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Home My WebLink About96-02079 t \ " , , / / / / " [' I f I I I , ,. , ' 1'1 I. r; :.:' " ::r I I,) ;.,1.,,1.;1 rl " ,,' , I , I " ;, :, , , I 1,1 ,I .~ 1 I " , ),1 ,I , ;1' I , [, I I , , q tli " , , '.t' I ! J., I lil I , 1 " , I 1 1 , :1-.' , " , , I H " t, "'j "n\ , '" Iti , , i " 1 , , , I' I , , I , i 1 , , " I " , I, , , , -II: t', , , ,,, i , , , ~; , , " , I " ,"'/,1',// t (,.~~:~,~~/ J".~/' ,/".~ .1" L t f I, , I: 11 r " .1.1..... ~ e;~ '---)"-F- 0 Ih.i(~ ~ . .. h, The LAST Df'Y :OR s~vIg1~... MA~.16,. ;~~_6..wl_ -l "'.. ._.... CQurt CT C_mm_;j I .__S...T C:.J..._.:::ol_.'\....I".-t.:."ft Ps:-tr:syl'l~ni :: Gerald A. Solinas .,-S. Consolidatpd,Rail Corpor~tion " 96-2070 _'0.__ Civll ---. :SI_ :iow, Apr.i 1 17 :9~ 1. S:n:?~::' O? C~r:s:E::'.!..A.'rn COt,;{":Y. ?o\.. co :=-~ c:'i:uC:: tb: S-c==...= oi Philadelphia C",u.::y ::) =="~= =.s '.V:::, = -i:::\::= =6; _...l. u == :::r.:.== ::d. :=~ ~i :.:: ;n,,:_:::. r":>'~ H'C~t S4e.-..:! l;~ C==er'~d CJlJ::t7, :'3. 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'9 SERVED AND MADE KNOWN TO -iffiif:------------,--. o D~ant ~efendant Company by handifrjR-J ond aUested copy of the within Summons/Complaint, issued in the above captioned matter on __i:H~___.__,_,___, 19 __~,__.. ,at@-..!.(} o'clock, ---JLM" E.g,T,/D,g,T, at d'C:Jt.JLd!;!/tf/r ,..ff: _&_~.&.~_.._, in the County of Philadelphia, State of Pennsylvania, to ___....&.!II'tjElJl"Mit46/t'E(t' _, R4a'L ~~ I / ~- o (1) the of ores aid defendant, personally; D (2) an adult member of the family 01 said defendant, with whom said defendant resides, who stated thol his/her relationship to said deterHiant is that of __n D (3) on adult person in chorge of delendant's residence; the said adult person havinlJ refu..d, upon r.. quest, to give his/her name and relationship to said deft:i',dant; DYI it1 (5) D (6) the the manager/clerk 01 the place 01 lodging in which soid defendant reside:!; agent or person for the time being In charge 01 defendant's office or usual place of bulin.... , ond officer 01 soid defendant Company; .fiURN'1l! AND SU8SCRIQ "~or. "'" 1II1,!AY a Illl8 -.. So Answers, JOHN D, G"..N, Sh,I" ~. 4k By: .1-. /dl!17)!!Id!..fl!/ ~ J /W. t.~t.> ~h""ll ,/ 1\111'",) PuhU, 11.38 I~h. 11,111) J9dell n NOlarial See' p · ea.ter. Jr, Notary PIJbI MV g'~~lf;ln!;I. Phj'D~1et.l>tll.1 Counlc~ 15"011 E'..ptrsa June.... , ~ '. 8 . Pu1n6~Aoor 1..,.alHIfiiii r i ~ 1- , 1.1 i .. r-. 0 0-. ~ " 0 8 l!) rg @ ll' (:: \fl I', l() , 0 If) 1" ..9 ":t l ' -:r \(') l' " N'l , ') .. J..., .14 '11 1l ~ ~ ,::) \", z js la ~o/ll ~ 5 d If ~ 0 ,/I( '* ,. ~ "'.: . : ;:: J; <;I: ,.,... j~!~,j Q;if. ~ 3 .x = ; ~ 0- t: .. . fu = :c :: ,.., ...... ~ ~J -~ r' -........ . ~ .' .... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, CJ L" - d07 q C^"p llu\P) CIVIL ACTION - LAW GERALD A. SOLINAS 156 Regency Woods North Carlisle, PA 17013 Plaintiff CONSOLIDATED RAIL CORPORATION 6 Penn Center Philadelphia, Pennsylvania versus Defendant : JURY TRIAL DEMANDED fEazeI'Z rOR WRIT or SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons in the above-captioned action. Said Writ of Summons shall be issued and forwarded to the Sheriff for service upon the Defendant. Dennis R, Sheaffer, Esquire HEPFORD, SWARTZ & MORGAN 111 North Front Street P. 0, Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ~;~n.Y Supreme ourt I.D. #39182 Date: )j~/S--'l6 WRIT or SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU, , , ,f, ,~-- (, 1 ' t ,\(11 wJrtlll{ " (. i.)1/ ~lar ProthonotO\ry Date: (\''-~ lto \Cflu' ~ , , y) I.. .,,,- u) \ lJoU<f'10f\1"\ Deputy O'f~ By: ~ 19. '.. C"'; . .~ ~ ::'5 !~' ~ ) :i: u. . ::) " "- (: <n ,,' iJJ roo j;i, ;.~ (,: ;:f? lfl! L" F, c::. l~. ,,') ) 0 0'> <J ~. 7. 5 ~ ~ - ~ ~ ~ ~ tIIJ <II S ' ~ ~ N L:!::: ~1-.0.-" .. '" "" . , ~ '<WI < :a . , ." ....~~g jv:J"~~ ~= ~"" t ~ ... = == I, I' . . . . , . . . solin,cpt 9/27/96(jaz) 3, During the time described in Plaintiff's Complaint, Defendant Conrail was acting through its agents, employees, or representatives. 4, This cause of action arises under the Acts of Congress of April 22, 1908, 35 Stat. Ch. 149, more commonly known as the "Federal Employer's Liability Act" (45 U,S.C. Ch. 2 ~~ 51-60, as amended August 11, 1939). 5, At all times relevant hereto, Defendant was a common carrier by railroad. 6. At all times relevant hereto. Plaintiff and Defendant were engaged in interstate commerce. 7. At all times relevant heL"eto Plaintiff was employed by Defendant in interstate commerce. 8. At all times relevant hereto Plaintiff was acting within the scope of his employment with Defendant. 9. Plaintiff was and is employed by Defendant in the Enola Locomotive Terminal, Enola, Cumberland County, Pennsylvania. 10. As part of his job responsibilities, Plaintiff performs maintena~ce on locomotives on a regular basis, 11. In the course of requiring Plaint.iff to perform maintenance on locomotives, Defendant negligently put Plaintiff in a dangerously and harmfully loud work environment without providing adequate warnings or taking adequate precautions to protect Plaintiff from hearing damage, .2- solin, cpt 9/27/96 (jaz) 12, This action arises out of noise exposure and occurrences in the Bnola Locomotive Terminal. 13, On or about May 13, 1994, Plaintiff discovered that he had a loss of hearing and reasonably believed it to be related to his employment with Conrail. 14, The aforementioned injury was caused solely by the negligence of Defendant as aforesaid and was in no manner due to any act or failure to act on the part of Plaintiff. 15. By reason of Defendant's negligence in putting Plaintiff to work in an unsafe work environment, Plaintiff, while working pursuant to Defendant's orders, suffered a loss of hearing through repeated and/or continuous exposure to the harmfully loud noise in his work environment. 16, Defendant Conrail was negligent in: \a) failing to provide Plaintiff with a reasonably safe place to work as set forth herein; (b) failing to take adequate precautions to protect Plaintiff from suffering hearing loss through exposure to harmfully loud noise; (c) requiring Plaintiff to perform a job which cannot be done safely without risk of hearlng damage; (d) failing to warn Plaintiff of the danger of the exp08ure to the noise in his work environment; (e) failing to inspect for harmfully loud noise and monitor amount to which Plaintiff was exposed; and -3- sol in. cpt 9/27/96 (jaz I (f I fail ing to take steps to remedy or control the excessive and harmful noise levels in the area where Plaintiff worked; (g) failing to provide hearing protecti<;m training to Plaintiff i (h) failing to properly supervise; (i) failing to maintain noise levels within government regulated or recommended levels; and (j) failing to remove Plaintiff from the environment when it realized Plaintiff was being injured. 17. As a direct and proximate result of the aforesaid unsafe and harmfully loud working environment, Plaintiff, Gerald A. Salinas, suffered and suffers severe hearing loss in both earE> , as well as continued aggravation of that hearing loss. 18. As a resu1 t of his injuries, Plaintiff has suffered and will, in the future, continue to suffer severe physical pain, mental anguish and suffering, embarrassment, humiliation, and loss of life's pleasures. 19. As a result of his injuries, Plaintiff has and will continue to incur medical expenses and expenses related to the treatment ot. his hearing damage. 20. As a result of his injuries, Plaintiff has and/or may suffer severe loss of earnings and impairment of his earning capacity. -4- solin, cpt 9/2;7/96 (jaz) CIITIFICATI OF SIIVICI AND NOW, this ~day of DECEMBER, 1996, I, MICHAEL H, PARK, Esquire, of the firm of Hepford, Swartz & Morgan, attorneys for Plaintiff, hereby certify that I, this day, served the within Complaint, by depositing a true and correct copy of the same in the United States mail, first class, postage prepaid, at Harrisburg, Pennsylvania, upon: Consolidated Rail Corporation 16th Floor 2001 Market Street Philadelphia, PA 19103-7097 ~~~~ M chael H, Park