COUNTY OF WISE v PEARL WHEATLEY, ET AL

January 30, 2025

VIRGINIA:

IN THE CIRCUIT COURT OF THE COUNTY OF WISE

COUNTY OF WISE, VIRGINIA,

a Political Subdivision of

the Commonwealth of

Virginia

Complainant

Case No. CL24-1178

PEARL WHEATLEY, ET AL,

Respondent(s)

ORDER OF PUBLICATION

The object of this suit is to enforce the lien of the Complainant, County of Wise, Virginia, for delinquent real estate taxes against certain real property located in the County of Wise, Virginia, described as follows:

Tax Map No. 037 ( ) 144A

Account No. 014290

All that certain lot, piece, or parcel of real property, together with any improvements thereon and appurtenances thereunto belonging, lying and being situate in the Town of Wise, Wise County, Virginia and being more particularly described as follows:

BEGINNING at a white oak on a knoll, corner now or formerly of E. M. Fulton and Stonegap Colliery Company; thence with line of the E. M. Fulton tract S. 46 49’ E. 316 feet to a beech in a branch; thence down the branch S. 44 00’ E. 181.5 feet to a small laurel; thence S. 39 50 E. 214 feet to an upturned red oak; thence S. 26 14 E. 202.7 feet to two gums; thence S. 9 09’ W. 138.4 feet to a white oak; thence S. 38 56’ W. 102.6 feet to two poplars stumps; thence S. 4 2’ (S. 42) E. 169.6 feet to a gum stump, passing the corner of the lot now or formerly of Henry Meade at 68 feet; thence S. 13 26’ E.137.5 feet to a stake, corner now or formerly of G. H. Stanley, and lot now or formerly owned by Mattie Gilliam and Sarah Craft, and passing corner of lots owned by Mattie Gilliam and Sarah Craft and Henry Meade at 34.6 feet; thence S. 55 52’ W. 527 feet to a stake, corner to the estate now or formerly of C. F. Flanery, deceased, and J.E. Lipps, passing the corner of said Stanley lot at 34.2 feet; thence with line of the estate of C. F. Flanery, deceased, N. 21 46’ W. 214 feet to a chestnut and chestnut oak stumps; thence N. 3 36’ W. 564.8 feet to a hickory; thence N. 26 30’ W. 308 feet to a chestnut and a chestnut oak stumps, corner to the Stonegap Colliery Company; thence leaving the line of the said C. F. Flanary estate and with the Stonegap Colliery Company’s line N. 17 31’ E. 485.2 feet to the BEGINNING, and containing 14.66 acres.

Less and except that 0.10-acre portion conveyed to Joe F. Mize and Janet W. Mize by Deed dated September 10, 1971 and recorded September 16, 1971 in the Clerk’s Office of the Circuit Court of Wise County, Virginia in Deed Book 437 at Page 131.

Less and except that 1.59-acre portion conveyed to Harold Patrick Moore by Deed dated July 17, 1973 and recorded July 18, 1973 in the Clerk’s Office of the Circuit Court of Wise County, Virginia in Deed Book 456 at Page 318.

Less and except that 1.60-acre portion conveyed to Harold Patrick Moore by Deed dated March 18, 1974 and recorded March 22, 1974 in the Clerk’s Office of the Circuit Court of Wise County, Virginia in Deed Book 463 at Page 203.

Less and except that 4.51-acre portion conveyed to Jerry W. Wharton by Deed dated December 23, 1977 and recorded January 13, 1978 in the Clerk’s Office of the Circuit Court of Wise County, Virginia in Deed Book 510 at Page 703.

Less and except that 2.67-acre portion conveyed to Jerry W. Wharton and July C. Wharton by Deed dated February 5, 1982 and recorded February 18, 1982 in the Clerk’s Office of the Circuit Court of Wise County, Virginia in Deed Book 563 at Page 148.

And being the remaining 4.19-acre portion of real property conveyed to William H. Wheatley from the First National Bank of Wise by Deed dated January 21, 1937 and recorded January 27, 1937 among the records of the Clerk’s Office of the Circuit Court of Wise County, Virginia in Deed Book 219 at Page 555.

The aforementioned William H. Wheatley having departed this life on December 9, 1986, survived by his wife, Pearl Wheatley.

This description is made subject to all easements, conditions, agreements, restrictions, and reservations of record which affect the property herein described including but not limited to those recorded in Deed Book 445 at Page 505.

IT APPEARING that an Affidavit has been made and filed stating that due diligence has been used, without effect, to ascertain the identity and location of certain parties to be served, that the last known addresses for the Respondents herein are as follows: Pearl Wheatley, who is believed to be deceased and whose last known address is c/o Moreley Benson, P.O. Box 113, Wise, Virginia 24293-0113; William H. Wheatley, who is believed to be deceased and whose last known address is unknown; Vertie Irene Hill Wheatley, who is believed to be deceased and whose last known address is unknown; Lorine Mangum Stallard, who is believed to be deceased and whose last known address is unknown; Robert Gilford Mangum, who is believed to be deceased and whose last known address is unknown; Brenda Mangum, whose last known address is unknown; Thelma Jean Wheatley Olinger, who is believed to be deceased and whose last known address is unknown; James Richard Olinger, who is believed to be deceased and whose last known address is unknown; Jimmy Olinger, whose last known address is 4750 Thompson Road, Wise, Virginia 24293; Steve Olinger, whose last known address is unknown; Jennifer Olinger Sproles, whose last known address is 4815 Palmleaf Road, Apt A, Wise, Virginia 24293; Velma Wheatley Newman, who is believed to be deceased and whose last known address is unknown; James H. Newman, whose last known address is 123 Tide Mill Lane, Apt 44D, Hampton, Virginia 23666; Paul David Newman, whose last known address is 311 Kostel Court, Hampton, Virginia 23669; Rita Sue Davis, whose last known address is 124 S. second Street, Hampton, Virginia 23664; Eva Hill Williams, who is believed to be deceased and whose last known address is unknown; Clara Williams Jessee, who is believed to be deceased and whose last known address is unknown; Mary E. Jesse Fecht Gramley, who is believed to be deceased and whose last known address is unknown; Ora Elva Hill Moore Pritchard, who is believed to be deceased and whose last known address is unknown; Helen Moore Winn, who is believed to be deceased and whose last known address is unknown; Harold Patrick Moore, who is believed to be deceased and whose last known address is unknown; Bennie Moore a/k/a Morely Benson, who is believed to be deceased and whose last known address is P.O. Box 113, Wise, Virginia 24293-0113; and that any officers, heirs, devisees, and successors in title of the Respondent named herein are made parties Respondent to this action individually and/or by the general description of Parties Unknown, it is hereby

ORDERED that the parties herein and all Parties Unknown and/or whose location cannot be ascertained appear on or before March 19, 2025 in the Clerk’s Office of the Circuit Court of the County of Wise, Virginia, and do what may be necessary to protect their interests in this cause.

Entered on the 23rd day of January, 2025.

Thomas W. Baker

Judge

I Ask For This:

John A. Rife, Esq.

(VSB No. 45805)

Jeffrey A. Scharf, Esq.

(VSB No. 30591)

Mark K. Ames, Esq.

(VSB No. 27409)

Andrew M. Neville, Esq. (VSB No. 86372)

Paul L. LaBarr, Esq.