IN THE COURT OF COMMON PLEAS
MONROE COUNTY, OHIO
JAMES M. STEPHENS, et al., Plaintiffs, v. DORIS CRAIG, et al., Defendants.
Case No.: 2019-056
Judge Selmon
NOTICE BY
PUBLICATION
TO: Bob Berkey, Roger Lohr, Judy Brooker, Ronald W. Anderson, Harold Burtt, Karen Slimak, Jon Vierheller, Twila Kemp, Arthur Monahan, Malynda Booth, Beverly Mayhug, Jim Monahan, Robert Thieriault, Lynda Booth, Francis Marie Cross, Donald Elson, Jr., Carol Ann Pyle, Judy Barabani, Anne Hickok Walker, Dusten Elson, Jacklyn Peterson Touchton, David Snowberger, Angel Mobley, James F. Myers, Patricia M. Elward, Donald Kemp, Minerva Ella Hickman King, Albert T. King, Isabel Hickman Monahan, David Monahan, and Daniel Leroy Eikelberry.
You are hereby notified that you have been named as Defendants in a legal action entitled James M. Stephens, et al. v. Doris Craig, et al. This action has been assigned Case No. 2019-056, and is pending in the Court of Common Pleas of Monroe County, Woodsfield, Ohio, before the Honorable Judge Julie R. Selmon. On September 9, 2019, Defendants, Doris Craig, Paul Craig, Eleanor Craig, Nina Ice, Terry Ice, Sheila Stollar, Roger Stollar, Lisa Meyer, Kenneth Meyer, Jr., Helen Craig, Evelyn Craig, Carissa R. Baker, and Corey A. Stollar, filed a Cross Claim against you.
The object of the Cross Claim is to quiet title and extinguish the Defendants’ oil and gas rights, if any, in the following described real estate:
Situated in the County of Monroe, in the State of Ohio and in the Township of Green and bounded and described as follows:
The SW ¼ of Section 26, Township 3 of Range 4 excepting, however, 30 acres out of the SW ¼ of southwest quarter of same Section, Township and Range and which said 30 acres was owned by Jacob Cehrs; also excepting 15 acres off the west half of the SW ¼ of Section 26, Township 3, Range 4, and which said 15 acres is known as the A. W. Gallsher tract, containing after the above exceptions 113.42 acres, more or less, and being the same land of which Henry Hickman died seized.
You are hereby required to answer the Cross Claim within 28 days after the last publication of this Notice, which will be published once each week for six (6) successive weeks. The last publication will be made on April 15, 2021, and the 28 days for an answer by you will commence on that date. You must file an answer to the Cross Claim with the Clerk of the Monroe County Common Pleas Court, Monroe County Courthouse, 101 North Main Street, Woodsfield, Ohio 43793, and serve a copy on Daniel P. Corcoran, THEISEN BROCK, a legal professional association, 424 Second Street, Marietta, Ohio 45750.
In the case of your failure to answer or otherwise respond as required by the Ohio Rules of Civil Procedure, judgment by default will be rendered against you for the relief demanded in the Complaint.
February 26, 2021,
/s/ Beth Ann Rose, Beth Ann Rose, Clerk of The Monroe County Court of Common Pleas.
Respectfully submitted: Daniel P. Corcoran (008
3512)
Kristopher O. Justice (0082182)
Adam J. Schwendeman (0097521)
THEISEN BROCK,
a legal professional association
424 Second Street
Marietta, OH 45750.
Telephone: 740.373.5455
Telecopier: 740.373.4409
corcoran@theisenbrock.com
justice@theisenbrock.com
schwendman@theisenbrock.com
Counsel for Defendants, Doris Craig, Paul Craig, Eleanor Craig, Nina Ice, Terry Ice, Sheila Stollar, Roger Stollar, Lisa Meyer, Kenneth Meyer, Jr., Helen Craig, Evelyn Craig, Carissa R. Baker and Corey A. Stollar.
March 11, 18, 25, April 1, 8, 15, 2021
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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 TO BIDDERS
SUPPLY OF LIQUID
ASPHALT FOR ROAD
RESURFACING AND DUST CONTROL
Notice is hereby given that the Board of Commissioners of Monroe County, Ohio, will receive sealed bids in their office located at 101 N. Main St., Rm. 34, Courthouse, Woodsfield, Ohio 43793, Monday, April 19, 2021, until 11:00 a.m., at which time the bids will be opened for supplying Monroe County with liquid asphalt in unspecified amounts, to be used in the road resurfacing program and dust control during the 2021 season.
Specification and bid requirements for the liquid asphalt must be picked up at the County Garage Office located at 47134 Moore Ridge Road, Woodsfield, Ohio 43793.
The Monroe County Engineer and Commissioners reserve the right to reject any and all bids and to accept the bid which best promotes the best interest of Monroe County.
By order of the Monroe County Commissioners
Sheila Turner, Clerk
April 8, 15, 2021
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NOTICE
Request for Qualifications
Engineering Design Services
The Monroe County Transportation Improvement District Board intends to contract for engineering services in connection with the Monroe County Shared-Use Fuel Facility. Firms interest in being considered for a contract to provide the required services should reply with a statement of qualifications no later than April 19th, 2021 at 3:00 p.m.. Statements received after this deadline will not be considered.
Information packets may be obtained by emailing azwick@monroecountyengineer.com.
April 8, 15, 2021
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NOTICE
Benton Township is taking bids for mowing at the following locations: Brownsville UMC Church and Cemetery, Rings Mill Cemetery, Township Hall (Grange), and Township Garage.
Bids no to exceed $4,500.00 for all 4 total locations. Bids can be for all 4 locations or any specific location and pay will be broken down percentage wise by the trustees. Minimum of 3 mowing and trimmings per month for 6 months to start April 17, 2021 through October 15, 2021. Trustees request that the cemeteries be mowed for Memorial Day weekend by Friday. Use your own equipment and fuel, and supplies, must have self-insurance. Benton Township is not responsible for any injuries. Bids can be submitted anytime but no later than April 17, 2021 at 9:00 am bid will be award at the April 17, 2021 special meeting. Township has the right to accept or refuse any or all bids.
You can contact the trustees or fiscal officer if you have any questions.
Polly S. Kinsey
Benton Township Fiscal Officer
April 8, 15, 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 TO BIDDERS
MONROE COUNTY FEMA REPAIR PROJECTS
2019 ROUND 16
Bids for Construction of various Drilled Shaft H-piling slip repairs through FEMA projects are being accepted at the Monroe County Engineers Office.
Bid packets can be obtained at the Monroe County Engineers Office, 47134 Moore Ridge Road, Woodsfield, OH 43793.
For this Round of bids, bid due date is April 29, 2021 by 1:00 p.m.
April 15, 22, 2021
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NOTICE
The following matters are the subject of this public notice by the Ohio Environmental Protection Agency. The complete public notice, including any additional instructions for submitting comments, requesting information, a public hearing, or filing an appeal may be obtained at: http://www.epa.ohio.gov/actions.aspx or Hearing Clerk, Ohio EPA, 50 W. Town St. P.O. Box 1049, Columbus, Ohio 43216. Ph: 614-644-3037 email: HClerk@epa.ohio.gov
Final Issuance of Permit-To-Install and Operate
Gulfport Appalachia, LLC – Morris Pad
Moore Ridge Rd, Woodsfield, OH 43793
ID #: P0130019
Date of Action: 04/06/2021
General Permit 12.1 (oil & gas well-site production operations with a small flare).
Final Issuance of Revocation of Permit-To-Install and Operate
Antero Resources – Crestone Pad
34788 Harper Rd, Woodsfield, OH 43793
ID #: RVK04967
Date of Action: 04/06/2021
Permit revoked.
Final Issuance of Revocation of Permit-To-Install and Operate
Antero Resources – Albert Wellpad
34000 Harper Ridge Rd, Woodsfield, OH 43793
ID #: RVK04965
Date of Action: 04/06/2021
Permit revoked.
April 15, 2021
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NOTICE
TO: William R. Rupp and any unknown heirs and assigns:
You are hereby notified that you are, or may be, the record interest holder of a severed mineral interest reserved by William Roy Rupp aka William R. Rupp:
The Mineral Interest that has been abandoned is a severed “undivided one-half of any oil and gas production from said premises; but the Grantees, their heirs and assigns, are to have all oil and gas rentals, with the right in the Grantees, their heirs and assigns, to lease said premises for oil and gas” in the below described Property (the “Mineral Interest”) which appears to have been excepted by William R. Rupp in a Warranty Deed dated May 20, 1935 and recorded May 31, 1935 in Volume 105, Page 74 of the Deed Records of Monroe County, Ohio, in the following property (“Property’):
Situated in the in the Township of Green, County of Monroe and State of Ohio, and bounded and described below:
FIRST TRACT: Being a part of fractional Section 11, Twp. 3, Range 3, commencing for the same at the S. W. Corner of said section 11, thence North 160 rods to a stone; thence East 80 rods to a stone; thence south 160 rods; thence West 80 rods to the place of beginning, containing Eighty Acres, more or less.
SECOND TRACT: A parcel of land known as the Kirkbride farm the same being the N.W. part of the Section 10, Township 3, Range 3, beginning at the N.W. corner of said fractional Section 10; thence with the Section line south 83° East 80 rods to an Elm Tree six inches in diameter, it being in said section line, thence South 2° West 80 rods to a stake, thence North 83° West 80 rods to a stake in the Section Line, thence North 2° West 80 rods to the place of beginning, containing 40 acres, more or less.
THIRD TRACT: Being in the S.W. corner of the S.W. Qr. Of the N.W. Qr. Of fractional section 11, Township 3, R. 3, commencing at a stone planted in the Section line and running South West 12 rods; thence East 21 rods; thence North West to the place of beginning 21 ½ rods, containing 126 poles, more or less, containing in all three tracts 120 acres and 126 poles, more or less.
The above property description pertains to Parcel Nos. 28-009001.0000, 28-009001.1000, 28-009004.0000, and 28-024002.0000 on the Monroe County Auditor’s tax record.
Captina Sportsman Club is the surface owner of the Property having acquired title by virtue of Warranty Deed from Oscar Yost, dated October 6, 1988 and filed for record on October 11, 1988, in Volume 197, Page 38 in the Deed Records of Monroe County, Ohio containing the same legal description of Property as that in D.R. Vol. 150, Pg. 74 above.
In accordance with Section 5301.56 of the Ohio Revised Code the above referenced Mineral Interest has been abandoned because none of the events specified in O.R.C. 5301.56(B)(3) have occurred within the twenty (20) years immediately preceding the date this published notice, specifically:
1. The Mineral Interest has not been the subject of a title transaction that has been filed or recorded in the office of the County Recorder of Monroe County, Ohio;
2. There has been no actual production or withdrawal of minerals by the holder(s) from the Property, from lands covered by a lease to which the Mineral Interest is subject, from a mine a portion of which is located beneath the Property, or, in the case of oil or gas, from lands pooled, unitized, or included in unit operations, under Ohio Revised Code §§ 1509.26 to 1509.28, in which the Mineral Interest is participating;
3. The Mineral Interest has not been used in underground gas storage operations by the holder(s);
4. A drilling or mining permit has not been issued to the holder(s);
5. A claim to preserve the Mineral Interest has not been filed in accordance with Ohio Revised Code § 5301.56(C) by a holder of the Mineral Interest; and
6. A separately listed tax parcel number has not been created for the Mineral Interest in the Monroe County, Ohio Auditor’s tax list or in the Monroe County, Ohio Treasurer’s duplicate tax list.
It is the intent of the owners of the surface of the Property to file in the office of the Monroe County Recorder an Affidavit of Abandonment at least thirty, but not more than sixty days after the date this notice is published.
Craig J. Wilson
Attorney representing Captina Sportsman Club
April 15, 2021
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