IN THE CIRCUIT COURT OF MCDOWELL COUNTY, WEST VIRGINIA
POCAHONTAS SURFACE INTERESTS LLC,
a Virginia limited liability company,
Plaintiff,
v. Civil Action No.: CC-27-2026-C-17
TIMBER RESOURCES, LLC,
a North Carolina limited liability company,
Defendant.
Amended Order of Publication
TO: Timber Resources, LLC, a North Carolina limited liability company
There is now pending in the Circuit Court of McDowell County, West Virginia, in the above-styled civil action Plaintiff, Pocahontas Surface Interests LLC's ("Plaintiff") Motion to serve the Defendant, Timber Resources, LLC ("Defendant") by publication.
The object of the above-styled civil action is for specific performance under Plaintiff's breach of contract claim, and for injunctive relief to reacquire property pursuant to an Options Agreement.
It appearing by the Affidavit filed in this action that Plaintiff has attempted to obtain service of the Summons and Verified Complaint upon Defendant through its attorney in fact, the West Virginia Secretary of State, at Defendant's notice of process address registered with the West Virginia Secretary of State, without avail, it is therefore ORDERED that TIMBER RESOURCES, LLC, a North Carolina limited liability company, appear and serve upon Patrick C. Timony, Charles B. Dollison, and Augustus M. Graff, Bowles Rice LLP, counsel for Plaintiff, whose address is 600 Quarrier Street, Charleston, West Virginia 25301, a response or other defense to the Verified Complaint filed in this civil action within thirty (30) days after the first publication of this notice as a Class III legal advertisement pursuant to West Virginia Code § 56-3-24; § 59-3-2; and 56-2-2. Otherwise, the Court may render judgment of default against Defendant at any time thereafter, thereby granting the relief requested by Plaintiff in its Complaint.
Pursuant to West Virginia Code § 59-3-2(a);(e), a Class III legal advertisement shall be published once a week for three successive weeks.
A copy of said Complaint can be obtained from the Office of the Clerk of the Circuit Court of McDowell County, West Virginia, 90 Wyoming Street, Suite 201, Welch, West Virginia 24801.
ENTERED by the Clerk of this Court on the 1 day of October, 2026.
/s/ Francine Spencer/Tina Strong
Francine Spencer, Clerk of the McDowell County Circuit Court.
Prepared and submitted by:
/s/ Patrick C. Timony
Patrick C. Timony (WVSB #11717)
Charles B. Dollison (WVSB # 5499)
Augustus M. Graff (WVSB #14630)
Bowles Rice LLP
Post Office Box 1386
Charleston, West Virginia 25325-1386
Phone: 304-347-1100
Email: ptimony@bowlesrice.com
Email: cdollison@bowlesrice.com
Email: auggie.graff@bowlesrice.com
20613713.1
Counsel for Pocahontas Surface Interests, LLC
IPL0380506
Oct 19 2026