IN THE CIRCUIT COURT OF JACKSON COUNTY, WEST VIRGINIA GLENN S. HARPOLD and KELLY J. HARPOLD TRUST Dated February 1, 2022, By and through Glenn S. Harpold and Kelly J. Harpold, Trustees, Plaintiff, v. HEIRS of S.D. HARPOLD; HEIRS of WILLARD HARPOLD; HEIRS of URIAH HARPOLD; and HEIRS of HERBERT HARPOLD, Each all now Deceased. Defendants. Civil Action No. 26-C-40 Judge Lora Dyer ORDER OF PUBLICATION The object of the above-entitled action is for the Court to establish and determine by decree: I. This action/lawsuit seeks to quiet title and/or seeks to remove cloud from the title relating to the SECOND TRACT and the THIRD TRACT of real estate conveyed to the GLENN S. HARPOLD and KELLY J. HARPOLD TRUST DATED FEBRUARY 1, 2022, by and through Glenn S. Harpold and Kelly J. Harpold, by a conveyance by deed dated February 9, 2022, from Glenn S. Harpold to said Trust which is of record in the Office of the Clerk of the Jackson County Commission in Deed Book 540, at page 958. That is, the cloud on the Plaintiff’s title is that the subject tracts of real estate (the SECOND TRACT and the THIRD TRACT), as the plaintiff is informed and believes, are both assessed on the records of the Jackson County Assessor as being owned by not just the Glenn S. Harpold and Kelly J. Harpold Trust. More precisely, on the intra-office/quasi-non-public records of the Jackson County Assessor, the reference to these tracts suggest that they are also owned by the following: Heirs of S.D. Harpold; Heirs of Willard Harpold; Heirs of Uriah Harpold; and/or Heirs of Herbert Harpold. II. In the Order Granting Plaintiff’s Motion for Default Judgment Action to Remove Cloud on Title to Real Estate, entered on March 13, 2025, in Jackson County Circuit Court Case No. CC- 18-2024-C-90, GLENN S. HARPOLD and KELLY J. HARPOLD TRUST Dated February 1, 2022, Glenn S. Harpold, Trustee, Kelly J. Harpold, Trustee, Plaintiff, v. HEIRS OF MARY E, HARPOLD, Defendants, the Jackson County Circuit Court, The Honorable Lora Dyer, determined that, with respect to the 26-acre tract known in the above-referenced deed (Deed Book 540, at page 958) as “FIRST TRACT,” the Plaintiff was adjudicated to be “the sole owner of the entirety of the real property which is was the subject of this that action.” III. The subject SECOND TRACT and subject THIRD TRACT which were also conveyed in 2022 by said deed (Deed Book 540, at page 958); and which tracts are the subjects of the instant quiet-title suit/removal-of-cloud-on-title action, are described as follows: A. SECOND TRACT: On the waters of Elk Fork of Mill Creek, bounded and described as follows: BEGINNING at a spruce pine tree on the south bank of Elk Fork; thence down said Creek N. 24-1/2 W. 34 poles to a stone corner; thence N. 42 W. 20 poles to a stone and pointers; thence N. 89 W. 30 poles to a stone near the corner of the fence; thence S. 13 E. 64 poles to a stone corner to the Cornelia Johns Est.; thence S. 27 E. 50 poles to a stone also corner to S. Harpold; thence N. 35 E. 70 poles to a stone in the bed of the creek; thence N. 72 W. 19.5 poles to the place of beginning, containing 27-3/10 acres, be the same more or less. The real estate described herein as SECOND TRACT is also the same real estate conveyed by Robert M. Harpold to Glenn S. Harpold (as Second Tract), by deed dated December 30, 2003, and of record in the Office of the Clerk of the Jackson County Commission in Deed Book 370, at page 895. (SECOND TRACT is also the same real estate which was well earlier conveyed unto S.D. Harpold by J. A. Harpold and Mollie Harpold, his wife, by a deed dated January 19, 1916, of record in said Clerk’s office in Deed Book No. 92, at page 200.) B. THIRD TRACT: BEGINNING at a stone and corner to lands of S.D. and J. A. Harpold and J. M. Staats, on the south side of the creek; thence S. 8-1/2 E. 64 poles to a stone on the hill; thence S. 88-1/2 E. 10 poles to a stone; thence N. 8- 1⁄2 W. 64 poles to the south side of the creek; thence N. 88-1/2 W. 10 poles to the beginning, containing about 4 acres of lands assigned to M. C. Archer and Myrtle Archer. There is also conveyed all of the oil, gas and other minerals in and underlying one acre of the above-described tract of land, and being one acre off of and from the extreme south and of the above-described tract of land and bounded as follows: BEGINNING at a stone on the hill side at the extreme southwest corner of the above-described tract of land; thence S. 88-1/2 E. 10 poles to a stone; thence N. 8-1/2 E. 16 poles to the beginning. The real estate described herein as THIRD TRACT is the same real estate conveyed by Robert M. Harpold to Glenn S. Harpold in that above-recited December 30, 2003, deed. (THIRD TRACT is also the same real estate which was conveyed unto Uriah Harpold, Herbert Harpold and Willard Harpold, by M. C. Archer and Myrtle Archie, his wife, by deed dated November 22, 1929, of record in the aforesaid Clerk’s office in Deed Book 107 at page 557.) IV. The Plaintiff owns the full title to the entireties of the SECOND TRACT and of the THIRD TRACT, the real property which is the subject of this action. As recited above, the Plaintiff acquired its title to the real estate from GLENN S. HARPOLD by deed dated February 9, 2022, and of record in said Clerk’s Office in Deed Book 540, at page 958. V. The Plaintiff perceives that a cloud may still exist on its title to the above-referenced two remaining tracts of real estate. That is, that cloud apparently continuing to exist on the Plaintiff’s title can be stated as follows: the Heirs of S.D. Harpold; Willard Harpold; Uriah Harpold; and/or Herbert Harpold were until recent months (and, in particular, were, until after the entry of the Order recited above in paragraph number 3 of this Complaint) still shown on the intra-office records of the Assessor of Jackson County, West Virginia, as being secondary co-owners of the subject property. Neither the Heirs of S.D. Harpold; the Heirs of Willard Harpold; the Heirs of Uriah Harpold; and/or the Heirs of Herbert Harpold nor any of the heirs of those heirs have any interest in the subject property. The particular error remained of record for decades; and the Plaintiff perceives that certain planned transactions could be imperiled, or at least be substantially delayed, if this correction is not completed in a timely fashion, inasmuch as the anomaly might be reasonably interpreted as inferring that the Plaintiff in this action owns less that the full/100% interest in the subject property. VI. The title history includes the following: a. Mary E. Harpold died September 9, 1914. No death certificate was recorded for Mary E. Harpold by the State of West Virginia at the time of her death. (The Plaintiff herein petitioned the County Commission of Jackson County, West Virginia for a finding of death, which petition was granted by Order of June 26, 2024. No appeal was taken from the Order. In turn, following the entry of that Order, pursuant to an Order of the Jackson County Commission, a death certificate was issued by the West Virginia Department of Health and Human Resources (now Department of Health). b. Mary E. Harpold died intestate, as a resident of Jackson County, West Virginia; and was survived by Uriah Harpold, Herbert Harpold and Willard Harpold, her sons and sole heirs at law. C. Samuel David Harpold, surviving spouse of Mary E. Harpold, died intestate on March 7, 1928, a resident of Kanawha County, West Virginia; and was survived by Uriah Harpold, Herbert Harpold and Willard Harpold, his sons and sole heirs at law. d. Uriah Harpold died intestate on April 3, 1965, a resident of Kanawha County, West Virginia, without issue, survived by his wife, Rosa Harpold, his sole hair at law. e. Herbert Harpold, died intestate on February 18, 1963, a resident of Kanawha County, West Virginia, without issue, survived by his wife, Daisy D. Harpold, his wife and sole heir at law. f. Daisy Harpold, died intestate on December 5, 1982, a resident of Kanawha County, West Virginia, without issue, survived by her daughter, Iva L. Nelson, her daughter and sole heir at law. g. Willard Harpold died testate on May 25, 1981, a resident of Kanawha County, West Virginia, and by his Will dated July 5, 1956, of record in the Kanawha County Will Book 348, at page 775, devised his interest in his real estate in Jackson County, West Virginia, unto his son, Robert M. Harpold, h. Rosa Harpold, died testate a resident of Kanawha County, West Virginia, and by her Will dated August 19, 1971, of record in the Office of the Clerk for the County Commission of Kanawha County in Will Book 703 at page 130, devised all of her undivided right, title and interest in and to real estate which is the subject of this action to Robert Harpold, Charles Harpold, and Narvelle Harpold Battorn, a/k/a Narvella Batman. i. Iva L. Nelson, aka Iva Lee Nelson, died testate a resident of Kanawha County, West Virginia, and by her Will dated October 28, 1974, recorded in the Kanawha County Clerk’s office at Will Book 667, at page 515, devised all her interest in and to the subject property to her children John W. Nelson, Jr., Herbert S. Nelson and Kathy Lee Nelson, now Hess. VII. The two properties which are the narrower subjects of this action (SECOND TRACT and THIRD TRACT) are assessed on the books of the Assessor of Jackson County, West Virginia as Washington District, Tax Map 18, Parcel 43 (described on that tax plat as 22.3 AC; ELK FORK); and Washington District, Tax Map 18, Parcel 42 (described on that tax plat as 5 AC; ELK FORK), respectively. VIII. By deed dated January 20, 2003, and recorded in the Jackson County Clerk’s office at Deed Book 370, at page 890, Robert M. Harpold claims that he accomplished a unified ownership of the subject real estate from Narvella Harpold Batman, John W. Nelson, Jr., Herbert S. Nelson, Kathy Lee Nelson Hess and Charles Harpold with the conveyance by those parties of all their undivided right, title, and interest in and to the same. IX. The records of the Jackson County Assessor, which until recent months still erroneously listed S.D. Harpold; Willard Harpold; Uriah Harpold; and/or Herbert Harpold as co-owners of the subject properties (Tract Two and Tract Three), thereby misstates/misstated the identity of the owner of the property and constitutes/constituted a cloud on the Trust’s title to the property. The Plaintiff asserts that such cloud should be removed by the entry by the Court of an Order to that effect, namely, which, among other things, directs the Jackson County Assessor to identify such tracts as being owned by: Glenn S. Harpold and Kelly J. Harpold Trust without any other additional and/or footnote disclosures. Prayer of the Plaintiff: 1. The plaintiff trust asks that it be declared the sole owner of all interest in the tract discussed above. 2. That the plaintiff be awarded such other and general relief as the Court deems appropriate. 3. That a Guardian Ad Litem be appointed to protect the interests of any defendant Heirs of Williard Harpold; any defendant Heirs of Uriah Harpold; and any Heirs Herbert Harpold who may be under a legal disability. It is therefore ORDERED that the Defendants named in this Order serve upon David R. Karr, Jr., the Plaintiff’s attorney, whose address is Post Office Box 1283, Charleston, WV 25325, an answer of other defense to the Complaint filed in this action on or before May 15, 2026, otherwise judgment by default will be taken against you at any time thereafter. Entered by the Judge or Clerk of said Court on March 31, 2026: The Honorable Lora Dyer
KARR LAW OFFICE
PO BOX 1283
CHARLESTON
WV
25325
304-345-3202
ID: 1504434