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HomeMy WebLinkAbout01-0874 I. '- I J I 1 Deceased. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION 0\, Z \- ~lY NO. IN RE ESTATE OF EFFIE E. RARAIGH, PETITION FOR SETTLEMENT OF SMALL ESTATE PURSUANT TO 20 PA. C.S.A. S3102 TO THE HONORABLE, THE JUDGES OF SAID COURT: ERMA JANE FRY ("Petitioner") hereby petitions the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, for the purpose of dispensing with administration of the Estate of Effie E. Raraigh, deceased, and to issue a Decree of Distribution directing the distribution of the entire balance of Decedent's estate to Petitioner, pursuant to 20 Pa. C.S.A. 93102, and in support thereof avers: 1. Decedent, Effie E. Raraigh, resided at 2350 Waterford, in the Borough of Camp Hill, Cumberland County, Pennsylvania, at the time of her death. 2. Decedent died in the Carlisle Hospital, Cumberland County, Pennsylvania on December 30, 1997. See Exhibit A. 3. No petition for the appointment of a personal representative for the Decedent's estate is pending or has been granted. 4. The gross value of all property owned by the Decedent at the time of death (exclusive of real estate and of property payable under the section of the Probate, Estates and Fiduciaries Code I, _ I I! relating to payments to family and funeral directors, but including personal property claimed as the family exemption)' does not exceed $25,000. 5. The deceased's entire estate consists of an approximately six (6) acre tract of real property, tax parcel number 39-006-124, located along T-374, Blystone Road, in Washington Township, Indiana County with a recent estimated fair market value of $5,000. See Exhibit "B". 6. Decedent, Effie E. Raraigh, left no will. 7. There are no unpaid claims against the Decedent or her estate, of whom the Petitioner has notice or knowledge. 8. Decedent was not survived by a spouse or parents. 9. The names, relationships to the Decedent and addresses of the persons entitled to receive the property of the Decedent as the intestate heirs are: Betty M. Camys Daughter 1635 Hancock Ave., Apollo, PA 15613 Aldora E. Zitch Daughter 154 Kingswood Dr., Harrisburg, PA 17112 Marjorie Kozlowski Daughter 1005 4th Ave., Steelton, PA 17113 Erma Jane Fry Daughter P.O. Box 756, Camp Hill, PA 17001 10. Betty M. Camys, Aldora E. Zitch, Marjorie Kozlowski and Erma Jane Fry are the only parties in interest of Decedent's estate. 2 j I - I " 11. All of the parties in interest consent to the distribution of the real property owned by Decedent at the time of her death, exclusively to her daughter, Erma Jane Fry. See Exhibit "C". 12. Petitioner timely paid the funeral expenses associated with the burial of Decedent, which were in excess of the value of the above-described real estate. See Exhibit "D". WHEREFORE, in agreement and consent of all the parties in interest, Petitioner respectfully requests the Court to direct distribution of the entire distributable balance of the Decedent's estate to Petitioner, Erma Jane Fry. Respectfully submitted, By: METTE, EVANS & WOODSIDE {U;;l 1/1 /20~ Peter J. RiSSler, Esquire Sup. Ct. I.D. No. 06844 Susan D. Anderson, Esquire Sup. Ct. I.D. No. 85622 3401 North Front Street, P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 DATED: Attorneys for Petitioner 3 I, I VERI FICA liON I, Erma Jane Fry, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the pena. of 18 Pa. C.S. .94904 relating to unsworn verification to authorities. DATE: :268331 _1 B)llllBl~ ^ n05.905 REV. 6/96 This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records 111 accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograpth I " No. ~'II~ Charles Hardester State Registrar 4436603 JAN 13\999 Date H105.143 Rev. 2187 COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH 0 VITAL RECORDS CERTIFICATE OF DEATH TYPElPRtNT IN PERMANENT BLACK INK ~I . III; Cunber land Co. DECEDENT'S USUAl. OCCUMION (~~~::..~~:::r.r 11L lbJsewife 11Jbiamk:ing DeCEDENT'S MAlUNG ADOAESS (SIr,,",. CiI)IIbwn. SIal.. Zip Code) ~:NT'S ro Box 7'5fJ RESIDENCE Canp Hill, Pa 17001 ~~f' 11. _R'S NAME (F..t. Middle. Last) Ie. Carlisle, PA 1d~1isle lhspital KINO OF BUStNESSI1NOUSTRY ~ DECEDENT EVER IN U.S. ARMED FORCES? .....0 Non 3. 159 - 12 PLACE OF DEATH (Check only one - see insIruclions on oIher side) HOSPITAl.: OTHER: 7~ Co., PA :-ientXX! ~ 0 FACIUTY NAME '" not inolilutlOfl. give SIt,,", and numbe<) SEX 2fenele STATE FIlE NUMBER SOCIAl. SECURITY NUMBER AGE (Last Birthday) Effie E. Raraigh UNDER 1 YEAR UNDER 1 DAY Months Days Hours!: Minut.. Y... - 7539 DME OF OEATH (Month. Day. 'lIoat) 4. D:canber 3), 1 C/)7 NAME OF DECEDENT (Fir... _. Last) 1. BIRTHPlACE (Cdy and Slate Ot FOteign Country) 5. COUNTY OF 0EAfH 92 =dyl 0 IWP. ~ .II a w frl a , -~ :2 < z 17b. Cumberland Cotmty 11;'.0 ~~::,,,, MOTHER'S NAME (First. Middle, Maiden Surname) 1'. M3rtha Elizabeth Crod<s INFORMANT'S MAILI~ ADDRESS l!t..."!l~CityfJQwn. Sta~CodeI 2Gb. ro Box 7::b Camp Hiil, PA lJu..il PLACE OF DISPOSITION .. N..... 01 ~ery. C,emalOly l.OCIJ'lON . CityfT-., Stato, Zip Codo Ot 0lIl8f PIoco 21c. St. John's Lutheran OturchCare NAME AND ADDRESS OF FACIl.1TY cily/1loro. fa '" :l ~ j "" 17112 DUE 10 (OR I : DUE 10 (OR AS A CONSEQUENCE OF): DUE 10 (OR /'oS A CONSEQUENCE OF): '...u ....... ct \~ WERE AUTOPSY FINDINGS AWLABLE PRIOR 10 COMPLETION OF CAUSE OF DEATH? MANNER OF OE.....H DATE OF INJURY (Month. Dey. \\oar) TIME OF INJURY INJURy..... WORK? DESCRIBE HOW INJURY OCCURRED. Natur.1 ~ o o Homicide Acc:idenl Ponellng Invesiigellon o o o ~~CE OF INJURY.. Alllcme, '''':':;Hl, factory. office buildlng, etc. (Specily) 3Oe. Yes 0 No !ia' M. 30e. 30e1. l.OC.....ION (Streel. CilyfTown. Stale) .....0 NoD SUicide Could MOl be dol"""""'" .2". 21b. CEllTII'1Vl (Checl< onlv one) "CERTIFYING PHYSICIAN (Physician certifyIng cause 01 death when onoIher physician has pronounced death and completed Item 23) To1lle_oImykMwledge,doolhoccurnd_Ul1lle~olonclmen_..otated.............. ....................................... 29. 301. SIGN.....URE ~D.T~~ C~RTIFI;R f ~ 31b U1A'~vtbW U.J LICENSE NUMBER DME SIGNED (Man"'. Day. Vear) o 31C.Ju,,) 6-jJ"'BrZ'u. 31d. /2 5/ 9.l- NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF OEATH (Item 27) Type 0( Print It4IC/;..rrp..... l:vHV Ih L.J ~,,; IV &9-t- n"t-w...~t'l /fv~ hH-lh..."f fr m /)o6j-. o "PRONOUNCING AND CERTIFYING PHYSIC1AN (Physician both pronouncong death and certilving to cause 01 dea"') To 1lle _ 01 my knowteclge, _Ill QCCllrnd 011lle _. clalo, .ncI pgeo. _ duo 10.... caull{.l.ncI......_ II '''IId.. . . . . . . . . . . , . . . . . . . . . . . . . "MEDICAL EXAMINER/CORONER On ,he b..,. oI...mlnallon MKlIor Inv..llgatlon. In my opinion, d..th occurred altlle lima, dato, and placl, and duo to 1110 cauN(oland man...... _ed.. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '.' . . . . . . . . . . . . . . . ... . .. .. ...... . .. . . . .. 31L REG I 21 ~ ~IC;( If 32. DATE FIl.ED (Month. Day, Year) 34. E)llll13lrr 13 L. JAMES FINK REALTY I@ Real Estate Appraiser · Broker · Consultant 117 SOUTH THIRD STREET. INDIANA, PENNSYLVANIA 15701 PHON E/FAX 412-465-2524 I, , I ,_ Our area code is now 724 L. .JAM ES FI N K, SRA STATE CERTIFIED APPRAISER - GENERAL June 28, 2001 RESIDENTIAL COMMERCIAL FARM Mette, Evans, woodside 3401 North Front Street Harrisburg, PA 17110-0950 Attn: Susan Anderson Re: Estate of Erma Jane Frye Washington Twp Indiana County Pennsylvania Dear Ms. Anderson: As you requested, I have concluded a complete summary appraisal of the Effie Elizabeth Raraigh property located along T-374, Blystone Road, in Washington Township, Indiana County. The attached narrative appraisal is submitted to you herewith. The purpose of the appraisal is to estimate the market value of the subject property for estate settlement proceedings. The effective date of the report is June 25, 2001, the date of my reinspection. Fee simple interest of the property is assumed. The report has been completed in compl iance wi th and in conformance to the Uniform Standards of Professional Appraisal Practice. The subject property is located along T-374, Blystone Road, Washington Township, Indiana County, between the villages of Five Points and Beyer. The property fronts on the west side of T-374 and contains approximately six acres of below grade, wooded land wi th a small run traversing through. On the property is a one story frame cottage & an outbuilding that appear to have no value as unoccupied and unmaintained for years. A potable water source or functional sewage facility are not apparent. "" The property is currently indicated to be owned by Effie Raraigh as evidenced in Deed Book 41 7 Page 388 and 'Tax 1:. D . # 39-6-124, both of the Indiana County Courthouse/Tax Assessment Office records. The current annual real estate taxes are approximately $160. There are no apparent adverse easements or encroachments affecting this property. However, vehicular access is limited due to the terrain and below grade drive that has since grown in with vegetation. In addition, the small run on the property must be negotiated to access the entire property. The highest and best use of the subject property is considered rural recreational, such as a hunting camp, or excess rural acreage to an adjacent owner. There is no zoning in Washington Township allowing varied, unrestricted use. This use is legally permissible, physically obvious, economic feasible & maximally productive. The surrounding area is comprised of farms, woodland and scattered rural residential sites. There are no major industries or sources of employment nearby. Plumville, about five miles northeast, would supply limited residential necessities, services & facilities. The general economy of the area is only fair recession type economic conditions. Property values in area are generally lower but have remained stable. with this Indiana County has been hampered by high unemployment for the past several years with the latest reading at approximately 5+%, one of the highest rates in the state and exceeding state & national averages. The closest limited employment centers are Indiana, about 15 miles south, and Kittanning I about 20 miles west of the subject. The income approach was not applicable due to the nature of the subject property and an absence of supportable income/expense data. The cost approach was not applicable since there are no buildings of value or other known improvements on the subject property. The market approach was the only applicable approach to value. Several of the most recent, most similar & nearest sales available were used for comparison. The sales comprised a reasonable value range. .AII sales were correlated in arriving at a final estimate of value. L. JAMES FINK REALTY 2 " 'r.- Accordingly, in my opinion and as indicated by the market approach, the estimated market value of the subject 'property, as of June 25, 2001, the date of my reinspection & effective- date of this report, is approximately $5,000. Thank you for the opportunity to serve your appraisal needs. .... STATEMENT ON TOXIC WASTE The existence of toxic wastes on or near this property were not made known to this appraiser or obvious at the time of inspection. However, identification contamination. the of appraiser is not an toxic wastes and/or expert in the environmental I f an expert in the field of toxic wastes and/ or environmental contamination were to make an analysis of the subject property and such conditions were found to exist, the results of this report could be adversely affected. L. JAMES FINK REALTY 3 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a cQmpetitive ,and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the pr-ice is no.. affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (I) buyer and seller are typically modvated; (2)'lboth parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or .in terms of financial arrangements comparable thereto; and (5) th~ price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated With the sale. *Adjustments to the com parables must 'be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers. as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. CERTIFICATION AND STATEMENT OF LIMITING CONDITIONS CERTIFICATION: The Appraiser certifies and agrees that: I. The Appraiser has no present or contemplated future interest in the property appraised; and neither the employment to make the appraisal, nor the compensation for it. is contingent upon the appraised v,(lue of the propeny. 2. The Appraiser has no personal interest in or bias with respect to the subject matter of the appraisal repon or the partici- pants to the sale. The "Estimate of Market Value" in the appraisal report is not based in whole or in pan upon the race, color, or national origin of the prospective owners or occupants of the property appraised, or upon the race, color or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 3. The Appraiser has personally inspected the properly. both inside and out, and has made an exterior inspection of all comparable sales listed in the report. To the best of the Appraiser's knowledge and belief, all statements and information in this repon are true and correct, and the Appraiser has not knowingly withheld any significant information. 4. All contingent and limiting conditions are contained herein (imposed by the terms of the assignment or by the under- signed affecting the analyses. opinions. and conclusions contained in the report). 5. This appraisal repon has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct of the appraisal organizations with which the Appraiser is affiliated. 6. All conclusions and opinions concerning the real estate that are set forth in the appraisal report were prepared by the Appraiser whose signature appears on the appraisal report. unless indicated as "Review Appraiser." No change of any item in the appraisal report shall be made by anyone other than the Appraiser, and the Appraiser shall have no responsibility for any such unauthorized change. CONTINGENT AND LIMITING CONDITIONS: The cenification of the Appraiser appearing in the appraisal repon is subject to the following conditions and to such other specific and limiting conditions as are set forth by the Appraiser in the report. I. The Appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the title there- to, nor does the Appraiser render any opinion as to the title, which is assumed to be good and marketable. The propeny is appraised as though under responsible ownership. 2. Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the prop- erty. The Appraiser has made no survey of the property. 3. The Appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the propeny in question, unless arrangements have been previously made therefor. 4. Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 5. The Appraiser assumes that there are no hidden or unapparent conditions of the propeny, subsoil. or structures, which would render it more or less valuable. The Appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. 6. Information, estimates, and opinions furnished to the Appraiser. and contained in the report, were obtained from so,!rces considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the Appraiser can be assumed by the Appraiser. 7. Disclosure of the contents of the appraisal repon is governed by 'the Bylaws and Regulations of the professional appraisal organizations with which the Appraiser is affiliated. 8. Neither all, nor any part of the content of the report. or copy thereof (including conclusions as to the property value, the identity of the Appraiser, professional designations, reference to any professional appraisal organizations, or the firm with which the Appraiser is connected), shall be used for any purposes by anyone but the client specified in the repon, the borrower if appraisal fee paid by same. the mortgagee or its successors and assigns, mortgage insurers, consultants, professional appraisal organizations. any state or federally approved financial institution, any department. agency, or instrumentality of the United States or any state or the District of Columbia. without the previous written consent of the Appraiser: nor shall it be conveyed by anyone to the public through advertising. public relations, news, sales. or other media, without the written consent and approval of the Appraiser. 9. On all appraisals, subject to satisfactory completion, repairs, or alterations, the appraisal report and value conclusion are contingent upon completion of the Improvements In a workmanlike manner. ..... Dale, .b.-2.~~Ol.... APpra;Ser(S)...~A.^~.'~~..... FW 439N-1004B/N c 1966 Forms and Worms Inc 315 Whl:~::::::n. CI 06511 All RIghts Reserved 1 (BOO) 243.4545 Item # 157500 ---------- EXHIBIT C ~ '~ ~ ~. I n. c0w,-- ~ ~ 6t , . -en ~ )tvl\d~ \qq8 4k5,oo:~_~ ~ ~ cJ . -" ~ '" ....... ..~.- -.,. '. ,..... n,J C) Cr 1../e o ....1 I:.'t (f'o - - - -. ". '. ~~ . D ~' ~.~i; ~;if . . &( ""', 0'. "J ~ () '" I t r '" ~ ~~ ,~ '" ..... n n - ..... gd :C~: >~. -go; ~>~ ..... < c ~~::: I c;. C ~ ..... o "p::-;-;:, , {"c;" ,. "~?j~\ '; lW"" ~ (;' '\ ""~'-~---',:" / ',- ~-~ . J' /rJ-I"1IIZ- ____:~ ~ j(L/Yrp--/ A. ~'-. ~, j~~~,19t? , ;t, r/~ (,;(~ n~ (':'/>r7 :XJ r./(LA../ l/ -- / ~/G&~~1 ~1 ~~~7 :;1 :e;u-- ,fr . ~"1 !3jaffi<AJ r-' / / //(fc.:c17 /",/yL.f./'- ..$+/ bh ~A? , / ~ Jk.~ ~t/ftA/ f'. )vuJ. ) ~ .J o .-" ';. J( o .J \1' J' - - - - -- - - - -- -- ::- - - - · too ", ~~~ ~ \.) ~ ~ . ~ , -.,.. \ ~ ~~.. - { ~ ~) ~. t;' " ' ~ ~~ /'[:1\;07;;, v , :~ ~ 'r..l" "- , ",-'\ c. .!..L}/ '- ~ ~ ~ "'. '\\ \ \ \ i i ~ s ;j ! . i i \ :~ m-- ~ -- - \, t \ '\ (,... I' tJ I,,' ( " ,( ( i./ ~_ . C ;V~Cf-J,- ".' ~ ,L.-. I '~'. ",~ V~ \--4 '-ti-fj,G ,.J>>'~~ r () tlv ~1 }I(~~//~~ -;r, jJ,~" C~~ , :J;F I;:t ~cL /~ /~ ", ! ~~ 6-"''- ~ /V j 'r i ' , AA'" '" ...A./ ~ /) :..,f J iJ J2. /J>-'l' -~ ' ft(J~:t ~ ~ ", H.{. r:;P.~ ~ 9-.~ {)./j~, / ' (a.A-' It! ~ · ~~", I, JJJ;h t-v~ .' ~/.i~'~~~' ,~,r '~ ~ f _, ~j,., 'H /~ J p~:PY~~' I,V r , ~:i? {t'1; J?1 {;:ui~ f~ ",' / ;;(~) , /1 7 11 ---7/} ( / () ./1) /6~ {//' L~Q/ 1ft ' l~ / ..... - - l~, 1 ~ <.t,' l! ' ~ I, I' \. 'I \ \ ~ '~: -------- EXHIBIT D ----------- ~oob.er Jtf un.eral ~om.e, ~nr.. Warren R. Hoover, Jr. . 6011 Linglestown Road linglestown, PA 17112 (717) 652-8888 January 12, 1998 To: Jane Fry Ref: Funeral Expenses of Effie E. Raraigh Professional Services, Use of Facilities, Automotive Equipment and Necessary Documents Merchandise Selected 12/0 Stainless Steel Casket Sentinel Vault Clothing TOTAL FUNERAL HOME CHARGES Cash Advanced Items Certified copies of death certificate Flowers Clergy Paid Newspaper Cemetery Monument Inscription Printing of picture in memorial folders Mileage 200 miles {at $1.75 per loaded mile} TOTAL CASH ADVANCED CHARGES TOTAL FUNERAL & CASH ADVANCED CHARGES CREDITS ON ACCOUNT BALANCE DUE $ 2870.00 2270.00 775.00 75.00 $ 46.75 100.00 100.00 25.00 275.00 87.00 20.00 350.00 Sheldon K. Hoover, Supervisor 1225W. Ch~colate Ave. P.O. Box 475 Hershey, PA 17033 (717) 533-7700 $ 5990.00 $ 1003.75 $ 6993.75 0.00 $ 6993.75 IN RE ESTATE OF EFFIE E. RARAIGH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Deceased. NO. O? \ -Ol- R,q AND NOW, this o PA. C.S.A. 3102 , 2001, upon consideration of the Petition for Settlement of Small Estate Pursuant to 20 Pa. C.S.A. 93102, it is ORDERED that the real property located along T-374, Blystone Road, in Washington Township, Indiana County, Pennsylvania, be distributed to Erma Jane Fry. By the Court J. :270192 _1 IN RE ESTATE OF EFFIE E. RARAIGH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Deceased. NO. 21-01-874 DECREE OF DISTR~TION mREAL ESTATE AND NOW, to wit, this ~ day of , 2001, upon consideration of the Petition for Settlement of Small Estate Pursuant to 20 Pa. C.S.A. 93102, IT IS HEREBY ORDERED AND DECREED that the real estate of the decedent, Effie E. Raraigh, who died intestate, December 30, 1997, hereinafter more fully described, be and the same is hereby set forth, awarded and distributed in accordance with this Court's Order granted October 23, 2001, to Erma Jane Fry, of Cumberland County, Pennsylvania. IT IS FURTHER ORDERED AND DECREED that a certified copy of this Decree be recorded in the Recorder's Office of Indiana County, Pennsylvania. SAID real estate is bounded and described as follows: All the following described Piece parcel or Tract of land situated in Washington Township, County of Indiana, and State of Pennsylvania, bounded and described as follows: Beginning at a stone at the North-western corner by lands of Bryan Orr and James Orr; Thence by lands of the said Bryan and James Orr, South thirteen (13) degrees East, twenty-four and one-fourth (24-1/4) perches to corner stone; Thence by lands of J.E. Blystone; South eighty four (84) degrees and thirty (30) minutes East, thirty (30) perches to center of Public road. Thence by lands of J.E. Blystone North two (2) degrees West, thirty six (36) perches to center of said road. Thence by lands of James Orr, South seventy (70) degrees west, forty (40) perches to a stone which is the place of beginning containing six and seven-eights (6-7/8) acres more or less. EXCEPTING AND RESERVING, HOWEVER, FROM THE OPERATION OF THIS DEED, all the coal, fire, plastic, flint, valuable clays, oil, gas, and all other minerals, together with such mining rights, waivers of damages, etc., as are specifically set forth in a certain deed from W.1. Hay and Marie A. Hay, his wife, to R.F. Miller, dated January 17, 1919, and recorded in Indiana County, Pennsylvania, in Deed Book Volume 168, and page 391 . BEING a part of a larger tract of land in the name of W.1. Hay and Marie A. Hay, his wife, who by deed conveyed the same to R.F. Miller, who by deed conveyed the same to J.E. Blystone and Elizabeth Blystone, his wife, the present grantor, dated January 17, 1919, and duly recorded in Indiana County, Deed Book Volume 168, page 391. BY THE COURT J. ~0 :276543 _1 - 2-