IN THE CIRCUIT COURT OF TYLER COUNTY, WEST VIRGINIA
JB EXPLORATION I, LLC, a West Virginia
Limited Liability Company,

Plaintiff,
-VS- CIVIL ACTION NO. 16-P-19

JOANNE SMITH, et al, Hon. Jeffrey D. Cramer, Judge

Defendants.

NOTICE OF HEARING

RE: The surface ownership of Lots, Tracts or Parcels of Real Estate situate on
the Waters of Muddy Creek in Ellsworth District, Tyler County, West Virginia,
identified as Ellsworth District Tax Map 17, Parcel 56, containing 49.64375
acres, more or less (sometimes described as containing 49.8125 acres), and
Ellsworth District Tax Map 16, Parcel 34, containing 15 acres, more or less,
such Lots, Tracts or Parcels being the subject of the above captioned Civil
Action (“the Subject Property”).

TO: Betty Morehead, Apparent Surface Owner (or her heirs, successors or
assigns)Any other person or entity claiming ownership of the Subject Property
JB Exploration I, LLC, a West Virginia Limited Liability Company, c/o
William Crichton VI, its counsel Kim G. Farha, Esq., Counsel for WVDEP

Please take notice that you are receiving this Notice in accordance with West Virginia
Code Section 55-12A-7 because real estate records in the Tyler County Courthouse
show, or suggest, that you are the apparent surface owner(s) of the Subject Property
and may (1) be entitled to receive money held by the General Receiver of the Circuit
Court of Tyler County, West Virginia, and additional funds held in suspense by
Plaintiff, and/or; (2) be entitled to have certain mineral interests in the Subject
Property legally transferred and deeded to you, upon your presentation of sufficient
proof of ownership of the surface of the Subject Property.

Be advised that:
(1) You will be added as a party(ies) to the above referenced Civil Action No.
16-P-19 and have the opportunity to appear at a hearing for you to present proof of
ownership of a fee interest in the surface estate of the Subject Property.
(2) The Court’s preferred proof of ownership is a written opinion of real estate title of
a West Virginia licensed attorney, and/or an attorney’s testimony at the hearing.
(3) The hearing for presentation of proof of title shall be held on August 4, 2026, at
11:00 a.m. at the Tyler County Judicial Building, 228 Main Street, Middlebourne, West
Virginia, at which time you and your attorney should be present.
(4) Upon a finding by the Court that you are in fact the owner(s) of all or part of the
fee surface estate in the Subject Property, you will be conveyed, by a Special
Commissioner’s deed, an interest in the oil and gas within and underlying the Subject
Property held by those missing, unknown or abandoning owners, whose interests in
the same remain unclaimed, subject to a “Special Commissioner Lease” of oil and
gas interests in the Subject Property, dated January 5, 2017, from Frederick M. Dean
Rohrig, as Special Commissioner, to JB Exploration I, LLC, a Memorandum of which
is of record in the Office of the Clerk of the Tyler County Commission in Book 558, at
page 117.
(5) Upon a finding by the Court that you are in fact the owner(s) of all or part of the
fee surface estate in the Subject Property, after the date of the Special
Commissioner’s deed, the surface owner grantee(s) shall be entitled to receive
proceeds under the said Special Commissioner Lease.
(6) Further, upon a finding by the Court that you are in fact the owner(s) of all or
part of the fee surface estate in the Subject Property, you may be entitled to a
payment from the General Receiver of the Circuit Court of Tyler County, West Virginia
of all, or a portion of those funds which have accrued to the remaining missing,
unknown or abandoning owners under the said Special Commissioner Lease, after
payment of allowable fees, expenses and court costs, including Special
Commissioner’s fees and costs.

This Notice is given by the undersigned Special Commissioner in accordance with an
Administrative Order Appointing Special Commissioners entered in the Circuit Courts
of Marshall, Wetzel and Tyler Counties, West Virginia, on or about March 11, 2024.

You, or your counsel, may contact the undersigned Special Commissioner by email at
[email protected], or by telephone at 304-771-2860.
Frederick M. Dean Rohrig
Special Commissioner

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