VIRGINIA:

VIRGINIA:

IN THE CIRCUIT COURT OF RAPPAHANNOCK COUNTY

SLATE NAILS, LLC,

A Virginia limited liability company

Complainant

v.

Chancery No. 04-19

LORETTA DWYER CLATER MARY CATTS DORIS WADE RODNEY CLATTERBUCK ELEANOR GRIGSBY JAMES (EARL) FRAZIER RANDALL FRAZIER MAGDALENE DWYER DOROTHY BOWEN SWAIN NELLIE BOWEN DROKE CHARLES C. BOWEN WILLIAM R. BOWEN EARL K BOWEN MARY EDNA BOWEN MARGIE M. LUGO KATHERINE A SPRING JANICE BOWEN BENTHALL DAVID J. BOWEN MARY FRAZIER NORMA L. GREEN

CHARLOTTE M VUNCANNON

BRENDA T. OESTERHELD

THOMAS W. THACKER, JR.

NANCY THACKER BROWNING

MARGARET T. WILLIAMS

PATSY GODARD

WINIFRED T. SULLIVAN

MARY HELEN LEAKE SMITH

RAY EDWARD HICKS

JULIE LEE HICKS OSTAT

ROBERT WALKER

RONALD LEAKE

DONNA LEAKE THOMPSON

GEORGE ALLEN TICE

BARBARA T. SAUBER

GARY EARL TICE

STEVEN L. FRAZIER

WILLIAM G. FRAZIER

CHARLES E. FRAZIER

FRANCES DWYER SMOOT

and any an all unknown heirs at law of NELLIE ATKINS, deceased, CHARLES C. ATKINS, PATTI L. ATKINS, DAVID ATKINS, ELIZABETH ATKINS BOWEN, LEO BOWEN, MABEL BOWEN MCCLANAHAN, FRANCES BOWEN CLATTERBUCK, MILDRED BOWEN FRAZIER,

GRANVILLE FRAZIER. SR., EDNA BOWEN CANARD, CHARLES BOWEN, WILLIAM ATKINS, RUTH ATKINS. FRANCES ATKINS THACKER, LENA ATKINS LEAKE, FRANCES LEAKE, CORA VIRGINIA LEAKE HICKS. ANNA LEAKE TOLAND. MARY FRANCES T. WALKER, CLETUS LEAKE, MADELYN LEAKE TICE, VIRGINIA ATKINS BROWN, ROBERT YATES BROWN, LOIS FRANCES ATKINS FRAZIER, FOREST GLYNN FRAZIER, JUANITA LIPPHARD, EDMUND "BILLY" PAYNE and JAMES WILLIAM BOWEN, or their widows or widowers and heirs, devisees, and successors in interest, whose names and addresses are unknown and who are made parties defendant by the general description of PARTIES UNKNOWN

and any other unknown heirs, devisees and successors in interest, if any such there be, and unknown parties having an interest in those two certain lots or parcels of land situate on Sara Lane in the village of Sperryville, shown on Rappahannock County tax maps as parcels 38A-1-43 and 38A-1-42, and being the same property of which the said Nellie Atkins died seized and possessed of a one-half interest, and who are made parties hereto by the general description of PARTIES UNKNOWN

Defendants

ORDER OF PUBLICATION

THE OBJECT of the above styled suit is to partition the property owned by, or in which the above named Defendants have an interest in. situated in Rappahannock County, Virginia and more particularly described as follows:

Tract #1

ALL THAT CERTAIN lot or parcel of land, situated in the Village of Sperryville. Piedmond Magisterial District, Rappahannock County, Virginia, and bounded and described as follows, towit:

"That certain lot, piece or parcel of land of which the late Harvey Sealock died seized

and possessed and lying on the Southerly side of the turnpike leading from said

Sperryville to Washington in said Rappahannock County, and bounded by said turnpike,

the lot now owned by Aubrey N. Johnson, the lot of Walter Atkins, the land of J. Clifford

Miller and the lot owned respectively by James H. Fletcher, Mr$. Lucy Dodson,

and Harry Woodard."

LESS AND EXCEPT THEREFROM, however, those three certain lots or parcels of land set forth and described by deeds of Luther Brown and Nellie Brown, husband and wife, recorded in Deed Book 31, page 220, in Deed Book 31, page 301 and in Deed Book 31, page 447 in the Clerk's Office of the Circuit Court of Rappahannock County, Virginia.

AND BEING the same property conveyed to Ethel Tyner and Nellie Atkins by deed from Edward Brown and Mildred Brown, his wife, dated December 12, 1973 and recorded February 19,1974 in Deed Book 110, page 107 in the aforesaid Clerk's Office.

Tract #2

ALL THAT CERTAIN lot or parcel of land, situated in the Village of Sperryville, Piedmont Magisterial District, Rappahannock County, Virginia, and bounded and described as follows, to-wit:

“Beginning at the north corner of the lot of Mr. R. L. Johnson on the road from the

Turnpike with the said J. Harvey Sealock lot and running with said road in

N. Easterly course the distance of 56 _ feet and from this and across the lot of land

of J. H. Sealock in a line parallel with the line of Mr. Rob’t. L. Johnson and

J. B. Miller's line and at a point 56 _ feet from the corner of J. B. Miller and

Rob't L. Johnson, being the corner on the north side of said Johnson’s land, where

it adjoins the said J. B. Miller's land, thence with said Miller’s line in a southerly

course with said Miller s line, to the corner above described, thence back with the

line of Mr. R. L. Johnson to the beginning on the said road.”

AND BEING the same property conveyed to Nellie Atkins and Ethel Tyner by deed from James W. Fletcher, Special Commissioner, dated December 12, 1973 and recorded December 13, 1973 in Deed Book 109, page 365 in the Clerk’s Office of the Circuit Court of Rappahannock County, Virginia.

And it appearing by affidavit filed according to law that due diligence has been used by or on behalf of the Complainant to ascertain in what county, city or state the Defendant MARGIE M. LUGO, JANICE BOWEN BENTHALL, BRENDA T. OESTERHELD, RAY EDWARD HICKS and JULIE LEE HICKS OSTAT reside, without effect:

And it further appearing that the above-named Defendant NELLIE BOWEN DROKE is not a resident of the Commonwealth of Virginia and that her last known post office address is 3217 Bluefield Street, Memphis, Tennessee 38128; that the above-named Defendant CHARLES C. BOWEN is not a resident of the Commonwealth of Virginia and that his last known post office address is 1523 Alton Wood Drive, Concord, New Hampshire 03301; that the above-named Defendant WILLIAM R. BOWEN is not a resident of the Commonwealth of Virginia and that his last known post office address is 27 Hunters Circle, West Yarmouth, Massachusetts 02673; that the above-named Defendant KATHERINE A. SPRING is not a resident of the Commonwealth of Virginia and that her last known post office address is 215 Opequon Drive, Kearneysville, West Virginia 25430; that the above-named Defendant DAVID J. BOWEN is not a resident of the Commonwealth of Virginia and that his last known post office address is Route 1, Box 373, Inwood, West Virginia 25438; that the above-named Defendant CHARLOTTE M. VUNCANNON is not a resident of the Commonwealth of Virginia and that her last known post office address is P.O. Box 68, Mames, North Carolina 27552; that the abovenamed Defendant PATSY GODARD is not a resident of the Commonwealth of Virginia and that her last known post office address is 2855 Forest Chase Drive, Marietta, Georgia 30066; that the above-named Defendant MARY HELEN LEAKE SMITH is not a resident of the Commonwealth of Virginia and that her last known post office address is 3107 Newkirk Avenue, Forestville, Maryland 20747; that the above-name Defendant ROBERT WALKER is not a resident of the Commonwealth of Virginia and that his last know post office address is 8610 Cedarville Road, Brandywine, Maryland 20613; that the above-named Defendant RONALD LEAKE is not a resident of the Commonwealth of Virginia and that his last known post office address is 305 Sorrento Drive, Osprey, Florida 34229; that the above-named Defendant GEORGE ALLEN TICE is not a resident of the Commonwealth of Virginia and that his last known post office address is 115 5m Street, Lothian, Maryland 20711; that the above-named Defendant BARBARA T. SAUBER is not a resident of the Commonwealth of Virginia and that her last known post office address is 4801 Underwood Court, Waldorf, Maryland 20601; that the above-named Defendant GARY EARL TICE is not a resident of the Commonwealth of Virginia and that his last known post office address is 11832 Arrowhead Trail, Lusby, Maryland 20657; and that the above-named Defendant WILLIAM G. FRAZIER is not a resident of the Commonwealth of Virginia and that his last known post office address is 521 Bryce Canyon Court, Petaluma, California 94954;

And it further appearing that the heirs at law of NELLIE ATKINS, CHARLES C. ATKINS, PATTI L. ATKINS, DAVID ATKINS, ELIZABETH ATKINS BOWEN, LEO BOWEN, MABEL BOWEN MCCLANAHAN, FRANCES BOWEN CLATTERBUCK, MILDRED BOWEN FRAZIER, GRANVILLE FRAZIER, SR., EDNA BOWEN CANARD, CHARLES BOWEN WILLIAM ATKINS RUTH ATKINS, FRANCES ATKINS THACKER, LENA ATKINS LEAKE, FRANCES LEAKE CORA VIRGINIA LEAKE HICKS, ANNA LEAKE TOLAND, MARY FRANCES T. WALKER, CLETUS LEAKE, MADELYN LEAKE TICE, VIRGINIA ATKINS BROWN, ROBERT YATES BROWN, LOIS FRANCES ATKINS FRAZIER, FOREST GLYNN FRAZIER, JUANITA LIPPHARD, EDMUND BILLY" PAYNE and JAMES WILLIAM BOWEN, who now are or may be deceased, and whose names are unknown, are or may be interested in the subject to be partitioned or disposed of in this suit, if any such heirs at law there be.

It is therefore ORDERED that all such persons claiming an interest in the land above described appear on or before the 2T day of October, 2004 in the Clerk's Office of the Circuit Court of Rappahannock County, Virginia, Post Office Box 517, 238 Gay Street, Washington, Virginia, 22747, and do what is necessary to protect their interests.

It is further ORDERED that this order be published once a week for four successive weeks in The Rappahannock News, a newspaper of general circulation in the County of Rappahannock, that a copy of this order be posted at the front door of the courthouse wherein this court is held; and that a copy of this order be mailed to each defendant at the address shown by the aforesaid affidavit and which is listed above.

ENTERED this 3'° day of September, 2004 ,

Diane Bruce

Clerk of the Circuit Court I ask for this: MICHAEL T. BROWN Counsel for Complainant 211 A Main Street Washington, Virginia 22747-0270 Telephone: 540-675-3617 Facsimile: 540-675-3225 Virginia State Bar No 43879

9-09, 9-16, 9-23, 9-30-04

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