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ORDER OF PUBLICATION IN THE C...
ORDER OF PUBLICATION
IN THE CIRCUIT COURT OF
FAYETTE COUNTY,
WEST VIRGINIA
DEBORAH L. GILLIAM,
BARBARA J. LEVINE,
REBECCA G. NEAL,
THOMAS R. KOONTZ, and
JOHN NUGEN, by his
attorney-in-fact, CATHY SECH,
Plaintiffs,
v.
Civil Action Number: 24-C-158
KYLE SHUMAKER,
TINA FOX RAINES, and
JOHN "MUTT" FOX, II,
Defendants.
NOTICE OF SALE
AT PUBLIC AUCTION
Take Notice that by virtue of an Order of the Circuit Court of Fayette County, West Virginia, entered on July 10, 2025, and by virtue of the authority vested in the undersigned Special Commissioner, Paul O. Clay, Jr., the undersigned Special Commissioner will on Monday, September 15, 2025, at 10:00 a.m. sell to the highest bidder at Public Auction at the front steps of the Fayette County Courthouse, Fayetteville, West Virginia, the real estate situate in New Haven District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to wit:
BEGINNING at a stake on the original line, thence N 24 1/2 E 16 1/2 poles to a small chestnut at the Old State Road, thence S 85 1/2 E 16 poles 18 links with said road, thence, S 1-30 W 16 poles to a stake, thence N 85 1/2 W 23 1/2 poles to the beginning, containing 2 acres less a 16 foot road on the original line.
And being the same real estate conveyed by deed dated January 3, 1928, by R. T. Hubbard to Ella S. Shumaker, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 65, at page 103. The said Ella Shumaker subsequently died intestate in 1957 or 1958 survived by four (4) living children, namely: Don Shumaker, Effie S. Fox, Fulton Shumaker, and Thomas Shumaker, each having a one-sixth (1/6th) interest; and seven grandchildren, namely: Ray Shumaker, George Shumaker, Iris Capelety, Carl S. Shumaker, and Imogene Hambrick, being the children of Ira Shumaker, deceased, each having a one-thirtieth (1/30th) interest; and Faye Pennington and Joe Baker, being the children of Audrey S. Barker, each having a one-twelfth (1/12th) interest. The said Don Shumaker subsequently died intestate in or about the year 1965 survived by his children, namely: Evelyn Shumaker Ayersman and Phyllis Shumaker McKinzie, his sole surviving heirs at law, each having a one twelfth (1/12th) interest. The said Fulton Shumaker subsequently died in or about the year 1988, survived by his children, namely: Fulton Shumaker, Jr., Paul Shumaker, Kyle Shumaker, Gary Keith Shumaker, and Wanda Shumaker Moring, his sole heirs-at-law, each having a one thirtieth (1/30th) interest. The said Thomas Shumaker subsequently died intestate in or about the year 1978, survived by his children, namely: Duane Shumaker, Thomas Shumaker, III, Donald Shumaker, Boyd Shumaker, and Joretta Koontz, his sole surviving heirs-at-law, each having a one thirtieth (1/30th) interest. By deed dated April 2, 1990, of record in Deed Book 645, at page 314. Evelyn Ayers and Phyllis McKinzie, sole heirs of Don Shumaker, conveyed their one-sixth (1/6th) interest to Joretta Nugen; Faye Pennington and Joe Barker, sole heirs of Audrey Barker conveyed their one-sixth (1/6th) interest to Joretta Nugen; Dwayne Shumaker, Thomas Shumaker, III, Donald Shumaker, and Boyd Shumaker conveyed their one-sixth (1/6th) interest to Joretta Nugen; Ray Shumaker, George Shumaker, Iris Shumaker Capelety, Carl Shumaker, and Imogene Shumaker Hambrick, sole heirs of Ira Shumaker, conveyed their one-sixth (1/6th) interest to Joretta Nugen. By Quitclaim Deed dated May 12, 2009, Fulton Shumaker, Jr. conveyed his one thirtieth (1/30th) interest in the subject real estate to John Nugen and Joretta Nugen, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 650, at page 456. By Quitclaim deed dated May 12, 2009, Paul Shumaker conveyed his one thirtieth (1/30th) interest in the subject real estate to John Nugen and Joretta Nugen, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 650. By Quitclaim deed dated May 12, 2009, Wanda Shumaker Moring conveyed her one thirtieth (1/30th) interest in the subject real estate to John Nugen and Joretta Nugen, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 650, at page 454. By Quitclaim deed dated May 14, 2009, Gary Keith Shumaker conveyed his one thirtieth (1/30th) interest in the subject real estate to John Nugen and Joretta Nugen, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 650, at page 452. The said Joretta Nugen died intestate, her interest in the subject real estate passing fifty percent (50%) to her husband, John Nugen, and fifty percent (50%) to her children, Deborah L. Gilliam, Barbara J. Levine, Rebecca Neal, and Thomas Koontz. John Nugen granted Power of Attorney to Cathy Sech. John Fox, II and Tina Raines are the sole heirs of John Fox, the sole heir of Effie Fox, daughter of Ella Shumaker. Therefore, they hold a one sixth (1/6th) interest in the subject real estate, being a one twelfth (1/12th) each. Kyle Shumaker is one of five heirs of Fulton Shumaker and the only one of his heirs who has not conveyed his interest to Plaintiffs. He owns a one thirtieth (1/30th) interest.
The Special Commissioner herein asserts, to the best of his knowledge and belief, that no party in interest is a member of the Armed Forces of the United States, and is therefore entitled to the benefits of the Service Members Civil Relief Act.
REAL ESTATE TAXES:
Subject property will be sold by the undersigned Special Commissioner subject to real estate taxes presently a lien against subject real property. Any purchaser shall purchase subject to, and be responsible for, said real estate taxes.
TERMS OF SALE:
Cash on hand on day of sale, or ten percent down and balance payable in twenty (20) days. The above-described real estate will be sold by the undersigned Special Commissioner by auction to the highest bidder subject to the right of the Special Commissioner to reject all bids if in his opinion they are inadequate. The owner of the indebtedness secured by the above-described Deed of Trust and the owner of any other interest in the property to be sold shall have the right to bid.
CONTINUANCE OR
ADJOURNMENT OF SALE:
The Special Commissioner reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice and announcement at the time and place of sale, as hereinabove set forth, or any continuance or adjournment thereof.
DATED THIS THE 12th DAY OF August, 2025.
PAUL O. CLAY, JR,
Special Commissioner
IN THE CIRCUIT COURT OF
FAYETTE COUNTY,
WEST VIRGINIA
DEBORAH L. GILLIAM,
BARBARA J. LEVINE,
REBECCA G. NEAL,
THOMAS R. KOONTZ, and
JOHN NUGEN, by his
attorney-in-fact, CATHY SECH,
Plaintiffs,
v.
Civil Action Number: 24-C-158
KYLE SHUMAKER,
TINA FOX RAINES, and
JOHN "MUTT" FOX, II,
Defendants.
NOTICE OF SALE
AT PUBLIC AUCTION
Take Notice that by virtue of an Order of the Circuit Court of Fayette County, West Virginia, entered on July 10, 2025, and by virtue of the authority vested in the undersigned Special Commissioner, Paul O. Clay, Jr., the undersigned Special Commissioner will on Monday, September 15, 2025, at 10:00 a.m. sell to the highest bidder at Public Auction at the front steps of the Fayette County Courthouse, Fayetteville, West Virginia, the real estate situate in New Haven District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to wit:
BEGINNING at a stake on the original line, thence N 24 1/2 E 16 1/2 poles to a small chestnut at the Old State Road, thence S 85 1/2 E 16 poles 18 links with said road, thence, S 1-30 W 16 poles to a stake, thence N 85 1/2 W 23 1/2 poles to the beginning, containing 2 acres less a 16 foot road on the original line.
And being the same real estate conveyed by deed dated January 3, 1928, by R. T. Hubbard to Ella S. Shumaker, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 65, at page 103. The said Ella Shumaker subsequently died intestate in 1957 or 1958 survived by four (4) living children, namely: Don Shumaker, Effie S. Fox, Fulton Shumaker, and Thomas Shumaker, each having a one-sixth (1/6th) interest; and seven grandchildren, namely: Ray Shumaker, George Shumaker, Iris Capelety, Carl S. Shumaker, and Imogene Hambrick, being the children of Ira Shumaker, deceased, each having a one-thirtieth (1/30th) interest; and Faye Pennington and Joe Baker, being the children of Audrey S. Barker, each having a one-twelfth (1/12th) interest. The said Don Shumaker subsequently died intestate in or about the year 1965 survived by his children, namely: Evelyn Shumaker Ayersman and Phyllis Shumaker McKinzie, his sole surviving heirs at law, each having a one twelfth (1/12th) interest. The said Fulton Shumaker subsequently died in or about the year 1988, survived by his children, namely: Fulton Shumaker, Jr., Paul Shumaker, Kyle Shumaker, Gary Keith Shumaker, and Wanda Shumaker Moring, his sole heirs-at-law, each having a one thirtieth (1/30th) interest. The said Thomas Shumaker subsequently died intestate in or about the year 1978, survived by his children, namely: Duane Shumaker, Thomas Shumaker, III, Donald Shumaker, Boyd Shumaker, and Joretta Koontz, his sole surviving heirs-at-law, each having a one thirtieth (1/30th) interest. By deed dated April 2, 1990, of record in Deed Book 645, at page 314. Evelyn Ayers and Phyllis McKinzie, sole heirs of Don Shumaker, conveyed their one-sixth (1/6th) interest to Joretta Nugen; Faye Pennington and Joe Barker, sole heirs of Audrey Barker conveyed their one-sixth (1/6th) interest to Joretta Nugen; Dwayne Shumaker, Thomas Shumaker, III, Donald Shumaker, and Boyd Shumaker conveyed their one-sixth (1/6th) interest to Joretta Nugen; Ray Shumaker, George Shumaker, Iris Shumaker Capelety, Carl Shumaker, and Imogene Shumaker Hambrick, sole heirs of Ira Shumaker, conveyed their one-sixth (1/6th) interest to Joretta Nugen. By Quitclaim Deed dated May 12, 2009, Fulton Shumaker, Jr. conveyed his one thirtieth (1/30th) interest in the subject real estate to John Nugen and Joretta Nugen, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 650, at page 456. By Quitclaim deed dated May 12, 2009, Paul Shumaker conveyed his one thirtieth (1/30th) interest in the subject real estate to John Nugen and Joretta Nugen, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 650. By Quitclaim deed dated May 12, 2009, Wanda Shumaker Moring conveyed her one thirtieth (1/30th) interest in the subject real estate to John Nugen and Joretta Nugen, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 650, at page 454. By Quitclaim deed dated May 14, 2009, Gary Keith Shumaker conveyed his one thirtieth (1/30th) interest in the subject real estate to John Nugen and Joretta Nugen, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 650, at page 452. The said Joretta Nugen died intestate, her interest in the subject real estate passing fifty percent (50%) to her husband, John Nugen, and fifty percent (50%) to her children, Deborah L. Gilliam, Barbara J. Levine, Rebecca Neal, and Thomas Koontz. John Nugen granted Power of Attorney to Cathy Sech. John Fox, II and Tina Raines are the sole heirs of John Fox, the sole heir of Effie Fox, daughter of Ella Shumaker. Therefore, they hold a one sixth (1/6th) interest in the subject real estate, being a one twelfth (1/12th) each. Kyle Shumaker is one of five heirs of Fulton Shumaker and the only one of his heirs who has not conveyed his interest to Plaintiffs. He owns a one thirtieth (1/30th) interest.
The Special Commissioner herein asserts, to the best of his knowledge and belief, that no party in interest is a member of the Armed Forces of the United States, and is therefore entitled to the benefits of the Service Members Civil Relief Act.
REAL ESTATE TAXES:
Subject property will be sold by the undersigned Special Commissioner subject to real estate taxes presently a lien against subject real property. Any purchaser shall purchase subject to, and be responsible for, said real estate taxes.
TERMS OF SALE:
Cash on hand on day of sale, or ten percent down and balance payable in twenty (20) days. The above-described real estate will be sold by the undersigned Special Commissioner by auction to the highest bidder subject to the right of the Special Commissioner to reject all bids if in his opinion they are inadequate. The owner of the indebtedness secured by the above-described Deed of Trust and the owner of any other interest in the property to be sold shall have the right to bid.
CONTINUANCE OR
ADJOURNMENT OF SALE:
The Special Commissioner reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice and announcement at the time and place of sale, as hereinabove set forth, or any continuance or adjournment thereof.
DATED THIS THE 12th DAY OF August, 2025.
PAUL O. CLAY, JR,
Special Commissioner
Posted 47 weeks ago
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