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NOTICE TO DEFEND

IN THE COURT OF COMMON PLEAS OF INDIANA COUNTY, PENNSYLVANIA

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; LAURA E. JONES; G. BYRON MCCLUSKY; DEA C. SWEET; BERYL HAYNES, EMILY JOHNSON, WILLIAM HEIERDING, JR.; RANDY HEIERDING; DIANE (A.K.A. DEBBIE) HEIERDING; WILLIAM MCCLAUGHLIN; CONNIE PITTMAN; THE DEVISEES, ADMINISTRATORS, EXECUTORS, HEIRS AND ASSIGNS OF MARGRETE PITTMAN, DECEASED, OF RAYMOND PITTMAN, DECEASED, AND OF VIRGINIA HEIERDING, DECEASED; AND EACH OF THEIR DEVISEES, ADMINISTRATORS, EXECUTORS, HEIRS AND ASSIGNS, AND ALL OTHER PERSONS, FIRMS, PARTNERSHIPS, OR CORPORATE ENTITIES CLAIMING ANY RIGHT, TITLE, INTEREST, CLAIM OR DEMAND WHATSOEVER IN AND TO THE WITHIN MATTER OR AGAINST THE HEREINAFTER DESCRIBED REAL ESTATE AND OTHERS GENERALLY, ET AL,

DEFENDANTS.

NOTICE TO THE DEFENDANTS:

On July 1, 2004, an Order of Court was entered in the above action, which Order states as follows:

ORDER OF COURT

AND NOW, this 1st day of July, 2004, it appearing to the Court that Defendants in above quiet title action identified below were duly served by publication in accordance with the Order of Court dated April 27, 2004, that more than twenty (20) days have now passed since service of the Complaint, and that such Defendants have not answered the complaint, entered an appearance or contacted Plaintiff's attorneys, either personally or through counsel or any other person;

NOW THEREFORE, upon motion of Plaintiff, it is ORDERED AND DIRECTED that the following Defendants: Benjamin H. Pittman; Laura E. Jones; G. Bryon McClusky; Dea C. Sweet; Beryl Haynes; Diane (a.k.a. Debbie) Heierding; William McClaughlin; Connie Pittman; The devisees, administrators, executors, heirs and assigns of Margrete Pittman, deceased; The devisees, administrators, executors, heirs and assigns of Raymond Pittman, deceased; and The devisees, administrators, executors, heirs and assigns of Virginia Heierding, deceased; and their heirs, successors, devisees, administrators, executors and assigns,

and all other persons, firms, partnerships, or corporate or other entities claiming any right, title, interest claim or demand whatsoever in and to the property described in Plaintiff's Complaint, and others generally, be forever barred from asserting any right, title, interest, claim or lien in or against said property, which consists of:

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, being more particularly described as follows: All of that piece, parcel or tract of land bounded and described as follows: Bounded on the West by land formerly of William Tonkin, and then of J.H. Farrell; on the North by lands formerly of William Tonkin, now a public road; on the East by lands formerly of Thaddeus Douglass, and then of J.A. Douglas; and on the South by lands formerly of Martin Armstrong and heirs of Rebecca Stiffler, then of J.A. Douglass. Containing 100 acres, more or less. SAID PIECE, parcel or tract of land sometimes being bounded and described as follows: Beginning at an iron pin set, in the centerline of SR 1026 a/k/a Cherry Tree Road leading from Hillsdale to Cherry Tree, said point being the Northwest corner of land now or formerly of Cebirt M. O'Harrah, Jr., and being the Northeast corner of the herein described parcel; thence along land now or formerly of Cebirt M. O'Harrah, Jr. South 02¼ 01' 50" West 24.88 feet to an iron pin; thence along same South 02¼ 01' 50" West 2,333.94 feet to an iron pin in concrete; thence along land now or formerly of John D. Hollway and/or land now or formerly of Billy L. Rickard North 87¼ 40' 15" West 485.06 feet to an iron pin in concrete; thence along same North 87¼ 40' 15" West 340.63 feet to a pipe; thence along land now or formerly of Charles T. Bootman North 02¼ 01' 35" East 2,554.33 feet to an iron pin in concrete; thence along same North 02¼ 01' 35" East 25.31 feet to an iron pin in the centerline of Cherry Tree Road; thence along the centerline of Cherry Tree Road South 86¼ 12' 20" East 918.20 feet to a point; thence along same South 75¼ 22' 50" East 927.12 feet to the point of beginning.

Containing 105.144 Acres.

TOGETHER with the rights of ingress, egress and regress, into, upon, through, over, along and across the lands above described, for the purpose of examining and searching for, and of mining, manufacturing, and preparing the said coal for market, and of mining, manufacturing, and removing the same from the date hereof, and other coal which may hereafter be acquired by the said parties of the first part their heirs and assigns, and for these purposes to build roads, railroads, and drain upon and under the surface of said lands, and to locate and erect such chutes, tipples, buildings and other structures with the necessary curtilage as may be necessary and proper for the convenient use and working of the mines or works in connection therewith and with the right to deposit the dirt or waste of the said mines or works upon the surface convenient thereto, as well as a release of and from any and all damages to the surface of the land, the water therein or thereon, and buildings and improvements which may result by reason of taking and removing said coal.

THE ABOVE DESCRIBED TRACT sometimes being known or referred to as the Harvey Pittman Tract. And all or part of the above coal being identified in the Indiana County Tax Assessment Records as Coal Tax Parcel Number 32-001-100.

inconsistent with the right, title, claim and interest of Plaintiff Pennsylvania Mines, LLC, as set forth in the Complaint, unless said Defendants shall, within thirty (30) days of the entry of this Order, appear and bring an action in ejectment or other suitable action to show cause why the title of the Plaintiff should not be adjudicated and declared indefeasible as against all rights and claims whatsoever.

If such action is not taken within said thirty (30) day period, the prothonotary on praecipe of Plaintiff shall enter final judgment in favor of the Plaintiff and against said Defendants. Upon entry of final judgment, the Indiana County Prothonotary's Office shall cause a certified copy of this Order of Court to be recorded at the Indiana County Recorder's Office, with each of the Defendants indexed as the Grantor and Plaintiff Pennsylvania Mines, LLC indexed as the Grantee. The Plaintiff shall pay the costs related to such recording and indexing.

Service of Notice of this Order of Court as required by the Rules of Civil Procedure shall be made on the subject Defendants by publishing a copy of the Order in the same manner that the Complaint was served by publication under the Court's Order dated April 27, 2004.

BY THE COURT:

____________________________

William J. Martin,

President Judge

NOTICE

IF YOU WISH TO INITIATE AN ACTION IN EJECTMENT OR OTHER SUITABLE ACTION AS DIRECTED IN THE ORDER OF COURT, 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,

Attorney for Pennsylvania Mines, LLC.

Jul 14, 2004   04-01043