IN THE CIRCUIT COURT OF TYLER COUNTY, WEST VIRGINIA
JB EXPLORATION I, LLC , a West
Virginia Limited Liability Company,
Individually, Petitioner
CIVIL ACTION NO. 23-P-46
-vs- Hon. Jeffrey D. Cramer, Judge
CONNIE S. PASKO, KATHLEEN J. TENNANT, JOHN ARTHUR WILEY, CHARLES
LEE WILEY, RUSSELL ALLEN WILEY, JOYCE ANNE HAUGHT, WANDA M.
MOSSOR, GEORGE FRANCIS EASTHAM, WAYNE EUGENE EASTHAM, JR.,
RANDALL SCOTT EASTHAM, MINDY SUE DAMERON, APRIL DAWN SHIELDS,
LAURA LEE WILEY, MICHAEL ERIC CHAPMAN, BENJAMIN STANLEY
CHAPMAN, GLADYS E. CONLEY TRUST c/o JOHN D. GRAMPA TRUSTEE,
SANDRA DENEE SPENCER, ELIZABETH RENEE MARCHESE, ARCHIE J. WILEY,
ORPHA R. MCHENRY, FLOSSIE CHLOE THOMPSON, MINNIE GAY CARSON,
HARRIET PEARL BODE, RUSSELL STANLEY WILEY, CAROL RECTOR, ETHEL
BLANCHE BARKER, LAWRENCE W. BAKER, IRENE HAYTHORNE, ERNEST
BAKER, JUNE LEACHMAN, GERALDINE V. MORAN, DORIS GAY CUSTER,
DENNIS BRUNO BAKER, LANDORA F. BEVERLIN, MAHLIN C. BAKER, HILDA
JANE GRAY, GEORGE ARLINGTON BAKER, DAVID OSCAR BAKER, and the
remaining unknown heirs, devisees, successors, assigns and/or creditors of F. M.
Baker and/or of any of the above and all other unknown persons or Respondents, who
own or claim to own an interest in and to the oil and gas within and underlying that
certain tract or parcel of real estate situate on the waters of Grass Spring Run,
McElroy District, Tyler County, West Virginia, said to contain 33 acres, more or less,
Respondents.
ORDER OF PUBLICATION
To: The above-named Respondents, their unknown heirs, devisees, successors,
assigns or creditors, if any.
The object of the above-entitled action is for the appointment of a Special
Commissioner for the sale, execution and delivery of a lease of Respondents’
interests in and to the oil and gas underlying that certain tract or parcel of land
containing 33 acres, more or less, located on the waters of Grass Spring Run in
McElroy District, Tyler County, West Virginia , being hereinafter further described
(“Subject Oil and Gas Property”), pursuant to West Virginia Code ยง55-12A-1 et seq .
(Potential Legal Description)
Bounded on the West by the lands of F. M. Baker; S.W. by the lands of Andrew
Matthews, N.E. by Thomas McCormick, and S.E. by Margaret A. Wright.
Bounds (Now or Formerly)
North: WSD Properties LLC
East: WSD Properties LLC
South: Jeffrey A. Davis
West: Jeffrey A. Davis
Further being all of the oil, gas and minerals underlying the aforedescribed tract of
land as shown on the tax maps for Tyler County, McElroy District as Tax Map No.
7, Parcel 47 .
Incident to such relief, the above-entitled action also seeks judicial declarations
regarding the ownership and a definitive legal description for the Subject Oil and Gas
Property.
It appearing by affidavit filed in this action that the whereabouts of some or all of the
above named Respondents, and their unknown heirs, devisees, successors, assigns
or creditors, if any, are unknown and/or that such individuals or entities are
nonresidents of the State of West Virginia; that there are or may be persons other
than those named above who are interested in such oil, gas and minerals, whose
names are unknown to Petitioner, and who are made parties to the Verified Petition
filed in this action by the general description of unknown Respondents, and the
Petitioner having made diligent but futile efforts to locate some or all of said
Respondents; it is accordingly ORDERED that each of them do appear and serve
upon William Crichton VI, Lawyer, whose address is 511 28th Street, Vienna, West
Virginia 26105, an answer or other defense to the Petition filed in this action on or
before the 1st day of February, 2024 , otherwise judgment by default will be taken
against them at any time thereafter.
A copy of said Verified Petition can be obtained from the undersigned Clerk at her
office located in Middlebourne, Tyler County, West Virginia.
The names of the Petitioner and the Respondents, as they are known to be by the
exercise of reasonable diligence by the Petitioner, are as set forth in the caption of
this civil action. The last known address for Petitioner JB Exploration I, LLC is 429
Simonton Road, Ellenboro, WV 26346.
The last recorded instrument believed to pertain to the subject mineral interest at
issue is that certain Deed dated September 10, 1886, wherein David Flinn conveyed
“all his right, title & interest to a certain tract or parcel of land conveyed by Christopher
Sees Sr. to Ingobee Right & situated on Grass Spring run a branch of Indian Creek in
the county & state aforesaid & bounded on the west by the lands of F.M. Baker, S.W.
by the lands of Andrew Matthews N.E. by Thos McCormick & S.E. by Margaret A.
[W]right ” to Francis M. Baker, without reservation. (Tyler County Clerk’s Office Deed
Book 29, Page 317).
The source of title of the last known owners of the mineral interest is the Deed
referenced in the preceding paragraph.
The action is brought for the purpose of authorizing the execution and delivery of a
valid and present mineral lease for the development of the particular minerals
described in the Petition, and thereafter, in the case of any Respondent or successor,
assign or creditor of any Respondent who does not appear to claim ownership of the
Respondent’s interest within seven years after the date of the lease, for the Court to
order conveyance of the Respondent’s mineral interest subject to the lease, to the
owner of the surface overlying the subject mineral interest.
Entered by the said Clerk this 11th day of December, 2023.
Teste:
s/Candy L. Warner
Clerk of said Court
Crichton + Crichton, LC
TSN 12/20 12/27 1/3 4994