Legal Notices – April 29, 2021

Notice by 

Publication

To Nancy Anderson Lapp (last known address 1946 Piney Hill Run RU, Wake Forest NC 27587), and Sarah L. Lapp, Dwight B. Lapp, Odessa M. Workman, Estella Lapp, Mary Ellen Lapp aka Mary Ellen Tolerton, Thomas Matthew Clark Neff aka T.M.C. Neff, George Delbert Workman, Margaret Scott, Ken Workman, Mary Clarice Luther, Betty Jean Wiltz, Judy Beth Barton, Mary Bell Rutledge, Mary Mahala Rutledge, Minnie E. Rankin, Evelyn Rankin, Marcella Gertrude Rankin, Lula N. More aka Lulu N. Moore, Ruth Osbun, Eric Weber (last known address 2931 Encino Riv, San Antonio, TX 78259), and G.W. Neff aka George William Neff (last known address unknown) along with unknown heirs, devisees, executors, administrators, relicts, next of kin, successors, and assigns, if any, whose identities and addresses are also unknown; you are hereby notified that you have been named as a defendant in a legal action entitled Klotzle Mineral Holdings, LLC v. Sarah L. Lapp, et al. This action has been assigned case number CVG 2020-455 and is pending before Judge Julie R. Selmon in the Court of Common Pleas of Monroe County, Ohio at 202 N. Main Street, Room 33, Woodsfield, Ohio 43793.

The object of Plaintiff’s complaint is to obtain a court order quieting title in the name of Klotzle Mineral Holdings, LLC as to the oil, natural gas, minerals and royalty associated with Monroe County Auditor’s Parcel Nos. 09-016009.0000 and 09-025006.0000. Plaintiff’s Complaint identifies you as having a potential interest in the royalty rights associated with the oil and gas underlying there parcels.

You are required to answer the Complaint with 28 days after the last publication of this notice, which will be published once each week for six successive weeks. The last publication will be made April 29, 2021 and the 28 days for answer will commence on that date.

If you fail to answer or otherwise respond as permitted by the Ohio Rules of Civil Procedure within the time stated, judgment will be entered granting the relief requested in the Complaint.

Dated: March 15, 2021

Respectfully submitted,

CRITCHFIELD, CRITCHFIELD & JOHNSTON, LTD.

By: Andrew P. Lycans (S.Ct. #0077230)

225 North Market Street, P.O. Box 599

Wooster, OH 44691

Phone: 330-264-4444; Fax: 330-263-9278

Email: lycans@ccj.com

Attorney for Plaintiff

March 25, April 1, 8, 15, 22, 29, 2021

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NOTICE BY 

PUBLICATION

TO: IDA NEALE, FORMERLY KNOWN AS IDA WEISEND, AND A. HOWARD NEALE, HER HUSBAND AND JOHN DOE OR JANE DOE, NAMES AND RESIDENCE ADDRESSES ALL UNKNOWN, THEIR UNKNOWN SPOUSES, ESTATE FIDUCIARIES, HEIRS, SUCCESSORS AND ASSIGNEES, IF ANY, AND EDMUND WEISEND, ALSO KNOWN AS EDMUND S. WEISEND AND EDMUND L. WEISEND DECEASED, AND HIS WIFE, HELEN G. MIDAY, FORMERLY KNOWN AS HELEN G. WEISEND, DECEASED AND JOHN DOE OR JANE DOE, NAMES AND RESIDENCE ADDRESSES ALL UNKNOWN, THEIR UNKNOWN SPOUSES, ESTATE FIDUCIARIES, HEIRS, SUCCESSORS AND ASSIGNEES, IF ANY, AS THE HEIRS SUCCESSORS AND ASSIGNEES OF PAULINA WEISEND, ALSO KNOWN AS PAULINE WEISEND, BELIEVED TO BE DECEASED, AS THE SURVIVING SPOUSE OF ANTON WEISEND, ALSO KNOWN AS ANDREW WEISEND, DECEASED, DOD 1/01/1904, PROBATE COURT OF MONROE COUNTY, OHIO CASE NO.94W (1904).

You are hereby notified Defendant & Third-Party Plaintiff C.G.O., Inc. (hereinafter “TPP”) filed against you on March 23, 2020 its Second Amended Counterclaim and Second Amended Third-Party Complaint (hereinafter the “Pleading”) in Case No. CVH 2018-352 in the Monroe County Court of Common Pleas, General Division located  in the Monroe County Courthouse, 101 N. Main Street, Woodsfield, OH 43793.

The Pleading’s object and demand for relief, pertinent to you, is the Third Claim for Relief. The Third Claim for Relief of the Pleading is a declaratory judgment under R.C. 2721. 03 to have the Court declare the parties’ rights and responsibilities under the Oil and Gas Lease from Magdalena Ackerman and John Ackerman, her husband, Lessor, to Miles Burns, Lessee, dated December 10, 1942, filed for record July 15, 1946 and recorded in Volume 92, Page 315 of the Monroe County Lease Records (hereinafter the “Lease”) by reason of the lessee’s continuous production of oil and/or gas from well(s) thereon in paying quantities.

You are joined as a party to this action because you have or may have an interest in the oil & gas mineral estate which is subject to said lease under the Warranty Deed from Anton Weisend and Pauline Weisend, his wife, to William J. Weber (hereinafter the “Weisend Deed”) dated April 1, 1903, filed for record April 1, 1903 and recorded in Volume 61, Page 640 of the Monroe County Record of Deeds, the Grantors Anton Weisend and Pauline Weisend, his wife, reserved for themselves and their heirs, “the [undivided] one-half of the royalty oil and gas in the under said premises.”

In addition, TPP demands on all Claims for Relief an award of its court costs, an amount for its reasonable attorney fees, and any other relief the Court deems necessary or proper.

You are further notified that you are required to Answer the pleading within twenty-eight (28) days after the final publication of this Notice, which shall be published once a week for six (6) successive weeks, or a default judgment shall be entered against you. Your Answer is to be served upon TPP’s attorney’s: Michael P. McCormick, Esq., and Kyle W. Bickford, Esq. whose address is 46457 National Road West, St. Clairsville, OH 43950.

This Notice shall be served for six consecutive weeks in the Monroe County Beacon newspaper. 

March 25, April 1, 8, 15, 22, 29, 2021

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NOTICE BY 

PUBLICATION

To the Defendants: RONALD J. FREDAY, SCOTT C. BIERIE, THE UNKNOWN HEIRS, DEVIEES, ADMINISTRATORS, NEXT OF KIN, EXECUTORS, RELICTS, UNKNOWN GUARDIANS OF MINOR AND/OR INCOMPETENT HEIRS, SUCCESSORS, OR ASSIGNS OF CHARLES B. WEBB AKA C.C. WEBB, AND BELLE C. WEBB, AKA BELLE WEBB 

IN THE COURT OF COMMON PLEAS MONROE COUNTY, OHIO 101 N. MAIN ST., ROOM 33, WOODSFIELD, OHIO 43793

GREGORY A. GOBLE, ET AL., Plaintiffs, v. CNX GAS COMPANY LLC, and UNKNOWN HEIRS, DEVISEES, ADMINISTRATORS, NEXT OF KIN, EXECUTORS, RELICTS, UNKNOWN GUARDIANS OF MINOR AND/OR INCOMPETENT HEIRS, SUCCESSORS, OR ASSIGNS OF CHARLES C. WEBB, AKA C.C. WEBB, AND BELLE C. WEBB AKA BELLE WEBB, ET AL. Defendants.

COMPLAINT FOR DECLARATORY JUDGEMENT BREACH OF CONTRACT, AND OTHER RELIEF CASE NO: 2020-414 JUDGE JULIE R. SELMON

Plaintiffs have brought this action naming you as Defendants in the above-named Court by filing their Complaint on the 21st day of October, 2020. 

The object of the Complaint is to declare the Plaintiffs as owners of the oil and gas rights underlying certain real property totaling approximately 115.891 acres located in Section 16 of Switzerland Township, Monroe County, Ohio, which is now identified as part of Monroe County Auditor’s Parcel No. 28-017003.000 (“Property”). The Property is more fully described in Volume 85, Page 174 of the Deed Records of Monroe County, Ohio. 

Plaintiffs, Gregory A. Goble and Brenda S. Goble, hereby give you notice that they are asking the Court to declare them to be the record owners of all of the oil and gas underlying the Property. Plaintiffs are the record owners of the surface of the Property and claim to be the owners of the oil and gas mineral rights underlying the surface of the Property, including one-half of oil and gas mineral rights (“1/2 Mineral Interest”) that were reserved by C.C. Webb and Belle C. Webb in the Warranty Deed dated August 17, 1914 and recorded on April 30, 1917 in Volume 85, Page 174 of the Deed Records of Monroe County, Ohio (“1914 Warranty Deed”). 

The Complaint alleges that the reservation contained in the 1914 Warranty Deed does not contain words of inheritance or perpetuity. Therefore, only a life estate was created in the 1/2 Mineral Interest reserved in the 1914 Warranty Deed. This life estate terminated upon the death of C.C. Webb and Belle C. Webb. The Complaint also alleges a breach of contract by CNX Gas, LLC. 

The Compliant requests that the Court declare that the Plaintiffs are the owners of all of the oil and gas minerals underlying the Property. The Compliant also requests that the Court quiet title to all of the oil and gas minerals underlying the Property in the favor of the Plaintiffs and requests that the Court award compensatory damages be paid to the Plaintiffs by CNX Gas, LLC. 

You are required to answer or otherwise respond to the Compliant within 28 days after the last publication of this notice, which will be published once each week for six consecutive weeks. The last publication will be made on the 13th day of May, 2021. 

In the event you fail to answer or otherwise plead as permitted by the Ohio Rules of Civil Procedure within the time stated, judgment by default will be rendered against you for the relief prayed for in the Compliant. 

Plaintiffs’ attorney is Cody Smith, One Easton Oval, Suite 550, Columbus, Ohio 43219, (614)414-0888, csmith@ewjjlaw.com.

Beth Ann Rose

Clerk of the Court of Common Pleas

Monroe County, Ohio

Monroe County Courthouse

101 N. Main St. Room 26

Woodsfield, Ohio 43793

April 8, 15, 22, 29, 

May 6, 13, 2021

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NOTICE BY

 PUBLICATION 

To John DeBolt, Ida I. DeBolt, John Strauch, C.E. Strauch, Alvin R. Strauch, Emma Fankhauser, Adella E. Strauch, and Alan W. Fankhauser, addresses unknown, along with their unknown heirs, successors, devisees, executors, administators, relicts, next of kin, and assigns, if any, whose identities and addresses are also unknown; you are hereby notified that you have been named as a defendant in a legal action entitled Jeremy Larrison, et al. v. John Debolt, et al. This action has been assigned case number 2021-109 and is pending before Judge Julie R. Selmon in the Court of Common Pleas of Monroe County, Ohio at 101 N. Main St., Woodsfield, OH 43793. The object of Plaintiffs’ complaint is to obtain court declarations regarding the validity of certain reservations of oil and gas interests and royalty interests and to obtain a court order quieting title to certain oil and gas interests and royalty interests in the name of the Plaintiffs. You are required to answer the Complaint within 28 days after the last publication of this notice, which will be published once each week for six successive weeks. The last publication will be made May 27, 2021 and the 28 days for the answer will commence on that date. If you fail to answer or otherwise respond as permitted by the Ohio Rules of Civil Procedure within the time stated, judgment will be entered granting the relief requested in the Complaint. 

Dated: April 13, 2021

Respectfully submitted, ROETZEL & ANDRESS, LPA

J. Benjamin Fraifogl (0088412) 

bfraifogl@ralaw.com 

Jeremy D. Martin (0098878) 

jmartin@ralaw.com

222 South Main Street, Suite 400 Akron, OH 44308

Telephone: 330.376.2700

Attorneys of Plantiffs

April 22, 29, May 6, 13, 20, 27, 2021

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LEGAL NOTICE

OHIO DEPARTMENT 

OF NATURAL

 RESOURCES

DIVISION OF 

OIL AND GAS

RESOURCES 

MANAGEMENT

RE:  APPLICATION FOR UNITIZATION

HERRICK C WEST UNIT MONROE 

COUNTY, OHIO

NOTICE BY

 PUBLICATION

Applicant Eclipse Resources I, LP (“Eclipse”) hereby gives notice that the Ohio Department of Natural Resources, Division of Oil and Gas Resources Management (the “Division”), has scheduled a hearing pursuant to Revised Code Section 1509.28 concerning Eclipse’s Herrick C West Unit to occur on Wednesday, June 2, 2021 at 9:30 a.m. The hearing will be held via video conference, as set forth below. Eclipse seeks to obtain an Order for Unit Operation from the Chief of the Division as to the Utica/Point Pleasant Formation covering the Herrick C West Unit area.  This proposed unit area includes lands in Sections 2, 3, 9, 10, and 16, Township 2N, Range 4W, Lee Township, Monroe County, Ohio. The surface location for the Herrick C West Unit will be located in Section 16, Township 2N, Range 4W, Lee Township, Monroe County, Ohio, on Parcel Nos. 11-009009.0000 and 11-009004.0000. 

One tract in the Herrick C West area may potentially be owned, in part, by persons for whom no address can be located. This tracts is described below by reference to its parcel number and its possible owners’ names:  Parcel No. 11-022031.0000 – Potential Owners:  Heirs and Assigns of Catherine R. Thistle Connell, deceased; Heirs and Assigns of Mildred B. Thistle Hunter, deceased; Heirs and Assigns of Joseph Thistle Lambie, deceased; Heirs and Assigns of Louisa A. Thistle, deceased; Heirs and Assigns of William Neuenschwander, deceased; Heirs and Assigns of Martha Neuenschwander, deceased; Sue McCoy and her heirs and assigns; and Heirs and Assigns of E. L. Davidson, deceased.

If you would like to attend this hearing, please go to www.webex.com, click on Join on the top right of the screen and enter the following meeting information: 

Meeting number (access code): 129 541 3108

Meeting password: vfNFhHsb646

You do not need to download Webex to join the hearing. 

You may also listen to and participate in the hearing by phone by following the instructions detailed below:

1-408-418-9388 United States Toll

Access code: 129 541 3108

Service by publication shall be complete upon the expiration of four (4) weeks after the date of the first publication of this notice. The date of the first publication of this notice is Thursday, April 22, 2021. The date of last publication is Thursday, May 13, 2021.

Dated:  Thursday, April 22, 2021

Applicant Eclipse’s contact information:

Eclipse Resources I, LP

Attn:  Gary F. Nuckolls

10000 Energy Drive

Spring, TX 77389

(832) 796-6109

gary_nuckolls@swn.com

For further information regarding this hearing, please visit the Division of Oil and Gas Resources Management’s website at http://oilandgas.ohiodnr.gov/unitization.

April 22, 29, May 6, 13, 2021

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PUBLIC NOTICE

NOTICE OF 

RECEIPT OF 

401 APPLICATION

Public notice is hereby given that the Ohio Environmental Protection Agency (Ohio EPA) Division of Surface Water (DSW) has received an application and has begun to consider whether to issue or deny, a Clean Water Act Section 401 water quality certification for a project to upgrade boating access to Monroe Lake by replacing the existing boat ramp, constructing a fixed concrete courtesy dock, expanding the parking area, and dredging accumulated sediment within the inlet.  The application was submitted by the ODNR.  The project is located at the end of Township Road 1001 at the location of the boat ramp on Monroe Lake in Monroe County.    The Pittsburgh District Corps of Engineers Public Notice Number for this project is 21-13.  The Ohio EPA ID Number for this project is 217308A1.

Discharges from the activity, if approved, would result in degradation to, or lowering of, the water quality of Monroe Lake.  Ohio EPA will review the application, and decide whether to grant or deny the certification, in accordance with OAC Chapters 3745-1 and 3745-32.  In accordance with OAC rule 3745-1-05, an antidegradation review of the application will be conducted before deciding whether to allow a lowering of water quality.  No exclusions or waivers, as outlined by OAC rule 3745-1-05, apply or may be granted.

Starting April 29, 2021 copies of the application and technical support information may be inspected on Ohio EPA-DSW website:

http://www.epa.ohio.gov/dsw/401/permitting.aspx 

Persons wishing to 1) be on Ohio EPA’s interested parties mailing list for this project, 2) request a public hearing, or 3) submit written comments for Ohio EPA’s consideration in reviewing the application should do so by email to epa.dswcomments@epa.ohio.gov or writing to Ohio EPA-DSW, Attention: Permits Processing Unit, P.O. Box 1049, Columbus, Ohio 43216-1049 within thirty days of the date of this public notice.

April 29, 2021

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INVITATION TO BID

NOTICE

Sealed proposals for the Center Township Culvert Installations Project will be received by the Monroe County Commissioners at their office, 101 North Main Street, Room 34, Woodsfield, OH 43793 until 10:00 a.m. on Monday, May 24, 2021 and then at said time at said office opened and read aloud.

Plans, specifications, and bid forms may be secured by contacting M.J. Westfall, OSU Extension, at westfa1l.23@osu.edu.

Each bid must be accompanied by either a bid bond in an amount of 10% of the bid amount with a surety satisfactory to the aforesaid Monroe County Commissioners or by certified check, cashier’s check, or letter of credit upon a solvent bank in the amount of not less than 10% of the bid amount in favor of the aforesaid Monroe County Commissioners. Bid bonds shall be accompanied by Proof of Authority of the official or agent signing the bond and shall conform to Ohio Revised Code Section 153.57.

Bids shall be sealed and marked as “Bid for Culvert Installations” and mailed or delivered to:

Monroe County Commissioners 101 North Main Street, Room 34 Woodsfield, OH 43793

Attention of bidders is called to the requirements contained in the bid packet, particularly to the Federal Labor Standards Revision, Davis-Bacon Act, various insurance requirements, various equal opportunity provisions, and the requirement for a payment bond and performance bond for 100% of the contract price, or in lieu of a payment/performance bond, a letter-of-credit upon a solvent bank for 100% of the contract price in favor of the Monroe County Commissioners.

No bidder may withdraw his bid within sixty (60) days after the actual date of the opening thereof. The Monroe County Commissioners reserve the right to waive any informality or to reject any or all bids.

April 29, May 6, 2021

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