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HomeMy WebLinkAboutOC1970-0871 - ESTATE OF BAKERIN THE COUR T OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION HEARING ON PETITION BY GUAflDIAN FOR SALE OF MINOR'S REAL ESTATE UNDER REVISED PRICE ACT HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN IN RE: a minor . No.871 of 1970 ) ) ) ) ) ) ) and THE HONORABLE P.VINCENT MARINO, Judge of the said Court. ESTATE OF ROBERT ALLEN BAKER,~z~..I>-enzzbI11. i~zi:en~ ~irUI Q ..I~BEFORE: Q ::l., :t~til .' ~APPEARANCES: bIrII:o11.bIII:r~TIME: ou .Ic( ij ii:b.o CLYDE G.TEMP EST,ESQ.,of Monongahela Penna.,representing the Petitioner. Tuesday,September 22,1970,at 11:00 o'cloc A.M.,EDST. - 2 , I ! I N D E X <e WITNESS Direct By the Cou rt, I I :$JEAN BAKER MORRISON 3 11z0(>..>-MARTIN C.VOGEL 15UIz !zIIIII.ROBERT L.FRANTZ 20 25ig "z iUI.0(,~ tiii:.I-UIii-,./ 0( Uii ;:).., .:I:~l\I ai0:IIII-0:0II.III0: I-0:;:) 0u.,./ 0(I Uii:II.0 I .- I I --~-----_._---- THE COURT: MR.TEMPEST: Mr.Tempest? If the Court please,Now has been the tim e set 3 for a hearing in regards to the estate of Robert Allen Baker.And a Petition for the appointment of a guardian has beenn filed at 871 of 1970 in the Orphans'Court Division of this Court.Also,if the Court please,I have prepared a Petition by~aguardianfor the sale of certain coal that is situate in Greene County,Pennsylvania.And if possible,I would like to present testimony to substantiate both of thE Pjelitioner:s;;one being the Petition for the appointment of the guardic n and also authorization by the guardian,whoever that may be,to sell the minor child's interest in the coal. I would like to first call the natural mother of Robert Allen Baker,the minor person involved. THE COURT: matters. Very well.We will hear testimony in both JE~N BAKER MORRISON IS CALLED AND SWORN. EXAMINATION BY MR.TEMPEST: Q Will you stateyour full name pleas,e? A Mrs.Jean Morrison. Q And how are you related to Robert Allen Baker? A I am his mother. Q Areyou presently married? A Yes. QC;Z What is yourhusband's name? A Earl Morrison. Q A Q A ::!z 0(Q>.J)0-Olz AzIIIII. i Q0...l!lZi:AVI0( ~ ..=Qu it...~Ac .J0(u QQ:J"l :t AI::.\\1 ui0:QIII... 0:0II.AIII0:...0::J Q0U .J0( U Aii:II.0 Q A Q A Where do you reside? R.D.1,Eighty-Four,Pa. Now what was the name of the natural father of Robert Allen Baker? Omar Evans Baker,Jr. As I understand,he was your huband and he has died.Is that correc ? Yes. What was the date of his death? January 3,1952 . How many children were born of your first marriage,Mrs.Morrisop-? One. Is that Robert Allen Baker? Yes. What is his age? He is 19. And what was the date of his birth? January 6,1951. Is he present today in Court? Yes. What is his occupation or what does he do presently? He goest to the Goodwin Institute in Pittsburgh to be a medical transcriber. Q Previous to this time,had anyone ever been appointed as a guardian of the estate of your son,Robert Allen Baker? A No. Q And you did file a petition with this Court for an appointment,is that correct? 5 A Q <l:Z<l:>...I>-Olz AzbID. i0 QI-eIZ:r AOl<l:~ ..=Quii1.. !!!Ac ...I<l:2 QQ::l"'l ~AN iii0::QbII-0::0D.bI A0:: I-0::::l0 Qu ...I<l:Uii:II.0 A Q Yes. Now could you tell us just generally why it is necessary for a guardi n to be appointed? Robert is the heir to the Baker family estate. He is an heir to certain properties,iliiJ that correct? Yes. Is this property a seam of coal? Yes. And the Petition states that it is located in Aleppo,Greene County,Pa. Yes. How did you become aware of this fact? I was approached by the Arch Land Company to buy this coal seam. And through the Arch Land Com pany you were informed of this fact. Is that corr:ect? Yes. Now haveyou checked back through the chain of title generally to determine where the source of title did arrive from where it began? Who were the previous owners,thatyou know of? A Well,they would be the Baker's. Q Are these the parents or the grandparents? Yes,the grandparents were the original owners. What were their names? Ira Baken and Laura Baker. From y,our knowledge and information,they were the owners of tfue::surface and the coal mineral rights under a piece of ground that is presently the subject matter of this petition.Is that correct? Yes Now is Laura and Ira living at the pres ent tim e? No.They are both deceased. And could you give me the dates of their death? Ira Baker died January 30,1958;and Laura Baker died September 2~, 1966. And they would be the great grandparents then of Robert Allen Bakel,is that right? That 1S right. Did theyliave surviving them any children? No. Laura and Ira? No. I think you misunderstand me.Did they have any children at all? Yes. But they were not surviving,is that correct? No.They are deceased. They predeceased their parents.Is that correct? 6 Yes. Now will you give me the names of their ch ildren? ',. Kenneth Baker and Omar Baker,Sr. They had two sons then? Yes. When did they die? Kenneth Baker died in 1940 and Omar Baker in 1930. Now taking each son separately,the son that was named Kenneth, was he married? No.He was unmarried. At the time he died he had no heirs,is that correct,other than his parents? Thatl s right. And his parents surviving him,is that correct? Yes. Now the other son,what was his name? Omar Evans Baker. And he prel:ieceased his parents,is that correct? Yes. Did he have any son surviving him or any children surviving him? Yes.Robert Baker. Was his wife surviving him? Yes. His wife surwiLvied··.him too? 7 A Q A Q-A ~Qz<>A.J>-enzzIII QII. i0l-I!) Z Xen<A~ 13 Qii:I-!II Q-.J A<0Q Q;:l., :t . ~N A ui II:IIII-<Q.0:0II.III0:AI-0:;:l 00 Q.J<0iL AII.0 -Q A Q Yes. And what was his son's name? Robert Baker. And the Robert Baker you are referring to,how is he related to you? He's my son. Robert Baker,Sr.,I'm sorry.He was your husband.Is that correc ? Omar Evans Baker,Jr.was my husband. Omar Baker,Sr.,the son of Ira and Laura,was your father-in-law is that correct? Yes. And when did he die? 1930. Am:l did he have any children? ':l Omar Baker,Jr. He had one son? Yes. And the Omar Baker,Jr.,how was he related to you? He was my husband. And you told me that he died,is that correct? Yes. And of that marriage,your first marriage,you had one son,Robert Allen Baker,is that correct? 8 A Yes. Q Therefore,both children of Laura and Ira and their only grandson a 1 i'- predeceased Laura Baker.Is that correct? Yes. So the only heir at law is Robert Allen Baker. Yes. Have you IT!ade any inquiry as to the value of the coal or the sale of the coal in this padicular area? Somewhat. And did you learn who was acquiring this particular coal s;eam in that area? Yes. Who was that? Arch Land Company. Was there any other prospective buyers of this coal? Yes. Who were they? I don't know. Are there other people interested in this coal? Not buying the coal,but they have bought property. There are other persons in the area selling coal to Ar.ich Land Com pany.Is that correct? Yes. Are these people owners of the coal adjacent to the coal that is the subject matter of this petition? A Yes. 9 10 Q Do you hnow what the coal is selling for to the other persons owning the coal around this particular tract? A Yes. Q What is the selling price? A $25.00 an acre. Q Is that what the Arch Land Company offered your son for this coal? A Yes. Q If the Court should determ me that a banking institution should be appointed as guardian of the estate of Robert Allen Baker,what bam would that be,Mrs.Morrison? A Western Pennsylvania. Q That wo uld be your selection.is that correct? A Yes. Q Haveyou talked to your son concerning the sale of this coal? A Yes. Q Does he have any objection to the sale of the coal thatyou know of', A No. Q If the coal were sold then your son would be the only person entitled to the proceeds from the sale of this coal.Is that correct? A Yes. Q Haveyou executed an agreement known as a Coal Option Agreement !Yith the Arch Land Company? A Yes. Q And do you recall who did sign that Option Agreement? A Q My son signed it and I also witnessed it. Do you understand that that Coal Option would not be effective unlesi therewas a guardian of the estate of your son appointed by:'this Cou t to execute such an agreement?Is that correct? 11 I A Yes. Q How many acres of coal is involved in the tract of land of which your son is an heir? A 230 acres. Q Then the total consideration for this particular coal seam is $5,750.)0 then.Is that correct? A Yes. Q I have no further ql estions at this time,Your Honor.If the Court h~s any questions of this witness,you can ask her. EXAMINATION BY THE COCRT: Q Mrs.Morrison,was your marriage to Mr.Baker your first marriage? A Yes. Q When Mr.Baker died,was there a settlement or administration of tis estate? A Yes. Q Was there an attorney who handled the estate? A Yes. Q That was in Gre ene County? 12 A Washington. Q Well,did it become known to you at that time that your formerhusba d was the owner of this seam of coal? A <e Q A 0(z0(Q>.J>-III Z ZIIID. i0 A..I'Z i QfIl; ti A ~..fIlQ Qe.J0( U AQ ::l., ~Q01 viII:AIII..II:0D.III QII:..II:::l0 A0 .J0(u Qii:IL0 A-Q No. What wasn't mentioned in the settlement of the estate? No. Did your son,Robert Allen Baker,receive any property by reason of the s ettleIY.'ent of that estate? Nol Did you receive any property? Personal property. Personal only? Only. Did your husband die intestate,that is without a will ? He had a will. And to whom did he leave his estate? Myself,Jean Morrison.Well,Jean Baker at the time. Did he leave all of his estate toyou? Yes. Who was the attorney that was involved foryou in the settlement of that estate? A Openheim. Q Louis Openheim? A ~s. Q But no mention was made of this seam of coal in Greene County? .----------:-:----------------------------------------:"-----, 13 A Q A Q -, A 0(z~Q.I>-IIIZz AIIIII. i0 Q..elZ i:III0( ~ I ti Aii: I ...III 0 Qe.I I 0(u0 A I :::l~ :I:~N ai0::. III..0::0II.III Q0:: I ..0:::::l00 .I0(u Aii:IL0 Q-A Q A Q A We knew of it,but it wasn't mentioned in the settlement of the estatE. You did know of it? Yes,we knew of it. Now after the estate was settlepi=U who paid the taxes on this coal from that time up to the present? Mrs.Baker.Mrs.Laura Baker. Who is Mrs.Laura Baker? His grandmother,who is deceased. But you say that your husband,Mr.Baker,in his will,devised all his estate to you? Yes. He didn It mention the boy? No. (At the direction of the Court,off-the-record discussion was not recorded by the stenograp her). Mrs.Morrison,you are now living in Nottingham Township of this county? That's right. With you rhusband? Yes. Then does this boy make his home with you and your husband? Yes. But he is attending school in Pittsburgh? Yes. ---------------------------------------------- Q A Does he commute everyday? No.He has an apartment. 14 Q In Pittsburgh ? A Yes. Q .So that from wha t you are able to discover,the persons who own tracts of coal in the vicinity of this tract are selling the vein of coal that we are interested in to the Arch Land Company at about $25.00 an acre? A Yes. Q Do you know whether your son would be the owner of any of the othe veins of coal under this tract of land? A He would,other than the vein that they are buying;it would be benea h. Q So that all yourreidisposing of now is this one vein of coal. A Yes. Q And your son has never had a guardian appointed for his estate? A No. Q I presume that at the time of the death of your husband,Mr.Baker, that there was no necessity for appointment of a guardian because nc estate was left to him. A That's right. Q All right.I believe that's all the questions the Court has. MR.TEMPEST:At this time lid like to call Martin C.Vogel. He's a Field Agent for the Arch Land Company of Washington,Pa. 15 MARTIN C.VOGEL IS CALLED AND SWORN. EXAMINATION BY MR.'llEMPEST: Q What is your full name? A Martin C.Vogel. Q Wheredo you :t'e$:id~,Mr.Vogel? A Cj In Waynesburgl Pa. Q What is your business or profession? A I'm an agent representing the Arch Land Company,Field Agent. Q And in that capacity,areyou familiar with the 230 acres of coal which is the subj ect matter of this proceeding? A Yes. Q .And haveyou or any employees of Arch Land Company run a title check on this particular coal seam? A Our abstracters in Greene County have run preliminary title on this particular tract of land.Did you say coal s.;e:am(or t~act of land? Q Tract of land and the coal s earn under this particular tract of land. A Yes. Q Do you know who the owners of the surface are?Well,let's put it this way~Strike that.Did your abstracters determine whether or not Robert Allen Baker owned any of the surface and/or any of the (oal under this particular piece of ground? A Well,they determined that he does not own any surface but just all the coal bther than Pittsburgh seam. Q Now why doesn't he own the Pittsh urgh seam? r------------,:-r-----~~~~--~~-----.----~~~~~~~~~~~~---------_,___-------, 16 A That was sold out in roughly 1900,1905. Q Now the particular seam of coal that the Arch Land Company is interested in is known as what? A It's known as Mapleton seam which is the way we are acquiring it. Mapleton or Sewickley is also a popular name for it. And the Sewickley and the Mapleton seam are one and the same searr s. Is that correct? .That s right. Now are there any other companies at the present time interested in buying this Ma pleton or Sewickley seam of coal that you know of? Not to my knowledge. How long has Arch Land Com pany been negotiating for the purchas e of this particular seam of coal? Since November of 1969. And have they made any acquisitions of this particular seam from ar y other owners? Yes. Did Arch Land Company have any particular amount of coal that they are interested in acquiring as to acreage? It is my understanding we are working on 50,000 acre block. And this 230 acres then is part of the 50,000 acre block that you are interested in.Is that correct? A Right. Q About how much of this 50.000 acre block has been purchased Or is 17 under option at the pre sent time,in percentages or give us a rough idea. A I dori't know that answer.I can say this,thatm ore than half of tAlepI=p 'rownship has been optioned.This I know. don't know the answer . But of the total area,I Q Either in your acquisitions or in your options,has a consideration teen mentioned,a purchase price? A Yes. Q And what has that purchase price been? A $25.00. Q Haveyou exercised any options for a greater amount than $25.00? A :Ih:e!r:e have been none.May I inject this?There have been no option l exercised.I believeyour question says have there been any exercisiilg to a greater figure,if that is tlieJV{,ay;yoot stated it.None have been exercised.We are in the process of options at the present time. Q Have an¥options been executed and actually signed by any pr9perty owners? A Options dfave . Q But none of the options have been taken up and actually deeds prepal ed for the various coal seams,this particular seam.Is that correct? A That is correct. Q Then it is my understanding that even though the option would be executed,is there a chance that the option would not be exercised then and the coal actually purchased? A Yes,there is this poss ibility. 18 Q Now the option agreement that you ha ve presented to Mrs.Morrison or Robert Allen Baker,is that for $25.00 an acre? A Yes. Q And the amount of coal is 230 acres of coal.Is that correct? A That is correct.There is also a period of time on this option,if thi~ would be of interest. Q What is the period of time on that option? A It's an 18 month period. QC Could you give us generally why thecptions are necessary at this timp ? A Well,yes.At this time there has never been t<OJ'our knowledge an actual core testing of the Mapleton coal in this area.And the option gives the company an opportunity and the right to core test to establ sh the depth of the s earn and the quality of the coal of this Mapleton seam.In other words,they are establishing if the owner has any coal,the quality of it before they would go ahead with the option. Q Haveyou had any difficulty with any person in that area in ac~qiring options for their coal? A Oh,yes. Q You have difficulty? A Yes,we have difficulties. Q Now I don't know whether I asked you or not,but is there anyone or any other corporation or agency attempting to acquire this coal, Sewickley vein of coal in that area? A Not that we know of. - <I:Z~ I ,J,>0-UIz I zIIIII. ie"z iUI<I:~ tiii:I-UIii-,J<I:Uiij.., ~III uiI:IIIl-I:0II.IIII: l-I:j 0u ,J<I:Uii:II.0 - 19 Q Now has this coal ever been assessed by the taxing authorities of Greene County for tax purposes? A Not in this area.Aleppo Township has ill Mapleton (coal assessmen. Q Do you have a reason for that? A It has had no value. Q Could it be that there is no Mapleton seam of coal in Aleppo'Townsr-ip ? Could that be a posBibility? A This is possible. Q So at this point then,you are merely asking for an option to be signed and whether or not the:;,eo'mpany exercises it is dependent upon whetter or not there is coal there and how thick it is and whether or not it wouId be economically feasib~€for the company to mine it.Is that correct? A That is correct.It is my understanding. Q What would be the term of the option thatyou would want from the Robert Allen Baker estate?, A It states 18 months. Q I thought I read 90 days som ewhere.Am I mistaken about tha t? A You must be,yes. Q It isn't 90 days? A No. Q That's all the qu estions I have of this witness. THE COURT: (Witness excused). The Court has no questions. MR.TEMPEST:I'd like to call Mr.Frantz. 20 (It 0(z0(>..I>-IIIZZIIIa. i0..czXIII~ tiit..III 0-..I0( ij 0::l., :I:t.III aiII::III..II::0a.IIIII::..II::::l0U ..I0( ij ii:...0 - ROBERT L.FRANTZ IS CALLED AND SWORN. EXA'IMINATION BY MR.TEMPEST: Q Could you state you r full name please? A Robert L.Rantz. Q Where do you reside? A Pitts.burgh,J?a. Q And what is your Gusiness or profession? A I'm Vice President of John T.Boyd Company. Q What business fis that firm associated with? A We are consulting mining engineers. Q In that capacity,have you made an investigation of the Sewickley seam of coal,partifh:~ularlyin Aleppo Township,Greene County,Pa.? A Yes . Q And for whom did you make such an inquiry or investigation? A Arch Land Company. Q Was that for the purpose of acquiring options in this~area,is that co~rect? A Yes. Q Could you describe the Sewickley vein of coal in this particular area as to its depth and soforth? A Well,it's approximately 800 to 1000 feet beneath the surface or dee er. And it occurs about 80 to 120 feet above the Pittsburgh seam. Q If this were to be mined,how would it have to be mined? - «Z~.I>-VI Z ZIIIa. i0~ClZ XVI«~ ti:~VIii-.I«ij ii;:) "'I ~01 vi0:~0:0II.III0: ~0:;:) 0U .I«ij ii:II.0 - 21 A It would have to be extracted by deep mining methods. Q And in order to make it economically practical to mine it,could you give us some idea of how much coal you would have to have in this vein to mine it? A To economically justify a modern mine installation,you would probably want to put in at least a two to three million ton a year mine.And you would want to have a minimum life of 20 to 25 years,so we wou d need at least 40 to 50 million tons of coal,which would mean probaby ten to fifteen thousand acres of coal would be the minimum that woul:1 be required. G"Then if a person would own,say,500 acres of coal,and that alone, it would not be practical nor would it be economically feas ible to mine it.Is that correct? A That is correct. Q So what we are talking about is a large volume of coal in order to make any of ittworth minigg.Is that Lorrect? A Yes. Q Is that what the Arch Land Company is attempting to do,acq.l ire a 1 rge block for this purpos e? A Yes,sir. Q Now in your capacity as armining engineer,do you know of any othe companies who are interested in acquiring this particular vein or tract of coal at this time? A To the bestof my knowledge,there is no one else trying to acquire this seam of coal in Aleppo Township. Q Now in your opinion,would you say that $25.00 an acre is a fain value for this coal in the Sewickley vein? We have not made a study of the Va:lu=aspect of this.I can say that this is the same price that is being paid to everyone else in Aleppo Township. Now in surrounding areas,around Aleppo Township,is this vein of coal sJl:l:~:b.l~toyour knowledge? To the best of my knowledge,this is the first major undertaking in that area in the Aleppo area to put together a block of this coal. Are you familiar with this vein of coal in any other counties? Yes. And are you familiar with the sale of this coal in any other co mties I? Yes,sir. And what has been the selling price of an l2l.cre of coal,this particulc r coal in other counties? It would be in this general range. What is the highest price thatyou know of? Well,the price would be influenced by the closeness to mining.But in the circumstances where the people have a mine in a closer proximity th it might go as high as $35.00.Ireally don't have a lot of f;iigurei3. ju st readily available without th e us e of ifiles. Q Has it ever been sold for less than $25.00 an acre to your knowledgl ? A Oh,yes.I would say that is quite possible. 22 23 Q And do you know of any instances where it was sold for less in any 0 her counties or even in Greene County? A Q Yes. In what counties has this particular coal been sold for less than $25.00 an acre? THE COURT:You mean in what townships? «Z«A>~UlZ ZbI0. i Q0l-ezi AUl«~ ti Qa:I-Ul Q-.J0( UQ::l., ~A01 iiiII:1:1l-II:00.11/II: l-II:::l 0U .J0(u QiLI&,0 -A Q A Q I could not identify the townships.This coal was mined down near Fairmont,Morgantown,and in that area along the river. And has sold for less than $25.00 an acre? Yes,sir. Now this particular county known as Aleppo,I'm sorry,Aleppo TOWILShip, couldyou give us the geographical location of this township in Greene County? Well,it s in the Southwestern corner of the county North of Rich Hi!. And this particular tract is about four miles East of the West Virgin a line of Marshall County and about seven miles North of the Whetzel County line of West Virginia. If you know,is the Arch Land Company attempting to acquire option on this vein of coal in West Virginia? Well,it covers a large geographical area. Does it include West Virginia too as well as lPennsylvania ? It could extent that far. Was your company retained by the Arch Land Company to make a survey of this coal or what was the purpose of your association with 24 Arch Land Company';- A Our purpose is to assist in the preparation of plans and to prepare more or less field information so that their men can work with the properties;and to m ore or less coordinate the information that wou d I -Q :$zcl:>.J>-mzz IIIII. i A0I-elZx QUlcl:~ ..=uitI-!!!Ac-.Jcl:0 QQ :J"l X/:.(II ai 0:AIIII-0:0II.QIII0: I-0::J0U .J«Uii:II.0 A e be gathered on the coal. Do you know of any agency or any person that could be contacted for the pur [X)se of determining the value or the selling price of an acre of coal in this area? No,sir. Is there such an organization existing or a corporate entity which would be established for this purpose?Do you know of any? No,I do not. If you know,just how would $25.00 an acre be established?Do you have any idea how this may come about? I really canIt say. The only thing you have s'aid then is this has been generally the pric:' around which coal has been sold.This has been the usual and norme 1 selling ;price.Is tha t correct? Thereare ways of making engineering studies,but to make these studies you have to have information or presumed information of such thines as coal thickness,when coal could possibly be mined and general economic factors which we really do not have factually at this time concerning this coal down there.So really,the factual information is not available to make this sort of economic analysis. ------------.-.------------------_._.-- --------------------,----------, 25 Q q Now in Aleppo Township,do you know what percentage of this coal. is under optiidnn agreement? A Well,I know it's more than half. Q Do you have personal knowledge of that? A Yes. Q And ia·iTe aPlilithose::::options based on $25.00 an acre? A Yes,sir. Q That's all the questions I have,Your Honor. EXAMINATION BY THE COURT: Q Mr.Frantz,would your company be the one who would try to get s am pIe borings for this s earn of coal to see what is in there or i that work of the Arch Land Company? A We are doing that. Q And haveyou done that in tracts of land which are adjoining or close 0 this tract of land? A I don It think there are any real close tracts of land. Q What is the closest that you know of to this tract of land where you have taken sample borings? A It would be a number of miles away,sir.I really am not sure just-- that part of our program has really not fUlly gotten started yet. Q Well,in the part that you have already done and the borings that you have already taken,what do you find the thickness of this seam to 26 generally be? A Q A ~z«>.J>-IIIZ~Q 11. ig Clz:i:~A ~ t Q~IIIo .J«§ o A:J., fN Q uiII:~A o11.IIIa: I-a::J8 (~ .J«oiLII.o Q Well.it would vary probably between three and five feet. .Rnd how does that compare with the Pittsburgh seam in that vicinity The Pittsburgh would be - --here again.there is no drilling informat"on in Aleppo to the best of my knowledge.The general thickness of Pittsburgh Coal would range anywhere from--I'm speaking about the general area---probably five to seven or as much as eight feet. Now with respect to the Pittsburgh seam of coal in Aleppo Township has the Pittsburgh seam of coal been mined in that township? No.sir. And is the Arch Land Company acquiring,in addition to the Sewicklr=Y seam.the Pittsburgh seam of coal in that townsh ip ? No.sir. Who owns generally the Pittsburgh seam in that township? I can't answer that.sir.I would think that quite a bit of it is still perhaps unseparated.It's getting into the deeper portion of the field I would further add that probably the portion that has been separated perhaps would be owned by the Pennsylvania Railroad through one of their land companies . You state that it would be economically feasible to mine a tract of about ten to fifteen thousand acres.But the rArch Land Company is trying to secure a block of about 50,000 acres.Is that right? I I I I A I stated that in modern mining probably the smallest economic unit that we would think of would be two to three million tons.Now you "~~~~~~~..----~~~~~~~~~~~--- could open up much larger amounts.But you have,because of the large capital investment,in slopes and shafts and preparation plan and things of this sort,there is a minimum size that you can justify the capital expenditure. 27 Q That would be about ten or fiJteen thousand acres. A Yes,sir. ~z~Q...>-IIIZZIIIII. ioI-l!lZX Ul; ti A ~Ulii Q...c( § o:J., £AIII uiII:~Qa:oa.IIIII: l-II: 5 Au...c( i3 QEo A Now do you know whether or not the Arch Land Company proposes to take up its options that it has in Aleppo Township and is securing if it is unable to get a total of about 50,000 acre block fuurttonly gets somewhere around 15 or 20,000 acres? I don't know. Is the Arch Land Company actively engaged in securing options on any other seam than the Sewickley seam? Not to the best of my knowledge. The seam of the Sewickley seam ~Aleppo Township could very easily be mined fro,m West Virginia portals,could it not? Certainly a portion of it could. Is the Arch Land Company a subsidiary of any other land company or corporation? I think that would be privileged informa tion. Q Well,I am not asking you to identify the corporation.I am just asking you whether or not they are a subsidiary of such. A All right,sir.Yes,sir. Q And whether or not the Arch Land Company exercises its right of A-Q ~z~A.J>-UIZZIIIII. ig t'ziUI~ ..:0 Qii:I-UI Ce.Jc( i3C A::l., :rt:N Qvie:11/l-e:0II.11/a:Al-e:::l 00 Q.Jc( i3ii:AII.0 -Q A Q 28 option on the options that it receives could and probably would be determined by the parent company and not by the subsidiary.Isn't t at so? I can't say. Is your corn pany associated in this type of endeavor with any other I nd company? We are independent mining consultants;and as such,we regularly w rk for people in the acquiring and developing of reserves.So I think to answer your question is that we have worked in this type of capacity before,sir. But areyou working in this capacity with any other company in this vicinity now? No,sir. How do you propose to secure the rights or privileges to carry out your test borings for this seam of coal with the owners of the surfa:e:e? Through the use oJ the option. The optionors don't own the surface. In that case the right would have to be gotten if a test hole were tocb drilled. From the owners of the surface? Yes. Would you necessarily have test drillings on this individual particul tract,230 acres? A Not necessarily. - c(z c(>..>-UIZZIIIII. i0I-"Z:rUIc( :J: ~ irI-UIQ-..c( UC::J"l :J: l:-N iiiIrIIII-D:0II.111D: I-D:::J0U..c( ij ii:II.0 - 29 Q If you had sufficient borings in the vicinity of this tract,you could calculate from those borings what this seam wruld be. A Yes. Q A nd you do have a calculation right now,even though your borings a e four or five miles away,do you not? A Actually,the boring program has really not gotten started yet until the options have been pretty much acqu ired and the same price is being used everywhere. Q Well,let 's suppose that a boring showed this tract of coal,the borir g having been made on this,'230 acre tracb,let's suppose that it shows a seam twice the thickness of the other portions of this seam in othe townships.Is there going to be any adjustment made for that eventufl.lity? A Well,what it boils down to is that it requires all of a certain area of coal to make the mining unit.So all this coal becomes equally valuable to the total minigg operation.And therefore,it is approach:>d on an equal price. Q Regardless of the thickness of the vein? A On an initial basis,yes,sir. Q But ifyou found the vein to be of lesser thickness than the averR:ge, then you wouldn't exercis e your option at all,is that so? A Well,this is a decision that I coutdb~'tt sit here and make because mines are made up of some coal which is greater than average and some coal which is lesser than average.So it takes all of the coal tc be brought together to be an economic mining unit. 30 Q Is there any provision at all in this option for paym ent of anything to the coal owner,should the company decide not to exercise its option? A The sum of $1.00 was paid to acquire the option. Q If,at the end of 18 months the land company decides not to exercise the option,there is no further payment to the owner? A No,sir. .. 0(z~Q That's all the questions the Court has.g z~MR.TEMPEST:If the Court please,the option that was prese ted II. ie to the Baker's,they received $1.00 an acre or $230.00,and that was I!lzi Ul for the option.~ boy any questions concerning this? MR.TEMPEST: than the $230.00. So there would be no further payment,other Does the Court desire to ask the minorNo. t THE COURT: ~C ..I0( UC::l., ~01 time to qu est ion the minor.Doyou have,sir,the Petition for appo'nt- MR.TEMPEST: ment of a guardian? iii~THE COURT: 0:~III0:..0:::loU ..I0( Uii:II.o No.I don't think there is any necessity at this I believe the Court has that Petition and I havE a Petition prepared here for the sale.Actually,I prepared a pre- liminary order for the---well,it's a suggested order rather,autho izing the guardian,whoe ver it may be,to execute such option agreement as may be necessary,in accordance with a copy of the option I attached to this. (At the direction of Mr.Terrn.l1U:i:t,off-the-record discussion was not recorded by the stenographer). (Proceedings Closed). j • «Z~I hereby certify that the proceedings and evidence are containe. g ~fully and accurat ely in the notes taken by me on the hearing of the above 1:1Do ~cause,and that this copy is a correct transcript of the same. I!Iz Xtll~ tiit toQ ..I0( UQ :J., .:z: 5 ai~The foregoing record of the proceedings upon the hearing of ~fIII the above cause is hereby approved and directed to be filed. lI: l-ll::JoU ..I0( Uii:11..o J./' October 2,19rO Clyde Tempest,Eoqulre 223 S.:cond Street ~.~onon{:allcta..rennsylvanta 150c.3 In Re:~ateto of Roboj,"t I'llen Ba!ter I n minor. No.871 oi 1~i70 Dour 1}Er.Tempest: I am returning Fctition for Appotntn:cnt of Cuardian tn the above matter.You mas t'J ish to have the \:cstcrn.'cnnsylvanla .LJD.t~onal Bank'eXE;Culo the corJ3cnl to act as guardinn;than you may ~.dd Q.short ~'aragt"apb arJ1=.oit.ttot!th<)Banlt~.s guardiao:er.d I shan co glad to e~tecute same.', .. 1 am alsQ ancloslflg'yoUl"r eltUon 1'01"Lesvcto,Sell the J>!tn:>i:'S Regl b..Jto.te.Tho decr~\'Ihichyou hLlvo appended to thts l)OUt1on is one YJhleh orders the snt~of this property of the ~inor , but jo03 not specifically menUon the option cgrcoment.Atthouqh it nppecra that the mothGL"(probably aCUng sa the ncturat guerdlan) toolr it upon herself to e2teculo the opttonagreem~nt ~.lth tho Irch Ul,lld Company,tha proper method is to have tho guardian onocute such c.grcoment. Kindly draw a.deCrc.3 authorizing the J3an~to C'tecuto sa.id.option agreoment 9.nd.if th~"t-itiOn is e~orols~uJ to executo such ciocuments O.G may be nccossci..·y to convey title.It you ~Ji 11 retu~"n these potitions to me,Iohnll be gle.d to OAocuta ~o.me. Very truly yOU1'S J • Vincant MDJ:tuo J. PVI~/vh Enclosures j ". IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:) ) APPOINTMENT OF A GUARDIAN)No. FOR THE ESTATE OF ROBERT ) ALLEN BAKER ) of 1970 PRAECIPE FOR APPEARANCE TO RUSSELL MARINO,Register of Wills: Please enter our appearance for the Petitioner in the above captioned matter. DATED:~e~;t ct.,)<\J O_ TEMPEST &SIMMONS 223 SECOND STREET MONONGAHEL.A,PA. PETITION FOR APPOINTMENT OF GUARDIAN TO THE HONORABLE P.V.MARINO,President Judge of said Court: The Petition of Jean Baker Morrison respectfully represents: 1.That Jean Baker Morrison is an adult individual whose residence is located at Nottingham Township and whose Post Office address is R.D.#1,Eighty-Four,Pennsylvania,15330,and that she is the Mother of Robert Allen Baker,a minor,whose estate is the ~ubject matter of this Petition. 2.That Robert Allen fuker is 19 years of age,having been ro~n on January 6,1951,and whose residence IS at Nottingham Town- ShIp,and whose Post Offfce address is known as R.D.#1,Eighty-~our,Pennsylvania,15330.' TEMPEST &SIMMONS 223 SECOND STREET MONONGAHELA.PA. " 3.That the said Robert Allen Baker is the heir to approximately 230 acres of coal located at the Mapleton seam under lying a certain tract of land situate in Aleppo,Greene County, Pennsylvania. 4.That the Arch Land Company,a Delaware corporation with an office in the City of Washington,Washington County,Penn- sylvania,has agreed to pay to the said Robert Allen Baker the sum of $25.00 an acre for the said 230 acres of coal provided,however, that a guardian of his estate be dUly appointed by the Orphans' Court of Washington County,Pennsylvania. 5.That a copy of the coal option agreement which is to be executed by the guardian of the Estate of Robert Allen Baker and the Arch Land Company,hereinabove referred to,is attached hereto and made a part hereof and marked Exhibit "Alt. 6.That the only person entitled to the proceeds from the sale of the coal is the said Robert Allen Baker,a minor. 7.That the total proceeds to be derived from the sale of this coAl is in the amount of $5,750.00. 8.That no Court has ever assumed jurisdiction in this matter nor has any guardian been appointed as guardian for the Estate of Robert Allen Baker in this or any other jurisdiction. WHEREFORE,the Petitioner herein prays that this Honor- able Court appoint a duly qualified guardian of the Estate of Rober lIen Baker,a minor,under such terms and conditions as may be ! required by the laws of the Commonwealth of Pennsylvania. ---------------------------------~-- .. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF WASHINGTON ) SS: TEMPEST 8<SIMMONS 223 SECOND STREET MONONGAHELA.PA. .Before me,a Notary Public,in and for said Commonwealth and County,personally appeared JEAN BAKER MORRISON,who,being duly sworn according to l~w,deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge and belief. Baker Morrison SWORN to and subscribed before me this g;1 day of~~ 1970. c§4 Qi?'i.3~Notary PublIC My Commission Expires: ETHEL R.BARKEY.NOTAftY PUBLIC MO~O~GAHELA,WASHINGTON COUNTf MY COMMliSI8N EXPIRES·APRIL 9.1!173 ~;.feMSJlvalliaAssociationof No~{81 &,.,._- ,.;. -----------------------.----------. .IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS COURT DIVISION IN RE: APPOINTMENT OF A GUARDIAN FOR THE ESTATE OF ROBERT ALLEN BAKER,a Minor NO.871 of 1970 CONSENT TO ACT AS GUARDIAN The undersigned does hereby state that he has been presented with a Petition for the Appointment of a Guardian in the above captioned matter and that he does hereby consent to act as guardian for the purposes set forth in said Petition for the Estate of Robert Allen Baker,a Minor,and to serve as such guardian in accordance with the Laws of the Commonwealth of Pennsylvania appertaining thereto. ORDER APPOINTING GUARDIAN AND NOW,this ~day of ~~~+-~~~,1971, pursuant to the Petition for the Appointment L ardian and the above Consent it is Ordered that Paul M.Petro,Attorney,be appointed for the Guardian of the Estate of Robert Allen Baker, TEMPEST Be SIMMONS 223 SECOND STREIlT MONONGAHELA.PA. a Minor. ,..'.'. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY"PENNSYLVANIA ORPHANS~COURT DIVISION IN RE:) ) APPOINTMENT OF A GUARDIAN)No. FOR THE ESTATE OF ROBERT ) ALLEN BAKER ) of 1970 PRELIMINARY ORDER i?t AND NOW,this F-day of upon consideration of the within Petition Motion of Tempest &Simmons,Attorneys for Petitioner,IT IS ORDERED AND DECREED that a hearing in this matter be held in the Orphans'Court Division proceeding be notified by the Petitioner to County,Pennsylvania, directed that any and all persons /1."~'~ It 1S of the Court of Common on the ~day of -_4i:.u~~~~~:1...~'1970,at o'clock,-4-,M, interested in this appear and be heard as is required by f TEMPEST &SIMMONS 223 SECOND STREET MONONGAHELA.PA. .. -, ••o!" IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION Nn _<.t "7 1_____.n -F 1 q 7 n IN RE: APPOINTMENT OF A GUARDIAN FOR THE ESTATE OF ROBERT ALLEN BAKER, . PETITION FOR APPOINTMENT OF A GUARDIAN 1 ~ ~ ,. •l' lJ ,-<- )..;.-If) -oJ ~ r~• ,~"J, °1 ~~~~~1~1~'\\).J~~EMPEST &SIMMONS ~~ATTORNEYS AT LAW ~~223 SECOND STREET I ~()tpNONGAHELA,PA.15063 ~I d..3---~-// .,,. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION In Re:) ) ESTATE OF ROBERT ALLEN BAKER,)No. a minor,) 9>J ,of 1970 PRAECIPE FOR APPEARANCE TO RUSSELL MARINO,Register of Wills: Please enter our appearance for the Petitioner in the above captioned matter. Dated:~'2:1-.\tj,O TEMPEST &SIMMONS 223 SECOND STREET MONONGAHELA.PA. PETITION BY GUARDIAN FOR SALE OF MINOR'S REAL ESTATE UNDER REVISED PRICE ACT TO THE HONORABLE P.V.MARINO,President Judge of said Court: The Petition of Jean Baker Morrison Respectfully repre- sents: 1.That your Petitioner,Jean Baker Morrison,is an adult individual whose residence is located in Nottingham Townshi~ and whose Post Office address is R.D.#1,Eighty-Four,PennsYlvan~a 15330,and that she is the Mother of Robert Allen Baker,a minor, whose estate is the subject matter of this Petition. 2.That Robert Allen Baker is 19 years of age,having been born on January 6,1951. ., TEMPEST 8<SIMMONS 223 SECOND STREET MONONGAHELA.PA. .,'. 3.That <4(A\}\c 1'\,2 Eli?.<::)I X S~was appointed as guardian of the Estate of the said Robert Allen Baker,a minor, MAY I~ilbyDecreeofCourtdatedthedayofSepti~*er,1~,and filed at the above number and term. 4.That the said Robert Allen Baker,a minor,IS the sole owner of 230 acres of the Mapleton seam of coal located under a certain tract of land situate in Aleppo,Greene County,Pennsyl- vania,and more particularly described in a coal option agreement dated May 20,1970,and attached to this Petition as Exhibit "A" and made a part hereof. 5.That the said minor,Robert Allen Baker,has been offered the sum of $25.00 for each acre of coal under the above referred to real estate by the Arch Land Company,a Delaware cor- poration with an office in the City of Washington,Washington County,Pennsylvania,or a total sum of $5,750.00. 6.This Petition is filed on behalf of said minor inasmuch as said minor does not have the authority to sell,at private sale,the Mapleton seam of coal which he presently owns individually. 7.That your Petitioner desires to sell the said seam of coal at private sale to the Arch Land Company for $25.00 an acre in accordance with the option agreement attached hereto as Exhibit "A". 8.A private sale of said seam of coal is in the best interest of the minor's estate and to the interest and advantage of all interested therein.The said Arch Land Company is the owner of the Mapleton seam of coal adjacent to the coal owned by said minor and said coal could not be profitably mined by any other person or corporation other than the person or corporation owning the adjacent coal. 2 • .'l •I 9.That the only person who would be entitled to the proceeds from the sale of the coal would be the minor,Robert Allen Baker. 10.That all persons interested in the subject matter of this Petition will appear in open Court for the purpose of giving relevant testimony concerning this Petition. WHEREFORE,the Petitioner requests the Court to grant the guardian leave to sell the Mapleton seam of coal which is describe herein at private sale upon the terms set forth herein and to have the guardian of the Estate of Robert Allen Baker hold the proceeds of such sale under such terms and conditions as the Court may direct. Respectfully submitted, TEMPEST &SIMMONS TEMPEST &SIMMONS 223 SECOND STREET MONONGAHELA,PA. 3. ,_,.G._•• COAL OPTION .,I " MADE'.IIoIMll!o~~....21'.10~,1930 BETWEEN '.. Hereinafter collectively called "Owner," AND ARCH LAND COMPANY,a Delaware Corporation with an office in the City of Washington,County of Washington and Commonwealth of Pennsylvania. hereinafter called "Company." WITNESSETH THAT: • ,.,.~. I!'I tI 1I. t I II ! !. option .'granted rights granted as part of ' option Owner,intending to be legally bound hereby,and in consideration of b HunCirOd Thir'tyoc:,c:WC.e;lelDb Dollars ($230000 )in hand paid,receipt whereof is hereby acknowl- edged by Owner,does give and grant unto Company,its successors and assigns,the option and privilege of purchasing all of the coal of the Map1etown seam and other minerals mixed with such coal and which may be removed incidental to the re- mova1'of said Map1etown seam of coal in and underlying all that certain tract of land situate in ~,County of Az:oen ,State of ~'on the waters of ,0 ae as follows: On the North by land of mbin B~58""'.1ii@.......---- On the East by land of !F'enk Pi omM On the South by land of Jte&J11no So Lommgn On the West by land of m1&A 0,Pilson Cont~ining approximately 230 Acres. TOGETHER WITH the right to deep mine and remove all of said coal and the free and uninterrupted right of way into, upon,through and under tlie said land at"such points and in such manner as may be convenient or necessary for the purpose of.mining and removing said coal and other coal now mmed or hereafter acquired by Company,its successors and assigns, including the right to dig,excavate,deep mine,drain,venti- late,transport and carry away said coal and other materials and other coal and materials from and under other lands,now owned or which may hereafter be acquired by Company,its successors and assigns,by any mining methods or machinery now or hereafter employed without being required to leave or provide subjacent or lateral support for the strata or surface or anything therein,thereon or thereunder,including structures or improvements now or hereafter erected thereon;hereby waiving and releasing for any damage whatsoever to the overlying surface, or to anything therein or thereon,or to the springs and watercourses thereof,arising from the removal of said coal and said other coal and materials by the Company,its successors and assigns,or arising from any and all physical conditions now present or which may here- after develop in,about and/or above said coal seams or the horizons thereof;and the right to,maintain ways,passages and watercourses through said coal for the transportation,removal,processing, marketing,and drainage of the coal produced from this and other lands or seams of coal now owned or hereafter acquired by Company, its successors and 'assigns. ,f :; )' I..:...-----:...;.f·'_-':..:.,:'"_'__E_·~I\;....;;H;.;....,__i...:::.[j~)_'_-r,-"-._(---'(fl..L.',_)_)__~_'~'...Pa2e 1 subsidence and land conservation legislation testing and exploration option price option term exercise of, option I' failure to exercise option Anything herein to the contrary notwithstanding) support protection shall be provided for all dwellings used for human habitation and public buildings as provided in any applicable statutes. Owner hereby grants to Company)its successors and assigns,the exclusive right to enter upon said land at any time during the term of this option)with such equipment as may be necessary or appropriate)for the purpose of exploring and testing the same for coal or suo-surface conditions by drilling.Owner shall be reasonably compensated by the Company for any damage to growing crops,fences and merchantable timber caused by such exploration and testing. Company,its successors and assigns,shall have the right to purchase at any time during the term of this option all of said coal and other minerals mixed with such coal underlying the tract above bounded at a price of twenty-five Dollars ($25.00)per acre,less any sums previously paid to Owner for the within option with such acreage to be determined by survey,at the option of Company.The option -price paid to owner shall constitute full payment for all rights in said coal and other minerals mixed with such coal.It is understood and agreed that there shall be no reduction in acreage or deduction in purchase price due to the existence of roads,rights of way or easements across,through or in said tract of land. It is understood that the above coal and mining rights are subject to the mining rights appurtenant to the Pittsburgh seam of coal which has heretofore been conveyed, and subject to any existing oil and gas leases of record. This option shall be for a term of eighteen (18) months'from the date hereof. Company may at any time during the term of this option exercise this option by mailing to the address of Owner as hereinabove set forth written notice of such exercise which shall specify the time and place of closing.The time of closing shall not be less than ten (10)days nor more than ninety (90)days after the mailing of such notice. Upon the exercise of such option and at closing,Owner shall grant and convey unto Company,its successors or assigns) by deed of general warranty free and cl~ar of all liens and encumbrances good and marketable title to all the aforesaid coal and other minerals mixed with such coal,together with mining rights and privileges as above set forth.Company shall pay the purchase price therefore in cash or by check at closing upon delivery of said deed. In the event that Company shall elect not to exercise this option during the term thereof,then this Option Agreement shall be null and void and the parties hereto shall be mutually released from all obligations here- under,except for damage caused by drilling aforesaid. 'j , ,\ ,( j 1 " ;I ,< ; '1;, •~ 1 ~;,, i I Page 2 failure to convey good and market- able title transfer tax stamps costs to be borne by C09lpany enurement If after acceptance of the option herein granted, Owner,his (their)heirs,personal representatives or assigns, shall be unable to convey good and marketable title satisfactory to Company to the above described ~oal and mining rights,this Option Agreement may be terminated by Company without further liability or,in the alternative,Company may elect to pay to owner his pro rata share of the option price based upon owner's fractional interest in the title to said coal and mining rights; provided,that if title examination shall disclose a failure of Owner's title to any or all of said coal,Company is hereby granted the further right and option to purchase any mining rights,easements,releases or waivers of surface support which Owner may nevertheless own as appurtenant to its ownership of the land above bounded at a price of twenty-five Dollars ($25.00) per acre. Owner,his (their)heirs,personal representatives and assigns,shall be responsible for all State and local documentary and real estate transfer tax stamps which may be due upon the deed or transaction. Company shall be responsible for examination of title,survey (if needed),preparation of deed and recording costs. This Option Agreement shall be binding upon and enure to the benefit of the parties hereto,and to their nominees,heirs,personal representatives,successors and assigns. IN WITNESS WHEREOF,this Agreement has been duly executed under seal the day and year first above written. WITNESS: • -~...._ - r ..• i i .\ -,,! ________________________(SEAL) " __________________________(SEAL)~ •.-' ________________________(SEAL) (SEAL) ··1 (SEAL) "1(SEAL)~I. < :j !1 ~ 'II:jl ~ 1 Page 3 .." ..., '. CERTIFICATE OF RESIDENCE .."... For Penna. I,__. do hereby certify that Owner's precise.residence is __._ WIT:NESS my hand this day of ,19 . ..c'...o.tlJ~_.... c:.>c<:l'-e bIl 0:::P-.c<:l >,~~::©l:l-o r-IZc<:.0 c<:l 0Ot=J ~c 'O~~C""\ ~>-0 v ....I.l',,....-....c<:l r-I-.....2..~c<:l>.p.©b 0..v ..El 0 .E 0 2 t::0 ,0 C""\~e o 0..c.;..,&-<u C""\Q)0 ui3 00-oU ~t::c.j r-I '0 '><......E-<•.-1 j 0 s::~c '"~-<.-~j:Q 0~8 c ~to....o-::-:l~.....>(4 t::Vl,2:;. ...c~~v ~>,~0 s::~u ......E ~~().'.-1 :-.'".~~ll.~-e <:c::J C C <C/)c:.>©~.t ~C)~-e ....:VlCP-....0 c;..,~0 U ;;..-....v-a~Q.I :EO;..,.j"r-.o-r-:;:l , _.0 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF f SS: Recorded on this day of _. A.D.19 ~..,in the Recorder's office of the said County,in Deed Book, Volume ,page . Given under my hand and the seal of the said office,the day and year aforesaid. Recorder. TEMPEST Be SIMMONS 223 SECOND STREET MONONGAHELA.PA. COMMONWEALTH OF PENNSYLVANIA) )SS: COUNTY OF WASHINGTON ) Before me,a Notary Public,in and for said Commonwealth and County,personally appeared JEAN BAKER MORRISON,who,being duly sworn according to law,deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge and belief. SWORN to and subscribed before J ~.,me thisk =---day of September, ~~~~NOtaryPUbli CLYDE G.TEMPEST.NOTARY PUBLIC MONONGAHELA,WASHINGTON COUNTY MY COMMISSION EXPIRES APR.12.1973 Member,Pennsylvania'AssQciationof Notaries l IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS COURT DIVISION . IN RE: APPOINTMENT OF A GUARDIAN FOR THE ESTATE OF ROBERT ALLEN BAKER,a Minor. DECREE NO.871 of 1970 AND NOW,this~day of ~~~~T__,1971,upon consideration of the foregoing Petition,a full hearing being held in this Court concerning the subje Petition,it is, matter of said TEMPEST &SIMMONS 223 SECOND STREET MONONGAHELA.PA. ORDERED AND DECREED,that Attorney Paul M.Petro,as Guardian of the Estate of Robert Allen Baker,a Minor,execute an Option Agreement with the Arch Land Company,in accordance with said Petition and if the said Arch Land Company exercises the Option then the said Paul M.Petro,Esq.shall be authorized to have prepared and to execute such documents as may be necessary to convey good title to the said Arch Land Company.Paul M. Petrp,Esq.,as Guardian of the Estate of Robert Allen Baker is also authorized to receive the proceeds of the sale and to deposit said proceeds in a savings account where they shall be held for the said Robert Allen Baker until he attains the age of 21 years on January 6,1972,or until further order of this Court. •, I I;<-----I • J ~ ./ IN THE COURT OF COMMON PLEA~ OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION No.871 of 1970 IN RE: ESTATE OF ROBERT ALLEN BAKEF a minor, PETITION BY GUARDIAN FOR SALE OF MINOR'S REAL ESTATE UNDER REVISED PRI~E ACT _.. - -.....') TEMPEST &SIMMONS ATTORNEYS AT LAW 223 SECOND STREET MONONGAHELA,PA.150:V- I .I -2 ~~/'O I .,..,<..7 -A -----