IN THE CIRCUIT COURT OF WETZEL COUNTY, WEST VIRGINIA
MARION COUNTY COAL RESOURCES, INC.,
a Delaware corporation,
Plaintiff,
v. Cvil Action No. 2026-C-14
Judge: Jeffrey D. Cramer
STEPHEN DALE SHOWALTER, et al.,
Defendants.
ORDER OF PUBLICATION
TO:
STEPHEN DALE SHOWALTER,
KYLE PUTERBAUGH,
CHARLES E. KYLE, JR.,
TIMOTHY S. KYLE,
SANDRA J. BOICE,
JANET MCCARTY,
CHARLES EDWARD EDGELL,
THE UNKNOWN HEIRS, SUCCESSORS AND/OR
ASSIGNS OF LORAINE M. EDGELL, and
ANY AND ALL OTHER UNKNOWN HEIRS,
SUCCESSORS AND/OR ASSIGNS OF MARGARET
ALICE EDGELL, AND ALL OF THE UNKNOWN
HEIRS, SUCCESSORS AND/OR ASSIGNS
THEREOF.
The object of the Civil Action is to obtain an Order from
the Court, pursuant to West Virginia Code §§ 37-4-1 et
seq ., and 55-13-1 et seq. to (a) quiet title to and
partition a tract of land, located in Wetzel County, West
Virginia, containing approximately 197 acres, more or
less (the “Subject Tract”), owned in part by MCCR and
in part by the Defendants hereto; (b) have the whole of
the Subject Tract allotted to MCCR; and (c) have those
Defendants who own an interest or may own an interest
in the Subject Tract paid such sum of money as their
interest therein may entitle them; and any additional
requested relief, as is more particularly described in the
Complaint filed herein.
It appearing by Affidavit filed in this action that the
Plaintiff is contemporaneously herewith attempting to
obtain service of the Complaint upon Defendants,
Stephen Dale Showalter, Kyle Puterbaugh, Charles E.
Kyle, Jr., Timothy S. Kyle, Sandra J. Boice, Janet
McCarty, Charles Edward Edgell, the Unknown Heirs,
Successors, and/or Assigns of Loraine M. Edgell, and
any and all other Unknown Heirs, Successors, and/or
Assigns of Margaret Alice Edgell, by certified mail, and
that the 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 Stephen Dale Showalter,
Kyle Puterbaugh, Charles E. Kyle, Jr., Timothy S. Kyle,
Sandra J. Boice, Janet McCarty, Charles Edward
Edgell, the Unknown Heirs, Successors, and/or Assigns
of Loraine M. Edgell, and any and all other Unknown
Heirs, Successors, and/or Assigns of Margaret Alice
Edgell, appear and serve upon Ashlyn M. Dolly,
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 any such defendant 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 Wetzel County Circuit Court,
200 Main Street, New Martinsville, WV 26155.
ENTERED by the Clerk of this Court on the 1st day of
May, 2026.
Lori J. McCoy
CIRCUIT CLERK
Circuit Court of Wetzel County, WV
16661