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NOTICE TO DEFEND

IN THE COURT OF

COMMON PLEAS OF

INDIANA COUNTY, PENNSYLVANIA

Case No. 10696 C.D. 2004

CIVIL ACTION LAW

QUIET TITLE ACTION

PENNSYLVANIA MINES, LLC, A DELAWARE LIMITED LIABILITY COMPANY REGISTERED TO DO BUSINESS IN PENNSYLVANIA

PLAINTIFF,

VS.

BENJAMIN H. PITTMAN, ET AL

DEFENDANTS.

TO THE DEFENDANTS:

You are hereby given notice that the above Plaintiff has commenced an Action to Quiet Title to an undivided 5/7 interest in the E Seam of Coal lying in, under or upon that certain tract of land situate in Montgomery Township, Indiana County, Pennsylvania, and related mining rights, said tract containing 105 acres, more or less, being identified in the Indiana County, Pennsylvania Tax Assessment Records as Coal Tax Parcel Number 32-001-100, and being known or referred to as the Harvey Pittman Tract, said tract and related mining rights being described in detail in the complaint filed in this action.

An Order entered by the Court in this matter in favor of Plaintiff will forever bar the Defendants from asserting any right, title, claim or interest in the real estate in question inconsistent with the interest or claim of the Plaintiff.

YOU ARE FURTHER NOTIFIED that you are required to plead to the within Complaint within Twenty (20) days from the date of this publication or an Order of Court will be entered against you barring you from asserting any right, title, lien, claim or interest inconsistent with the interest and claim of the Plaintiff herein as set forth in the Complaint, and unless you take such action within the Twenty (20) day period, a judgment for want of an answer to the Complaint will be entered against you, which judgment will be made absolute Thirty (30) days thereafter.

NOTICE

If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the Court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

COURT ADMINISTRATOR,

FOURTH FLOOR

INDIANA COUNTY COURTHOUSE

825 PHILADELPHIA STREET

INDIANA, PA 15701

(724) 465-3955

BONYA, GAZZA & DeGORY, LLP

BY:  DAVID M. ZIMMERMAN (#62496),

134 South Sixth Street

Indiana, Pennsylvania 15701

Telephone: 1-724-465-5535

  Plaintiff's Attorney.

May 19, 2004   04-00529