NOTICE OF FILING
CC-48-2025-C-34
Judge: Charles Richard Wilson
IN THE CIRCUIT COURT OF TYLER COUNTY,
WEST VIRGINIA
CLOUD PEAK MINERALS, LLC, a Delaware limited
liability company v. MERCER MINERALS, LLC, a West Virginia limited liability company CC-48-2025-C-34
The following order case was FILED on 11/25/2025 12:08:45 PM
Notice Date: 11/25/2025 12:08:45 PM
Candy L. Warner
CLERK OF THE CIRCUIT COURT
Tyler County
121 Court Street, PO Box 8 MIDDLEBOURNE,
WV 26149
(304) 758-4811
FILED 11/25/2025 12:08 PM
CC-48-2025-C-34
Tyler County Circuit Clerk Candy L. Warner
IN THE CIRCUIT COURT OF TYLER COUNTY,
WESTVIRGINIA
CLOUD PEAK MINERALS, LLC,
a Delaware limited liability company,
Plaintiff, Civil Action No. 25-C-34
Judge Charles R. Wilson
v.
MERCER MINERALS, LLC, a
West Virginia limited liability company,
EVELYN CROSS, IDA MAE BONNER,
MARY JANE BOWMAN, ROY EUGENE DAWSON,
LISA KAY ISALY, and THE UNKNOWN HEIRS OF
THERMAN NOLAN,
Defendants.
ORDER OF PUBLICATION
TO:
MERCER MINERALS, LLC
EVELYN CROSS
IDA MAE BONNER
MARY JANE BOWMAN
ROY EUGENE DAWSON
LISA KAY ISALY
THE UNKNOWN HEIRS OF THERMAN NOLAN
There is now pending in the Circuit Court of Tyler County, West Virginia, the above-styled Civil Action in which Cloud Peak Minerals, LLC, a Delaware limited
liability company, with a principal office address of 150 N. Main Street, Suite 200, Sheridan, Wyoming 82801, is the Plaintiff, and Mercer Minerals, LLC, a West Virginia limited liability company, Evelyn Cross, Ida Mae Bonner, Mary Jane Bowman, Roy Eugene Dawson, Lisa
Kay Isaly, and The Unknown Heirs of Therman Nolan are the Defendants to be served by Publication.
The object of the above-entitled action is to quiet title and declare rights in and to part of that certain oil, gas and mineral estate located in Tyler County, West
Virginia, being more specifically described as underlying a surface tract of land containing 397.739 acres, more or less, located in Union District, Tyler County, West
Virginia, as is more particularly described in
the Complaint filed herein.
It appearing by Affidavit filed in this action that the Plaintiff is attempting to serve the Summons and
Complaint upon the Defendants at their last known
address, by certified mail and the West Virginia
Secretary of State, to the extent Plaintiff has any such information. Plaintiff has used due diligence pursuant to
Rule 4(e)(1)(C) of the West Virginia Rules of Civil
Procedure, to ascertain the addresses or whereabouts of the Defendants.
It is therefore ORDERED that MERCER MINERALS, LLC, EVELYN CROSS, IDA MAE BONNER, MARY JANE BOWMAN, ROY EUGENE DAWSON, LISA KAY ISALY, AND THE UNKNOWN HEIRS OF THERMAN NOLAN appear and serve
upon Michael C. Cardi, Bowles Rice LLP, counsel for Plaintiff, whose address is 125 Granville Square, Suite 400,
Morgantown, West Virginia, 26501, a response or
other defense to the Complaint heretofore filed in this action within 30 days after the date of first publication of this notice. Otherwise, the Court may render a judgment of default against Defendants
MERCER MINERALS, LLC, EVELYN CROSS, IDA
MAE BONNER, MARY JANE BOWMAN, ROY
EUGENE DAWSON, LISA KAY ISALY, AND
THE UNKNOWN HEIRS OF THERMAN
NOLAN at any time thereafter, thereby granting the
relief requested by Plaintiff in the Complaint.
A copy of said Complaint can be obtained from the Office of the Clerk of the Tyler County Circuit Court, 230 Main Street, Middlebourne, WV 26149.
25th ENTERED by the Clerk of this Court on the 25th day of November, 2025.
Cand. Of Warner
CLERK, CIRCUIT COURT OF TYLER COUNTY,
WEST VIRGINIA
Candy L. Warner
PREPARED AND SUBMITTED BY:
Michael C. Cardi (WVSB # 12228)
Ashlyn M. Ramsay (WVSB # 14287)
Bowles Rice LLP
125 Granville Square, Suite 400
Morgantown, West Virginia 26501
Phone: (304) 285-2500
Fax: (304) 285-2575
[email protected]
[email protected]
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