IN THE CIRCUIT COURT OF TYLER COUNTY, WEST VIRGINIA
JAY-BEE ROYALTY, LLC, a West Virginia Limited Liability Company,
Plaintiff,
Civil Action No. 25-C-6
-vs-
Judge C. Richard Wilson
AMENDED ORDER OF PUBLICATION
LINDA L. SPENCER, JASON C. SPENCER, JESSICA N. SPENCER PHILLIPS, JANICE LEE PATTERSON, BETSY L. PATTERSON, DENISE L. FOLDEN, BRIAN DENNIS SPENCER, BRENDA DENISE SPENCER WATKINS, SONDRA G. LATHROP, KYLE R. LATHROP TRUSTEE OF THE SONDRA G. LATHROP LIVING TRUST, ZACHARY S. UNDERWOOD, ANTOINETTE D. DELLAR, LAWRENCE A. UNDERWOOD, RICHARD S. UNDERWOOD, TROY S. UNDERWOOD, ROSEMARY D. UNDERWOOD, DeETTA E. BURRIS, BETSY R. FAULKNER,
DEBORAH LEE HANNAH, LEE ROY RITER II, ROSEMARY STILLSON, MATTHEW STILLSON, JAMES E. SHIFLETT, NICHOLAS R. STILLSON A/K/A NICK
STILLSON, ALICIA VANSICKEL, NABBE C. UNDERWOOD, JEONG TAK CHEONG, MYEONGOK CHEONG, MI SUK LEE, CHRISTOPHER M. STEIN,
PERLEY E. UNDERWOOD, HARVEY MICHAEL SPENCER, FRANCES R. HUEY AS GUARDIAN FOR HARVEY MICHAEL SPENCER, WESBANCO TRUST AND
INVESTMENT SERVICES AS TRUSTEE OF THE HARVEY MICHAEL SPENCER TRUST, MICHAEL S. YOKLIC, DEBORAH P. YOKLIC, MONNA D. YOKLIC, MAX M. YOKLIC, SIMON J. YOKLIC, MARTIN R. YOKLIC, WILLIAM GARRY JACKSON, EDWIN S. McINTYRE AS TRUSTEE OF THE McINTYRE FAMILY REVOCABLE LIVING TRUST, JOAN J. McINTYRE AS TRUSTEE OF THE McINTYRE FAMILY REVOCABLE LIVING TRUST, MARY A. SPENCER, and the remaining unknown heirs, devisees, successors, assigns and/or creditors of any of the above, including without limitation those not known to be alive, and all other unknown persons or
defendants, who own or claim to own an interest in and to the surface of that certain tract or parcel of real estate situate on the waters of Indian Creek, McElroy District, Tyler County, West Virginia, said to contain 257 acres, more or less,
Defendants.
AMENDED ORDER OF PUBLICATION
To: The above-named Defendants, their unknown heirs, devisees, successors,
assigns and/or creditors, if any.
The object of the above-entitled action and Plaintiff’s Amended Complaint For Declaratory Judgment And To Quiet Title And For Partition Of Surface In-Kind Or, In The Alternative, To Allot Part Of Surface And Sell Residue, Or, In The Alternative, For Partition Of Surface By Allotment Or Sale Of The Entirety (“Amended Complaint”) filed therein is to quiet title and to require the partition “in-kind” of the surface of that certain tract or parcel of land containing 257 acres, more or less, located on the waters of Indian Creek, in McElroy District, Tyler County, West Virginia, being further described below (the “Subject Surface Property”), pursuant to West Virginia Code § 37-4-1 et seq . More specifically, Plaintiff seeks an Order directing the Subject Surface Property to be partitioned “in-kind” and appointing a Special Commissioner to convey unto Plaintiff the interests of all the owner-Defendants in and to a lot, tract or parcel (within the Subject Surface Property) containing 22.1611 acres, more or less, and, additionally, a 20-foot-wide non-exclusive right-of-way (over, across and through the Subject Surface Property), as more particularly described in the Amended Complaint and as shown on a survey plat completed by James Bruce Davis, P. S. #796 appended as an Exhibit to the Amended Complaint.
In the event the Court may determine Plaintiff is not entitled to the said relief of partition “in-kind” for any reason, Plaintiff’s A mended Complaint seeks alternative relief as follows: In the (first) alternative, Plaintiff seeks an Order requiring allotment of the 22.1611 acre lot and non-exclusive 20-foot-wide right-of-way to Plaintiff and sale of the residue of the Subject Surface Property (or, if appropriate, allotment in-kind of the residue to the owners thereof as tenants-in-common). In the (second) alternative, Plaintiff seeks allotment of the entirety of the Subject Surface Property to Plaintiff. In the (third) alternative, Plaintiff seeks partition of the entirety of the Subject Surface Property by judicial sale, subject to any and all existing surface use agreements in favor of Plaintiff and/or Jay-Bee Oil & Gas, Inc. and/or any of their affiliates and/or any other agreements in any way relating to the Jay-Bee Oil & Gas, Inc. Big Moses Compressor Station. Incident to the foregoing, Plaintiff further seeks a declaratory judgment declaring all undivided surface ownership interests in the Subject Surface Property and, where unknown or upon information and belief, definitively determining the same and quieting title, and marshaling and determining any and all liens against said property or any owners.
The Subject Surface Property is described as follows:
The surface of the following described tract or parcel of real estate lying and being situate on the waters of Indian Creek, in McElroy District, Tyler County, West Virginia, bounded and described as follows:
Beginning at a white oak, S. 43 E. 66 po to Hickory N. 46 E. 206 po to stone N. 44 W. 31 po to a stone W 4 po to stone N. 72 W. 12 po to stone N. 5 W. 17 po to Buck Eye or Elm S. 58 W. 28 po to water Beech N. 78 W. 30 po to stone N. 31-1/2 W. 48 po to stone, S. 38 W. 25 po to stone, N. 41 W. 29 po to stone S. 78 W. 68 po to stone S. 60 W. 27 po to rock N. 41 W. 47 po to stone N. 25 W. 20 po to stone S. 45 W. 86 po to stone S. 45 E. 133 po to stone E. 45, N. 44 po to stone S. 45, E. 35 po to stone N. 45 E. 66 po to stone S. 15, E 64, to the place of beginning: Containing 257 acres, be the same more or less.
Further being the surface of the aforedescribed tract of land as shown on the tax maps for Tyler County, West Virginia, McElroy District as Tax Map No. 11, Parcel 46.
It appearing by Affidavit filed in this action that the whereabouts of some or all of the above named Defendants, and their unknown heirs, devisees, successors, assigns and/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 the above-described Subject Surface Property, whose names are unknown to Plaintiff, and who are made parties to the Amended Complaint filed in this action by the general description of unknown defendants, and the Plaintiff having made diligent but futile efforts to locate some or all of said Defendants; it is accordingly ORDERED that each of them do appear and serve upon William Crichton VI, Lawyer, whose address is 511 28 th Street, Vienna, West Virginia, 26105, an answer or other defense to the Amended Complaint filed in this action on or before the 12th day of January, 2026 , otherwise judgment by default will be taken against them at any time thereafter.
A copy of said Amended Complaint can be obtained from the undersigned Circuit Clerk at her office located at 230 Main Street, Middlebourne, WV 26149 in Middlebourne, Tyler County, West Virginia.
Entered by the said Clerk this 3rd day of December , 2025.
Teste:
s/Candy L. Warner
Clerk of said Court
By: Tamela R. Weekley , her Deputy
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