Loading...
HomeMy WebLinkAbout08-0824 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, Plaintiff, CIVIL DIVISION CASE NO. D$- 801 Civi i-r" vs. NORFOLK SOUTHERN RAILWAY COMPANY, Individually and as a Successor -in-interest-or-liability to any other railroad, including CONSOLIDATED RAIL CORPORATION, TYPE OF PLEADING: COMPLAINT FILED ON BEHALF OF: PLAINTIFF Defendants. TO: DEFENDANTS COUNSEL OF RECORD FOR THIS PARTY: You are hereby notified to file a written response to the within Complaint in Civil Action within Twenty (20) days of service MARK F. McKENNA, ESQUIRE hereof or judgment may be entered against PA I.D. #30297 you. & ASSOCIATES, P.C. A McKENNA & ASSOCIATES, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219-1314 (412) 471-6226 Mark-F'McKenna, Esquire Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, Plaintiff, COMPLAINT V. Civil Action No.: NORFOLK SOUTHERN RAILWAY COMPANY, Individually and as a Successor-in-interest-or-liability to any other railroad, including CONSOLIDATED RAIL CORPORATION, Defendants. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and notice are served, by entering a written appearance personally or by an attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR One Courthouse Square Carlisle, PA 17103 (717) 240-6200 COMPLAINT Plaintiff, RONALD J. MOORE, by and through his attorneys, McKENNA & ASSOCIATES, P.C., as and for his Complaint against the defendant, NORFOLK SOUTHERN RAILWAY COMPANY, hereby alleges, upon information and belief the following: 1. At all times relevant hereto, plaintiff, Ronald J. Moore, is an adult individual who resides at 21 Thomas Drive, Duncannon, Perry County, Pennsylvania, 17020. 2. At all times relevant hereto, plaintiff, Ronald J. Moore, was an employee of defendant, NORFOLK SOUTHERN RAILWAY COMPANY, et al, as that term is defined in 45 U.S.C. § 51 et seq., and as such was working as an electrician in furtherance of defendant's business in interstate rail transportation and commerce. 3. At all times relevant hereto, defendant, NORFOLK SOUTHERN RAILWAY COMPANY, was a common carrier by railroad, as that term is defined in 45 U.S.C. § 51 et seq., and as such it conducted business throughout the Commonwealth of Pennsylvania, and it maintained a rail yard, diesel shop and facilities in Enola, Cumberland County, Pennsylvania. 4. Defendant, NORFOLK SOUTHERN RAILWAY COMPANY, conducted business throughout the Commonwealth of Pennsylvania and it maintained facilities in Cumberland County, Pennsylvania. 5. At all times relevant hereto, the defendant, NORFOLK SOUTHERN RAILWAY COMPANY, was a corporation duly organized and existing under the law of the Commonwealth of Virginia. 6. This case is being brought pursuant to the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. due to defendant, NORFOLK SOUTHERN RAILWAY COMPANY's failure to provide plaintiff, Ronald J. Moore, with a safe work place as required under the Federal Employers' Liability Act. 7. Plaintiff, Ronald J. Moore, while working in the course and scope of his employment for defendant, NORFOLK SOUTHERN RAILWAY COMPANY was continuously and repeatedly exposed to the stress and overexertion to his lower extremities, including his hips and knees due to the insufficient safety precautions implemented by defendant, NORFOLK SOUTHERN RAILWAY COMPANY as well as defendant, NORFOLK SOUTHERN RAILWAY COMPANY's failure to provide adequate safety equipment which caused plaintiff, Ronald J. Moore to sustain severe and potentially permanent injury to his lower extremities including his hips and knees. 8. Throughout his employment with defendant, NORFOLK SOUTHERN RAILWAY COMPANY, plaintiff, Ronald J. Moore, in the performance of his duties as an employee of the defendant, was continuously caused to use excessive force and awkward positions and was required to perform repetitive motions utilizing his lower extremities, including his hips and knees, which caused the plaintiff, Ronald J. Moore, to sustain severe and potentially permanent injuries to his lower extremities, including his hips and knees. 9. All property, equipment and operations involved in this occurrence, and hereinafter referred to, were owned and/or under the direct and exclusive control of the defendants, its agents, servants, workmen and/or employees. 10. Throughout plaintiff, Ronald J. Moore's employment, defendant, NORFOLK SOUTHERN RAILWAY COMPANY knew or should have known in the exercise of proper diligence, plaintiff, Ronald J. Moore's ongoing required repetitive and strenuous movements throughout the same period. 11. Throughout plaintiff, Ronald J. Moore's employment, plaintiff, Ronald J. Moore, was working in or near Enola, Pennsylvania. 12. Throughout plaintiff, Ronald J. Moore's employment, plaintiff, Ronald J. Moore, was carrying out his assigned work of electrician and performing his duties including a. Wiring, maintaining, repairing, rebuilding, inspecting and installing railroad equipment, including but not limited to, generators, switchboards, meters, motors, and controls; b. Performing inside and outside wiring at railroad facilities including but not limited to, shops, buildings, and yards in furtherance of the defendant, NORFOLK SOUTHERN RAILWAY COMPANY's railroad business in interstate commerce. 13. Throughout plaintiff, Ronald J. Moore's employment, defendant, NORFOLK SOUTHERN RAILWAY COMPANY, was negligent and careless in the following respects: a. in failing to provide plaintiff, Ronald J. Moore, with a safe place to work; b. in failing to provide plaintiff, Ronald J. Moore, a workplace with adequate safety implementations; C. in failing to provide plaintiff, Ronald J. Moore, adequate safety equipment with which to work; d. in failing to provide plaintiff, Ronald J. Moore, with a reasonably safe place to work and in failing to warn or advise plaintiff, Ronald J. Moore, as to unsafe conditions that he was required to work in; e. in failing to correct unsafe, and hazardous conditions which were known or should have been known to defendants; f. in failing to follow its own safety rules and regulations; g. in failing to create and enforce proper safe operating rules and work procedures as to provide plaintiff, Ronald J. Moore, a safe place to work; h. in failing to comply with the State and Federal regulations, including but not limited to the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq.; i. in failing to comply with the Federal Employers' Liability Act; k. in being generally careless and negligent in the operation of its business in interstate rail transportation and commerce by failing to warn, protect and/or take precautions to protect its employees; 1. in failing to furnish plaintiff, Ronald J. Moore with the proper protective equipment; M. in failing to warn plaintiff, Ronald J. Moore of the dangers posed by the aforementioned repetitive motions and awkward positions; n. in failing to periodically inspect and/or test its workplace; o. in allowing unsafe practices to become standard practices; P. in failing to provide proper tools and equipment; q. in failing to provide proper medical supervision and care; r. by failing to monitor the work place; S. by failing to take precautions to prevent repeated injuries to plaintiff, Ronald J. Moore's extremities, including his hips and knees; and t. by failing to employ or hire a trained ergonomist to test, monitor, educate and provide plaintiff, Ronald J. Moore, with a safe work place. 14. As a result of continuously being exposed to repetitive motions and awkward positions while working for the Defendant, NORFOLK SOUTHERN RAILWAY COMPANY, plaintiff, Ronald J. Moore, was caused to suffer serious and potentially permanent injuries, including, but not limited to: a. Pain radiating down his lower extremities; b. Osteoarthritis in his lower extremities; C. Hip pain; and d. Knee pain. 15. As a result of the negligence of the defendant, NORFOLK SOUTHERN RAILWAY COMPANY, in its failure to provide a safe place to work, the plaintiff, Ronald J. Moore, was caused to suffer the above listed severe and potentially permanent injuries in and about his body. 16. As a further direct and proximate result of the aforementioned negligence of defendant, NORFOLK SOUTHERN RAILWAY COMPANY, plaintiff Ronald J. Moore, has also sustained the following damages: a. loss of wages and fringe benefits; b. loss of earning capacity; C. has and will incur expenses, both medical and personal; d. will cause plaintiff, Ronald J. Moore, to lose time from his railroad employment thereby sustaining damages now and into the future; e. will incur pain and suffering, mental anguish and trauma now and into the future; and f, will suffer additional damages as shown by plaintiff, Ronald J. Moore's proof at trial. 17. Plaintiff, Ronald J. Moore, did not contribute to his injuries. WHEREFORE, plaintiff, Ronald J. Moore, respectfully requests that this Court enter a money judgment in his favor against the defendant, NORFOLK SOUTHERN RAILWAY COMPANY, and award him his damages, including costs and disbursements and such other and different relief as to this Court seems just and equitable under the circumstances. JURY TRIAL DEMANDED TES, P.C. XIAKkS,V. WKENNA, ESQUIRE Attorneys for Plaintiff, Ronald J. Moore . 11 VERIFICATION I am the Plaintiff in this matter and am represented by counsel. I have furnished to my counsel factual information upon which the foregoing is based. To the extent that it is based on the factual information provided to counsel, I verify that those facts are true and correct to the best of my knowledge, information and belief. However, the language is that of counsel and, to the extent that it goes beyond the factual information which I have provided to counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 7 C?9 Ronald J. ore N C: l? ?t rf-I v / ? _T ! L n .' W V h rA v _ ? r 1 " GJ ? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00824 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOORE RONALD J VS NORFOLK SOUTHERN RAILWAY CO R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: NORFOLK SOUTHERN RAILWAY COMPANY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 20th , 2008 , this office was in receipt of t attached return from PHILADELPHIA Sheriff's Costs: So answers: J -' Docketing 18.00 Out of County 9.00 '- Surcharge 10.00 R. Thomas ne Postage 2.86 Sheriff of Cumberland County .00 39.86 ? ???y1°? 02/20/2008 MCKENNA & ASSOCIATES Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00824 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOORE RONALD J VS NORFOLK SOUTHERN RAILWAY CO R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CONSOLIDATED RAIL CORPORATION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 20th , 2008 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So ans?w _ Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kl' Dep Dauphin County 35.25 Sheriff of Cumberland County .00 60.25 ? ?/a olbY ?^ 02/20/2008 MCKENNA & ASSOCIATES Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Ronald J. Moore vs. Norfolk Southern Railway Company et al 08-824 civil SERVE: same No. Now, February 8, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20, COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the County, PA + } f Fniizadel 11ia, Date: U`, 1 b o THE ATTACHED WAS RETURNED FOR THE FOLLOWING REASONS Required Fee: $ Amount Sent: $ Check must be signed Copies of Writ needed Sets of writ package needed (see attached for proper forms) Complete address of defendant is needed on the back of writ (include Apt #) Need envelope addressed to: Defendant with postage Plaintiff with postage Attorney with postage Writ must be sent to Prothonotary's Office for Court & Term/Claim Number Raised Seal Re-Issuance Attorney's name, address and telephone are needed on all copies of the writ backer. A Sheriff s Return of Service Form is needed for each Defendant/Garnishee NOTE: Please keep this Notice attached to Expedite Service Any Questions, please feel free to contact us. Acceptable forms of payment included Attorney's Check, Cashier's Check, Certified Check, or Money Order ONLY. Cash, credit cards, personal checks and business checks are NOT accepted! THANK YOU Charles Ondrejka Common Pleas Court (215) 686-8864 Philadelphia Sheriffs Office Municipal Court (215) 686-7334 215-686-3559 In The Court of Common Pleas of Cumberland County, Pennsylvania Ronald J. Moors vs. Norfolk Southern Railway Company et al 08-824 civil SERVE: Consolidated Rail Corporation No. Now, February 8, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA F Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA 20 , at o'clock M. served the (0 tfixt- of Ar ?$heruf MaRry,JEane Snyder Charles E. Sheaffer Chief Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin RONALD MOORE VS CONSOLIDATED RAIL CORPORATION Sheriffs Return No. 2008-T-0303 OTHER COUNTY NO. 08-824 And now: FEBRUARY 13, 2008 at 11:50:00 AM served the within NOTICE & COMPLAINT upon CONSOLIDATED RAIL CORPORATION by personally handing to JEN SMITH 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at C/O CORPORATION SERVICE COMPANY 2704 COMMERCE DRIVE HARRISBURG PA 17110 PERSON IN CHARGE Sworn and subscribed to So Answers, before me this 15TH day of February, 2008 A7? NOTARIAL SEAL RY JANE SNYDER, Notary Pub?i Highspire, Dauphin County Fm, Commission Expires S t 1 2010 Sheriff of Dau ' County, Pa. Bv• Deputy Sheriff Deputy: T STRUBHAR Sheriffs Costs: $35.25 2/12/2008 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, CIVIL ACTION PLAINTIFF, VS. NO: 08-824 - CIVIL TERM NORFOLK SOUTHERN RAILWAY COMPANY, Individually and as a Successor-in-interest-or-liability to any other railroad, including CONSOLIDATED RAIL CORPORATION, ANSWER AND NEW MATTER DEFENDANT. Filed on behalf of Defendants, Norfolk Southern Railway Company and Consolidated Rail Corporation Counsel of Record for these Parties: Nicole E. Bazzy, Esquire Pa. ID# 89030 BURNS, WHITE & HICKTON Firm # 828 Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3000 JURY TRIAL DEMANDED THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, PLAINTIFFS, VS. NORFOLK SOUTHERN RAILWAY COMPANY, ET AL., DEFENDANTS. CIVIL DIVISION CASE NO. 08-824 ANSWER AND NEW MATTER JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW COMES the Defendants, Norfolk Southern Railway Company and Consolidated Rail Corporation, by their attorneys Burns, White & Hickton and Nicole E. Bazzy, Esquire, and files the following Answer and New Matter to Plaintiffs Complaint: ANSWER 1. Admitted as to residence. 2. The allegations contained in Paragraph 2 of Plaintiff's Complaint constitute a conclusion of law to which no response is necessary. To the extent a response is deemed necessary, all of the allegations contained in Paragraph 2 of Plaintiff's Complaint are specifically denied in their entirety. 3. The allegations contained in Paragraph 3 of Plaintiff's Complaint constitute a conclusion of law to which no response is necessary. To the extent a response is deemed necessary, all of the allegations contained in Paragraph 3 of Plaintiff's Complaint are specifically denied in their entirety. 4. It is admitted that Norfolk Southern Railway Company conducts business in the Commonwealth of Pennsylvania. The remaining allegations are denied. 5. Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 5 of Plaintiffs Complaint. All said allegations are denied. 6. The allegations contained in Paragraph 6 of Plaintiffs Complaint constitute a conclusion of law to which no response is necessary. To the extent a response is deemed necessary, all of the allegations contained in Paragraph 6 of Plaintiff s Complaint are specifically denied in their entirety. 7. All of the allegations contained in Paragraph 7 of Plaintiffs Complaint are denied. 8. All of the allegations contained in Paragraph 8 of Plaintiffs Complaint are denied. 9. Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 9 of Plaintiffs Complaint. All aid allegations are denied. 10. All of the allegations contained in Paragraph 10 of Plaintiffs Complaint are denied. 11. Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 11 of Plaintiffs Complaint. All said allegations are denied. 2 12. Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 12 of Plaintiffs Complaint. All said allegations are denied. 13. All of the allegations contained in Paragraph 13 of Plaintiffs Complaint, through and including subparagraphs (a) through (t) are denied in their entirety. 14. All of the allegations contained in Paragraph 14 of Plaintiffs Complaint, through and including subparagraphs (a) through (d) are denied in their entirety. 15. All of the allegations contained in Paragraph 15 of Plaintiffs Complaint are denied. 16. All of the allegations contained in Paragraph 16 of Plaintiffs Complaint, through and including subparagraphs (a) through (f) are denied. 17. All of the allegations contained in Paragraph 17 of Plaintiffs Complaint are denied. NEW MATTER By way of further response to the entirety of Plaintiff's Complaint, Defendants set forth the following New Matter: 18. Defendants believe and therefore aver that all of Plaintiffs claims are barred by applicable statutes of limitation. Accordingly, Defendants hereby plead all applicable statutes of limitation as a complete bar to the entirety of Plaintiffs claims. 19. While denying that the Plaintiff sustained the injuries and/or damages as alleged, if it would ultimately be proven that the Plaintiff did sustain the damages and/or injuries in the fashion alleged, Defendants believe and therefore aver that Plaintiffs own contributory negligence may have and/or did contribute, in a substantial way, to the 3 A, happening and/or occurrence of the alleged injuries. And, accordingly, Defendants plead Plaintiffs contributory negligence in diminution of any award Plaintiff may ultimately receive. 20. While denying that the Plaintiff sustained the damages as alleged, Defendants believe and therefore aver that any damages the Plaintiff may ultimately be entitled to recover from these Defendants may or are possibly limited in scope by the provisions of the Federal Employers' Liability Act, and said recovery may be limited as to those damages specifically annunciated therein. Accordingly, in the event said act is applicable, all sections of Plaintiffs Complaint seeking damages other than those provided for in the Federal Employers' Liability Act fail to state a valid cause and/or causes of action upon which relief may be granted and should be dismissed. Alternatively, all said sections of Plaintiffs' Complaint should be stricken. 21. Plaintiffs Complaint, as to these Defendants, fails to state a valid cause and/or causes of action upon which relief may be granted and should be dismissed. 22. Defendants hereby plead the defense of release to all of Plaintiff's claims alleged herein. 23. Defendants would further show that Plaintiff's alleged injuries and damages were caused, in whole or in part, by pre-existing conditions, or other contributory or concurrent conditions or factors, including events occurring prior or subsequent to the occurrence made the basis of Plaintiff's claim against Defendants. 24. Insofar as Plaintiff's Complaint attempts to assert, explicitly and/or implicitly, that Defendant, Norfolk Southern Corporation is a successor-in-interest to Consolidated Rail Corporation and/or any other entity or entities, all said averments are 4 specifically denied in their entirety and it is affirmatively averred that Norfolk Southern Corporation is an individual entity, and is not, in any way, a successor-in-interest to the liability of Consolidated Rail Corporation and/or any other entity. WHEREFORE, Defendants, Norfolk Southern Railway Company and Consolidated Rail Corporation, demand that the Plaintiff's action be dismissed and that they be permitted to recover the costs of defending this action. JURY TRIAL DEMANDED. Respectfully submitted, BURNS, WHITE & HICKTON By AL:t'z r Nicole E. Bazzy, Esquire Attorney for Defendants, Norfolk Southern Railway Company and Consolidated Rail Corporation NOTICE TO PLEAD TO: PLAINTIFF You are hereby notified to file a writer reply to the enclosed New Matter within twenty (20) days of service hereof or a judgment may be entered against you. Uf By icole E. Bazzy, Esquire Attorney for Defendants 5 CERTIFICATE OF SERVICE I hereby certify that on this 29th day of February 2008, a copy of the within ANSWER AND NEW MATTER was served via first class mail, postage prepaid on Counsel for Plaintiff: Mark F. McKenna, Esquire MCKENNA & ASSOCIATES 436 Blvd. of the Allies Suite 500 Pittsburgh, PA 15219-1314 BURNS, WHITE & HICKTON By Nic le E. Bazzy, Esquire Attorney for Defendants 6 VERIFICATION I verify that the averments of fact made in the foregoing ANSWER AND NEW MATTER are true and correct based upon my personal knowledge, information and belief. I understand that the averments of fact in said document are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. L. K i h Lamber Manager, Occupational Claims I y IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, PLAINTIFF, VS. NORFOLK SOUTHERN RAILWAY COMPANY, Individually and as a Successor-in-interest-or-liability to any other railroad, including CONSOLIDATED RAIL CORPORATION, DEFENDANT. CIVIL ACTION NO: 08-824 - CIVIL TERM PRAECIPE FOR APPEARANCE Filed on behalf of Defendants, Norfolk Southern Railway Company and Consolidated Rail Corporation Counsel of Record for these Parties: Nicole E. Bazzy, Esquire Pa. ID# 89030 BURNS, WHITE & HICKTON Firm # 828 Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3000 JURY TRIAL DEMANDED i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, PLAINTIFF, VS. NORFOLK SOUTHERN RAILWAY COMPANY, ) Individually and as a Successor-in-) Interest-or-liability to any other ) Railroad, including ) CONSOLIDATED RAIL CORPORATION; ) DEFENDANTS, CIVIL DIVISION NO: 08-824 PRAECIPE FOR APPEARANCE JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: Curtis R. Long - Prothonotary Kindly enter my Appearance on behalf of Defendants, NORFOLK SOUTHERN RAILWAY COMPANY and CONSOLIDATED RAIL CORPORATION, with reference to the above-captioned matter. BURNS, WHITE & HICKTON BY i ole E. Bazzy, eMquire Pa. ID#89030 Attorney for Defendants, Norfolk Southern Railway Company and Consolidated Rail Corporation I s CERTIFICATE OF SERVICE I hereby certify that on this 29th day of February 2008, a copy of the within PRAECIPE FOR APPEARANCE was served on all counsel of record, via first class mail postage prepaid: Mark F. McKenna, Esquire MCKENNA & ASSOCIATES 436 Blvd. of the Allies Suite 500 Pittsburgh, PA 15219-1314 xd",- By icole E. Bazzy, u re Attorney for Defendants C.? C-- S 51 .i =, roman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, CIVIL ACTION NO: 08-824 Plaintiff, VS. NORFOLK SOUTHERN RAILWAY COMPANY and CONSOLIDATED RAIL CORPORATION, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY Kindly reinstate the Complaint in regard to the above-captioned matter. Respectfully submitted, McKENNA & ASSOCIATES, P.C. By: jqpk MARK F. McKENNA, ESQUI Attorneys for Ronald J. Moore Cz) 4k n•J I - Z a 10 % IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, Plaintiff, vs. NORFOLK SOUTHERN RAILWAY COMPANY, Individually and as a Successor-in-interest-or-liability to any other railroad, including CONSOLIDATED RAIL CORPORATION, Defendant. CIVIL DIVISION NO. 08-824-CIVIL TERM TYPE OF PLEADING: REPLY TO NEW MATTER FILED ON BEHALF OF: PLAINTIFF, RONALD J. MOORE COUNSEL OF RECORD FOR THIS PARTY: MARK F. McKENNA, ESQUIRE PA I.D. # 30297 McKENNA & ASSOCIATES, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 (412) 471-6226 mcklawnnauticom.net .t , % IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, CIVIL DIVISION Plaintiff, NO. 08-824-CIVIL TERM VS. NORFOLK SOUTHERN RAILWAY COMPANY, Individually and as a Successor-in-interest-or-liability to any other railroad, including CONSOLIDATED RAIL CORPORATION, Defendant. REPLY TO NEW MATTER AND NOW COME the Plaintiff, Ronald J. Moore, by and through his counsel, McKENNA & ASSOCIATES, P.C., and files the following Reply to New Matter and in support thereof avers as follows: 18-24. Paragraphs 18 through 24, inclusive, are conclusions of law to which no responsive pleadings are required. WHEREFORE, Plaintiff, Ronald J. Moore, requests that judgment be entered in his favor and against the Defendant, Norfolk Southern Railway Company. Respectfully submitted, Attorneys for Plaintiff, Ronald J. Moore VERIFICATION I am the Plaintiff in this matter and am represented by counsel. I have furnished to my counsel factual information upon which the foregoing Reply to New Matter is based. To the extent that it is based on the factual information provided to counsel, I verify that those facts are true and correct to the best of my knowledge, information and belief. However, the language is that of counsel and, to the extent that it goes beyond the factual information which I have provided to counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Zc7- v Ronald J. Moor '? .. • ,k CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Reply to New Matter was forwarded to the following on the I4*day of March 2008: Nicole E. Bazzy, Esquire BURNS, WHITE & HICKTON Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 & ASSOCIATES, P.C. MAICK F. MCKENNA, ESQUIRE Attorneys for Plaintiff, Ronald J. Moore .R s CO t J t SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00824 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOORE RONALD J VS NORFOLK SOUTHERN RAILWAY CO R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT NORFOLK SOUTHERN RAILWAY but was unable to locate Them COMPANY , to wit: in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 26th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers- -=! Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas ine Dep Dauphin County 29.25 Sheriff of Cumberland County Postage 1.89 68.14 ? .3 f 1$08 tjYY7 03/26/2008 MCKENNA & ASSOCIATES Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Ronald J. Moore vs. Norfolk Southern Railway CaTpany No. 08-824 civil Now, Marcia 13 Zoos . , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT M. served the the contents thereof. County, PA (ptfitt, gf t{e cSherrff Mary Jane Snyyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin RONALD J MOORE Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS NORFOLK SOTHERN RAILWAY COMPANY Sheriff s Return No. 2008-T-0632 OTHER COUNTY NO. 08-824 And now: MARCH 21, 2008 at 10:20:00 AM served the within COMPLAINT upon NORFOLK SOTHERN RAILWAY COMPANY by personally handing to KAREN JONES 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at C/O CT CORPORATION SYSTEMS 100 PINE STREET HARRISBURG PA 17101 PERSON IN CHARGE Sworn and subscribed to before me this 21 ST day of March, 2008 e?o E NOTARIAL SEAL R Y JANE SNYDER Notary Publi Highspire, Dauphin County M Commission Expires Sept 1, 2010 So Answers, Sheriff of Dauphin County, Pa. By 64aI&AL/ _ a Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $29.25 3/20/2008 / I ?. L ??rr?? r}eA. n? 1 ?:r 1• d..? THE COURT OF COMMON PLE"?` CUMBERLAND COUNTY, PENNSY V I RONALD J. MOORE, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY, ET AL., Defendants. CIVIL DIVISION CASE NO. 08-824 DEFENDANTS' MOTION TO COMPEL PLAINTIFF'S DEPOSITION Counsel of Record for this Party: Thomas G. Donahue, Esquire Burns, White & Hickton LLC Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3047 tgdonahue@bwhllc.com JURY TRIAL DEMANDED THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, PLAINTIFF, CIVIL DIVISION CASE NO. 08-824 VS. NORFOLK SOUTHERN RAILWAY COMPANY, ET AL., DEFENDANTS. JURY TRIAL DEMANDED MOTION TO COMPEL PLAINTIFF'S DEPOSITON AND NOW comes Defendant, Norfolk Southern Railway Company ("Norfolk Southern") and Consolidated Rail Corporation ("Conrail"), by and through its attorneys, Burns, White & Hickton LLC and Thomas G. Donahue, Esquire, and files the within Motion to Compel Plaintiff's Deposition, arguing as follows: I. Plaintiff is an employee of Norfolk Southern and a former employee of Conrail who has brought a suit under the Federal Employers Liability Act ("FELA") for purported personal injuries that occurred as a result of his employment with the Defendants. 2. Plaintiff filed this case on February 4, 2008. Defendants had noticed Plaintiff's deposition. Plaintiff's counsel informed Defendants that Plaintiff would not be attending the deposition and that Plaintiff has been non-responsive to counsel's repeated communication attempts. See Exhibit A. 3. The parties are represented as follows: Plaintiff: Mark F. McKenna, Esquire Jeremy K. Knaebel, Esquire McKenna & Associates, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 (412) 471-6226 iknaebel@consolidated.net Defendant: Thomas G. Donahue, Esquire Burns, White & Hickton LLC Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3047 tgdonahue@bwhllc.com 4. On May 13, 2010, Defendants were prepared to and planned to depose Plaintiff, Ronald J. Moore in this matter. The day before this deposition was to occur, Defendants' counsel telephoned Plaintiff's counsel to compel attendance at the deposition. Plaintiff's counsel informed Defendants that Plaintiff was not responsive to attempts to communicate about the deposition and that they did not plan on attending the deposition. To date, that deposition remains outstanding. Defendant submits that its efforts to resolve this discovery dispute are evidenced by the correspondence attached in Exhibits A, B, C and D as well as several telephone calls with Mr. McKenna, Esquire. 5. Defendants would like to move this case forward by securing court compulsion of the Plaintiff to attend and be deposed for discovery purposes. Accordingly, Defendants request that this Court order Plaintiff to attend and testify within ten (10) days of the entry of this order, on a date to be determined by the court. WHEREFORE, Defendants requests that this Court schedule and compel Plaintiff's deposition to be conducted and attended within ten (10) days of this Court's ruling upon the present motion. Respectfully Submitted, Thomas G. Donahue, Esquire Burns, White & Hickton LLC Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3158 tgdonahue@bwhllc.com A orneY atDonahue BURNS, WHITE & HICKTON A LNM UAW N COMPANY (412) 995-3047 ATTOWVBYS AT lAW t&donahue@bwh11c.com Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3000 - Fax (412) 995-3300 May 12, 2010 Via Facsimile and First Class Mail Mark F. McKenna, Esquire McKenna & Associates, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 RE: Ronald Moore v. Consolidated Rail Corp., et al. Our File No. 03091-182129 Dear Mr. McKenna: As counsel for Defendants, Norfolk Southern Railway Company, et al., in the matter of Moore v. NSRC, et al., please allow this letter to memorialize our conversation at 2:45 p.m. on May 12, 2010, wherein you, Mark McKenna, Esquire, returned my phone call regarding the noticed, agreed upon, and scheduled deposition of Plaintiff, Ronald Moore. This deposition was scheduled for 10:00 a.m. tomorrow, May 13, 2010 at the Norfolk Southern Office, 4600 Deer Path Road, Harrisburg PA 17110-3927. This ------- -----location-is-approximately=a-four.: (4).-hour .drive-from-b.oth--Plaintiff's-and-.Defendants' ---- --- -- attorney's offices. In this conversation you informed me that despite repeated attempts to contact Plaintiff over the course of the last month regarding this deposition, Plaintiff would not answer or respond to your attempts. You also informed me that the notice of deposition had been forwarded to Plaintiff. Later, in another phone call, at 3:15 p.m., you informed me that you had reached Plaintiff and that he is in Florida, thus unavailable for the deposition. You also informed me that you would be in touch with Wes Callender regarding settlement talks this week. Cherry Hill, NJ Cleveland, OH Harrisburg, PA • Philadelphia, PA • Princeton, NJ - Wheeling, WV - Wilmington, DE www.bwhllc.com Mark F. McKenna, Esq. May 12, 2010 Page 2 Please get back to me by the end of the week with Mr. Moore's availability for a deposition within the next month. If I do not hear from you by the close of business on Friday, it is my intention to file a motion to compel Mr. Moore's deposition. We hope to hear from your office regarding this matter shortly. Warm regards, Thomas G. Donahue TGD/dxt 05112/2010 16:43 FAX 4123597392 la 001 * TX REPORT ** TRANSMISSION OK TX/RX NO RECIPIENT ADDRESS DESTINATION ID ST. TIME TIME USE PAGES SENT RESULT 0270 94124716658 05/12 16:42 01'02 OK Four Northshore Center 108 I OW& Street Pittsburgh, PA 18212 412-8863000 - phone 412.9853304 . W rom Tb: Mark McKenna, Esquire From: Thomas G. Donahue, Esquire Fax: (412) 471-6658 Pagesr 3 Date: May 12, 2090 - - - --1370i ent 0 For RevkW ? PWs" -Gammaitt [7 Please R®ply ? P"616 860616 • comments: James Utohard v. Norfolk Southem Rallway Company EMPORTANT NOTICE This FAX has been sent from a law firm. It may contain privileged and confidential information intended for the use of the person(s) named above. If you are not an intended recipient, you are hereby notified that any dissemination or duplication of this FAX is prohibited and that there is - - - ? SIW 17B6 no Waiver of any privilege or confidence by your receipt of this transmission. If you _ have received this FAX in error, please notify us by collect telephone call and return the pages via first class mail. Thank you. Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 412-995-3000 - phone 412-995-3304 - fax r do MA To: Mark McKenna, Esquire From: Thomas G. Donahue, Esquire Fax: (412) 471-6658 Pages: 3 Date: May 12, 2010 ? Urgent ? For Review ? Please Comment ? Please Reply ? Please Recycle e Comments: James Litchard v. Norfolk Southern Railway Company IMPORTANT NOTICE This FAX has been sent from a law firm. It may contain privileged and confidential information intended for the use of the person(s) named above. If you are not an intended recipient, you are hereby notified that any dissemination or duplication of this FAX is prohibited and that there is and shall be no waiver of any privilege or confidence by your receipt of this transmission. If you have received this FAX in error, please notify us by collect telephone call and return the pages via first class mail. Thank you. BWH Jill A. Georgic Paralegal (412) 995-3162 jageorgic@bwhllc.com BURNS, WHITE & HICKTON A UMITED UABIM COMPANY ATrORNEYS AT LAW Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3000 • Fax (412) 995-3300 April 12, 2010 Jeremy Knaebel, Esquire MCKENNA & Associates 436 Blvd. of the Allies Suite 500 Pittsburgh, PA 15219 RE: Ronald J. Moore vs. Norfolk Southern Railway Company, et al. Our File No. 03091-182129 Dear Mr. Knaebel: As per your discussion with Tom Donahue, I have enclosed a Notice of Deposition for Mr. Moore on May 13, 2010 at l Oam in our offices. If you have any questions or concerns, please call Tom Donahue or me. Thank you for your cooperation. Very truly yours, ,;gill A. Georkic Enclosure Cherry Hill, NJ • Cleveland, OH • Harrisburg, PA • Philadelphia, PA • Princeton, NJ • Wheeling, WV • Wilmington, DE www.bwhllc.com E I Jill A. Georgic Paralegal (412) 995-3162 jageorgic@bwhllc.com BURNS, WHITE & HICKTON A LIMITED UABUnY COMPANY ATTORNEYS AT LAW Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3000 • Fax (412) 995-3300 April 14, 2010 Jeremy Knaebel, Esquire MCKENNA & Associates 436 Blvd. of the Allies Suite 500 Pittsburgh, PA 15219 RE: Ronald J. Moore vs. Norfolk Southern Railway Company, et al. Our File No. 03091-182129 Dear Mr. Knaebel: As per your discussion with Tom Donahue, I have enclosed a Notice of Deposition for Mr. Moore on May 13, 2010 at l Oam at the NS offices in Harrisburg. If you have any questions or concerns, please call Tom Donahue or me. Thank you for your cooperation. Very truly ours, ill A. orgic Enclosure Cherry Hill, NJ • Cleveland, OH • Harrisburg, PA • Philadelphia, PA • Princeton, NJ • Wheeling, WV • Wilmington, DE www.bwhllc.com 0 Thomas G. Donahue BURNS WHITE & HICKTON Attorney at Law A 1NM UABMY COMPANY (412) 995-3047 ATTORNEYS AT LAW tgdonahue@bwhitc.com Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3000 • Fax (412) 995-3300 March 31, 2010 Jeremy K. Knaebel, Esquire McKenna & Associates, P.C. 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 RE: Ronald Moore v. Consolidated Rail Corp., et al. Our File No. 03091-182129 Dear Jeremy: Please allow this letter to memorialize our phone conversation on March 31, 2010, regarding the deposition of Ronald Moore in the RSI matter, wherein it was agreed that the Plaintiff will be deposed on the week of May 10-14, or earlier. We look forward to hearing from you regarding a more specific date, time, and location in the near future. Additionally, please find enclosed authorization and release documents to be signed and returned to our office as soon as possible. I look forward to hearing from you in the near future. Warm regards, Thomas G. Donahue TGD/dxt Enclosures cc: Mark F. McKenna, Esq. Cherry Hill, NJ • Cleveland, OH • Harrisburg, PA • Philadelphia, PA • Princeton, NJ • Wheeling, WV • Wilmington, DE www.bwhllc.com 0 Thomas G. Donahue BURNS WHITE & HICKTON Attorney at Law A LIMITED UABM COMPANY (412) 995-3047 ATTORNEYS AT LAW tgdonahue@bwhllc.com Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3000 • Fax (412) 995-3300 March 26, 2010 Mark F. McKenna, Esquire McKenna & Associates, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 RE: Ronald Moore v. Consolidated Rail Corp., et al. Our File No. 03091-182129 Dear Mark: In regards to my conversation with your associate on March 26, 2010, please let me know of the dates that plaintiff will be available for a deposition in the near future. We would like to schedule this as soon as possible in April. I look forward to hearing from you regarding this matter. Warm regards, Thomas G. Donahue TGD/dxt Cherry Hill, NJ • Cleveland, OH • Harrisburg, PA • Philadelphia, PA • Princeton, NJ • Wheeling, WV • Wilmington, DE www.bwhllc.com CERTIFICATE OF SERVICE I hereby certify that on this 21st day of May, 2010, a true and correct copy of the within Motion to Compel Plaintiff's Deposition was served on counsel of record for the Plaintiff via first class mail, postage prepaid, addressed as follows: Mark F. McKenna, Esquire McKenna & Associates 436 Blvd. of the Allies Suite 500 Pittsburgh, PA 15219 BURNS, WHITE, & HICKTON, LLC Thomas G. Donahue, Esquire Burns, White & Hickton LLC Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3047 tgdonahue@bwhllc.com RONALD J. MOORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, ET AL. Defendants NO. 08-824 CIVIL TERM IN RE: DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S DEPOSITION ORDER OF COURT AND NOW, this 27th day of May, 2010, upon consideration of Defendant's -ft Motion To compel Plaintiff s Deposition, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of the date of this order. BY THE COURT, Mark F. McKenna, Esq. McKenna & Associates 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 Attorney for Plaintiff ?fhomas G. Donahue, Esq. Burns, White & Hickton, LLC Four Northshore Center 106 Isabella Street Pittsburg, PA 15212 Attorney for Defendant : rc l.. L F.r /n a c ?, s7,-.7.12110 -tz)ll Jr Wesley Olef, J. c_ C T` ..??= N r 1 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, CIVIL DIVISION Plaintiff, V. CASE NO. 08-824 NORFOLK SOUTHERN RAILWAY COMPANY, ET AL., Defendants. 0 c G C n 4 C= ' c r 1 sy y Co -< DEFENDANTS' WITHDRAWAL OF MOTION TO COMPEL PLAINTIFF'S DEPOSITION Counsel of Record for this Party: Thomas G. Donahue, Esquire Burns, White & Hickton LLC Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3047 tadonahue@bwhllc.com JURY TRIAL DEMANDED THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, ) PLAINTIFFS, ) VS. ) NORFOLK SOUTHERN RAILWAY ) COMPANY, ET AL., ) DEFENDANTS. ) CIVIL DIVISION CASE NO. 08-824 JURY TRIAL DEMANDED DEFENDANT'S WITHDRAWAL OF MOTION TO COMPEL PLAINTIFF'S DEPOSITION Pursuant to Pennsylvania Rules of Civil Procedure, Defendant Norfolk Southern Railway Company [hereinafter known as "Defendant" or "NSRC"] moves the Court to WITHDRAW its previously filed Motion to Compel Plaintiff's Deposition. Immediately upon receipt of the motion, Plaintiff's counsel and Defendant, NSRC, informed us that this matter has been settled, noticed to be filed with the Court upon receipt of signed documents. Defendant, in good faith, hereby moves this Honorable Court to withdraw its Motion to Compel Plaintiff's Deposition without prejudice and further, reserves the right to re-file in the event that this matter has or does not in-fact reach settlement in a timely manner. Respectfully submitted, Burns, White & Hickton LLC Thomas G. Donahue, Esquire Pa. I.D. #307604 Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3158 Tgdonahue@bwhllc.com CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of June, 2010, a true and correct copy of the within Defendant's Withdrawal of Motion to Compel Plaintiff's Deposition was served on counsel of record for the Plaintiff, via first class mail, postage prepaid, addressed as follows: Mark F. McKenna, Esquire McKenna & Associates 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 Thomas G. Donahue, Esquire _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, PLAINTIFF, VS. NORFOLK SOUTHERN RAILWAY COMPANY, Individually and as a Successor-in- Interest-or-liability to any other Railroad, including CONSOLIDATED RAIL CORPORATION; DEFENDANTS, CIVIL DIVISION NO: 08-824 ^-' PRAECIPE FOR APPEARANCE o c -- f ter; JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: David D. Buell, Prothonotary Kindly enter my Appearance on behalf of Defendants, NORFOLK SOUTHERN RAILWAY COMPANY and CONSOLIDATED RAIL CORPORATION, with reference to the above-captioned matter. BURNS, WHITE LLC B. - Brian ancos, Esquire Pa. ID No. 89720 Attorney for Defendants, Norfolk Southern Railway Company and Consolidated Rail Corporation CERTIFICATE OF SERVICE I hereby certify that on this 4th day of November, 2011 a copy of the within PRAECIPE FOR APPEARANCE was served on all counsel of record, via first class mail postage prepaid: Mark F. McKenna, Esquire MCKENNA & ASSOCIATES 436 Blvd. of the Allies Suite 500 Pittsburgh, PA 15219-1314 By Br . Mancos, Esquire Attorney for Defendants Ronald J. Moore 21 Thomas Drive Duncannon, PA 17020 Telephone: (717) 834-4679 Cellular: (717) 439-5708 January 24, 2012 Presiding Honorable Judge Cumberland County Courthouse Court of Common Pleas 1 Courthouse Square Carlisle, PA. 17013 Dear Honorable Judge: off- a447 08. 8a'/ z 17U -V f r J = CD I am writing in reference to my pending forced settlements with the Norfolk Southern Railway Company (No: 04-2497 and No: 08-824). Attorney Mark F. McKenna sent me written correspondence on January 19, 2012 stating that if I wish to object to the Defendant's Motion to Enforce Settlement, I must file a written response to the Rule to Show Cause with the Court. This letter serves as my objection to the forced settlements of my complaints filed against the Norfolk Southern Railway Company (No: 04-2497 and No: 08-824). I never agreed to settling both complaints for $60,000.00 verbally or in writing. I have witnesses to my telephone conversation with Attorney McKenna regarding this matter. I did agree to settle injuries to my neck only for $60,000.00 but have never signed any agreement. I am willing to take a polygraph test to prove the validity of my claim with the settlement amount. I had retained legal counsel with Attorney Joseph Collins (Collins & Collins from Buffalo, NY) who filed complaint No: 04-2497 on my behalf. I was then transferred to Attorney Mark F. McKenna who filed complaint No: 08-824. It is my understanding that Attorney Mark F. McKenna must have consent from Attorney Collins to settle my complaint No: 04-297, which he does not. I never signed a retainer for Attorney Mark F. McKenna on complaint No: 04-2497. In addition, I filed a complaint with The Disciplinary Board of the Supreme Court of Pennsylvania on May 16, 2011 against Attorney Mark F. McKenna. Attorney McKenna had filed complaint No: 08-824 for injuries to my lower extremities, including hips and knees on January 2, 2008. A deposition was held in May 2010 with the defense firm for the Norfolk Southern Railway Company. I was not notified of this deposition and Attorney Mark F. McKenna refused to attend this deposition or send a representative from his firm on my behalf. On March 4, 2011, I received a letter from Attorney McKenna stating that his office was not retained to file any suits on behalf of my knees. He then wanted me to sign a release of my lower extremities, which I refused to do. I still have the original unsigned document in my possession. I am enclosing copies of correspondence between myself and Attorney McKenna for your review. Attorney Mark F. McKenna has recommended that I retain counsel to present my position and protect my interests. I have yet to retain legal counsel, but am in the process of hiring legal counsel for this matter. I respectfully request to have legal representation for this matter. If you would have any questions or need additional information, please do not hesitate to contact me via telephone or mail. Res ectfully ubmitted, Ronald J. Moore j ??-?z Print From: Gerald Collins (geraldcollinslaw@yahoo.com) To: staceynybeck@yahoo.com; Date: Fri, June 10, 2011 12:43:39 PM Cc: Subject: Fw: Epperson, Moore --- On Tue, 9/29/09, jeremy knaebel <jknaebel@consolidated.net> wrote: From: jeremy knaebel <jknaebel@consolidated.net> Subject: Epperson, Moore To: geraldcollinslaw@yahoo.com Date: Tuesday, September 29, 2009, 3:13 PM Jerry, Mark wanted me to ask you the following two questions: Page 1 of 1 Epperson- Mark feels the case without surgery is getting too expensive. Are we able to negotiate a settlement so that we can avoid costly preparation for trial? There has not been a witness who saw Dale get injured. Moore- Will Ronnie Moore settle his case for $60,000? The case is not moving and needs to be removed from office. Jeremy K. Knaebel, Esquire McKENNA & ASSOCIATES, P.C. Suite 500 436 Boulevard of the Allies Pittsburgh, PA 15219 (412) 471-6226 (412) 471-6658 FAX http://us.mg4.inail.yahoo.com/dc/launch?.gx=1 &.rand=391 ggsm9blghm 6/13/2011 Print Page 1 of 1 From: Gerald Collins (geraldcollinslaw@yahoo.com) To: staceynybeck@yahoo.com; Date: Fri, June 10, 2011 12:36:15 PM Cc: Subject: Fw: Wood, Moore This is the email that was referring to the deps on your lower extremities and Mckenna just biew them off --- On Tue, 5111110, jeremy knaebel <jknaebel@consolidatednet> wrote: From: jeremy knaebel <@aebel@consolidated.net> Subject: Wood, Moore To: "'Gerald Collins"' <geraldcollinslaw@yahoo.com> Date: Tuesday, May 11, 2010,12:51 PM Jerry: Moore needs to call Mark or something needs to be decided. There is a deposition on Thursday and Mark said that we are not appearing. BWH will not reschedule. See if you can get Moore to call Mark. Jeremy K. Knaebel, Esquire McKENNA & ASSOCIATES, P.C. Suite 500 436 Boulevard of the Allies Pittsburgh, PA 15219 (412) 471-6226 (412) 471-6658 FAX http://us.mg4. nail.yahoo.com/dc/launch?.gx=1 &.rand=blt3ei2kkgji9 6/15/2011 McKENNA ASSOMILS A Professional Corporation 436 Boulevard of the Allies • Suite 500 • Pittsburgh, Pennsylvania . 15219-1314 Telephone (412) 471-6226 Facsimile (412) 471-6658 E-Mail: mcklawCconsolidated.net March 4, 2011 Mr. Ronald Moore 21 Thomas Drive Duncannon, PA 17020 RE: Ronald Moore v. Norfolk Southern Railway Comaany Dear Mr. Moore: This letter will confirm our telephone conversation of February 28, 2011 during which you confirmed that you had authorized our office to settle the underlying actions filed on your behalf for the sum of $60,000 with the execution of the Release, which will not include language referring to any claims for injuries to your legs. This letter will also confirm that our office was not retained to file any suits on your behalf with regard to any alleged claim for injuries to your shoulders and/or knees as a result of your employment with the Norfolk Southern Railroad. Very truly yours, cKENNA & ASSOCIATES, P.C. MARK F. McKENNA MFM: jlk WKE NNA AtTIOR1F:Y" AT 1. V A Professional Corporation 436 Boulevard of the Allies - Suite 500 - Pittsburgh, Pennsylvania - 15219-1314 Telephone (412) 471-6226 Facsimile (412) 471-6658 E-Mail: mcklaw@consolidated.net July 25, 2011 Mr. Ronald Moore 21 Thomas Drive Duncannon, PA 17020 RE: Ronald Moore v. Norfolk Southern Railway Company Court of Common Pleas of Cumberland County No.: 04-2497 Ronald Moore v. Norfolk Southern Railway Company Court of Common Pleas of Cumberland County No.: 08-824 Dear Mr. Moore: As you are aware, the complaint originally filed at 04-2497 related to injuries you suffered on June 5, 2001 to your back and neck. A copy of the verified complaint is enclosed. The complaint filed at 08-824 was for injuries to your lower extremities, hip pain, and knee pain. I have again enclosed a copy of the verified complaint. The release that was prepared by and sent to us by the defendants list the damages to your hips, knees, and all pal _radiatin d lower ext , any all osteoarth itis i;Medo w tremities and an and all knee ain. The release does not address the back or neck pain. he back and neck pain should be included in the release. Our letter to you of Octo er 10, 2010 was in error. 7_9 - e cause of action filed at 08-824 clearly involved the left knee. After reviewing the complaints and release, please contact me so that I am clear as to what objections you have with regard to the release other than its not addressing the shoulder and neck injury as pled in the 04-2497 complaint. After I receive a written es o_ se from ou. I will immediately contact the defen an s counse to address the inaccuracies in the release. Very truly yours, & SSOCIATES, P.C. MARK F. McKENNA MFM/dmb Enclosure RONALD J. MOORE, Plaintiff V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant RONALD J. MOORE, Plaintiff V. NORFOLK SOUTHERN RAILWAY COMPANY, et al., Defendants woo' Nke IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 04-2497 af2t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 08-0824 RULE TO SHOW CAUSE AND NOW, this 4th day of January 2012, upon review of Defendant's Motion to Enforce Settlement Agreement a Rule to Show Cause is issued upon Plaintiff Ronald 3. Moore to Show Cause why Defendant's Motion should not be granted. This Rule to Show Cause is returnable by 25 January 2012. By the Court, Tho s Placey C.P.J. C= Xm M r ? -<> - a.J 51:.. . Distribution List: Mark F. McKenna, Esquire McKenna & Associates 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 t1 Brian M. Mancos, Esquire Burns White, LLC Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 Craig J. Staudenmaier, Esquire Nauman, Smith, Shissler & Hall, LLP 200 North Third Street, 18th Floor P. 0. Box 840 Harrisburg, PA 17108-0840 mh pt IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, Plaintiff vs. NORFOLK SOUTHERN RAILWAY COMPANY, Individually and as a Successor-in-interest-or-liability to any other railroad, including CONSOLIDATED RAIL CORPORATION Defendant. CIVIL DIVISION C-) ? ?,-; rnw -n MF NO. 08-0824 o -<? r o0 t ?° r-71 C:) -.q JUDGE THOMAS PLACEY z o o c=7 TYPE OF PLEADING: -t. MOTION TO WTI DRAW AS COUNSEL FOR PLAINTIFF, RONALD J. MOORE FILED ON BEHALF OF: PLAINTIFF, RONALD J. MOORE COUNSEL OF RECORD FOR THIS PARTY: MARK F. McKENNA, ESQUIRE McKENNA & ASSOCIATES, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh PA 15219 (412) 471-6226 (412) 471-6658 (FAX) mmckenna gconsolidated.net IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, CIVIL, DIVISION Plaintiff, NO. 08-0824 vs. JUDGE THOMAS PLACEY NORFOLK SOUTHERN RAILWAY COMPANY, Individually and as a Successor-in-interest-or-liability to any other railroad, including CONSOLIDATED RAIL CORPORATION, Defendant. MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF AND NOW, comes Mark F. McKenna, Esquire and McKENNA & ASSOCIATES, P.C., and files the following Motion to Withdraw as Counsel for Plaintiff, Ronald J. Moore, and in support thereof, avers as follows: This Action was initiated by Plaintiff, Ronald J. Moore (hereinafter referred to as "Plaintiff'), on February 4, 2008 with the filing of a Complaint in Civil Action. 2. Petitioner, Mark F. McKenna, Esquire and McKENNA & ASSOCIATES, P.C. (hereinafter referred to as "Petitioner"), files this Motion to Withdraw as Counsel as a dispute has arisen as to whether Counsel was authorized to settle the above-captioned matter. 3. A Motion to Enforce Settlement was filed on December 6, 2011. 4. On December 16, 2011, January 6, 2012, and January 19, 2012, Petitioner advised the Plaintiff that he needed to retain other counsel to file a response to the Motion to Enforce Settlement. 5. Plaintiff has failed to retain other counsel or to contact Petitioner concerning his filing of a response to the Motion to Enforce Settlement. 6. As a result of the differences between Plaintiff and Petitioner, Petitioner is no longer able to represent Plaintiff s interests. VVIIEREFORE, Mark F. McKenna, Esquire and McKENNA & ASSOCIATES, P.C., respectfully request that this Honorable Court enter the attached Order of Court and allow Mark F. McKenna, Esquire and McKENNA & ASSOCIATES, P.C., to withdraw as counsel for Plaintiff, Ronald J. Moore. Respectfully submitted, A & ASSOCIATES, P.C. MARK F. McKENNA, ESQUIRE Attorneys for Plaintiff, Ronald J Moore CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion to Withdraw as Counsel for Plaintiff was forwarded via U. S. mail, postage prepaid, to the following on the 6t` day of February 2012: Craig J. Staudenmaier, Esquire NAUMAN SMITH SHISSLER & HALL, LLP 200 North Third Street, 18'h Floor P.O. Box 840 Harrisburg PA 17101 Brian M. Mancos, Esquire BURNS WHITE, LLC Four Northshore Center 106 Isabella Street Pittsburgh PA 15212 Ronald J. Moore 21 Thomas Drive Duncannon PA 17020 McKENNA & ASSOCIATES, P.C. f By: MARK F. MCKENNA, ESQUIRE Attorneys for Plaintiff, Ronald J. Moore .r RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANIA Plaintiff V. NO. 04-2497 c , :s NORFOLK SOUTHERN : CIVIL ACTION r RAILWAY COMPANY, Defendant -- r cY ` a RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-0824 NORFOLK SOUTHERN : CIVIL ACTION RAILWAY COMPANY, and CONSOLIDATED RAIL CORPORATION, Defendants ORDER AND NOW this day of Nfu' , 2012, upon consideration of the foregoing Motions of Mark F. McKenna, Esquire, to Withdraw as Counsel for Plaintiff in each of the above-captioned matters, and upon consideration of the Withdrawal of Norfolk Southern Railway Company and Consolidated Rail Corporation, Defendants, of their Responses in Opposition to said Motions to Withdraw and their Request for a further Order of this Court in these matters; IT IS HEREBY ORDERED as follows: (1) The Motions to Withdraw as Counsel for Plaintiff in the above-captioned matters filed by Mark F. McKenna, Esquire, are hereby GRANTED; (2) Plaintiff, Ronald J. Moore, shall have thirty (30) days from the date of this Order to obtain substitute counsel and to file a response to the Motion to Enforce Settlement Agreement and Motion to Make Rule Absolute previously filed by Norfolk Southern Railway Company Consolidated Rail Corporation in each of the above-captioned matters; (3) Should Plaintiff fail to obtain substitute counsel within the aforesaid thirty-day period and to file responses as ordered in subparagraph (2) above, the Motion to Make Rule Absolute of Norfolk Southern Railway Company and Consolidated Rail Corporation filed on February 6, 2012 shall be deemed GRANTED; and (4) Norfolk Southern Railway Company and Consolidated Rail Corporation, Defendants in each of the above-captioned actions are authorized to pay the agreed-upon settlement funds into Court into an account acceptable to the Prothonotary of Cumberland County in the amount of $60,000 representing the total combined settlement amount for both of the above-captioned actions, and upon payment of same shall be entitled, pursuant to this Order and upon the filing of an appropriate praecipe directing same to have the Prothonotary mark both of the above-captioned proceedings settled and discontinued with prejudice and shall have no further obligation for any payment to Plaintiff, Ronald J. Moore, in either of these actions. BY THE C Distribution List: Mark F. McKenna, Esquire McKenna & Associates 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 r Ronald J. Moore 21 Thomas Drive Duncannon, PA r/ Brian M. Mancos, Esquire Burns White, LLC Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 i/ Craig J. Staudenmaier, Esquire 17020 Nauman, Smith, Shissler & Hall, LLP 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, PA 17108-0840 coo" es il&a , l-ed d/a ql ,e'?L L RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANI A Plaintiff V. NO. 04-2497 ?. W NORFOLK SOUTHERN x :CIVIL ACTION =:;o -v ,;o M RAILWAY COMPANY r- -< te - ' `° C) r -:c --?ca Defendant - zca , cj; --i cn RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANI A Plaintiff 08-0824 NO V. . t/ NORFOLK SOUTHERN : CIVIL ACTION RAILWAY COMPANY, and CONSOLIDATED RAIL CORPORATION, Defendants WITHDRAWAL OF THE RESPONSES OF NORFOLK SOUTHERN RAILWAY COMPANY AND CONSOLIDATED RAIL CORPORATION, DEFENDANTS IN OPPOSITION TO THE MOTION OF MARK F. McKENNA, ESQUIRE, TO WITHDRAW AS COUNSEL FOR PLAINTIFF AND REQUEST FOR FURTHER ORDER OF COURT AND NOW comes NORFOLK SOUTHERN RAILWAY COMPANY, ("Norfolk Southern"), Defendant, by its counsel, NAUMAN, SMITH, SHISSLER & HALL, LLP, in action No. 04-2497 and NORFOLK SOUTHERN RAILWAY COMPANY ("Norfolk Southern") and CONSOLIDATED RAIL CORPORATION ("Conrail'), Defendants, by its counsel, BURNS WHITE, LLC., in action No. 08-0824, and files the following Withdrawal of their Responses in Opposition to the Motions of Mark F. McKenna, Esquire to Withdraw as Counsel for Plaintiff in the above-captioned matters and for a further order of Court in this matter, representing in support thereof the following: On or about February 8, 2011 Mark F. McKenna, Esquire filed a Motion to Withdraw as Counsel for Plaintiff in each of the above-captioned matters. 2. On February 14, 2012, Norfolk Southern and Conrail filed Responses in Opposition to Mr. McKenna's Motions to Withdraw as Counsel. 3. The above-captioned matters have been assigned to The Honorable Thomas A. Placey for disposition. 4. Norfolk Southern and Conrail hereby withdraw their previously filed Responses in Opposition to Mr. McKenna's Motion to Withdraw as Counsel for Plaintiff in each of the above actions. 5. In order that these matters may proceed in a timely and efficient manner, Norfolk Southern and Conrail request that the Court enter an Order permitting Mr. McKenna to withdraw as counsel for Plaintiff in this matter, allowing Plaintiff, Ronald J. Moore, thirty (30) days to obtain substitute counsel and/or file an appropriate response to the previously filed Motion to Enforce Settlement Agreement and Motion to Make Rule Absolute filed by Norfolk Southern and Conrail in the above-captioned matters on December 6, 2011 and February 6, 2012, respectively. Should Plaintiff fail to obtain substitute counsel and file a response, Defendants request that the Court proceed to enter an Order making its previously issued Rule of January 4, 2012 absolute granting the Motion to Enforce Settlement Agreement previously filed in each of the above actions. WHEREFORE, Norfolk Southern Railway Company and Consolidated Rail Corporation, Defendants: (1) hereby withdraw their opposition to the Motions of Mark F. McKenna, Esquire to withdraw as counsel for Plaintiff in the above-captioned matters; and (2) move this Court for the entry of an Order (a) permitting Mark F. McKenna, Esquire to withdraw as counsel for Plaintiff in the above-captioned matters, (b) giving Plaintiff, Ronald Moore, thirty (30) days to obtain substitute counsel and to file a response to the Motion to Enforce Settlement Agreement and Motion to Make Rule Absolute previously filed by Norfolk Southern Railway Company and Consolidated Rail Corporation in the above-captioned matters, and (c) that if Plaintiff fails to obtain substitute counsel and file a response as set forth above within the said thirty (30) days that the Court grant the Motion to Make Rule Absolute filed February 6, 2012 thereby granting the Motion to Enforce Settlement Agreement previously filed on December 6, 2011 as to both of the above-captioned matters. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J uderimaier, Esquire Suprem ourt ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18th Floor. P. O. Box 840 Harrisburg, PA 17108-0840 Counsel for Norfolk Southern Railway Company, Defendant BURNS WHITE LLC By: ?" ?% lv?' 1i Brian M. Mancos, E quire Supreme Court ID #89720 Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 Counsel for Norfolk Southern Railway Company and Consolidated Rail Corporation, Defendants Date: April 18, 2012 CERTIFICATE OF SERVICE I, JUDY A. IMES, hereby certify that a true and correct copy of the within Withdrawal of the Response of Norfolk Southern Railway Company, Defendant in Opposition to the Motion of Mark F. McKenna, Esquire, to Withdraw as Counsel for Plaintiff has been served by first class, U.S. mail, postage prepaid, upon the following: Mark F. McKenna, Esquire McKenna & Associates 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 Ronald J. Moore 21 Thomas Drive Duncannon, PA 17020 i Judy .Im Date: April 18, 2012 r RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 04-2497 NORFOLK SOUTHERN : CIVIL ACTION -: RAILWAY COMPANY, Defendants ° RONALD J. MOORE, : IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLV ANIA Plaintiff V. NO. 08-0824 NORFOLK SOUTHERN : CIVIL ACTION RAILWAY COMPANY, et al Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF DAUPHIN: I, CRAIG J. STAUDENMAIER, ESQUIRE, attorney with the firm of Nauman, Smith, Shissler & Hall, LLP, being duly sworn according to law, depose and say the following: On April 27, 2012, I forwarded to Ronald J. Moore, Plaintiff in the above matter, a true and correct copy of the Order of Judge Thorns A. Placey, entered April 23, 2012 in each of the above- captioned actions, by certified mail, return receipt requested. See copy of the transmittal letter and receipt for certified mail No. 701 1 0470 0002 7992 04366, attached hereto and marked Exhibit "A- 1" and "A-2" respectively. Ronald J. Moore received delivery of the aforesaid document, through his agent, Nancy Moore, on April 28, 2012, as evidenced by the signed, certified mail receipt attached hereto and marked Exhibit "B". Also attached is the Certificate of Mailing, marked Exhibit "C", indicating that the same letter and Order were mailed on April 27, 2012 from the Federal Station of the U.S. Post Office and they have not, as of the date below, been returned as undeliverable or otherwise. NAUMAN, SMITH, SHISSLER & HALL, LLP BY Crai taudenmaier, Esquire Suprem Court ID#34996 200 North Third Street P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company/ Consolidated Rail Corporation Sworn and sub cribed to before me is .d,, day of 2012. 4::??Notary Public COMMONWF,ALTH OF PEWSYLVANLA My Commission Expires: NOTARIAL SEAL. Jeannette Chelgren, Notary Public City of Harrisburg, Dauphin County expires 15, 2013 • Attorneys At Lacer Please reply to: P. O. Box 840 Harrisburg, PA 17108-0840 Craig J. Staudenmaier cjstaud ,nssh.com (717) 236-3010, Ext. 22 April 27, 2012 Ronald J. Moore 21 Thomas Drive Duncannon, PA 17020 Certificate of Mailing. and Certified Mail, Return Receipt Requested RE: Ronald J. Moore v. Norfolk Southern Railway Company No. 04-2497 Civil, Cumberland County CCP and 08-0824 Civil, Cumberland County CCP NS #04002425; NSSH #14434 Dear Mr. Moore: As you are aware, we represent Norfolk Southern Railway Company/Consolidated Rail Corporation in actions that you brought in the Court of Common Pleas of Cumberland County, docketed to No. 04-2497 and 08-0824 involving claims under the Federal Employers' Liability Act ("FELA"). Enclosed is a copy of an Order of Judge Thomas A. Placey entered April 23, 2012 in each action granting the Motions of your counsel, Mark McKenna, Esquire, to withdraw as your counsel in both proceedings. In addition, that Order gives you thirty (30) days from the date of the Order, or until May 23, 2012 to retain substitute counsel and file responses to the Motions filed by the Defendants referred to in paragraph (2) of the Order. Should you fail to retain counsel and have that counsel file responses by May 23, 2012, the Motion to Enforce the Settlement Agreement between you and Norfolk Southern Railway Company/Consolidated Rail Corporation which is the subject of the Motion to Enforce Settlement Agreement and Motion to Make Rule Absolute referred to in paragraph (2) will be deemed granted by the Court thus ending your suits upon payment of the agreed upon settlement amount of $60,000 into Court. You should take this paper to an attorney of your choosing as soon as possible. The address and telephone number for the Cumberland County Lawyer Referral Service is set forth below: EXHIBIT Superior analysis. Effective solutions. Since 1871 Nauman Smith Shissler & Hall. LLP • 200 Nonh 3rd street. 18th Floor • Harrisburg. PA 17101 • 717.236.3010 • far: 71 Ronald J. Moore April 27, 2012 Page 2 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Sincerely yours, Brian M. Mancos Sincerely yours, Cr4*g. taude=aier CJS/jai Enclosure .0 _n m S N Q' I' r- ru 0 0 0 C3 r 0 r-q rq 0 N EXHIBR -k- L- I UU ¦ Comps items 1, 2, and 3. Also COMPiete item 4 if Restricted Delltrery is desired. -4 ¦ Print your name and address On the reverse so that we can return the card to you. : ¦ Attach this card to the back of the mailpiece, or on the front It space permits. 1. Article Add to: plono-ACL . Mpor?. p?,?t n ?nen, ?A 11©do a X B. by Name) C. D. is denvay dilferentfrom item 1? ? Yes M YES, water delivery address below: TNO 3. SWVICO TYPO 015'rtllied maii ?Epress [3 Ragaeed 8a /Reium F ? Insured Man ? C.OA. 4. Restricted D*Jsryt (Extra Fee) ssee' very for Merchandise ? Yes 2. _kfic"u'nber 7311 0470 2002 7992 4366 (r?arr *r from service iat* PS Form 3811, February 2004 Dorrrestic Return ReaW e--Ts 02595o2 M tsa EXHIBIT U.S. POSTAL SERVICE ERTIFI ATE F M ILIN M4Y BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N= PROVIDE FOR INSURANCE-POSTMASTER Received From: w , 7- 02 1P ?• 0038813 'O O N. 3f'0?- ' > I MAILED FRO W11-re-o% ?A I-11o i One piece of o inary mail addressed o0 I T?1om(i s t7. rI V 2 _lj 1'o6 XL,(ln0n .,;b r10ao _ PS Form 3817, Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of 0 ? to 012 b APR Y IPCO 1 01 m O? ?V, EXHIBIT C RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANI A Plaintiff V. NO. 08-0824 o y - NORFOLK SOUTHERN : CIVIL ACTION ur t 6 RAILWAY COMPANY and r- CONSOLIDATED RAIL r .? CORPORATION r, .,.. '' ' Defendants - PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Having paid into Court the total and full settlement amount of Sixty Thousand Dollars ($60,000.00) minus a Railroad Retirement Board lien of $6,025.00 and a Unum Provident lien of $10,582.25 for a net amount of $43,392.14, into an account acceptable to the Prothonotary pursuant to the Court's Order of April 23, 2012, please mark the above-captioned proceeding settled and discontinued with prejudice. BURNS WHITE LLC By: Brian M. Mancos, Esqu re Supreme Court ID# 89720 Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 Counsel for Defendants, Norfolk Southern Railway Company and Consolidated Rail Corporation Date: July 2, 2012 CERTIFICATE OF SERVICE I, JUDY A. IMES, an employee of the law firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that a true and correct copy of the within Praecipe for Discontinuance has been served via 1st Class, U.S. mail, postage prepaid, upon the following: Mark F. McKenna, Esquire McKenna & Associates 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 Ronald J. Moore 21 Thomas Drive Duncannon, PA 17020 f ` Judy.A. Imp Date: July 2, 2012 c 12 JUL -5 PM 12: 16 CUMKRLANO COUNT)' PENNSYLVANIA _ tom, lid ' oV o Q D ¦¦ ?Nf1l (n w b =Z rJ `? C? Cf) U-1 D :o O m O r u m C :0 1RZw D m o+, o = r ?, r 1 o Fu - ? o ? I I v Q W CO ? t1 W co Natuna djh .attorneys A I Lary Please reply to: P. O. Box 840 Craig J. Staudenmaier Harrisburg, PA 17108-0840 cjstaud@nssh.com (717) 236-3010, Ext. 22 July 2, 2012 Prothonotary of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Ronald J. Moore, Plaintiff v. Norfolk Southern Railway Company No. 04-2497 Civil Ronald J. Moore v. Norfolk Southern Railway Company, et al No. 08-0824 Civil Dear Sir/Madame: In accordance with Judge Placey's Order of April 23, 2012, enclosed please find our office check in the amount of $43,392.15 representing the total combined settlement amount for both of the above-captioned actions, 04-2497 and 08-0824 of $60,000.00, minus the deduction of liens payable to third parties as indicated. Also enclosed are the original and two copies of two praecipes for filing in each of the above-captioned matters to mark the matters settled and discontinued with prejudice. A copy of Judge Placey's Order of April 23, 2012 is also enclosed as information. Please timestamp all, retaining the originals and copies for filing purposes and returning at least one (1) timestamped copy of each document to the undersigned in the self-addressed, stamped envelope enclosed for your convenience. If you have any questions, please don't hesitate to contact my office. C?. ?? CJS/jai Enclosures cc: Ronald J. Moore, w/encs. Mark F. McKenna, Esquire, w/encs. Brian M. Mancos, Esquire, w/encs. Sincerely yours, X Cra V? aperior anaIysis. Effective solutions. Since 1 87 1 Nauman Smith Shissler & Nall. UP a 200 North 3rd Street. 18th Floor • Harrisburg. Pa 17101 a 717.236.3010 e fa<: -717.?3=4.1925 a www-nssh.com 51 s J N o . ry - c o - ro ; x F 4-1 CD Q _ Q'i _ Ul r.3 s _ m 4 ?s R• ? - _ - W J L Z 10 J 6 F ra ? RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date 7/06/2012 Receipt Time 6:56:46 Receipt No. 277603 MOORE RONALD J 21 THOMAS DRIVE DUNCANNON, PA 17020 MOORE RONALD J (vs) NORFOLK SOUTHERN RAILWAY CO Case Number 2004-02497 Received of DEP INTO MIDPENN BANK 7-5-12 ACCT #17003708 PAYEE 3978 Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ .00 43,392.15 .00 $43,392.15 ------------------------- Distribution Of Payment ------------------------------ Transaction Description Payment Amount BOND 43,392.15 17003708 - 10-9999 $43,392.15 ,` ~- i? Ronald .f Moore, Plaintiff v. Norfolk Southern Railway Company Defendant Ronald J Moore, Plaintiff v. Norfolk Southern Railway Company a~.nd Consolidated Rail Cor)~oration, Defendants In the Court of Common. Pleas -- ~.__ ,_ Cumberland County, Pennsylvania=~ ,- - -, :~ No 04-2497 - °~' `~ -_; . Civil Action - - ~. -: In the Court of Common Pleas Cumberland County, Pennsylvania ~r No 08-0824 / Civil Action ORDER AI\D NOW, this ~__ day of October, 2012, upon consideration of the foregoin;~ Plaintiffs Motion to Release $43,392.15 Settlement Fund; IT IS HEREBY ORDERED that the :Prothonotary is directed to and shall issue the balance of tlae settlement fund to Plaintiff upon ~eniry hereof. BY THE~CC)~JRT~ ~~ Thomas ~. Placed C.P.1. / ' ~p ~ RONALD J. MOORE, Plaintiff v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant RONALD J. MOORE, Plaintiff v. NORFOLK SOUTHERN RAILWAY COMPANY, AND CONSOLIDATED RAIL CORPORATION, Defendants oE~epp~~ ~~ IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2004-2497 CIVIL TERM c~~~~~~ IN THE CC-URT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT /,,, 2008-0824 GIVIL. TERM V IN RE: PLAINTIFF'S MOTION TO RELEASE $43,392.15 SETTLEMENT FUND ORDER OF COURT AND NOW, this 18th day of October 2012, upon consideration of Plaintiff's Motion to Release $43,392.15 Settlement Fund, which the court granted in a 16 October 2012 Order of Court, that was followed by a facsimile letter of Mark,. F McKenna, Esquire, received 17 October 2012, requesting an opportunity to file a response in opposition to this Motion, and was prior to the distribution of the funds by the Prothonotary, the 16 October 2012 Order of Court is hereby VACATED.. A Rule to show cause why Plaintiff's Motion to Release should not be granted is hereby issued to Mark F. McKenna. Esquire. This Rule is returnable 26 October 2012, in the Prothonotary Office, Cumberland County Courthouses, Carlisle, Pennsylvania. The Prothonotary is instructed to re-deposit the monies. c Distribution List: ~,~0(ark F. McKenna, Esquire McKenna & Associates 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 ~rian M. Mancos, Esquire "Burns White, LLC Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 ~aig J. Staudenmaier, Esquire Nauman, Smith, Shissler & Hall, LLP 200 North Third Street, 18t" Floor P. O. Box 840 Harrisburg, PA 17108-0840 s/Ronald J. Moore 21 Thomas Drive Duncannon, PA 17020 ~ames A. Miller, Esquire Miller Lipsitt, LLC 4 S. 17t" Street Camp Hill, PA 17011 By the Cou__ rtj„_____.__.___ --~'"`/_ ice/ Thomas PI ey C.P.J. ~i~ _ ~ -; _:. .L* mh Z W 0 s G y V :J c3 !] '.'S C 3 0 c .D 1 Ci J ~ ~ G ~ .~ s G T 3 E ~' . _ '- G W 'J. . . O n ~ = ~ ~ s ~ C u ~ C o00 ~~ o .~ E v F:. L ;> C ~- r E" c W d r: O ~7 :~•'~ .` r ~~.1 ~; u• M~ '~la -i ~~ } ~~ LL: a~ ~° -° E ~~ ~c ~{ `~. ,..~ 1----- ~ , G ti,, , J ~ ,j ` -- '--- c~ ~!~ -~ , L ~..i 9J ~~~~- h_~ 1 ~ ~~ u ~ '~ ~,: 3 =; ~ ~-- '~. ~-~ ~ ~ ~~ ~ c ~ L r ~ -~' ~':' R~ ~ ~ _ y-` `~ ~ ~ { f ' ~~ r I \Y~~ 1 ~ 1 o- 1 __ ~ ~= ~ ~~ -~~ } ~ ! 1~("1 J ~, ~.. y "~-.F ~ ~. ~~ IN TH:E COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT (CUMBERLAND COUNTY, PENNS~r'LVA.NIA) RONALD J, MOORS. CIVIL DIVISION Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY, Individually and as a Successor-in-interest-or-liability to any other railroad, including CONSOLIDATED RAIL CORPORA"TION. Defendants. CASE NO. 2004-2497 CIVIL TERM CASE NO. 2008-0824 CIVIL "I~ERM JUDGE THOMAS A. PLACE;Y TYPE OF PLEADING: RESPONSE IN OPPOSITION TO PL.AINTIFF'S MOTION TO RELEASE $43,392.15 SETTLEMENT FUND AND MOTION ASSERTING CHARGING LIEN FILED ON BEHALF OF: PETITIONERS, MARK F. McKENNA AND McKENNA & ASSOCIATES, P.C. COUNSEL OF RECORD FOF`. ~hHIS PARTY: MARK F. MCKENNA, ESQUIRE PAID # 30297 McKENNA & A.SSOCIA"rES. P.t '. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 mmckenna~.consolidated.net (412) 47] -6226 (412) 47]-6658 1~AX 1N THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT (CUMBERLAND COUNTY, PENNSYLVANIA) RONALD .I, MOORS. CASE NO. 2004-2497 C[V [I: "1~ERM Plaintiff. CASE NO. 2008-0824 CIV[I, "If~ERM ~. NORFOLK SOUTHERN RAILWAY COMPANY, Individually and as a Sucessor-in-interest-or-liability to any other railroad, including CONSOLIDATED RAIL CORPORATION, RESPONSE IN OPPOSITION TO MOTION TO RELEASE $43,392.15 SETTLEMENT FUND AND MOTION ASSERTING CHARGING LIEN AND NOW come the Petitioners, Mark F. McKenna, Esquire and 1~icKFNNA & ASSOCIA"['F,S. P.C., and file the following Response in Opposition to Motion to Release $43.392.15 Settlement Fund and Motion Asserting Charging Lien, and in support tkrereof, aver as follo~~~s: RESPONSE IN OPPOSITION TO MOTION TO RELEASE $43„392.1 S SETTLEMENT Fl_rND 1. This Honorable Court's Order dated April 23, 2012 speaks for itself and no further response is required. 13y way of further answer, Petitioners incorporate~~s in its entirety., as though set forth herein at length. their Motion Asserting Charging Lien. '. Admitted. By way of further answer. Petitioners forwarded Plaintiff correspondence dated December 16, 2011, January 6, 2012, January 19, 2012, Februar)~ 6, 2012, February 27, 2012 and March 9, 201 ?, advising Plaintiff of the pending Motion to Enforce and recommending that he secure re~~lacement counsel to present his position to the Court. (Petitioner will provide copies of the afore-identified correspondence for review in camera if requested s~o as not to waive Plaintiff's claims of attorney-client privilege.) 3. Admitted. 4. Admitted. 5. After .reasonable investigation, Petitioners are unable to ascertain the truth or falsity of the averrrients within Paragraph 5 of Plaintiff's Motion to Release $43,392.15 Settlrwment Funds. 6. Denied. As more fully set forth within its Motion Asserting l:'harging Lien, Petitioners are entitled to legal fees equal to 25% of the gross settlement under the Contingency Fee Agreement in place and are entitled to reimbursement of those legal costs incurred in the pursuit of Plaintiff's claims. Vl,'HEREFOR_E, Petitioners respectfully requests that this Honorable Court deny Plaintiff's Motion to Release $43,392.15 Settlement Fund and order distribution Hof the Settlement Proceeds in accordance with the relief requested in Petitioners' Motion Asserting Charging Lien. MOTION ASSERTING CHARGING LIEN Petitioners and Collins & Collins, Esquire were retained. to represent Plaintiff. Ronald J. Moore in connection with those injuries sustained by him on June 5, 2001 while he was employed as an electrician with Norfolk Southern Railway Company, for which Petitioners tiled suit on behalf of PlaintiH~. ?. Petitioners also filed suit on behalf of Plaintiff for injuries allegedl~~ sustained by Plaintiff due to workang conditions on the railroad. 3. Both matters were consolidated. ~. Following the completion of various disco~~ery proceedings, including t!he completion of Plaintiff` s deposition, settlement discussions occurred, which discussions resulted iin a settlement offer cif $60,000. j. Petitioners communicated the settlement offer to Plaintiff, and Plaintiff accepted the settlement offer, which acceptance was communicated to counsel for Norfolk Southern. 6. A dispute arose among Petitioners, Plaintiff and the Norfolk Southern st.trrounding the settlemenn of the aforementioned action for the sum of $60,000. ?. As a result of the dispute. Norfolk Southern filed a Motion to F~ntarce Settlement Agreement and Motion to Make Rule Absolute. R. Despite Petitioners' repeated recommendations through correspondence dated December 16, 201 1, .Ianuary 6, 2012, January 19, 2012, February 6, 1012, February ~?, 2012 and March 9. 2012 that Plaintiff seek other counsel to address the issue raised in Norfolk Southern's Motion to [enforce and this Court's Order dated April 23. 2011, Plaintiff took no ,action to retain alternative counsel. 9. Norfolk Southern has paid the sum of $4.3,392.15 into Court. 10. Petitioner's fee agreement was for 25% of any gross recovery, plus I~~itigation costs. (Plaintiff is in possession of a copy of the Contingency Fee Agreement he executed.- Accordingly, Petitioner is owed $15.000 in legal fees and has outstanding legal costs of $1.327.`~'~. to true and correct copy of Petitioner's Statement of Costs is attached hereto as Exhibit A.) I "I~he amount. deposited by Norfolk Southern reflects the settlement amount of $60,000 less the Railroad Retirement Board lien owed by Plaintiff. 1 1. The actual time expended by Petitioners in the pursuit of Plaintift ~ s clai ms generated legal fees in excess of those recoverable under the 25% Contingency Fee Agreement, l 2. W ith the Rule becoming absolute, Petitioner is entit ed to recover its attot~neys' fees in the amount of $15,000 and costs in the amount of $1,327.59. resulting in a distribution of the proceeds filed with the Cumberland County Prothonotar~~ as follows: a. To Plaintiff, Ronald .1. Moore - $27.064.56 h. To Petitioners, Mark F. McKenna, Esquire and McKenna & Associates, P.C. - $ l 6,327.59 W~~E?REFORE, Mark F. McKenna. Esquire and McKENNA & ASSOC'IAT'ES, P.C., respectfully request that this Honorable Court enter the attached Order of Court relea,~,ing the funds on deposit with the Cumberland County Prothonotary's Office to Ronald J. Moore in the amount of $27.064.56 and to McKenna & Associates, P.C. in the amount of $16..327.59. Respectfully submitted Mc1KENNA & ASSOCIATES, P.C. `~ ~ ;. ._ BY: MARK F. McKI:NNA, ESQLr1RF Peti7ioner~ i;; ~; .: So t : ~?c- ,,. ;e ~~. ,~ - - 1F~1 ~at~~gory: 1 rsoa< 1 .-.j~.iry -+a;~ n ~ ep~~. ._~~ Rat~_= ode: 1 raft.: 0 ~),~;ll i~in _,~ ~~_ ^<i' _ .. k2~c: r. cni Sete O~e,,1: 0- _ 14 H r: ~.~~ ~ T R.ef # Rae Hours .'Jnosn+ u~; ~~^ _ crptic~'. =csez _ _ ~~~.. ~) C]~f." h t - ~ ~ ...., ~ O1 ~ , e P1E. __ M E!d 9E . . !/ is--,~ ~).:: "~1"~I _!/??i ~~ ~ [4 FbS ., . ., _ '~ bl F' ; -, .. ,_ P4Ei~] ~: ~~~~i~~,:. ~ r~~F-~ 3i~ ,~ .. _ ~, _..:,5 ,._ _ „, ,'~E _ h;c--~ ~:3~r~_ ~ rsc'. ~ ~ ~.,,r~;, 1 riF". - •.7-'' _, F'4 _; i 1; .,~F;~ ''i0c l:, i P7 Eh" /C6!17 1 hiFid ~ ~'0.'1_ ~ [n E~'' 1 ~'F"' ~ ~aF 1: ..,.. b1:. uF'. 79:'::y'l~i _ vF_,r ._...h_ Exp enses Advances 1~i Zts%C.; ~ ..... _ J6iC2 0; E~~~ 7n/C3;'04 ~ EJ" _ i ~2 ,' O c 1 M Fh". _. _ ~c 1 ftC[r ~i i ~'! L h F M X 2; 2 8" 0" M '.'. .., _a. t F,.iv a r:: es 8 9 10 13 14 17 18 20 21 22 23 24 26 2? ~a 25 29 30 31 32 33 34 36 35 3i 38 39 40 41 42 43 44 45 46 47 98 4 7 -; _ E 11 7' i2 r. 1 16 1 c. _.40 i ..5 0.58 .Oc 3. 4:a 2. 6~ 1.65 9 0.41 2.06 3.3;1 i~.50 _.9y rz.6c C.SE 1.21. 0.2C c0. ~.~~ 0.4! 0.44 17.42 1.10 1.1G 1.10 1.90 o.as 0.4~~ 0.45 0.4`_; 0.65 1.30 L . ': 5 ~. 4.i 1'85.5: t00.OG ~5.5:i 55.50 442.58 18. SC 250.00 J0. ~[r tD.OC~ 100.00 11:2.08 EXHIBIT 1404.1;0 -.age Charges cage '.~harges ;rage C't arges *_age barges P.~stage :;barges P,;atage Ctarges P:'.-~tage Ctarges Eti,stage Charges P,:tage ~ argas Postage Ctarges P,>stag2 Ctarges P>sCage Ctarges Postage ^targes s~ellaneous Pt~ot<, ._, Postage Ctarges P~-.age ~targes Postage ~targes v~cella~ECUS PhoCC ;_scellaneous Photc O~erniot' [4ai 1 - FF ~ ~ "'rr r -'_a:~d Coanty C~~~rthouse _'~st.age ^b.arges P~st.age t .arges P ;sc:age Chaarges 1-axis Research) FE r- F~stage ~harges Patage Charges F~st:age Charges Patag=~ ~harges Postage Charges Postage charges ~.s:_age Charges :cage Charges :;sr:age ~~harges _ ,zage ;t~_rges ..:?.age ~!?argts ,' age. <,rges Eii_ng Fee - Cumber:a~,~ _. ,~ Sheriff - serve of c.cmplaint Filing Fee - Cumber~aa, ...~ ~ ?rothonotary Filing Fa=~ - ..o Protb_; ;ry cE Cumberland Counc~l C u_t Reporter_ Fee -~ -. .. + LcLUCas Reporting .._.~~ice, :ric F_1:~.ng Fer~ Cumber:.:.. - , .-. Prothonofary .~_ing Fer~ - Camber Lan. . . _^'y Sheriff Filing F = - !'umberian, . . .. Sheriff Filing E _ - Cumber]ar. ~,. Prothonotary Ei1~na E _ - Cambe~~,__ .... Sheriff CERTIFICATE OF SERVICE The undersigned herein certifies that a true and correct copy of the foregoing Response in Opposition to Motion to Release $43,392.15 Settlement Fund and Motion Asserting ~,:"barging Lien was forwarded by U.~~. First-Class mail, postage prepaid., to the following this 25`x' day of October, 2012. .fames A. Miller, Esquire 4 Soutb 17r" street Camp Hill, PA 17011 Respectfully submitted McKENNA & ASSOCIATES, P.C. ~ .: ,_: r/ _ , pr. ~,,~ v ~._ ..--.._ -___-- --~,, - -- M~.RK F. McKF:NNA, F,SQt;pRE. Pell/loner RONALD J. MOORE, Plaintiff v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant RONALD J. MOOF;E, Plaintiff v. ~ ~~~~~~ IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2004-2497 CIVIL_ TERM ~~°~~~y~ IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT RAIL CORPORATION, ~ Defendants 2008-0824 CIVIL. TERM IN RE: MOTION TO RELEASE $43,392.15 SETTLEMENT FUND AND RESPONSE IN OPPOSITION TO THE MOTION TO RELEASE $43,392.15 SETTLEMENT FUND AND MOTION ASSERTING CHARGING LIEN NORFOLK SOUTHERN RAILWAY COMPANY, AND CONSOLIDATED ORDER OF COURT AND NOW, this 1St day of November 2012, upon consideration of Plaintiff's Motion to Release :$43,392.15 Settlement Fund and Mark F. McKenna, Esct.'s Response in Opposition to the Motion to Release $43,392.15 Settlement Fund and Motion Asserting Charging Lien, ARGUMENT on the issues raised in the Motion and Response shall be heard 20 December 2012 at 1:30 p.m. in Courtroom Number Six Cumberland County Courthouse, Carlisle, Pennsylvania. All parties intending to participate in the above-scheduled argument shall file a brief FIVE (5) DAYS prior to argument, outlining their position on all outstanding issues i ) h.) (",~ . raised by the Motion and Response. `ate ~ '~ "' ~T ' 1~ ~ ® •c rte-- ~_. ' ~~ ~ ~ ~" ~ ~c {~ ~ ~ ~• ~ ~ ~ -~~ c-~ ~,. C w r, _; tT'r =~ cn ~: - --< BY THE CQLIBT7------__ ~, ~ '~ 1 I --' lacey C.P.J Distribution List: ,/ Mark F. McKenna, Esquire McKenna & Associates 436 Boulevard of the Allies, Suite 500 Pittsburgh. PA 15219 .~ Brian M. Mancos, E=squire Burns White, LLC Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 ~ Craig J. Staudenmaier, Esquire Nauman, Smith, Shissler & Hall, l_LP 200 North Third Street, 18t" Floor P. O Box 840 Harrisburg; PA 17108-0840 ,/ Ronald J. Moore 21 Thomas Drive Duncannon, PA 17020 James A. Miller, Esquire .~ Miller Lipsitt, LLC 4 S. 17t" Street Camp Hill, PA 170'11 a~(~~ o ~~ M P l~ , ~~a ~~ 7 al 12.'1?; '?81'? 03: 20 4124716658 MCKENNA PAGE P Ronald J Moore, Plaintiff V, Norfolk Southern Railway Company Defendant Ronald J Moore, Plaintiff V, Norfolk Southern Railway Company and Consolidated Rail. Corporation, Defendants In the Court of Common Pleas Cumberland County, Pennsylvania No 04-2497 Civil Action r, In. the Court of Common Pleas < Cumberland County, Pennsylva4--; Nop-0824 Civil Action STIPULATION f-n f,=t ' NOW CpMR, plaintiff, Ronald J. Moore, and McKenna & Associates, P.C. and Mark to issue F. McKenna, and respectfully request that your Honorable Court direct the Prothonotary from the Settlement Fund a check payable to McKenna & Associates, P.C. for $1327.59 and the balance payable to Plaintiff, Ronald J. Moore. WITNESS: Ronald J M KENNA &. ASSOCIATES, P.C. MARK F - MCKENNA, ESQUIRE L