Respondents /Defendants H.B. Sheets, and Alice Edwards, including all of their unknown and unlocatable heirs. The subject property is comprised of the oil and gas estate within and underlying 55 3/4 acres in Freemans Creek District, Lewis County, West Virginia, described more paiiicularly as follows: Beginning at a stake near road and spring and rum1ing S. 74 1/2 W. 7 poles to a bar post; thence N. 89 W. 11 1/2 poles to a stake at foot of Hill; S. 5 W. 8 poles to a stone and sugar tree pointers; S. 41 W. 10 poles to stone pile; N. 74 W. 38 1/2 poles to stone at fence on top of hill; S. 60 1/4 W. 25-3/4 poles to B. 0. now down; S. 51 W. 9-3/4 poles to stake on old line; N. 85 1/2 W. 38-3/4 poles to two Hickorys on ridge; S. 36-3/4 E. 243/4 poles to B.O. corner to Brunette Bailey; S. 47 E. 58 poles to Rock on point; S. 86 1/2 E. 37 poles to C.O. on ridge; S. 45 E. 17 1/2 poles to stone W. 0. & C. 0. pointers; N. 89 1/2 E. 44 poles to stone pile, sour wood, maple and other pointers; N. 61 1/4 E. 33 poles to C. O. Sapling; N. 48 1/2 E. 8 1/2 poles to W. 0. on top of point; N. 78 1/4 W. 54 poles to W. 0. at new road; N. 13 1/2 W. 38 poles to stone pile in field; N. 7 1/2 E. 14 poles to stone in field; N. 10 1/2 E. 13 1/4 poles to beginning, and being the same prope1iy conveyed to James C. Gan-ett, J.R. Garrett, II, and Gregory Joseph Watkins by deed dated December 8, 2003, and recorded in the Office of the Clerk of the County Co1mnission of Lewis County, West Virginia in Deed Book 621, page 578. HG Energy has made diligent efforts to identify or locate H.B. Sheets and Alice Edwards, 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 examinations of oil and gas properties, which said examination included a review of all available and relevant public records located in the offices of the Clerk of the County Commission of Lewis County, the Assessor of Lewis County, West Virginia, the Clerk of the Circuit Court of Lewis County, West Virginia, and the Tax Office of the Sheriff of Lewis County, West Virginia; b. hiring a professional land services company experienced with identifying and locating unknown and/or missing mineral owners to conduct research including genealogy research; obtain relevant public records located inside and outside of Lewis County, West Virginia, including surrounding West Virginia counties and counties in other States; and to research current contact information through internet research and otherwise for the Respondents/Defendants; and c. making inquiry of other owners of the oil and gas, and of known relatives of the Respondents/Defendants as to the identity and whereabouts of the Respondents/Defendants. It is therefore ORDERED that H.B. SHEETS, OR THE HEIRS, SUCCESSORS , AND ASSIGNS THEREOF, and ALICE EDWARDS, AND THE HEIRS, SUCCESSORS, AND ASSIGNS THEREOF, appear and serve upon Evan G. Conard, Esq., Bowles Rice LLP, counsel for HG Energy, whose address is 600 Quarrier Street, Post Office Box 1386, Charleston, West Virginia 25325-1386, 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 H.B. SHEETS , OR THE HEIRS, SUCCESSORS , AND ASSIGNS THEREOF, and ALICE EDWARDS, AND THE HEIRS, SUCCESSORS, AND ASSIGNS THEREOF, at anytime thereafter, thereby granting the relief requested by HG Energy in the Complaint. A copy of said Complaint can be obtained from the Office of the Clerk of the Circuit Court of Lewis County, West Virginia, Lewis County Courthouse Annex, 117 Court Avenue, Weston, West Virginia 26452. ENTERED by the Clerk of this Court on the 2nd day of July, 2021. BETH A. BURKHART CLERK OF THE CIRCUIT COURT OF LEWIS COUNTY, WEST VIRGINIA LH-113229 7-13,20,27;2021
