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HomeMy WebLinkAbout04-2473IN THE MATTER OF TAX CLAIM BUREAU OF CUMBERLAND COUNTY TAX SALE HELD JULY 2003, NORFOLK SOUTHERN RAILWAY COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW PETITION TO SET ASIDE TAX SALE PENNSYLVANIA LINES LLC, PROPERTY-NUMBER 02-20-1800-099A Objectors and Petitioners CUMBERLAND COUNTY TAX CLAIM BUREAU : No. J? T o2q73 TIMOTHY DERK AND MALCOM DERK, II Respondents PETITION TO SET ASIDE TAX SALE AND OBJECTIONS AND EXCEPTIONS TO THE SALE OF CUMBERLAND COUNTY TAX PARCEL NUMBER 02-20-1800-099A To the Honorable Judges of the Court of Common Pleas of Cumberland County: Norfolk Southern Railway Company, its affiliates and subsidiaries and Pennsylvania Lines LLC ("Petitioners"), by and through their attorneys, Dechert LLP, object and except to the real estate tax sale of Cumberland County tax parcel number 02-20-1800-099A and request that the tax sale be nullified based on the reasons contained in this petition. In support of their petition, the Petitioners represent the following information. This Court has jurisdiction pursuant to the Real Estate Tax Sale Law, 72 P.S. § 5860.607, the Judicial Code, 42 Pa. C.S. § 933, and general principles of fairness. 2. The property that is the subject of this action is Cumberland County tax parcel number 02-20-1800-099A located in Carlisle Borough ("Property"). 3. The Petitioners are Norfolk Southern Railway Company, its affiliates and subsidiaries (`Norfolk Southern") and Pennsylvania Lines LLC ("PA Lines"), which together own and operate the Property. 4. Norfolk Southern is a Virginia corporation and operates a railroad in most of the United States east of the Mississippi River. 5. PA Lines is a Delaware limited liability company and a wholly owned subsidiary of Consolidated Rail Corporation. 6. The Petitioners maintain principal places of business in Norfolk, Virginia. 7. Respondents are the Cumberland County Tax Claim Bureau (`Bureau"), Timothy Derk and Malcom Derk II, the putative purchasers of the Property at a tax sale. 8. On or about July 25, 2003, the Bureau sold the Property by Repository Tax Sale for the purported collection of delinquent local realty taxes (`Tax Sale"). 9. Petitioners are the true and record owners of the property having acquired the Property by deed from Consolidated Rail Corporation (`Conrail') on June 1, 1999. A true and correct copy of that deed is attached as Exhibit A. 10. Conrail acquired the Property from Penn Central Transportation (`Penn Central') and properly recorded its deed. 11. Despite PA Lines being the record owner of the Property, the Bureau improperly and illegally did not send notice of either the tax upset sale pursuant to the Real Estate Tax Sale Law, 72 P.S. § 5860.101 et se g., or of any private tax sale pursuant to 72 P.S. § 5860.613 to Petitioners, but sent notice to Penn Central at an Ohio address. 2_ 12. The Bureau never mailed the Petitioners any notice of the Property's Tax Sale including the required method of certified mail, restricted delivery, return receipt requested. 13. The Bureau did not send notice of any Tax Sale to Petitioners. 14. As a direct result of the failure to deliver the Tax Sale notices referred to in Paragraphs 11 through 13, the Petitioners did not know that it's Property was sold at a Tax Sale until after that sale occurred. 15. The Petitioners did not file any objections to the Tax Sale because they had no notice of the Tax Sale or notice that the Property had been sold at the Tax Sale as required by the Real Estate Tax Sale Law of 1947. 72 P. S. § 5860.101 et se q. 16. In fact, the Petitioners had no notice of the Tax Sale until one of the putative purchasers notified Petitioner's sublessee that the Property was sold at the Tax Sale. 17. The Petitioners filed this Petition very shortly after learning of the representations of the putative purchasers that the Property had been sold at the Tax Sale, investigating the facts surrounding the Tax Sale and reviewing the Petitioners voluminous documents regarding the Property that was subject to the Tax Sale. 18. The Petitioners object and except to the Bureau's Tax Sale for the following reasons. A. The Bureau improperly, irregularly and illegally sold the Property. 72 P.S. § 5860.601(a)(2). B. The Bureau improperly, irregularly and illegally sold the Property without sufficient notice to Petitioners. 72 P.S. §§ 5860.602, 5860.607, 5860.613. C. The Bureau improperly, irregularly and illegally sold the Property contrary to the Real Estate Tax Sale Law, 72 P.S. § 5860.101 et seq. -3- D. The Bureau through the Tax Sale denied the Petitioners due process and equal protection of the law and uniformity of taxation guaranteed by the United States and Pennsylvania Constitutions. WHEREFORE, the Petitioners request this Honorable Court to: set aside the Property's Tax Sale; order that the Property is essential to the business of the Petitioners, quasi-public corporations; order that the property is not taxable and thus no taxes, delinquent or otherwise, can be based on the Property; order that the tax claim sought to be satisfied by the Tax Sale was paid prior to the Tax Sale and thus the Property cannot be subject to further tax sales for local realty taxes; enjoin the Bureau from collecting taxes, if any, by a sale of the Property; and grant any other just and proper relief. Respectfully Submitted, David R. Kraus, Esq. (Attorney ID 44886) Michael P. Riscili, Esq. (Attorney ID 81198) Dechert LLP Thirty North Third Street Harrisburg, PA 17101 717.237.2000 Dated: May 27, 2004 Counsel for Objectors and Petitioners, Norfolk Southern Railway Company, its affiliates and subsidiaries, and Pennsylvania Lines LLC 4- UERIKCAnON I, the Undersigwd, verify that I am the Director- State Taxes of Norfolk Southern Corporation . and that the facts set forth in the attached Petition to Set Aside Tax Upset Sale and Objections and Exceptions are true and correct, to the best of my knowledge, information and belief. I understand that.false statements herein aremade subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom. falsification to authorities. M& l K. Quinn, Director- State Taxes Norfolk Southern Corporation CERTIFICATE OF SERVICE I hereby certify that I am on this day serving a copy of the attached Petition to Set Aside Tax Sale and Objections and Exceptions, proposed Rule to Show Cause and proposed Order upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. 440 and the Cumberland County Rules of Court: Service by first-class, certified mail, return receipt requested: Melissa Mixell, Director Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Stephen D. Tiley, Esq. Solicitor Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Timothy Derk 1103 W. Shamoken Street Trevorton, PA 17881 Malcom Derk II 1103 W. Shamoken Street Trevorton, PA 17881 ?' I-L Michael P. Riscili, Esq. (Attorney ID 81198) Dechert LLP Thirty North Third Street Harrisburg, PA 17101 717.237.2000 Dated: May 27, 2004 Counsel for Objectors and Petitioners, Norfolk Southern Railway Company, its affiliates and subsidiaries, and Pennsylvania Lines LLC IN THE MATTER OF TAX CLAIM IN THE COURT OF COMMON PLEAS BUREAU OF CUMBERLAND COUNTY OF CUMBERLAND COUNTY TAX SALE HELD JULY 2003, CIVIL ACTION -LAW NORFOLK SOUTHERN RAILWAY COMPANY, : PETITION TO SET ITS AFFILIATES AND SUBSIDIARIES, AND ASIDE TAX SALE PENNSYLVANIA LINES LLC, PROPERTY NUMBER 02-20-1800-099A Objectors and Petitioners CUMBERLAND COUNTY TAX CLAIM BUREAU : No. TIMOTHY DERK AND MALCOM DERK, II Respondents ORDER NOW, this day of 2004, upon consideration of Norfolk Southern Railway Company, its affiliates and subsidiaries and Pennsylvania Lines LLC ("Petitioners") Petition to Set Aside Tax Sale and Objections and Exceptions, the following is hereby ORDERED and DECREED: The tax sale of the Cumberland County tax parcel 02-20-1800-099A ("Property") is set aside and declared null and void and thus the Petitioners are the owners of the Property; 2. The delinquent local realty taxes, if any, have been satisfied by the Petitioners; 3. The Petitioners are "quasi-public corporations" and the Property is essential to the Petitioners' business operations; 4. The Property shall not be subject to taxes or future tax sales for the collection of taxes, delinquent or otherwise. By the Court: J. 250527.1.49 Exhibit A Mail to: Linda V. Hill-Everett Senior Real Estate Counsel Norfolk Southern Corporation Suite 1702, one Georgia Center 600 West Peadmcc Street, NW Atlanta, Georgia 30308-3603 Name and Address of Taxpayer: Pennsylvania Lines LLC clo Norfolk Southern Railway Company 110 Franklin Road SE Roaookc, Virginia 24042-0028 QUITCLAIM DEED RECOi;Il.:. 0'r DEEDS amBERLA14 001SNIY'PA , 98 QCT 7 Pik 2 82 THIS INDENTURE madethe 19th day of May, 1999, and effective as oftbe 1st day of June, 1999, by and between CONSOLIDATED RAIL CORPORATION, aP=wylvmacmporauon( herein "Grantor"), having its principal office at 2001 Market Street, Philadelphia, Pennsylvania 19101.1419, and PENNSYLVANIA LINES LLC, a Delaware limited liability company, and wholly owned subsidiary ( herein "Grantee"), whose tax mailing address is c% Norfolk Southern Railway Company, 110 Franklin Road SE, Roanoke, Virginia 24042.0028, WHEREAS, ea a plan ofcorporate reorganization, Grantor has created Grantee as its wholly owned subsidiary; and WHEREAS, as a part of that plan of reorganization, Grantor has agreed to a contribution to the capital assets of Grandee of certain real estate interests, including litres of railroad thereon, in several states within the United States; WITNESSETH: That Per no consideration, Grantor does hereby quitclaim onto Grantee, without warranty ofany kind, all of Grantor's right, title and interest in and to the Real Estate situated in the County of Cumberland, Commonwealth of Pennsylvania, substantially as shown on Extubit A aril more particularly described in Exhibit B, attached hereto and made it part hereof (heneinadler "Property"); it being the intent of this inatNmem to include all interest beld be Grantor in and to any lands and improvements located within said County. TOGETHER, with, in "as is, where is" Condition and without any express or implied warranty, as to condition or fitness for any purpose, all of Grantor's right, title, and interest in the mad bed, tracks, depots, yards, storage and parking areas, culverts, bridges, tunnels, buildings, structures. communication andsignalfaeilities, fixtures, and all other railroad appurtenances located upon or appurtenant to the Property, and all sidings and spur tracks contiguous to and connected to ?wf 205 . c: 337. acknowledges that certain hazy dow substmes may have been disposed at the property. A description of the types of anbetwoes that have been detected and the locations whom such substances have been detected is ere forth in Exlobits C and B of this dead, respectively. TOGETHER with, in "as is, whore is" condition and without any express or implied warranty, as to condition or fitness for any purpose, all of Gramm's right, title, and interest in the road bed, tracks, depots, yards, storage and patting areas, culverts, bridges, tuanr]s, buildings, shuertrres,eommaAication and signalfecilities, fixtures, and all other raiboad appurtenances located upon or sppurtmmt to the property, and all sidings and spur tracks contiguous to and connected to the property, except as prmded in the attached Exhibits- TOGETHER with all mineral rights, timber rights, rights to cross public roads, fiber optic rights, rights of repurchase or reversion, and air rights in any way appertaining to the property. SUEIP.CT, however, to any conditions, rein coons, reservations, agreements, lease, encroecbmems, licenses or easements, whether or not of record. RESERVING, onto Grmtoy its suarssom and assigns, but only to the extent and duration necessary to continue in effect those existing fiber optic agreements of Grantor impacting the "edywhicbhavebemremvedbyGmtorunftasepanteaVmngnt,a emexclumvcuwn ant torn Wl,constructopmte,mainhn- repair,renm andrMlaeeafiberoptiecmmrmicatimsystem over, through, and across the property. Such easement providing for and including, but only to the extent requited by the axistmg fiber optic agreements, among other things, the right to install, eonsnuct, opt, rnamtein, repair, renew and replace fiber optic cable, associated electronics, repeatsr shelters, terminal facilities, connection boxes and pull boxes, and related facilities; the right to install power supply facilities; the right to attach the fiber optic cable and related fanilities to casting bridges and to in" it in existing tunach; and the right of ingress and egress for recess ptuposes;allsuch rights tobeexamisedwithoatatypsymentbyGrantor forsame, Sucheasement to be exercised in amarmerwhich docamt interfere with therail operations ofGramee or the ability of Grantee to gram other such communication easements or licenses, except to the attest the effective exercise of this essment reasonably entails slob intaknerm and upon exercise of such easement, Greater, at Grantor's sole expense, will restore the Property to a condition adequate for continued tail operations by Grantee. NOTICE-THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN AND THE O WNER OR O W NERS OF SUCH COAL MAYHAVE THECOMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, INTHATCONNECTION,DAMAGE MAYRESULTTOTHE SURFACE OF THE LAND AND ANY HOUSE,13=ING OR OTHER STRUC!'URE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR Bau!' 209 Pact 3S8 RESERVED BY THIS INSTRUMENT. (THM NOTICE IS SST FORTH PURSUANT TO ACT NO, Z44, APPROVED SEPTEMBER 10.1963) WITNESS the due execution hereof, effective as of the day and year first above written. ATTEST: STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA Ss. CONSOLIDATED RAIL CORPORATION By Robert W. an Daectar Estate BEFORE ME, aNotaryPablic insnd faasaidCounty,p=wally appeared Robat W. Ryan, DiravwReal EstateandJamas D. McGeehan, Assistant SeeroaryofConsolidatedRm7 Coepmatton. The corporation which executed the foregmag instrument, who aekoowledged that 8m scat affixed to said inatrttmeW is the omporate seal ofsaid corporation; that they did sign and seal said in*ument as such Director Real Esala and Assistant Scon ary, on behalf of said corporation; and tbst said insWnuentis their free act and decd as such officets, regwdvely, and the free and corporate act and deed of Consolidated Rail Corporation. INTESTIMONY WHERE,OF,Ihave berenowsubscribed myname and affixed my official seal at the time of I (: 00 . 6 this ($ day of Nlal .1999. Notary Public My con iasion expires: flO6EP.76. D2Ufl0. Wm- P.,,;-b Card%iiladWMi4 WA':, C:a ay NOTICE - Boolf 209 PAGE 339 E?SIT B All those parcels of land situate, lying and being in Cumberland County, Pennsylvania, being a portion of USRA Line Code 1325 as described in a deed from Fairfax Leary, as Trustee of the Property of The Northern Central Railway Company, to Consolidated Rail Corporation, dated March 31, 1476, as recorded with the Office of the Recorder of Deeds for Cumberland County, Peonsylvania, in Deed Book Z, Volume 27, Page 416, and a portion ofUSRA Line Code 1326 as described in a deed from Robert W. Blanchette, Richard C. Bond and John H. McArthur, as Truftoas of the Property of Penn Central Transportation Company, to Consolidated Rail Corporation, dazed March 30, 1976, as recorded with the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book Z, Volume 27, Page 468, and being more particularly described as shown on Exhibit BI and Exhibit B2, attached berate and made a part hereof Wx 209 PAGE 340 Plat 1 on 1 S Gfautee (ha, whether on or more, called "Grantee") hereby agrees that it may not be obtaining the right ofprotee non against subsidence resulting Bonn coal tmmng opaatiom and that the putchasedraPpe ty may be protected from damage due to mine subsidence by a private contract with the owners ofthe economic interests in the coal ATTEST: PEWSYLVANIA LINES LLC Assistant Raw amm manam CRRTrRCATE OF RESIDENCE I hereby certify that the precise reside oc ofthe C.aamee herein is: PenasyWania Lines LLC clo Norfolk Southern Railway Company 110 Franklin Road SE Roanoke, Vitginia24042-0028 1LLQj P For Grmtw This instrument prepared by: zl- V. Heft-Everett Senior Real Estate Counsel Norfolk Southern Corporation Suite 1702, One Georgia Center 600 were?=da ee Strew, Nw Atlarua Georgia 30308-3603 PA-CUNMERLAND-ENVPMw61 REV, 5/13/99 ooux 20 PAU 341 ? sr/??Ie T I_1 W I' Y F JI LM?'^ ?N?l® I Ie TyryT 'TA'I r ~ ® EXHIBIT B 1 M .V.51 - USRA LC 1325 ® Area to be excluded CUMBERLAND COUNTY ooaK 2CS Pace 342 ENOLA, PENNSYLVANIA PROPERTY TO BE EXCLUDED FROM PENNSYLVANIA LINES LLC To d y 8 7 F b. EXHIBIT B2 'J RE; V21T/2 - USRA LC 1326 Area to be excluded CUMBERLAND COUNTY 00K 209 pact 343 ENOLA, PENNSYLVANIA 6 PROPERTY TO BE EXCLUDED FROM PENNSYLVANIA LINES LLC Cambaland Coanty/Enola Yud Ceeberl&d QWtY Recorder of Dce6 Exhibit Cl Instrument Filins Polychlorinated biphenyls have been detected t th a e pmp". ReceiPt l 237125 histr0 1909.037150 10107/199a 15: n c U Emu 0101 Pages 0101 Exhibit C2 ReesrkV CONNURNEAL TH ,.W TITLE _N: 77,0 Polychlorinated biphenyls have been detected at the DEED ProPd'ry GEED - NET 32!.50 .50 DEED - Rr STATE 42991 20 L . X CMLIS.E AREA 07 `1cl SHIPPENSBDAO AREA - 7 BIG SPRING 2- m4 5 '-`'G MERLAND LEY , 35:".39 EAST p 1D5'TC So HEtA ESBIAtG , 5:1.?0 SHIPPENSGLBE AREA MPM SOM So?^ :e EST SVIpRE W . 2 ' 49,14 CANP HILL BOROOGH 3SI20 3S 20 CARLISLE BpRpBgl 7 1.54 G MIRSBN T.aiwiP 3 ." EASE tDST ,d TOYHSIIPP _ 5 w.31 LEmv m" • 10'1G.3i LOYE R ALLEN TIT NCNROE TONNSHIP v' NT fMI1LY SPRINGS 90 GLNq%Alp 5:;.35 MJ71T4 NIDDLETON 12.- ac 4" ti mm TNP - - • PENN TCd MEp ! `$ 6L P PET GUR G G SSHII BM0 1?t'.+a p ?p ? y? SHIPP.,yY11M1V M SHIPPENSM TIP 'C' Jd SHIRENANGTOm m SILVER SPRING Tr -4 10 n Sryi O g1GGLETON ` :O tr SE .4 ks7ON TIP c .K 3 OTHAHPTON TIP ' 2? S? LM ALLEN Up , 71 x NORINEnWBOND • 115 5? OEFD - Am , RE T !1.10 na C :.00 Dheckl 017711 :o b42 W 1 NW 017712 , ,.e Teta! Receiv BOOM 2G9 PAGE 344 40 43^ '- BOON 2G9 PAGE 345 s dC) Ae a 3b e TM DEED 18 BEING RECORD CORRECT a Quitclaim Daed deed May 18,1888 and ~t" m MJum 1, 2088 flan Consolidated Ran Corporation to Pennsylvania Lines LLC filed October 7,1M8 in Deed Book 209, Pap 740, Cumberland County, Pennsylvania FMeads on which ad applicable transfis tax was Paid, The oworraous Uling Included an incorrect legal description, as wall as, nap a hiblo that were not applicable. Mail to: Linda V. Hill-Everett Senior Real Estate Counsel Norfolk Smthem Corporation . 1-1 Suite 1702, One Georgia Center 600 West Peachtree Sheet, NW cy o Athmta, Georgia 30308-3603 O -. rn r Name and Address of Taxpayer: =? 'a Pennsylvania Lines LLC o n c/o Norfolk Southern Railway Company c c, -4 -i r:r ns 110 Franklin Road SE r l K p Roanoke, Virginia 24042-0028 w _ ti D OUrrCT.ATM DEFT ~ THIS INDENTURE made as of the 22nd day of August, 2000, by and between CONSOLIDATEDRAIL CORPORATION, aPannsyWaniacotpornion(herein"Grantor. having its principal office at 2001 Market Street, PhDadelpb* Pennsylvania 19101-1419, and PENNSYLVANIA LINES LLC, a Delaware limited liability company, and wholly owned subsidiary ( herein "Grantee'), whose tax mailing address is do Norfolk Southern Railway Company, 110 Franklin Road SE, Roanoke, Virginia, 24042-MR, WHEREAS, as a plan of corporate reortmitation, Grantor has created Grantee as its wholly owned subsidiary; and WHEREAS, as apart of that plan of retuganvation, Grantor has agreed to a contribution to the capital assets of Grsnsee of certain real estate interests, including litres of railroad thereon, in several stsbcs within the United States; WITNESSET14: That For n0 consideration, Grantor does hereby quitclaim unto Grantee, without warranty ofany kind, all of Grantor's right, title and interest in and to the Real Estate situated in the County of Cumberland, Commonwealth of Penoylvania, substantially as shown on Exhibit A and more particularly describedlnExhibitE, attached hereto and made apart hereof(hereirafter"Property); it being the intent of this instruo mt to include all interest held be Grantor in and to any lands and improvements located within said County. ow, 238 F,wt 590 the Property, except as provided in the attached Exhibits. TOGETHER with all mineral rights, timber rights, rights to cross public roads, fiber optic rights, rights of repurchase or reversion, and air rights in any way appertaining to elte Property. SUBJECT, however, to any conditions, restrictions, reservations, agreements, leases, encroachments, licenses or easements, whether or not ofrccord. RESERVING, into Grantor, its seccessm and assigns, but only to the extent and duration necessary to continue in effect those existing fiber optic agreements of Grantor impacting the property which have been reserved by Grantorunder a separate agreement, anonexclosive eeaenem to Install, construct, operate, maintain, repair, renew, and replacec a fiber optical communication system over, through, and across the Property. Such easement providing for and ncluding, but only to the intent requited by the existing fiber optic agreements, among other things, the right to miallo, construct, operate, maintain, repair, renew and replace fiber optical cable, associstad electronics, repeater shclmrs, terminal facilities, connection boxes and pull boxes, and related facilities; the right to install power supply facilities; the right to attach the fiber optical cable and related facilities to existing bridges and to instalt it in existing tunnels; and the right of ingress and egress for access purposes; all such rights to be exercised without any payment by Cramer for same. Such easement to be exercised in a manner which dots not tntexferewith the rail operations of Grantee or the ability of Grantee to grant other such communication easements in licenaa, except to the extent the effective exractse of this easement reasonably entails such mtcrferance, and upon exercise of such easement, Grantor, at Grantor's sole expense, will restore the Property to a condition adequate for continued rail operations by Grantee. NOTICE-THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACELANDDESCRIBED ORREFERRED TO HEBBINAND THEOWNER OROWNERS OF SUCH COAL MAY HAVE THE COMPLETELEGAL RIGHTTO REMOVE ALL OF SUCH COALAND, IN THAT CONNECTION, DAMAGEMAY RE5ULTTOTHE SURFACEOF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. (THIS NOTICE IS SET FORTH PURSUANT TO ACT NO. 244, APPROVED SEPTEMBER 10, 1965) w W17`NESS the due execution hereof, effective as of the day and year first above written gN',,'r 515' ' ?. ?. CONSOLIDATED RAIL CORPORATION .: .v,.'.. By Robert W an . Director (Estate Boot 238 sal STATE OF PENNSYLVANIA COUNTY OF PHILADELFIRA SS. BEFORE ME, aNotary Public in and forsaid County, petaonallyappearedRobett W. Ryan, DkcelorReal Estate and7ames D. McGeehan, AssistsntSecmtmyofComoEdarodRadcotposatiea, the corporation which executed the foregoing mstmmen4 who aclmowledgod that the seal affixed to saidinshroment is the corporate seal ofWdcorporation; tbat theydidsipandseal said instrument wench Director Real Estate and Assistant Secretexy, on behalf of said corporation; and that said Wstrument is their free act and decd as such officers, respectively, and the free and corporate act and deed of Consolidated Rail Corporation. IN TESTIMONY WHEREOF, I have hereunto subscribed myrhame and affixed my official seal at the time of y ; 00 , 1)!A, thus f3 day of 1M w.f .1999. Notary Public My commission expires: NGrAF11A.: SEAL P08ERr & D'NpO. New;• puxae Cary o1 PhilaWlpnla. Phila. Caunly r:Vasa9aµ 10. x000 NOTICE - ?' ... Grantee (hereinafter, whether one or more, called "Granted") hereby agrm'thst it may not boobtWaiogthengtt ofprotection againsrsnbsideaceresuldn8 from coalminingoperstionsaodthat the purchasedpro1ertY maybe protected from damage due to mine subsidenceby aprivate Contract with the owners of the economic interests in the coal. ATTEST: t' -' `(? A) . a,cc-k Assiisa ctary PENNSYLVANIA LINES LLC d7 c??9u9Qv?l? Real Estate Manager aaoK 238 race 592 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF PHILADELPHIA BEFORE ME, aNotary Public in and forsaid County, personally appeared Robert W. Ryan, Director Rcal Estate and James D. MoGeeghan, Assistant Secretary of Consolidated Rail Corporation, the corporation which executed the foregoing insRmneent, who acknowledged that the seal affixed to said instrument is the corporate seal of said corporation; that they did sign and seal said instrument as such Director Rcal Estate and Assistant Secretary, on behalfof said corporation; and that said instnnaent is their free act and deed as such officers, respectively, and the flee and corporate act and deed of Consolidated Rail Corporation. IN TESTIMONY WHEREOF, I have hczmuto subscribed my more and affixed my official seal at die time of this; day of August, 2000. JA°NNotsry Public My commission expires: nwa1W 80 &lea P. fta 00yh?NYpG agPn F.?MatJaR ?, i001 ANmEeIPain Ms0ri160e of Nobble now. 238 e;cc 593 CERTIFICATE OF RFSMENCE I hereby certify that the precise residence of the Grantee herein is: Pennsylvania Lines LLC do Norfolk Southern Railway Company 110 Franklin Road SE Roaroke, Virginia 24042-0028 N7pL40 v.Qq;?>(rj\J For Grantee This insnLVment prepared by; V. Hill-Everett rn Real Halals Counsel Norfolk Southern Corporation Suite 1702, One Georgia Carta 600 West Peachtree Street. NW Atlanta, Georgia 30308-3603 PA-PRRQCD.w61 REV. 4/29/99 Doug 238 FAU 594 a ?. a z ao F- V m X5 ui ac W m u 1 4 '00 Nl7INb'AFaf 46 N & ? 9L N N ?- N 0 C4 t i O ? ? t?f O N ? av M i''f s J S IS J aaonoo EXIEW B Camberiand County, Comnoawealfh of Peosylvaxia Reading COmany Getysburg and Harrisburg Breach A0 right, We and interest ofGreawr in that lime of railroad being a portion of the forata Reading company, being known as the Gettysburg and Ha»ebtag Branch, comprised of Wad and right of way ibr mein tracks, branch tines, sidings sod other appurtenant railroad baLties lying and being in cumbedand county, Pennsylvania being father idmriSed as USRA Line Code 0315 as described in deed 5om Andrew L. Lewis, Jr. and Joseph L. Caste, as Trustees of the Property of Reading company, to Consolidated Ralf corporation, dated March 29, 1976, as recorded with the Office of the Recorder ofDeeds for Cumberland County, Pennsylvania, in Deed Boot 7, Volume 27, Page 427, and being more particularly described as follows: Said portion of railroad beginning at a point on the tract cuaerliae of said Railway, said point bang located at Railway Valuation Station 1+00, more or less, as shown on Rahway Valuation Map V-34P/1; thmoe, with said Railway in a gas" southwatwardly direction with a strip of land ofvarying width on each side ofthe centefine oftrack of said Railway for a distance of 1,707 feet, more or ins, to a pant on the northerly roe of that property conveyed by Coombdated Rail Corporation to Seawbeels, Inc. by teed dated September 27, 1983 (Case No. MOSS, said point being located at Railway Valuation Station 18+07, metre or less, a shown on Railway Valuation Map V-34P/1; thereM noommaaturg at a point on as mdsdtg lateral pa lean, said point being on the common boundary between property of Grantor and that property retained by the Tnustces as described on Exhibit B, Page 54 of the above-refneoced deed ad bang located at Railway Valuation Station 330+82, as shown on Railway VAtadon Map V-34PI13 and continuing with said Ralway, in a Sueewl soutlwardly direction for a distance of 8,318 fat, more or lass, to a point on an existing lateral out Ime, said point being oa the common boundary ofthe prop" of Grantor and that property retained by the Trustees as described on Exhlbe B, Page B- 5 of the above-rewetmM deed and bei g located at Railway Valuation Station 414+00, mots or kss, as shown on Ra0way Valuation Map V.34P/16, Said lime of railroad being wbWxeWly see shown on Railway Valuation Maps V-34P/l and V-34P/13 through V-34P/16, ieclsave, attached hereto and made a part bemof: Philadelphia, Harriabntg and Pitbbargb Breach Also, that portion of railroad, being fiather idani5ed as USRA Jane Code 0333, as acquired by Grantor pursuant to the abovedeacn3ed deed as recorded with the OSce of the Recorder of Deeds for Cumberland County. Pennsylvania, in Deed Book Z, Volume 27, Page 427, known as the Philadelphia, Harriahurg and Pittsburgh branch, beginning at a pow on the track oadeshne of the aforesaid Philadelphia, Harrisburg and Pittsburgh Branch at a point on the common line betwoen Dauphin County and Curnbedand County, Pennsylvania, said point being located at Railway Valuation Station 57+00, mote or ess, as shown on Railway Valuation Map V-21 P/3; thence, with said Rahway in a general scutlweuwwardly direction with a strip of land of varying hr, t as nox 238 FA6E 596 width on each side ofthe crnnediae of track of mid Railway for a distance of 49,171 fat, more or less, to a point on the common line between York Canny and Cumberand County, Petmsylvama, said point being located at Railway Valuation Station 548+71, more or leads, as shown on Railway Valuation Map V-21?/2 1; thence, recommencing at a point on said track cennerfiete on the common bite between Yak County and Cumberland County, Pennsylvania, said point being located at Railway Valuation Station 661+54.5, more or leas, as shown on Railway Valuation Map V-21P/26, theme continuing with said Railway in a general snutlrwestwardly directiorn with a ship of laud of varying width on each side of the omtedme of track of said Railway for a distance of 151,760.5 fast, more or less, to a pant on the common Emit between Cumbefland Comity and Fruldin Cowry, Pertaylvatua, said past being located at Railway Vehumon Station 2179+15, more or ksa, as shown on Railway Valuefian Map V-202/1. Said line of railroad being substantially as shown on Railway Valuation Maps V-21P/3 through V 21FIS3, inclusive, and V-21P211, attached hereto and made a pact hereof Phrladelplria, Elsr erg and Pittsburgh Branch (Coauectipg Track) Also, that portion of railroad, bang fiurthe identified as USRA Line Code 0334, as acquired by Graunor pursuant to the abovadacnbed dad as retarded with the Office of the Recorder of Dads for Cumberland County, Ppmsylvaik in Deed Book Z, Vohm* 27, Page 427, known as rho Philaddpltia, Hnrisburg and Pittsburgh Branch (Comteetiull Track), at a point on the hack ceaerfine of the aforesaid Philadelphia, Harrisburg and Pittsburgh Break (Connecting Track) at a comxction with USRA Line Code 0333 near Railway Valsatiau Station 2140+00 and the Pero Cenral Transportation Company's line ofralroad known as the Cumberland Valley Branch, said point ben approxmaas Railway Valwtioa Station 24+25, more or less, as shown on Railway Valuation Map V-2 1P/82; theme with arid Railway in a general southareewatdly direction with a strip of lend of varying width on each side ofthe oeterf ne of trek of ufd Railway for a distance of 1,924 fat, more or less, to a poor on the common firs: between Cumberland County and Franklin Comity, Pctmeylwuua, said pout bang loaned at Railway Valuation Station 43+49, more or less, as shown on Railway Valuation Map V-21P/84; thence, remaining chit county at the common fine between Franklin Canty and Cumberland Cowry. said point being looted at Railway Valwtiom Station 50+64, more or IM as shown on Railway Valuation Map V-21P/84; therse, a portion ofthe lice loving the cowry at Railway Valuation Station 56+53. more or less, on Railway valuation Map V-21P/85, bang the oN?smrth projeaiem of the irregular Cumberleaffrektin County fine; thence, the balance of the line laving the county at the common Imo between Cumberland County and Franklin Cowry, said poor being located at Railway Valuation Station 59+64, more or less, as shown on Railway Valuffiiam Map V-2 1P/85, being the onhwatleambast projection ofthe i r%id r Cu bertatiffrarklin County line. Said tine of railroad being subst MJIy as shown as Railway Valuation Maps V-2 1P/82, V-2 IF/84 and V-2IP/85, anachred hereto and made a part hereof rWaer5 wit M We 597 . ... w wen I-•.r The Northern Central Railway Company Penn Central York Haven Line All eight, title and imeea[ of Grantor is that tine of railroad being a portion of the N-mer The Northern Central Railmy Company, being known as the Pam Camra York Haven Line, comprised of land and right of way for main tracks, branch lines, sidings and other appuricam railroad halides lying and being in Coutballand County, Pennsylvania, bang further identified as USRA Line Code 1325 as described in a deed fmm FaiRar Leary, as Trustee oftbe Property of The Northern Cenral Railway Company, to Consolidated Ral Corpornioq dated Mach 31, 1976, as recorded with the Office ofthe Recorder of Deeds for Cumberland County, Pemsylva* in Dead Rook Z, Volume 27, Page 4166 and being more particularly described as follows: Said portion of railroad beginning at a pow on the track cemerfmc ofsaid Ralwity at the cormooe fate between York County and Cambulaod Cmi ty, Pennsylvania, said point bang btmted at Rahway Valmtiom Station 4272+I8, mots or less as shown on Railway valuation Map V-2/46. thKene. condoning with and Railway in general aatkwOtwadly and notthwardly directions with a snip of bind of varying width en twh We of the eemehioe of track of said Railway for a distance of 45,867 fan, tttore or less, to a point an the common iioe between Cumberland Canty and Perry Cormty, Pennsylvania, said point being located at Railway Valuation Station 4730+85, more or km, as shown on Railway Valuation Map V-2/54, Said lice of railroad being substantially, as shown on Railway Valuation Maps V-2146 through V-2/54, mck,ssm, attached hereto and made a part hereof. Penn Central Tnmsporntioo Company Eadaarawk All right, title and interest of Cumtor in that ilia of railroad being a portion ofthe forma' Penn Central Transportation Cow, being how as the Eoola 13rtoeb, composed of land and tight of way for main tradtt, branch times, sidings and other appurtenant railroad Snct'tities lying and being in Cumberland County, Paonaylvaaia, being Suther identified as USRA Line Code 1326 as described in deed from Rabart W, Blanchette, Richard C. Bond std John R MoArtbta, as Trustees of the Property ofPe>m Central Transportation Comparty, to Consolidated Rag Corporation, dated March 30, 1976, as recorded with the Office of the Recorder of Deals for Cumberland County, Pemgivaroa, in Dead Rook Z, Vohm 27, Page 468, and being errors particularly described as follows-. Said portion oftailroad begbodmg at a point on the track ocr Wline of said Railway at a commotion with USRA Tine Code 1325, said point being located at Railway Valuation Station 0+00, being equivalent to Railway Valuatoo Station 4530+29 as shown an Railway Valuation Map V-23T./l; thence, condoning with said Railway in a general aortbwardly direction with a r.®nds am 238 Fact: &% et strip of land of varybtg width on coat side of the centerline of track of said Railway for a distance of 20,705 feet, more or less, to a point on the common One between Cumberland County and Pony County, Facia, said point bang located at Railway Value" station 207+05, more or less, as shown on Railway Valuation Map 70M I (also known as V-4.31/1). Said line of railroad being substsmially as shown an Railway Va4matbn Maps V,2hi./1 through V-217'./4, inclusive, and 7008/1 (also !mown as V-0.31/1), attached harm and made a part hereof Cumberland Valley Branch Also, that portion afram7road, bang further identified as USRA Liza: Code 1331, as acquired by Grantor Mrauam to the abov"tooffbed deed as recorded with the 001ce oftbe Recorder of Deeds for Cumbedatmd County, Paanylvama, in Deed Book Z, Volume 27, Page 468, known as the Cumberland valley Branch beginning at a point on the track centerline of the aforesaid Cumberland Valley Branch at the common line between Dauphin Ceuruy sod Cumberland County, PeangKwfig said point bang We" in Radway Valuation Stow 65+63, more or less, as shown on Railway VahWion Map V-32.0/2 (also known as V-1.0/2) and on V.S.42.01S.L.2 (also known as V.S.4,061.2), said point ale, being on the westerly line of Consolidated Rail Corporation Cue No. 71220, thence, with said Ralwey in a general westwardly direction with a strip of land of varying width or each aide of the comedies oftrack of said Railway for a distance of 104,2621 feet, more or lea, to a point on the needy lime of that property conveyed by Cotuotidated Marl Corpowaou to Data M. Howell (Case No. 69018), said point heft located at Railway Valuation Station 1109+25.8, more or lea, as shown on Railway vawation Map V. S, 32.0/21 (also known as V.S.-1.021 thence, recomnmaog at a point on the common lira between Franklin County and Cumberland Canty, aid point being bated at Railway Vahtuion Station 2173+70, more or less, as shown on Railway Valuation Map V.S: 32.0/41 (also known as V.s -1.0/41). erg the prnpesty sibun a telly oftle comvoyanee by Consolidated Rag Corporation by deed dated February 23, 1995 to Cumberlsnd Valley Rags to Trails Council, Inc. (Case No. 71212) sod commumg with said Railway in a southerly Cvecdam for a distance of 1.160 tbc4 more or less, to the point on the common Not between Cumberland County and Franklin Ca my, Pmtsylvmria, said point being located at Railway Valuation Station 2185+30, more or hiss, as shown on Railway Valuation Map V-32.0142_ Said be orrailroad being substantially as shown on Ralwsy vahunion Maps V-32.012 (also known as V-1.0)2) through V.S.-32.Or2l (also known as V.S.4.01211 inclusive, V.S -32.0141 and V-32.0142, attached hereto and made a part hereof, Manor Rao Estate Company All right, title and interest of Grantor b that property aegebed by deed from Manor Real Estate Company to Consolidated Reg Corporation as recorded with the Office of the Recorder of Dads for Cumberland Colony, Pennsylvania, in Book 237, Page 487, said deed being iraarporated herein by refeMM. PW4 ors voK 238 PAU 589 Reserving and Excepting however those structures that are oamtained within that land that is being teased by PRR to Consolidated Rail Corporation at or near Lucknow, Penrmylvatda, by agreermt of even date or near the date of this deed, said land being tnore partiwluly daSned as shown on drawling TRM-1999-3, attached hereto and made a part hereof, L,us and I;xeeps, those parcels of land, lying and being at or near Eno* liamylvanta, and being more particulariy defined as shown on Exhibit BI and Exhibit B2, hereto attached and made a part hereof, tee s err BOON 238 "C irn,0 EXE1Bn S CCONTrNUED/ LESS AND EXCEPT any portion of the above described property previously conveyed w unnamed parties. BOOK 238 e? a GUL .i 137 Y 06 n 46, TM8 Drab we BENe RE:CoRD® TO CORRECT a Qukcwm Dead dated may 1e, t999 and affecOw as or.Rate 1, 2009 here Consolidated Rag Cdfpmatlon to PemsyM min LbM LLC fha l October 7, IM In Deed Book 109, Page 149, Cumbedand County, Pamreylvanla Resoles on which all applicable tmneler fart was pall, The anonecus sung bateded an inaaroet legal description, as wall ere, imp eabibrA that ware net applicable. Mail to: I.inda V. Hill-Everett Senior Real Estate Cotmsel Norfolk Southern Corporation o r Suite 1702, One Georgia Center ?--_ 600 West Peachtree Street, NW ; n o Atlanta, Georgia 30308-3603 w c Name and Address of Taxpayer: Pennsylvania Lines LLC Z-a c c/o Norfolk Southern Railway Company ca en 110 Franklin Road SE ,... K M m Roanoke, Virginia 24042.0028 c w A V,ORRECTIVE OUITCLAIM DEED THIS INDENTURE made as of the 22nd day of August, 2000 eW effective as ofthe 1st day of June, 199?, by and between CONSOLIDATED RAIL CORPORATION, a Pennsylvania corporation ( herein "Grantor"), having its principal office at 2001 Market Street, Philadelphia, Pennsylvania 19101-1419, and PENNSYLVANIA 4llWS LLC, a Delaware limited liability cony, and wholly owned subsidiary ( herein "Grantee', whose tax trailing address is c/o Norfolk Southern Railway Company, 110 Franklin Road BE, Roanoke, Virginia 24042-0028, WHEREAS, as aplan of corporate reorganization, Orantorbas created Grantee as its wholly owned subsidiary; and WHEREAS, as a part of that plan of reorganization, Grantorhas agreed to a contribution to the capital assets of Graffiee of certain real estate imtrests, including lines of railroad thereon, in several states within the United States; WITNESSETH: That For no consideration, Grantor does hereby quitclaim unto Grantee, Without warranty of any kind, all of Grantor's right, title and interest in and to the Real Estate Situated in the County of Cumberland, Commonwealth of Pannsylvanik substantially as shown on Exhibit A and more particularly described in Exhibit B, attached herteo and made apart hereof (hereinafter"Property'); In accordance withthe rograrementsofSection 512(b) oftbePerosylvaniaHaandous Sites Cleanup Act, 35 P.S. Section 6020512(b), and Section 405 of the Pennsylvania Solid Waste Management Act, 35 P.S. Section 6018.405, as may be applicable, Grantor hereby acknowledges that certain hazardous substances have been dchKO t at the property described in this deed. Grantor hereby wf a$Y h4 acknowledges that cestam hazardous substances may have been disposed at the property. A description of the types of substances that have been detected and the locations when such aubseences have beandetected is set forth in Exhibits C, D and B-1 of this deed, respectively. TOGETHER with, in "as is, where is" condition and without any express or implied warranty, as to condition or ftmess for any purpose, all of Grantor's right, this, and interest in the road bed, tracks, depots, yards, storage said parking areas, culverts, bridges, tunnels. buildings, structures, communieationandsignal facilities, fixtures, and all other railroad appurtenances located upon or appmteaam to the Property, and all sidings and spur tracks contiguous to and connected to the Property, except as provided in the ansched Exhibits- TOGETHER with all mineral rights, timber rights, rights to cross public roads, fiber optic rights, rights of repurchase or reversion, and air rights in any way appertaining to the Property. SUBJECT, however, to any conditions, restrictions, reservations, agreements, leases, encroachments, licenses or cameras, whether or not of record. RESERVING, unto Grantor, its successors and assigns, but only to the extent and duration necessary to continue in effect those existing fiber optic agreements of Grantor impacting the property whichhave beenreammel by Gramottmderasepatateagreement a nonexclusive easement toinstall, construct, operate,meirtaio, repair.reriew, andreplace afiberoptic commumcation system over, through, and across the Property. Such easement providing for and including, but only to the extent required by the existing fiber optic agreements, among other thinos, the right to install, consbuct, operate, maintain, repair, renew and replace fiber optic cable, associated electronics, repestersheltets, terminal hicilities, connection boxes and pull boxes, and related facilities; the right to install power supply facilities; the right to attach the fiber optic cable and related facilities to existing bridges and to install it in existing timnels; and the right of ingress and egress for access purposes; all such rights to be exercised without any payment by Grantor for same. Such easement to be exercised in a manner which does not interfere with the rail operations of Grantee or the ability of Grantee to grain other such communication easements or licenses, except to the exsem the effective exercise of this easement reasonably entails such interference, and upon exercise of such easement, Grantor, At Grantor's sole expense, will MAOM the Properly rc a condition adequate for continued rail operations by Grantee. NOTICE•THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LANDDESCRMEDORREFERRED TOHBREINAND THE OWNER OR OWNERS OF SUCH COAL MAYRAVETHE COMPLETE LEGAL RIGHTTO REMOVE ALL OF SUCH COAL AND, IN THATCONNECTTON, DAMAGEMAY RESULTTO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR tooK 238 PAGE SE5 PPMvED BY THIS INSTRUMENT. (THIS NOTICE IS SET FORTH PURSUAN'T' TO ACT N0.244, APPROVED SEPTEMBER la, 1965) WITNESS the due cxecution hewof , effective as of the day and year first above written. ATTEST: 7 '::tS 74 STATE OF P14NSYLVAHIA COUNTY OF PH LADELPHIA :SS. CONSOLIDATED RAIL CORPORATION By art W. Director Real rsaea<e BEFORE M8, aNotaryPublic inandforsaidCounty, petsonatlyappeued Robert W. Ryan, DimotorRealEstate and 7amesD. McGeehan, AssistautSecretuyofCaaolidatedRail Corpm7don, the corporation which executed the foregoing instrument, who acknowledged that the seal affixed to said instrument is the corporate seal ofsaidemporation; that they did sign and seal said inor meat as such Director Real Estate and Assistant Secretary, an behalf of said corporation; and that said instrument is their flee act and dead as such officas,respeotively, and the free and corporate act and deed of Consolidated Rail Cmparaflon. IN TESTIMONY VMREOF, Ihave hereunto subscribed my name and affixed my official seal at the time of II : On , 4561, this 1S day of M- q . 1999. Notary Public My commission expires: Cry err reiapeq ;;? ?..e, c . 1KCcRmavon Expircg &¢.,,e t3. NOTICE - 600K 238 PAU 506 COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. BEFORE ME, aNotary Public in and for said County, personally appeared Robert W. Ryan, Director Real Estate and James D. McGeeghau, Assistant Secretary of Consolidated Raul Corporation, the oorporation which executed the foreprog instrument, who acknowledged that the seal arced to said instrument is the corporate seal of said corporation; that they did sign and seal said instrument as such Director Real Estate and Assistant Secretary, on behalf of said corporation; and that said instrument is their free act and deed as such officers, respectively, and the free and corporate act and deed of Consolidated Rail Corporation. IN TESTIMONY Wt1EREOF,1 have hawmto subscribed my name and affixed my official seal at the time of this day of August, 20M. Ay"1N/' u- My commission expires: Sun P, A:VyPoL_ y,n 0atubas ?=Ew'im2tt pr, IAa?Aen PyMpyryanq I souK 238 Face 567 00un Grantee (hadmoder, whether one or more, called "Grantee") hereby agrees that it may not be obtaining the right ofpmtwuon against subnde= tesuhing from coal mining opaabonss and that the p=hased property may be protected fmmdamageduetoMine subsidencebyaprivateeO t= with the owners of the xonomic interests in the cceL ATTEST: PENNSYLVANIA LINES LLC ?A kL LO?rQ> kJ Assistant ry Real Estate 112aoagu CERTIFICATE OF RESIDENCE 1 hereby certify that the precise residence of the Grantee haein is: Pensyly u Lines LLC c/o Norfolk Southern Railway Company 110 Franklin Road BE Roanoke. Virginia 21042-0028 ?a Lo VP J,/ For Grantee This i mmunccnt prepared by: 62 V. FIi11-Everett Senior Real Estate Counsel Nm** Son&= Corporation Suite 1702, One Georgia Canter 600 west Peacbnee Stu, NW Atlanta. Goorea 30308-3603 PA-CL%MMU ANIYENVPRR.w61 REV. 5/13/99 6006 238 PAU 566 1 ? r ? A °a O a. 9L d" h; C4 N t?9 N N C4 m ?•- i ?. ' ?^ r Z r M M Ali eq l7 N N Go O •5 ? . O UUUUUU J J J J J J SESSER ® a' Z ' D ? w a o V a? =z m 0 ? , ? V = Z m • 1 A C9 oaax 238 PACE 569 '0,7 NI71YP b"-4 YBIT B All those parcels of land situate, lying and being to Cumberland County, Permsylvama, being a portion of USRP, Line Code 1325 as described in a deed from Fairfax Leary, as Trustee of the Property of The Northern Central Railway Company, to Consolidated Rail Corporation. dated March 31, 1976, as recorded with the Office of the Recorder of Deeds for Cumberland Comity, Pennsylvania, in Deed Book Z, Volume 27, Page 416, and a portion of'USRA Line Code 1326 as desentsed in a deed from Robert W. Blanchette, Richard C. Bond and John H. McArthur, as Trustees of the Property of Pam Central Transportation Company, to Consolidated Rail Corporation, dated Match 30, 1976, as recorded with the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book Z, Volume 27, Page 468, and being more particularly described as shown on Exhibit B I and Exhibit B2, attached hereto and made a part hereof boon 238 PAGE 573 PW I cr ZIBERM 8 LESS AND EXCEPT any portion of the above described pmpotty previously conveyed to uwuo d partim nox 238 Foci 571 11 11I ? ? ® II " a ymd?. 4M^'^ 3 .•\ I.rIM.• 1 fl .70 / EXHIBIT B l ® RE; 2/51 • USRA LC 1325 ® Area to be included CUMBERLAND COUNTY eoou e38 raer 572 ENOLA, PENNSYLVANIA PROPERTY TO BE l CLUDED FROM PENNSYLVANIA LINES LLC a a t l1 a?. - Ny. j r" °'?nrry? x Lo r h NY.l1 V Tn Leawvue ,?d 1. .. .:.... ..... ...1 EXHIBIT BZ R,My'V7JT/2 - USRA Lc 1325 IXXX71 Area to be inciudea CUMBERLAND COUNTY am 238 PAGE 57IOLA, PENNSYLVANIA PROPERTY TO BE INCLUDED FROM PENNSYLVANIA LINES LLC Cumberkud County/Euola Yard Exhibit Cl Polychlorinated bipheals ban bem do =W at the propaty. Exhibit C2 Polyddormwd biphenyls have been datected at tho property. eov 238 FAR 574 Cumberland County/Eno1a Yard Exhibit D In 1984, Grantor closed two hued lagoons. in 1985, Grantor closed in place an unlined lagoon in the location shown u Figure BI, in compliance with a closure plan approved by the Pennsylvania Department of lsnvironmmtal Protection. Thereafter, a recovery well system was installed in this area to collect light non-aqueous phase liquids. Certain surface water release areas were addressed through containment and collection devices. Pursuant to a Content Agreement and Final Order with the United States Environmental Protection Agency ("EPA") dated October 5, 1979, Grantor investigated areas within the property shown in Figure B2. Based on the results of this investigation, Grantor completed remedial steps under the supervision of EPA in 1980 by excavating and removing certain soils. Additional investigative activities have been conducted in both areas pursuant to an administrativc order issued by the Pennsylvania Department of Environmental Protection to G=tr on August 6,1998. J 5 i J .1 " r r , ?? :. " ti: ,.+.-t; " ' ? :u r' Pcnnsy!venia ll r ,,:; r c. Cur. berlrndl of Deeds recardrq h ' M16i ;::'?n?^?7L? e m M : offine for t hJ+Ia:A CCUm , E:+d J 9q ? my hAi :r "nil of of I C?L . PA this 9',w iF ?!?,?"?-'' ! BOOT 236 PAGE 575 ** TOTAL PAGE.33 ** '., 7 \ i v Vj C LIP, all t- (V Cl L'J JUN 0 2 2004 - ? r IN THE MATTER OF TAX CLAIM BUREAU OF CUMBERLAND COUNTY TAX SALE HELD JULY 2003, NORFOLK SOUTHERN RAILWAY COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND PENNSYLVANIA LINES LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW PETITION TO SET ASIDE TAX SALE PROPERTY NUMBER 02-20-1800-099A Objectors and Petitioners CUMBERLAND COUNTY TAX CLAIM BUREAU : No. TIMOTHY DERK AND MALCOM DERK, Il Respondents RULE TO SHOW CAUSE NOW, this T day of Iwt_ 2004 upon consideration of the foregoing petition, it 77 is hereby ordered that: a rule is issued upon the Cumberland County Tax Claim Bureau ("Bureau"), Timothy Derk and Malcom Derk II to show cause why the Petitioners are not entitled to the relief requested; 2. the Bureau, Timothy Derk and Malcom Derk II shall file an answer to the Petition to Set Aside Tax Sale and Objections and Exceptions within 20 days of the date of this order; 3. the Petition to Set Aside Tax Sale and Objections and Exceptions shall be decided under Pa.R.C.P. No. 206.7; 4. notice of the entry of this order shall be served on the Bureau, Timothy Derk and Malcom Derk II by first-class, certiiied mail, return receipt requested; a hearing shall be scheduled upon motion by any party; and tj LS :z IV !J c- P lkr hOR M'; ivf lU ' i „' !1 0 6. a briefing schedule shall be issued after the hearing has been scheduled. -2- By the Court: ??j F ?`^ f s? ? 1 kr F F? IN THE MATTER OF TAX CLAIM : IN THE COURT OF COMMON PLEAS BUREAU OF CUMBERLAND COUNTY : CUMBERLAND COUNTY, PENNSYLVANIA TAX SALE HELD JULY 2003, : CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY,: ITS AFFILIATES AND SUBSIDIARIES, AND PENNSYLVANIA LINES LLC, OBJECTORS AND PETITIONERS: PETITION TO SET ASIDE TAX SALE VS. No. 04-2473 CIVIL CUMBERLAND COUNTY TAX CLAIM BUREAU, TIMOTHY DERK AND MALCOM DERK, II, RESPONDENTS ANSWER OF RESPONDENTS TIMO' TO PETITION TO OBJECTIONS AND FILED BY NORFOLK AND PENNSYLVANIA AND NEW NATTER CHY DERK AND NALCON DERK, II SET ASIDE TAX SALE AND EXCEPTIONS TO THE SALE SOUTHERN RAILWAY COMPANY LINES, LLC (PETITIONERS) TO THE HONORABLE, THE JUDGES OF SAID COURT: Timothy Derk and Malcom Derk, II (hereinafter "Derks"), Respondents above captioned, by their attorney, Dale F. Shughart, Jr., Esquire, and file the following Answer and New Matter: 1. It is admitted the Court has jurisdiction over the subject matter and parties to this proceeding. For the reasons stated below, it is denied that the Petitioners have standing or that the Petition has been filed in a timely manner. 2. Admitted. 3. Denied. On the contrary, to the best of the Derks' knowledge, information and belief, the real property in question, Cumberland County Tax Parcel #02-20-1800-099A (hereinafter "Property") owned by Penn Central Transportation Company (hereinafter "Penn Central") on July 25, 2003 and at all relevant times prior thereto and is now owned by Derks. By way of further Answer, the averments of Derks' New Mattes' are incorporated herein by reference thereto. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted with a qualification. Derks claim ownership of the Property by virtue of a Deed from the Cumberland County Tax Claim Bureau dated July 28, 2003 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 258, Page 1616, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 8. Admitted. 9. Denied. On the contrary, to the best of Derks' knowledge, information and belief the record owner of the Property at the time of the Repository Tax Sale on July 25, 2003, and at all relevant times prior thereto, was Penn Central. By way of further answer, the averments of Derks' New Matter are incorporated herein by reference thereto. 10. Denied. On the contrary, to the best of Derks' knowledge, information and belief a review of the Deeds from Penn Central to Consolidated Rail Corporation discloses that these conveyances did not include the Property in issue. Derks are the true and record owners of the Property. -2- 11. Admitted in part. Denied in part. It is admitted that Petitioners did not receive statutory notice of the Tax Sale. It is denied Petitioners were entitled to Notice. Penn Central conveyed portions of its real property interests in the Borough of Carlisle, Cumberland county, to Consolidated Rail Corporation on March 30, 1976 by Deed recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "Z", Vol. 27, Page 472. However, it is denied that this Deed conveyed the Property in issue in this case. Under the circumstances, the Quit Claim Deed of May 19, 1999 from Consolidated Rail Corporation to Pennsylvania Lines LLC did not, and could not, convey title of the Property to Pennsylvania Lines. Petitioners had and have no ownership interest in the Property. By way of further Answer the averments of Derks' New Matter are incorporated herein by reference thereto. 12. It is admitted Petitioners were not served notice of the Tax Sale. Petitioners, owning no ownership interest in the Property, nor having any security interest therein, were not entitled to notice. 13. It is admitted Petitioners were not served notice of the Tax Sale. Petitioners, owning no ownership interest in the Property, nor having any security interest therein, were not entitled to notice. 14. Denied. On the contrary, after reasonable investigation Derks are without knowledge or information -3- sufficient to form a belief as to the truthfulness of the averments of Paragraph 14 and proof thereof is demanded. By way of further Answer, the averments of Derks' New matter are incorporated herein by reference. 15. Denied. On the contrary, after reasonable investigation Derks are without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 15 and proof thereof is demanded. By way of further Answer, the averments of Derks' New Matter are incorporated herein by reference. 16. Denied. On the contrary, after :reasonable investigation Derks are without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 16 and proof thereof is demanded. By way of further Answer, the averments of Derks' New Matter are incorporated herein by reference. 17. Denied. On the contrary, after reasonable investigation Derks are without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 17 and proof thereof is demanded. By way of further Answer, the averments of Derks' New Matter are incorporated herein by reference. 18. Averments of Paragraph 18 state Conclusions of Law and no Answer is required. If an Answer is required, the averments are denied. On the contrary, Derks believe and therefore aver -4- that at the date of the Tax Sale on July :25, 2003, and at all relevant dates prior thereto, legal title to the Property was owned by Penn Central, that the Petitioners owned no title or security interest in the premises, that consequently Petitioners were not entitled to notice of the sale, and that the Tax Claim Bureau Deed conveyed full legal title and ownership to Derks. WHEREFORE, Derks pray Your Honorable Court to dismiss the Petition of Norfolk Southern Railway Company and Pennsylvania Lines LLC and affirm the validity of the Tax Claim Bureau Deed. NEW MATTER 19. The averments of Derks, Answers to the Petition, Paragraphs 1 - 18, inclusive, are incorporated herein by reference thereto. 20. The Property, now owned by Derks, was originally granted and conveyed by William H. Bretz to Cumberland Valley Railroad Company, by Deed dated November 2:3, 1903 and recorded January 7, 1904 in the office of the Recorder of Deeds in and for Cumberland County in Deed Book "O", Vol. 6, Page 227. 21. The ownership interest of Cumberland Valley Railroad Company subsequently vested in Pennsylvania Central by Deed reference to which will more fully appear at large, and which can and will be provided at a hearing on this matter, should identifying the precise Deed reference become relevant. 22. Although Penn Central granted and conveyed various of its real property ownership interests in Cumberland County, -5- Pennsylvania, to Consolidated Rail Corporation, Derks believe and therefore aver that Penn Central retained ownership of the Property in issue. 23. The Property in issue was originally listed for Upset Tax Sale in 1998. Notice of the Tax Sale was sent to Penn Central, which accepted service thereof. A true and correct copy of the Records of the Tax Claim Bureau are attached hereto, made a part hereof, and marked Exhibit 'FBI' 24. Derks believe and therefore aver that after the initial attempt to sell the property at Upset Tax Sale in 1998 the then Director of the Cumberland County Tax Claim Bureau, Jacob Heisy, spoke on the telephone on more than one occasion with Representatives of Penn Central in Ohio and was advised by Penn Central that it was not interested in redeeming the property. The notification of Penn Central and the telephone conversations between the Tax Claim Bureau and Penn Central employees support the contention of the Derks that Penn Central retained ownership of the Property. 25. The Petitioners have no ownership or security interests in the premises and therefore have no standing to object to this Tax Sale. 26. Almost five (5) years have elapsed since the Property was exposed to Upset Tax Sale during which time Petitioners claim to have owned it. The time for filing of Objections and Exceptions to the sale under the Real Estate Tax Sale Law, 72 -6- P.S. 5860.101 et seq. have long since expired. 27. The Objections now filed are in the nature of a Petition, nunc pro tunc, filed more than 'ten (10) months after completion of the repository tax sale. The Derks believe and therefore aver that the Petitioners knew or reasonably should have known the Property was being sold for delinquent taxes and that this Petition, nunc pro tunc, for leave to pursue Objections is untimely and should be dismissed. WHEREFORE, Derks pray Your Honorable Court to dismiss the Petition of Norfolk Southern Railway Company and Pennsylvania Lines LLC and affirm the validity of the Tax Claim Bureau Deed. Respectfully submitted Dale F. Shughar Jr. Attorney I.D. l J73 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 -7- VERIFICATION Malcom Derk, II hereby verifies that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made sub' alties of 18 Pa. C.S. §4904 relating to unswor alsifications. DATE : o?? REPOSITORY SALE); OF DEED.; ,LAND COUNTY. L&tX Whunt13 aurpttu J?rvb QT4'a ?BPPII Made this_ ..............28th July ............ between the TAX CLAIM BUREAU, ay of ...............:...................., 20..03., of the County. of Cumberland, Pennsylvania, as Trustee, GRANTOR, and Tunpthy Denr and_Melcolm Dek B ofZerbe Township, Northumberland CounTy, Pennsylvania ........................... .......................... ............... ..... ... ... rantee I{'tifBSP{{Ir that in consideration of & SI,122;00 in hand • •.... hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, ... tlxir heirs and assigns, the certain premises sit uate in Cumberland County, Pennsylvania, as follows: ............................CASIislS,?pfpugh.. N. East Stme lot 02-204900-099A See Appendix "A" for legal description Owner or reputed owner as returned to said Bureau Penn Central Transpodent rtation 1 E. Fourth St, Provi Tower 15th Flow the same having been sold by the Tax Claim Bureau mCtheteaadt OH 45202 grantee, on the .25th o ................ day of .... ., July.,_.,_...,., ........ ,,, Anno Domini two thousand and ... three three after due advertisement according to law, the period of redemption for the a having expired without the property having been redeemed, or any tax judgements heretofore having been entered against the described property having not been satisfied, or no agreement to stay the sale of the within described property having been entered into, or the within described real estate no longer remaining in possession of a sequestrator, by Repo&0-Sale under and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law), n OftsftSS X4tre4 raid Grantor Director the day and year first above has hereunto caused this Deed to written, be executed by its TAX CLAIM Signed. Sealed and Delivered CUMBE COUNTY PENNSYLVANIA, in the Presence of RAND : TRUSTEE ......................................... ........................ . ............ ................... BY .................._W ..... ......... (SEAL) Cbt\73•IONW EALTH OF PENNSYLVANIA Director COUNTY OF CUMBERLAND ss On this, the .........CH.A.41 ......... ..... before me, the Prothonotary of the County of Cumberland, the undersignle ofhcer, .. .................................... jill- .{r:.kleixY.... personally appeared Cumberland, Cotontonwealth of Director of -" im Bureau of Pennsylvania, known to of the County of instrmr t and acknowledged that he executed the met' vot?tlC a oit -- described in th foregoing poses h?e7trein7 pcqontained,? saute m (?;?!'t71l7phi stated and for the pur- Cvrn rm[itICSB p+hel'Pp{r I have hereunto »'?;i_?? 1_.f•^ f ratfirate of s 1 hereby certify that the precise residence of the ws :..........................._... ........ _......TimetlsY{1eNcend•Malrokn.Dark.tl..l.l4l.W..SlsarrwklnStnxt,. Trevortoq. PA.1.7Bg.1 ....................... ............... n -pp .................................. s}-s Stephen D. They .......... Cumberland County, Assistant Solicitor Appendix A Tax Parcel No.: 02-20-1800-099A Legal Description ALL THAT CERTAIN lot of ground, situate in the Borough of Carlisle, Cumberland County, Pennsylvania bounded and described as follows. BOUNDED on the South side of property now or formerly of the Cumberland County Railroad Company, on the North by property now or formerly of Charles Lyter, on the East by North East Street, and on the West by an alley. Having a width on said North East Street of thirty (30) feet and extending even width to said alley, with a length on its south side of one hundred seventy-eight and one half (178 %,) feet, on its northern side of one hundred sixty-four feet. BEING the same property which William H. Bretz conveyed by deed dated November 23, 1903 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book O 6, Page 227 to Cumberland Valley Railroad Company. o ? x 177e'Y" ?r N X97 sT. X ?4 ?c ?-/ R f' P?eo P x TR16 CrYr?2 P?PE?e I-y I Certify this to be recorded 11. Cunr;)crlnnd v PA 1 a+aji ~-Recorder of Deeds SNT v boor 258 PACE161 a II 7 p m [H tl M a????osso?8 5 REV-10 "I•AN COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE ORFAU OF INDIVIDUAL TAX10 HARRUSSU O, PA 171284M h each section and file in duplicate t Consideration, or by cite- e, rat REALTY TRANSFER TAX _,e.rae STATEMENT OF VALUE YA SN R1NOff! for (tufrvctions with Recorder of Deeds when (1) the full valuo/eonacimtion is rhos eN forth in the deed, J lox exemption Is claimed. A Statem ust.of Value is not required If the frarufer is wholly exempt blic udih easement If mom two is needed, anach additianel .L..rra PA Malcolm Dark II 1103 W. Shamokin Street -' -••- ' ?wvrowEam DOX Clew for Exemptlon palmed deed ? Wit or intestate succession ? Transfer to Industrial Development Agency, 1 ? x ? Transfer to a trust. (Attach eomPlen Copy of trust afire smem identifying all beneficiaries.) ? Transfer between principal and agent (Attach Complete copy of agency/show Party agreement.) ? Transfers to the Corrmtonweallh, the Untted States and instrumentalities by 9Et, dedication, condemnation or in lieu of condemnation. (If Condemnation or in Iteu of Condemnation,' attach copy of resolution.) ? Transfer from mortgagor to o holder of a mortgage In default. Mortgage Book Number Corrective or confirmarordeed, Pope Number y e (Attach complete copy of the prior deed being corrected or confirmed.) . ? Statutory corporate consolidation, merger or division. (Attach copy of artides.) ? Other (Please explain exemption claimed, if other than listed above.) this Statement, hsdudksg accempanVing isd'emhanen, BOOTS 258 PAUEMS knowledge THE DEED, • ?Mh rrsVfTer(LT OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN T E R6 DEWS REFUSAL _ Cincinnati, OH 45202 r nn ?,nn. rm• Tiavn,r,... •PCo v N N - o?o a 'PrK-,e ?' M'H z> '^ a HmN nW2N I:z ya "M S m wri mS ,: M m'M P . r T ti P n In y CI x z W 'S i S 40 m I ?- ii z ? N .S W VI ..! p S'y N M G! $ V M 'n Y # O T n M m N m nYi m ?¢ N VI r p9 T a 2~ T V T Y S .i W 'N y j ' >f° N +?' ? :9 N A 9 .D W S H O I 1? a D 2 D Rpp1' Z ~ T } ? . D -Ira DCD b-: T '.T4:NP :STT :D A T P la r rI pp ' iC? + Tr3 i? O T :00 k 9 O T 0. S W W T m P y y T .y_ S 4 P SY "1 O m r , y b :Q I: A S # N * W Y? I V m C ?- 'y W ? O O l ] I T * V A O il f e Y b '.Y S t .m H ti? A K M W I V i ? W 1 i l + T l i y ?• :O -1 O y :A A 'S N m : # C r W ti W T. 1+ A '.. m S .? P A * l y W rY m W 4 m . y T \ll 'p m : ' i ti = A T ? 1 y ? D A D O I': yi V :ICJ p VI A S i*P i Y b N @ N N O *. } W iF } * M * ill W m e p . V' ? ti N r 7t N : N A ? ?D y0 A S N S A:? a b C T N r y i N ? y *1: !+ N 1 O r 1 '. T N?'. N CNp T N OpN V O T T O N ' ' p A W T iY' N o1 1e O I '. .N Y :f A 6 *, O O 'A 1 O r On T T N ,T? m M In m T? Z W m.W O W GGGa IN's O M yr * 11"R' N* O C "'1W yti C 8 N '? S q X1 ti S F. 5' W -I O K G • » * M I' a N m 2 m m m] .= * W z yj; m e v .m m C ? I r ir M s fF Y N ..y T Y S vZ'z tiN. •'A VR ,S ?W ' . :N H .T .. 9 j o 1 O * fp il 111 D 9: Cf . m j Y " l.y . w C y y ? y C ( VI A O y C ? ? m M i . . i { y r? s y M µ yeN }[ { } * V ggl ^ ? m = * * A z * An i+FiY,. N: P• V + a ? N ; A (p ltl Ie' rri P A ,M? V A Y SENDER: -Corlblete items 1 and/or 2 for additional services. I also wish to receive the 1 m -Complete itarri 4a, and 4b. o ; following services (for an y -Print y ur name an address on the reverse of this fo card to you. rm so that we can return this extra fee): -Attach this form to the front of the mailpiece, or on the back if space does not it 1. Addressee's Address . d 0 perm -Write "Return Receipt Requested" on the mailpiece below the article number. -Th R t R 2, fX Restricted Delivery Lj y e e urn eceipt will show to whom the article was delivered and the data E delivered. ConsuI postmaster for fee I'L w 3. Article Addressed to: 4a. Arti . m er d PENN CENTRAL TRANSPORTATION CO Z 969 ] 21 659 c { E TAX DEPARTMENT . 4b. Se a Type 00 rn PROVIDENT TONER 15TH FLOOR ? Registered ? Certified 0: w 1 EAST FOURTH STREET . El Express Mail ? Insured rn 5 pc CINCINNATI OH 15202 ? Return Receipt for Merchandise ? COD z G 02-20-1800-099A 7. Date of Deliv _ n ' O T 5. Received By: (Print Name) 8. Addressee's Ad ress (Only if requested Y m and fee is paid) 0 !.. 6. Sign e: (Addressee or gent) a PS Form 3811, December 1994 Domestic Return Receipt /W ?a 1.?v A :tc>C_t.. i 1g IN THE MATTER OF TAX CLAIM : IN THEI COURT OF COMMON PLEAS BUREAU OF CUMBERLAND COUNTY : CUMBERLAND COUNTY, PENNSYLVANIA TAX SALE HELD JULY 2003, : CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY,: ITS AFFILIATES AND SUBSIDIARIES, AND PENNSYLVANIA LINES LLC, OBJECTORS AND PETITIONERS: PETITION TO SET ASIDE TAX SALE VS. No. 04-2473 CIVIL CUMBERLAND COUNTY TAX CLAIM BUREAU, TIMOTHY DERK AND MALCOM DERK, II, RESPONDENTS CERTIFICATE OF SERVICE AND NOW, this s1afi day of June, 2004, I, Dale F. Shughart, Jr., Esquire, attorney for Timothy Derk and Malcom Derk, II, hereby certify that I have served a copy of the attached Answer and New Matter, which service satisfies the requirements of Pa.R.C.P. 440 and Cumberland County Rules of Court by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Michael P. Riscili, Esquire David R. Kraus, Esquire DECHERT LLP Thirty North Third Street Harrisburg, PA 17101 Attorneys for Norfolk Southern Railway Company and Pennsylvania Lines LLC Stephen D. Tiley, Esquire Solicitor, Cumberland County Tax Claim Bureau 5 South Hanover Street Carlisle, PA 17013 Jr Dale F. Sh Q?- Att orney I73 35 East. High Street, Suite 203 Carlisle, PA 17013 (717) 2'41-4311 C7 h: =ke { C.J Cr.1 O 'C1 Fn -its C? y i,J Fri ll IN THE MATTER OF TAX CLAIM BUREAU OF CUMBERLAND COUNTY TAX SALE HELD JULY 2003, NORFOLK SOUTHERN RAILWAY COMPANY, ITS AFFILIATES AND AND SUBSIDIARIES, AND PENNSYLVANIA LINES LLC, Objectors and Petitioners CUMBERLAND COUNTY TAX CLAIM BUREAU, TIMOTHY DERK AND MALCOM DERK, II Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW : PETITION TO ISET : ASIDE TAX SALE : PROPERTY NUMBER 02-20-1800-099A No. 2004-2473 CIVIL ANSWER WITH NEW MATTER AND NOW, comes Respondent, Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters, and files this Answer with New Matter, of which the following is a statement: 1-8 Admitted. 9-10 Denied. The averments of these paragraphs are denied solely because the Cumberland County Tax Claim Bureau does not have information with which to confirm or deny the averments therein. 11. Admitted in part. Denied in part. It is admitted that the Cumberland County Tax Claim Bureau sent notice only to Penn Central at an Ohio address. The remainder of this paragraph is denied as a conclusion of law to which no responsive pleading is required. 12-13 Admitted. 14-17. Denied. The averments of these paragraphs are denied as the Respondent, Cumberland County Tax Claim Bureau, does not have sufficient information with which to confirm or deny the averments set forth therein, and knowledge of the facts is exclusively within control of Petitioners. Answer with New Matter Page I of 4 18, Denied. The averments of this paragraph, and each of its sub- paragraphs, are denied as conclusions of law to which no responsive pleading is required. Strict proof at trial is demanded. WHEREFORE, Respondent, Cumberland County Tax Claim Bureau, prays Your Honorable Court for an Order, as it may seem just and proper. NEW MATTER 19. Respondent, Cumberland County Tax Claim Bureau, chooses not to defend the Petitioner's challenge to the sale to Respondents Timothy Derk and Malcom Derk, III. 20. If the Court chooses to set aside the sale to Respondents Timothy Derk and Malcom Derk, II, it will be because the original notification concerning the upset sale (which did not produce and bidders) was flawed. If the original upset sale was flawed, then the property should never have been put into repository and could not have been sold from repository to the Derks. 21. If the Court chooses to set aside the sale to the Derks, Respondent Cumberland County Tax Claim Bureau requests that the Court Order the Bureau refund to the Derks of all amounts paid by them on account of the purchase price, transfer tax and recording fees, upon receipt of payment from Norfolk Southern of all taxes, penalties, costs, and interest. 22. If the Court should set aside the sale to the Derks, there will be unpaid real estate taxes, both delinquent and current, from 1997 forward. 'Taxes for 2003 were not billed because the property was in repository. However, if the repository's sale to the Derks is set aside, the preceding upset sale (where the property did not sell) was invalid and therefore the property was never properly in the repository, and year 2003 taxes were due and owing. 23. Attached hereto as Exhibit "A" is a statement of all of the delinquent taxes, together with penalties, costs, and interest, due the Cumberland County Tax Claim Bureau as Answer with New Matter Page 2 of 4 of June 30, 2004, on the assumption that the sale will be set aside. The total amount due as of that date is $4,908.68. In addition there would be current taxes due the tax collector, if not previously paid. The actual amount due will increase every month as interest is accrued. 24. If the sale is set aside, Respondent Cumberland County Tax Claim Bureau believes that the Court should order that any current taxes paid by the Derks also be reimbursed to them. WHEREFORE, Respondent, Cumberland County Tax Claim Bureau, prays Your Honorable Court for an Order, directing, if the sale is set aside, that: (i) Norfolk Southern pay to the Tax Claim Bureau all delinquent and current real estate taxes from 1997 through the date of the Court's Order, together with all penalties, costs, and interest: (ii) that Norfolk Southern reimburse Respondents, Timothy Derk and Malcom Derk, II, for any real estate taxes that the may have paid directly; and (iii) that the Cumberland County Tax Claim Bureau, after receipt of payment of all delinquent taxes, penalties, costs, and interest from Petitioners, reimburse Respondents Timothy Derk and Malcom Derk, II for all amounts paid on account of the purchase price, transfer tax and recording fees in connection with the sale from repository to them. Dated: a 01" ?? o?B?f1 Respectfully submitted, 7 By TO 110` Step en Tiley, Esquire Assistant Cumberland County Solicitor for Tax Matters 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 Answer with New Matter Page 3 of 4 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the Answer is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made and subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. l "' a is a F. Dated: Mix 1 , Ta Claim Supervisor Answer with New Matter Page 4 of 4 BRUCE BARCLAY CHAIRMAN GARY EICHELBERGER VICE CHAIRMAN RICHARD L. ROVEGNO SECRETARY TAX CLAIM BUREAU OF CUMBERLAND COUNTY One Courthouse Square, Carlisle, PA 17013-3389 (717)240.6366 STATEMENT OF DELINQUENT REAL ESTATE TAXES Parcel No. 02-20-1800-099A N. East Street, commercial vacant lot: Carlisle Borough Current Owner: Timothy Dark and Malcom Dark II Previous Owner: Penn Central Transportation as of 6130/04 JOHN F. CONNOLLY CHIEF CLERK EDWARD SCHORPP SOLICITOR STEPHEN D. TILEY ASSISTANT SOLICITOR Tax Year Description Tax Penalty Interest Costs Year Balance 1996 County Tax $17.25 $1.72 $11.57 Library Tax $1.13 $0.11 $0.89 Carlisle Boro. Tax $27.75 $2.77 $18.69 Carlisle School Tax $107.40 $10.74 $69.66 $153.53 $15.34 $100.81 $70.52 $340.20 1997 County Tax $17.25 $1.72 $10.01 Library Tax $1.13 $0.11 $0.77 Carlisle Boro. Tax $28.50 $2.85 $16.94 Carlisle School Tax $107.40 $10.74 $59.94 $154.28 $15.42 $87.66 $75.73 $333.09 1998 County Tax $19.50 $1.95 $9.75 Library Tax $1.13 $0.11 $0.65 Carlisle Boro. Tax $30.00 $3.00 $14.95 Carlisle School Tax $110.78 $11.08 $51.46 $161.41 $16.14 $76.81 $220.73 $475.09 Tax Year Description Tax Penalty Interest Costs Year Balance 1999 County Tax $19.50 $1.95 $7.95 Library Tax $1.13 $0.11 $0.53 Carlisle Boro. Tax $30.00 $3.00 $12.19 Carlisle School Tax $113.78 $11.38 $43.00 $164.41 $16.44 $63.67 $295.00 $539.52 2000 County Tax $19.50 $1.95 $6.15 Library Tax $1.13 $0.11 $0.41 Carlisle Boro. Tax $30.00 $3.00 $9.43 Carlisle School Tax $116.78 $11.68 $36.08 $167.41 $16.74 $52.07 $40.00 $276.22 2001 County Tax $82.72 $8.27 $17.98 Library Tax $4.79 $0.48 $1.16 Carlisle Boro. Tax $123.69 $12.37 $26.97 Carlisle School Tax $476.63 $47.66 $103.82 $687.83 $68.78 $149.93 $20.00 $926.54 2002 County Tax $95.14 $9.51 $12.24 Library Tax $4.79 $0.48 $0.68 Carlisle Boro. Tax $123.69 $12.37 $15.81 Carlisle School Tax $504.99 $50.50 $64.43 $728.61 $72.86 $93.16 $15.00 $909.63 2003 County Tax $95.14 $9.51 $3.60 Library Tax $4.79 $0.48 $0.20 Carlisle Boro. Tax $137.18 $13.72 $5.15 Carlisle School Tax $555.68 $55.57 $20.85 $792.79 $79.28 $29.80 $15.00 $916.87 2004 County Tax $99.93 Library Tax $9.44 Carlisle Boro. Tax $144.15 $253.52 Total Due $253.52 $4,970.68 2 IN THE MATTER OF TAX CLAIM : IN THE COURT OF COMMON PLEAS OF BUREAU OF CUMBERLAND COUNTY : CUMBERLAND COUNTY PENNSYLVANIA TAX SALE HELD JULY 2003, : CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY : PETITION TO SET COMPANY, ITS AFFILIATES AND : ASIDE TAX SALE AND SUBSIDIARIES, AND : PROPERTY NUMBER 02-20-1800-099A PENNSYLVANIA LINES LLC, Objectors and Petitioners CUMBERLAND COUNTY TAX CLAIM No. 2004-2473 CIVIL BUREAU, TIMOTHY DERK AND MALCOM DERK, II Respondents CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Answer with New Matter, by placing a certified true and correct copy of the same in the United States mail, postage pre- paid, addressed to: Michael P. Riscili, Esquire DECHERT LLP Attorney for Objectors and Petitioners Thirty North Third Street Harrisburg, PA 17101 (717) 533-3280 I.D. #55650 Dale F. Shughart, Jr., Esquire Attorney for Respondents Timothy Derk and Mamcom Derk, II 35 East High Street Carlisle, PA 17013 Date: /?i hGa? cs?? o?Bfly Es re ?J V Stephen D. Tileyy, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attomey I.D.#32318 n ..? f.- ; .? c, - :, f .y _ „ r f"I? T r= ?'? ? L ? ? ?-? - . ; ?` -, il? r •. IN THE MATTER OF TAX CLAIM : IN THE COURT OF COMMON PLEAS BUREAU OF CUMBERLAND COUNTY : CUMBERLAND COUNTY, PENNSYLVANIA TAX SALE HELD JULY 2003, NORFOLK SOUTHERN RAILWAY COMPANY,: ITS AFFILIATES AND SUBSIDIARIES, AND PENNSYLVANIA LINES LLC, OBJECTORS AND PETITIONERS: VS. CUMBERLAND COUNTY TAX CLAIM BUREAU, TIMOTHY DERK AND MALCOM DERK, II, RESPONDENTS CIVIL ACTION - LAW PETITION' TO SET ASIDE TAX SALE No. 04-2473 CIVIL PETITION FOR LEAVE OF COURT TO WITHDRAW APPEARANCE PURSUANT TO PA. R.C.P. 1012 AND NOW, comes the undersigned, Dale F. Shughart, Jr., Esquire, attorney of record for Timothy Derk and Malcom Derk, II in regard to the above matter, and avers as follows: 1. The parties to the above captioned proceeding who are represented by Dale F. Shughart, Jr. are Timothy Derk and Malcom Derk, II whose address is 1103 West Shamokin Street, Treverton, PA 17881. 2. Norfolk Southern Railway Company is represented by Michael P. Riscili, Esquire, DECHART LLP, Thirty North Third Street, Harrisburg, PA 17101. 3. The Cumberland County Tax Claim Bureau is represented by Stephen D. Tiley, FREY & TILEY, 5 South Hanover Street, Carlisle, PA 17013. 4. The undersigned entered his appearance by filing an Answer and New Matter in the above captioned matter on June 21, 2004. 5. The undersigned continued to represent Timothy Derk and Malcom Derk, II through a meeting on November 16, 2004 with the real estate manager for Norfolk Southern. Following that meeting, which Malcom Derk, II was present, it was tentatively agreed that Mr. Derk would personally check some records in the Cumberland County Courthouse and then contact the undersigned. Neither client has contacted the undersigned attorney since that time. 6. The undersigned attorney wrote to the clients on December 1, 2004, requesting an immediate response. No response was made. The undersigned wrote again to the clients on January 5, 2005, requesting an immediate response. No response was made. 7. The undersigned wrote again to the clients on February 21, 2005 requesting an immediate response and enclosing a Consent to Withdraw form and addressed stamped envelope requesting some response, or a return of the signed Consent by March 1. No response was received. 8. The client owe unpaid fees billed on October 1, and December 1, 2004 which remain unpaid. -2- 9. Under the circumstances, the undersigned cannot continue to represent the clients and request the Court to enter the attached order Granting Leave of Court to Withdraw His Appearance. 10. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Respectfully sub ted Da e F. :3hughart Jr. Attorney I.D. 19373 35 East High Street, Suite 203 Carlisle,. PA 17013 (717) 241-4311 -3- IN THE MATTER OF TAX CLAIM : IN THE COURT OF COMMON PLEAS BUREAU OF CUMBERLAND COUNTY : CUMBERLAND COUNTY, PENNSYLVANIA TAX SALE HELD JULY 2003, : CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY,: ITS AFFILIATES AND SUBSIDIARIES, AND PENNSYLVANIA LINES LLC, OBJECTORS AND PETITIONERS: PETITION TO SET ASIDE TAX SALE VS. No. 04-2473 CIVIL CUMBERLAND COUNTY TAX CLAIM BUREAU, TIMOTHY DERK AND MALCOM DERK, II, RESPONDENTS CERTIFICATE OF SERVICE AND NOW, this 3rd day of March, 2005, I, Dale F. Shughart, Jr., Esquire, attorney for Timothy Derk and Malcom Derk, II, hereby certify that I have served a copy of the attached Petition and proposed Order of Court, which service satisfies the requirements of Pa.R.C.P. 440 and Cumberland County Rules of Court by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Timothy Derk and Malcom Derk, II 1103 West Shamokin Street Trevorton, PA 17881 Michael P. Riscili, Esquire David R. Kraus, Esquire DECHERT LLP Thirty North Third Street Harrisburg, PA 17101 Stephen D. Tiley, Esquire Solicitor, Cumberland County Tax Claim Bureau 5 South Hanover Street Carlisle, PA 17013 i Dale F. ShuWr. , Jr. Attorney I.D. 19373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Gl? W ??r r?(J -1 (-n :'7 MjXR 0 4 Z005ilp IN THE MATTER OF TAX CLAIM : IN THE COURT OF COMMON PLEAS BUREAU OF CUMBERLAND COUNTY : CUMBERLAND COUNTY, PENNSYLVANIA TAX SALE HELD JULY 2003, : CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY,: ITS AFFILIATES AND SUBSIDIARIES, AND PENNSYLVANIA LINES LLC, OBJECTORS AND PETITIONERS: PETITION TO SET ASIDE TAX SALE VS. CUMBERLAND COUNTY TAX CLAIM BUREAU, TIMOTHY DERK AND MALCOM DERK, II, RESPONDENTS No. 04-2473 CIVIL ORDER OF COURT AND NOW, this !y' day of /),74,e k , 2005, upon consideration of the Petition of Dale F. Shughart, Jr., Esquire requesting Leave of Court to Withdraw his Appearance as Attorney of Record for Timothy Derk and Malcom Derk, II, DALE F. SHUGHART, JR., ESQUIRE, BE AND IS HERESY GRANTED LEAVE OF COURT TO WITHDRAW HIS APPEARANCE. By the Court, J. IN THE MATTER OF TAX CLAIM : IN THE COURT OF COMMON PLEAS BUREAU OF CUMBERLAND COUNTY : CUMBERLAND COUNTY, PENNSYLVANIA TAX SALE HELD JULY 2003, : CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY,: ITS AFFILIATES AND SUBSIDIARIES, AND PENNSYLVANIA LINES LLC, OBJECTORS AND PETITIONERS: PETITION TO SET ASIDE TAX SALE VS. No. 04-2473 CIVIL CUMBERLAND COUNTY TAX CLAIM BUREAU, TIMOTHY DERK AND MALCOM DERK, II, RESPONDENTS PRAECIPE TO WITHDRAW Dear Sir: Pursuant to Order of Court of Honorable Kevin A. Hess dated March 14, 2005, please withdraw my appearance as attorney for the Respondents, Timothy Derk and Malcom Derk, II. TO: Curtis R. Long, Prothonotary Date: March 16, 2005 Supreme Court I. 1973 35 East High Street,-,Suite 203 Carlisle, PA 17013 (717) 241-4311 CC: Malcom Derk, II Timothy Derk Stephen D. Tiley, Esquire Michael P. Riscili, Esquire IN THE MATTER OF TAX CLAIM : IN THE COURT OF COMMON PLEAS BUREAU OF CUMBERLAND COUNTY : CUMBERLAND COUNTY, PENNSYLVANIA TAX SALE HELD JULY 2003 NORFOLK SOUTHERN RAILWAY COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND PENNSYLVANIA LINES LLC, Objectors and Petitioners : CIVIL ACTION - LAW NO. 04-2473 CIVIL : Petition to Set Aside Tax Sale VS. CUMBERLAND COUNTY TAX CLAIM BUREAU, TIMOTHY DERK AND MALCOM DERK, II, Respondents PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Please withdraw the appearances of DECHERT LLP, David R. Kraus, Esquire and Michael P. Riscili, Esquire, as attorneys for Norfolk Southern Railway Company, its affiliates and subsidiaries, and Pennsylvania Lines LLC in the above-captioned action. DECHERT LLP By Supreme Court I.D. #311? 2929 Arch Street Philadelphia, PA 19104-2808 Phone: (215) 994-4000 Date: ?1?117 r 1 ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of NAUMAN, SMITH, SHISSLER & HALL, LLP and J. STEPHEN FEINOUR, ESQUIRE on behalf of Norfolk Southern Railway Company, its affiliates and subsidiaries, in the above action, reserving, however, the right to plead or otherwise move. NAUMAN, SMITH, SHISSLER & HALL, LLP Y J. tephe Feinour, Esquire pre me Court I.D. No. 24580 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, PA 17108 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company Date:.&tt4A,,-y QOO 7 „ r. CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, J. Stephen Feinour, Esquire, of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing "Praecipe for Withdrawal and Entry of Appearance" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Stephen D. Tiley, Esquire Timothy Derk Frey & Tiley 1103 W. Shamoken Street S South Hanover Street Treverton, PA 17881 Carlisle, PA 17013 Malcom Derk II 1103 W. Shamoken Street Treverton, PA 17881 NAUMAN, SMITH, SHISSLER & HALL, LLP By; /u "'-' - - '0 /L-t'j' J. S phen Fe Hour, Esquire Supreme e Court ID# 24580 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company Date: September 4, 2007 "TI t;J :ij .. _0 ni ip -rs M cn c-a IN THE MATTER OF TAX CLAIM BUREAU OF CUMBERLAND COUNTY TAX SALE HELD JULY 2003 NORFOLK SOUTHERN RAILWAY COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND PENNSYLVANIA LINES LLC, Objectors and Petitioners vs. CUMBERLAND COUNTY TAX CLAIM BUREAU, TIMOTHY DERK AND MALCOM DERK, II, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 04-2473 CIVIL N0 . ~ ~` ~? Petition to Set Aside Tax Sale -=-?? r -~ ---~ ' ~ "-' N - ~,, ~ ~? ~., r~ ~ ~, c c.~ o~ .~.- • .-~; rya STATEMENT OF INTENTION TO PROCEED TO THE COURT: Norfolk Southern Railway Company intends to proceed with the above-captioned matter. Respectfully submitted, NAUMAN, SMITH, SHISSLER & HALL, LLP B J. tep en Feinour, Esquire S reme Court ID # 24580 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, PA 17108 Telephone: (717) 236-3010 G -,~ ---s ~: n~ -n ~~ :: ::~ ° -r o ~~ ~~ ~r~~ Date: October 22, 2010 Counsel for Plaintiff, Norfolk Southern Railway Company J CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, J. Stephen Feinour, Esquire, of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing "Statement of Intention to Proceed" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Stephen D. Tiley, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 Malcom Derk II 1103 W. Shamoken Street Treverton, PA 17881 Timothy Derk 1103 W. Shamoken Street Treverton, PA 17881 NAUMAN, SMITH, SHISSLER & HALL, LLP By: `~ (...~v`.. . St phen Feinour, Esquire Supreme Court ID# 24580 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Plaintiff, Norfolk Southern Railway Company Date: October 22, 2010 IN THE MATTER OF TAX CLAIM : IN THE COUR ,.OF COMMON PLEAS BUREAU OF CUMBERLAND COUNTY : CUMBERLAND'` ', TY,L ENNSYLVANIA TAX SALE HELD JULY 2003 t.`"':' • NORFOLK SOUTHERN RAILWAY : CIVIL ACTION - LAW COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND PENNSYLVANIA : NO. 04-2473 CIVIL LINES LLC, Objectors and Petitioners : Petition to Set Aside Tax Sale • vs. CUMBERLAND COUNTY TAX CLAIM : BUREAU, TIMOTHY DERK AND • MALCOM DERK, II, • Respondents STATEMENT OF INTENTION TO PROCEED TO THE COURT: Norfolk Southern Railway Company intends to proceed with the above-captioned matter. Respectfully submitted, NAUMAN, SMITH, SHISSLER& HALL,LLP : ,•J teph n Feinour,Esquire upreme Court ID #24580 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, PA 17108 Telephone: (717) 236-3010 Date: October 28, 2013 Counsel for Plaintiff,Norfolk Southern Railway Company CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, J. Stephen Feinour, Esquire, of the firm of Nauman,Smith,Shissler&Hall,LLP, hereby certify that I this day served the foregoing"Statement of Intention to Proceed" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: John G. French, Esquire Timothy Derk 1304 Oak Lane 1103 W. Shamoken Street New Cumberland, PA 17070 Treverton, PA 17881 Malcom Derk II 1103 W. Shamoken Street Treverton, PA 17881 NAUMAN, SMITH, SHISSLER& HALL, LLP )(47/1.--;2,„ By( J. Stephen Feinour, Esquire Supreme Court ID#24580 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Plaintiff, Norfolk Southern Railway Company Date: October 28, 2013