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Home My WebLink About94-02375 .-- , .- ,;",_. ~~;.~r'~<, , , . .." ,""",', ,lliJ,..'...~_ ,~.>;" ;,':-,'l.~,:~1/7~:":;.":':-~ ~;' --;'~t~<'; ~.> .. . t:,'i//I ''1i*,.~ Civil 19 .1 t ~. :~ ,:,~':, "">:>~ . ~~~~t .. ..., I ~C t~?i;::; :,' '.,. ~i-L... k~ t!I-F vs. .1 , , "Court of COIlllDOll Pleas . Cumbo Co. I t ~ I f , I , " ,I I . "i.,. ~ t k I fi'I'I: b., . I . 1 f.:~: .. , " , .>'~'''i' 0,;'1".< .;'i ~-- . c,""',: . "..;.' I ..' -:.':- " ,"-'- 'J'>:', ,~! I ) ,. IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA, Plaintiff Civil No, 4:CV-94-0335 (Muir, J.) v. it Cf4 J. 3 7j' (!,u)-~ ~ 4- :;; -n ~_ d d \-- ....... ~~..,-.. .;- '--~ 't.';,l _', ....,....,...':'- (', 'a - , - j ..--.1\ '::-Iv ~ yo -<:l "" -J C, {"~I '2.\ ...,. ..... .- ;:- ~ ,,~ ,- .;"~ '"" ...0: \ :p :.:" "" ~ ~ ~ r; ?'o 0.05 ACRES OF LAND, MORE OR LESS, SITUATE IN CUMBERLAND COUNTY, PENNSYLVANIA, and CONSOLIDATED RAIL CORf'ORA'l'I;;:;, et al., Defendants. DECREE OF COURT DIRECTING PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA, TO ENTER NOTICE OF LIS PENDENS AND NOW, to wit, April ~ ' 1994, the United States of America, appearing by David Barasch, United States Attorney in and for the Middle District of Pennsylvania, and the Court having been advised that a condemnation proceeding to acquire an estate of a right-of-way and an easement in 0,05 Acres of Land, more or less, in Cumberland County, Commonwealth of Pennsylvania, was instituted to the above-captioned action, and the United States of America being desirous of notifying all persons, corporations, partnerships and firms in the counties in which said land is located, to wit: Cumberland, Pennsylvania, of and concerning the said proceedings in condemnation, and this Court havi.ng been req'lested for permission to file a notice of lis p~ndens .in the County of Cumberland, Commonwealth of Pennsylvania, Certifiec1 from Ihe record Datetfr6.t:Ud.' ,/. 177'</' nC9 ~Wil~'1..crerk Per d )_<./,.,t '7 Deputy Clerk / / MUIR United states District Judge IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT, pursuant to the Act of the General Assembly of the Commonwealth of Pennsylvania, dated July 9, 1976, p, L, 586, No, 142, section 2, effective June 27, 1978, as amended; 42 P.S. 4301, 4302 and 4304 and such other Acts of Assembly properly relating thereto, the Prothonotary of Cumberland County, Pennsylvania, be and they are hereby directed to give notice of lis pendens, as follows: 1. By filing a certified copy of this Order and the Lis ~endeno Notice attached hereto in the Ejectment and llisce11aneous dockets or in such other dockets which are provided by Order of Court or by statute of Pennsylvania for such other purpose. 2. These proceedings shall be indexed as follows: Plaintiff: United States of America Defendants: Consolidated Rail Corporation. 3. The Clerk of this Court is hereby directed to transmit the above-mentioned certified copy of this Order, together with the above-mentioned transcript attached thereto, to the Prothonotary of Cumberland County, Pennsylvania. 1(,Zt,;~ " IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA, Plaintiff civil No, 4:CV-94-0335 (Muir, J,) v. 0.05 ACRES OF LAND, MORE OR LESS, SITUATE IN CUMBERLAND COUNTY, PENNSYLVANIA, anu CONSOLIDATED RAIL CORPORATION, et al., FILED H<\RR!SRIJRG .~,\ ': ::;. 1 1994 Defendants. LANCE:~, VYII...JV", lJL.trlK PER I)EPUTV CLEF;K AMENDED LIS PENDENS NOTICE Notice is hereby given that on April 1, 1994, an Amended Complaint in Condemnation was filed in the united States District Court for the Middle District of Pennsylvania, which is a condemnation proceeding brought on behalf of the United States of America to acquire a right-of-way and easement by condemnation of certain lands in the above-named county. The estate to be acquired is a right-of-...lay and casement, and purpo!"ted c\.mers and interested parties are described in Schedule "B" attached hereto and made a part hereof, The use for which this property is taken and the authority for the taking are set forth in Schedule "A" attached hereto and made a part hereof, And in order to give due notice of such suit, the United States of America is causing these presents to be executed by its United States Attorney. This, the 1st day of April, 1994. Respectfully submitted, DAVID BARASCH United S Attorney 17108 Dated: I ;j,P/~ , 1994. DB:RRL:FLK SCIlEDU[.E "A" APPALACIlIAN NATIONAL SCENIC TRAIL AUTIlORITY ,OR THE TAKING The authority for the taking of this interest in [,lnd is under and in accordance vith the Act of Congress approved Auguot I, 1888, 25 Stat. l57, as amcnded, 40 U.S.C., sec. 257; the Land and Water Conservation Fund Act of 1965, 18 Stat. 897. as amended, 16 U.S.C., sC", 4601-4, et ~.; the Act of October 2, 1968, 82 :iLdL. 'Jl9, "3 a nll':ntJ,tJ, Ib U,s.r.., sec. 1241. et ~., which Act authorized the Appalachian National Scenic Trail, and under thc authority of the Department of the Intcrior and Related Agencies Appropriations Act. Fiscal Year 199), 106 Stat, U8), which Act appropriated tunds for such purposes. PUBLIC USES The public uses for which said interest in land is to be taken are as follovs: The interest is required for the proper administration, preservation, and development of the Appalachian National Scenic Trail for the benefit and enjoyment of the public. The said interest in land has been selected for acquisition by the United States of America for said purposes, and for such other uses as may be authorized by Congress or by Executive Order. SCHEDULE "B" APPALACHIAN NATIONAL SCENIC TRAIL CUMBERLAND COUNTY, PENNSYLVANIA TRACT 364-25 DESCRIPTION: All that certain tract or parcel of land lying and being situated in Middlesex Township, Cumberland County, Commonwealth of Pennsylvania, and being more particularly described as follows: A 20 foot wide strip of land lying between Valuation Stations 705+84.5 and 715+84.5, extending from the northern right-of-way line to the southern right-of-way line. Containing 0.05 of an acre, more or less. The above-described parcel, designated as Tract 364-25, Appalachian National Scenic Tr~il, is a portion of the same land acquired by the Consolidated Rail Corporation from Robert W. Blanchette, Richard C. Bond and John H. McArthur, Trustees of the Property of Penn Central Transportation Company, by deed dated Harch 30, 1976 and recorded August 16, 1978 in Deed Book Z, Vol. 27, Page 467, in the Office for the Recording of Deeds of Cumberland County, Commonwealth of Pennsylvania. The above-described parcel is more particularly shown as a portion of Parcels I, 3, 4, 5 and 6 of a plat for the Pennsylvania Railroad, formerly The Cumberland Valley Railroad Co., Station 697+0 To Station 750+0, June 30, 1916, Hap No. V-32.0/14, on file with Consolidated Rail Corporation. 610 Penn Center, Philadelphia, Pennsylvania. ESTATE TO BE ACOUIRED: A PERPETUAL, exclusive and assignable right and easement consisting of the right to locate, control and manage a 20 foot wide crossing in accordance with the provisions and intent of the National Trails System Act, to construct, locate, relocate, manage, use and maintain the crossing as a pUblic footpath for the use and benefit of the general public, including the right to permit members of the general public to traverse the area, to post appropriate warning signs at each point of SCBEDULE "B" - CONTINUED ingress and egress warning nsers of tbe Trail as to tbe potential danger involved in crossing railroad tracks. and tor otber purposes as may be required in connection witb tbe construction. relocation. management, development, use and maintenance ot said Trail, Tbe 20 toot wide crossing may be located and relocated within the area as sbown on Exbibit "Cn. attached hereto and made a part bereof. ALSO SUBJECT to existing easements tor public roads and highways. public utilities. railroads and pipelines. NAMES AND ADDRESSES OF PURPORTED OWNERS: Consolidated Rail Corporation c/o Jim Ahonan Commerce Park, Suite 365 2605 Interstate Drive Harrisburg, Pennsylvania 17110 NAMES AND ADDRESSES OF OTHER PARTIES WHO HAY HAVE OR CLAIM AN INTEREST IN THE LAND: Hellon Bank. N.A. FKA Girard Trust Company One Hellon Center 500 Grant Street Pittsburgh, Pennsylvania 15258-0001 Commonwealth of Pennsylvania Department of Revenue 8ureau of Compliance Lien Control Section Department 280946 Harrisburg, Pennsylvania 17128-0946 Unknown heirs of Louis Dellone AKA Louis Delone Addresses Unknown Unknown heirs of Sallie Dellone Addresses Unknown By virtue of a mortgage between Pennsylvania Rail Road Company (now Conrail) and the Girard Trust Company (now Hellon Bank) recorded in Cumberland County Hortgage Book 71, Page 91. By virtue of a possible lien for corporate taxes and other charges due. By virtue of reserved uses of the property as stipulated in Cumberland County Deed Book X, Volume 6. Page 564. By virtue of reserved uses of the property as stipulated in Cumberland County Dp.ed Book X, Volume 6. Page 564. Nancy Sheibley, Tax Collector and Agent for: County of Cumberland Township of Middlesex Cumberland Valley School District 3235 Spring Road Carlisle, Pennsylvania 11013 By virtue of a possible lien for county, township and scbool taxes, SCHEDULE "B" - CONTINUED Unknown Owners > , ' I" ,~ -, ~\ ./') ~ \ "I -....::J- .............. -;r en :s= ..", <:> :r (j") ,.:~ '- .- ." - ... ~ r---. ""'-:::..:, ::J va --<::J r-- ~ .....::, ~ Q --. oJ ~ --..J -" ~ ~'-j J ~ 1,.("'1 ......s -~ (';) -.-i ,\ ;.~ . - oZ" . ~~ l.- ~l u") 7 .- . \~. .:1 - .,. ::a: ~- i.~