IN THE CIRCUIT COURT OF MARION COUNTY, WEST VIRGINIA
ROBERTA L. HAYHURST, Plaintiff,
CIVIL ACTION NO. 2015-C-272
JESSICA J. O’NEAL, her Heirs, personal representatives, and
assigns; JESSICA J. O’NEAL WOOD, her heirs, personal
representatives, and assigns; The heirs, personal representatives,
and assigns of LYNDA O’NEAL, deceased;
The unknown heirs, personal representatives,
and assigns of JESSICA J. O’NEAL, and JESSICA J. WOOD, Defendants.
ORDER OF PUBLICATION
The object of this civil action is to partition a parcel of real estate situate in the City of Fairmont, in what was formerly known as Barnesville, in Fairmont District, Marion County, West Virginia, beginning at a stake bearing S. 1° W. 97 feet from a stake in Naomi Street, the northwestern corner of Richmond Lot, and running thence parallel to Naomi Street, S. 89° E. 50 feet to a stake; thence S. 1° W. 63 feet to a stake; thence N. 89° W. 50 feet to a stake; and thence N. 1° E. 63 feet to the place of beginning; together with a right of way or easement for the purpose of ingress and egress to and from said lot and Naomi Street, over and across a strip of land 8 feet wide and 97 feet long along the western boundary of a lot now or formerly owned by Jessie M. Richmond and William Richmond. A map or plat of the real estate, showing the 8 foot outlet also conveyed, is of record in Deed Book No. 605, at page 177.
The plaintiff seeks allotment to the plaintiff should the Court determine that partition of the real estate cannot be conveniently made, or, in the alternative, that said real estate be partitioned among the owners thereof, if appropriate, or that the sale of said real estate be ordered, and the proceeds of such sale be distributed, according to the respective rights of those entitled, with or without appointing commissioners, as provided by Section 3, Article 4, Chapter 37 of the West Virginia Code, as amended, and other applicable laws of the State.
The above described real estate is the same real estate that was conveyed to Ward Toothman and Irene Marie Toothman, husband and wife, as joint tenants with right of survivorship, by Jessie M. Richmond and William R. Richmond, her husband, by deed dated January 7, 1959, of record in the office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 605, at page 175, and said 8 foot outlet was conveyed to the same parties by agreement dated January 29, 1959, of record in said Clerk’s office in Deed Book No. 606, at page 69. Ward Toothman died February 1, 1980, leaving Irene Marie Toothman as sole owner of said real estate. (Irene) Marie Toothman died April 20,1985, and by her last will and testament, duly admitted to probate, and of record in said Clerk’s office in Will Book 74, at page 1044 devised her real estate to Mark J. Smallwood, Stephen Smallwood, Paul M. Smallwood, Lynda O’Neal, Milo C. Milburn, Rachelle (Shelley) M. Harter, Harry Brian Toothman, and Roberta L. Hayhurst. By deed dated July 8,1985, of record in said Clerk’s office in Deed Book No. 863, at page 160, Mark J. Smallwood, Stephen Smallwood, Paul M. Smallwood, Milo C. Milburn, Rachelle (Shelley) M. Harter, and Harry Brian Toothman, and their respective spouses, conveyed their undivided 6/8 interest in said real estate to Roberta L. Hayhurst, the plaintiff herein, so that the plantiff is now the owner of an undivided 7/8 interest in said real estate.
An affidavit has been made and filed in this civil action stating the following:
Affiant believes that defendant Jessica J. O’Neal or Jessica J. O’Neal Wood, if living, is not a resident of the State of West Virginia, and her last known address was Bell County, Texas, but her present whereabouts are unknown.
Affiant believes that the heirs and personal representatives of Lynda O’Neal, deceased, are not residents of the State of West Virginia, are probably located in the State of Texas, but their present whereabouts are unknown.
There are or may be persons other than those named herein or in the complaint as defendants who are interested in the subject matter of this action, whose names are unknown to the plaintiff and/or affiant, and who are made defendants to this civil action by the general description of the parties unknown.
The purpose of this affidavit to require the Clerk of this Court to enter an Order of Publication against such named and unknown defendants pursuant to Rule 4(e)(1) of the West Virginia Rules of Civil Procedure, and other applicable rules and/or statutes as provided by the laws of this State.
Therefore, it is hereby ordered that the above named and unknown defendants herein and any party having an interest in the above styled civil action, serve upon J. Scott Tharp and John R. Funkhouser, attorneys for the plaintiff, at their address at P.O. Box 1509, Fairmont, West Virginia 26555, an answer or other defense to the complaint filed in this action on or before the 16th day of December, 2015; otherwise judgment by default will be taken against them.
A copy of the complaint may be obtained from the undersigned Clerk at her office in the Courthouse in Fairmont, Marion County, West Virginia.
Entered by the Clerk of the Circuit Clerk of Marion County, West Virginia, on the 10th day of November, 2015.
Rhonda L. Starn
Clerk of the Circuit Court of Marion County, West Virginia.
Times: November 16, 23, 2015