IN THE CIRCUIT COURT OF JEFFERSON COUNTY, WEST VIRGINIA
VIRGINIA S. WEBB, Individually and as Administratrix of the Estate of DAVID ARNOLD WEBB; HAROLD EVERETT WEBB; ARTHUR GLEN WEBB; KEITH WILLIAM WEBB; TIMOTHY CARL WEBB; SUSAN ELIZABETH SCUFCA; JUDITH LYNN WEBB; LARRY WILLIAM PEER; PATRICIA VIRGINIA McELVY; ROBERT LEE WEBB, JR.; DANIEL E. REEDY; STANLEY EUGENE WEBB; DEBORAH J. PANCAKE; KIMBERLY DAWN TURNER; STEPHEN D. SLUSHER; LARRY J. SLUSHER, JR.; GUY GARETH CHICCHIRICHI; GREGORY SCOTT CHICCHIRICHI; JEFFREY TODD CHICCHIRICHI; ROBERT J. CAIN; FRANKLIN ANTHONY HILL; TYRONE WAYNE HILL; JOHN MITCHELL HILL; MELISSA DAWN CASTLE; REBECCA LYNN MERCER; SHELTON DOUGLAS FIFE, JR.; MARGIE GAIL FIFE THOMAS; WILLIAM RANDOLPH FIFE; LINDA E. CAIN; KIMBERLY PALMER; CHERYL WILT; JUDITH ROBINSON MANUEL; KARLA KAY ROBINSON; VICKY LYNN ROBINSON CRUM; BRUCE KENNETH ROBINSON; DAVID ALLEN SOWERS; RUTH PATRICIA SOWERS; FRANKLIN MICHAEL MORGAN; DORANCE RENEE SPENCER; MARLA DIANE STAUBS; DARLA DEE BISHOFF; ROBIN LYNN CARPER; JOAN C. SMITH; CHARLES C. WEBB; CHARLOTTE LOUISE HIGGS WOODS; CAROL ESTHER HIGGS; KATHERINE LOUISE HATHAWAY MARTZ; ANDREW HATHAWAY; JOSHUA HATHAWAY; VERNON KENNETH WEBB, JR.; MARCIE ELAINE WEBB STICKLAND; RANDALL BLAINE WEBB;
Plaintiffs
vs. CIVIL ACTION NO: 16-C-63
PATRICIA WEBB, CONSTANCE WEBB AINSWORTH WILHIDE, RICHARD ADDISON WEBB, TODD ALLEN WEBB, HERBERT LESTER SLUSHER, CLIFTON ALFRED SLUSHER, DEBRA ANN ROBINSON HOLT, and their heirs, devisees, executors and/or administrators, successors and assigns, and any Unknown parties who may claim an interest in that parcel of real estate located in Harpers Ferry District, Jefferson County, West Virginia, known as 4 9/10 A., Wiltshire, Bussard, Tax Map 9, Parcel 0049 0000 0000
Defendants
ORDER OF PUBLICATION
The object of the above entitled action is to partition among the rightful owners thereof the following described parcel of real estate:
All that certain tract or parcel of real estate, with the improvements and appurtenances thereunto belonging, situate, lying and being in Harpers Ferry District, Jefferson County, West Virginia, and more particularly bounded and described as containing nineteen acres, two roods and thirty three poles (19 a., 2 r., 33 p.) as shown by the accompanying plat:
“Beginning at a stake in center of the road leading from the Tollgate to the Shenandoah River; corner to Mrs. Susan V. Henkle (fig. 1 on plat) thence S. 61° 15′ E. 57.6 poles to a stake corner (fig. 2) to John Bussard one acre lot; thence S. 28° 45′ W. 16.0 poles to a stake (fig. 3); thence S. 61° 15′ E. 10.0 poles to a stake (fig. 4); thence N. 28° 45′ E. 16 poles to a stake (fig. 5); thence S. 61° 15′ E. 83.5 poles to a stake and stone pile (fig. 6); in the Standard Lime and Stone Company’s line, thence S. 40° 15′ W. 23.27 poles to a stake now made a corner in the division between William H. Wiltshire and Charles S. Webb (fig. 7); thence by a new line N. 61° 15′ W. 146.05 poles to a stake in center of the aforesaid road; thence N. 28° 45′ E. 22.44 poles to the beginning, containing 19 acres, 2 roods and 33 poles, as shown by a plat of record in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 96, at Page 576.
LESS AND EXCEPTING THEREFROM HOWEVER the following outsales:
1) That certain tract containing 1 ½ acres conveyed to Emma Gertrude Buzzard, by deed dated the 21st day of February, 1910, and recorded in the aforesaid Clerk’s Office in Deed Book 104, at Page 45.
2) That certain tract of one-half acre, more or less, conveyed to Charles N. Trundle, by deed dated the 4th day of April, 1910, and recorded in the aforesaid Clerk’s Office in Deed Book 104, at Page 540.
3) That certain tract containing one acre conveyed to Humphrey E. Wiltshire, by deed dated the 14th day of April, 1913, and recorded in the aforesaid Clerk’s Office in Deed Book 109, at page 181.
4) That certain tract containing two acres, more or less, conveyed to S. D. Hardy, dated the 14th day of April, 1913, and recorded in the aforesaid Clerk’s Office in Deed Book 109, at Page 182.
5) That certain tract containing one acre, more or less, conveyed to O. L. Hoffman by deed dated the 23rd day of February, 1924, recorded in the aforesaid Clerk’s Office in Deed Book 124, at Page 150.
6) That certain tract containing 1½ acres, more or less, conveyed to Miller A. Webb, by deed dated the 19th day of January, 1937, and recorded in the aforesaid Clerk’s Office in Deed Book 145, at Page 119.
7) That certain tract containing 2.98 acres, more or less, conveyed to Kenneth W. Robinson, by deed dated the 15th day of May, 1937, and recorded in the aforesaid Clerk’s Office in Deed Book 146, at Page 223.
8) That certain tract containing 2.98 acres, more or less, conveyed to Elwood H. Robinson by deed dated the 15th day of May, 1937, recorded in the aforesaid Clerk’s Office in Deed Book 146, at Page 224.
9) That certain lot conveyed to Vernon E. Webb and Helen A. Webb, his wife, by deed dated the 26th day of October, 1945, and recorded in the aforesaid Clerk’s Office in Deed Book 163, at Page 450.
10) That certain building lot conveyed to Vernon Kenneth Webb and Helen A. Webb, his wife, by deed dated the 4th day of August, 1948, and recorded in the aforesaid Clerk’s Office in Deed Book 173, at Page 440.
11) The said Standard Lime and Cement Company, a Maryland Corporation, does further save and except that certain portion of said tract containing approximately 4.88 acres, more or less, unto themselves, which said tract is bounded as follows:
“Commencing at a point in the original line of Susan V. Henkle and Standard Lime and Cement Company, corner to the 1 ½ acre tract formerly conveyed to Bussard and of record in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 104, Page 45; thence with the Standard Lime and Cement Company line to the property line of Robinson; thence with Robinson’s line to a point in the original division line between Webb and Wiltshire (now owned by Standard Lime and Cement Company); thence with Standard Lime and Cement Company on said division linie to a point corner to the 1 ½ acre tract formerly conveyed to Bussard (now McCormick), thence with the Bussard-McCormick line to the point of beginning.”
AND BEING the same real estate conveyed to Charles S. Webb, from William H. Wiltshire and Mary Etta Wiltshire, his wife, and Charles S. Webb and Mary Etta Webb, his wife, by deed dated February 3, 1906, recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 96, at Page 576.
The property is now more accurately described as all that certain tract or parcel of real estate with the improvements thereon and the easements and appurtenances thereunto belonging, situate in the Harpers Ferry District, Jefferson County, West Virginia, containing 4.023 acres, more or less, as the same is more particularly bounded and described according to a plat of survey thereof dated August 25, 2015, prepared by Ed Johnson and Associates, Inc., and signed by Edward L. Johnson, Jr., P.S., entitled, “Plat of Resurvey, The Property of Charles S. Webb Estate, Deed Book 96 Page 576, Tax Map 9 Parcel 49″, which said plat is attached to this Complaint as Exhibit 1, and to which said plat reference is hereby made for a more complete and accurate description by metes and bounds of the parcel that is the subject of this proceeding.
To: Patricia Webb, Constance Webb Ainsworth Wilhide, Richard Addison Webb, Todd Allen Webb, Herbert Slusher, Clifton Slusher, Debra Ann Robinson Holt, and their heirs, devisees, executors and/or administrators, successors and assigns, and any Unknown parties who may claim an interest in that parcel of real estate located in Harpers Ferry District, Jefferson County, West Virginia, known as 4 9/10 A., Wiltshire, Bussard, Tax Map 9, Parcel 0049 0000 0000:
It appearing from the Affidavit filed in this action that there are unknown Defendants who may have an interest in this property which is the subject of this suit, whose identities and addresses are unknown to the Plaintiffs, it is hereby ordered that the unknown Defendants and the named Defendants herein and their heirs and devisees do serve upon John K. Dorsey, Plaintiff’s attorney, whose address is P.O. Box 42, Charles Town, West Virginia 25414, an answer, including any related counterclaim or defense that you may have to the complaint filed in this action, on or before May 16, 2016. If you fail to do so, thereafter, judgment upon proper hearing and trial, may be taken against you for the relief demanded in the Complaint.
A copy of this Complaint may be obtained from the undersigned Clerk at her office.
Entered by the Clerk of said Court on April 8, 2016.
LAURA STORM, CLERK
CIRCUIT COURT OF JEFFERSON COUNTY