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HomeMy WebLinkAbout04-2497IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, CIVIL ACTION Plaintiff, NO. 0`f- a4, 7 vs. NORFOLK SOUTHERN RAILWAY TYPE OF PLEADING: COMPANY, COMPLAINT IN CIVIL ACTION Defendant. FILED ON BEHALF OF: PLAINTIFF JURY TRIAL DEMANDED. COUNSEL OF RECORD FOR THIS PARTY: JOSEPH A. COLLINS, ESQUIRE PA I.D. #58970 McKENNA & CHIODO, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 412-471-6226 RONALD J. MOORE, Plaintiff v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant RONALD J. MOORE, Plaintiff v. NORFOLK SOUTHERN RAILWAY COMPANY, et al., Defendants Www4q% "12t W000000% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 04-2497 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, Thos Placey C.P.J. Ci G N C? 'T? -o -<A r. :U CD CD I r-= A- CD )>n ch Distribution List: Mark F. McKenna, Esquire McKenna & Associates 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 i/ 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 Cl)p<C5 rAa.jed Il ?f?la IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION RONALD J. MOORE, NO. 0+,tf f 0,J11 Plaintiff, Vs. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. 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 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 OR KNOW A LAWYER THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE The Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 RONALD J. MOORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2497 V. CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NORFOLK SOUTHERN RAILWAY Co:MPANY'S CERTIFICATE PREREQUISITE To SERVICE OF A SUBPOENA PURSUANT To RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Norfolk Southern Railway Company, Defendant, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) Opposing Counsel has no objections to the attached subpoena and has agreed to waive the twenty (20) day waiting period, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve subpoena. NAUMAN, SMITH, SHISSLER & HALL, LLP By:1 Craig J. an enmaier, Esquire Supreme/ ourt I.D. #34996 200 North Third Street P. O. Box. 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Dated: July 1, 2005 Defendant RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have this 1st day of July, 2005, served a copy of the foregoing "Certificate Prerequisite to Service of Subpoena" upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Daniel G. O'Connell, Paralegal COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONALD J. MOORE Plaintiff, vs NORFOLK SOUTHERN RAILWAY COMPANY Defendant. File NO. 04-2497 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Alan D. Roumm, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Please see attached Addendum "A" at 200 North Third Street, 18th Floor, P.O. Box 840, Harrisburg, PA 17108-0840 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NameCraig J. Staudenmaier, Esquire Address: 200 North Third Street, 18th Floor P.O. Box 840, Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Supreme Court ID # 34996 Attorney For. Norfolk Southern Railway Date: J ? 36 ?nvs Se I of the Court BYTHE OURT Prothonotary/Clerk, Civ' ision ??t? Deputy (Eff. 7/97) RETURN OF SERVICE On the 1st day of July 2005 A.D., I, Daniel G. O'Connell, served Alan D. Roumm, M. D. with the foregoing subpoena by xagmknmiWt,f Certified Mail - Return Receipt Requested I verify that the statements in this return of service are true and correct. I understand that falSC StatCiaaCntS hCrCin arc iTiadC Siib]CCt to ti7C penalties of iv PA u.? A y 4`?Vi rciating to unsworn falsification to authorities. DATE: July 1, zoos Signature RONALD J. MOORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NORFOLK SOUTHERN NO, 04-2497 RAILWAY COMPANY, Defendant Subpoena directed to: Alan D. Roumm, M.D. 650 Poplar Church Road Camp Hill, PA 17011 ADDENDUM "A" You are commanded to produce and permit inspection and copying of the following documents or objects at the place, date and time specified on page 1 of the SUBPOENA: Any and all records in the possession or under the control of the deponent relative to treatments and services rendered to RONALD J. MOORE; DOB: 08113/1950, SSN:109-44-0365 including but not limited to all medical, hospital, psychological, mental health and/or drug and alcohol records, including but not limited to, bills/invoices, office notes, records and memoranda, results of diagnostic tests, notes of treatment and services rendered, MMPI testing, x-ray interpretation reports and interpretive reports resulting from any other imaging technique utilized and medical reports to be used for the purposes of discovery or for use at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES OF THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS IS EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO THE UNDERSIGNED PRIOR TO THE ABOVE DATE. RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 V. CIVIL. ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Railway Company intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. NAUMAN, SMITH, SHISSLER & HALL, LLP By: -? Craig J taudenmaler, Esquire Supre a Court I.D. #34996 200 North Third Street, P. O. Box 840 Harrisburg, PA 171013-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant Date: July 1, 2005 CERTIFICATE OF SERVICE I hereby certify that I have this 1 st day of July, 2005 served a copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Daniel G. O'Connell, Paralegal ? ? c> u, r` ?,?,' ,:? ?, act :; ??-? n Wit. ?? ?; ? c;? `?=' ?_ ? x? ??? ,? RONALD J. MOORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2497 V. CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NORFOLK SOUTHERN RAILWAY COMPANY'S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22; As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Norfolk Southern Railway Company, Defendant, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) Opposing Counsel has no objections to the attached subpoena and has agreed to waive the twenty (20) day waiting period, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve subpoena. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig Staudenmaier, Esquire Supre a Court I.D. #34996 200 North Third Street P. O. Box. 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Dated: July 1, 2005 Defendant RONALD J. MOORE Plaintiff, vs NORFOLK SOUTHERN RAILWAY COMPANY Defendant. File No. 04-2497 SUBPOENA TO PRODUCE DOCUMENT'S OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Mohan Charan, M.D./Pennsylvania Gastroenterology Consultants (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Please see attached Addendum "A" at 200 North Third Street, 18th Floor, P.O. Box 840, Harrisburg, PA 17108-0840 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Craig J. Staudenmaier, Esquire Address: 200 North Third Street, 18th Floor P.O. Box 840, Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Supreme Court ID # 34996 Attorney For: Norfolk Southern Railway Company Date: ?/V i .t?F_ .20 ` Sal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BY THE COURT: Prothonota (Eff. 7/97) RETURN OF SERVICE On the t st day of July 2005 A.D., I, Daniel G. O'Connell, servee"' Charan, M.D./Pennsylvania Gastroenterology with the foregoing subpoena by Consultants z?gxlae,inpt?ml?enpe?peUi. Certified mail - Return Receipt Requested I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S.A. § 4904 relating to unswom falsification to authorities. DATE: July 1, 2005 Signature RONALD J. MOORE, Plaintiff V. NORFOLK SOUTHERN RAILWAY COMPANY. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2497 Subpoena directed to: Mohan Charan, M.D. Pennsylvania Gastroenterology Consultants 899 Poplar Church Road Camp Hill, PA 17011 ADDENDUM "A" You are commanded to produce and permit inspection and copying of the following documents or objects at the place, date and time specified on page 1 of the SUBPOENA: Any and all records in the possession or under the control of the deponent relative to treatments and services rendered to RONALD J. MOORE; DOB: 08/113/1950, SSN:109-44-0365 including but not limited to all medical, hospital, psychological, mental health and/or drug and alcohol records, including but not limited to, bills/invoices, office notes, records and memoranda, results of diagnostic tests, notes of treatment and services rendered, MMPI testing, x-ray interpretation reports and interpretive reports resulting from any other imaging technique utilized and medical reports to be used for the purposes of discovery or for use at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES OF THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS IS EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO THE UNDERSIGNED PRIOR TO THE ABOVE DATE. RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 V. CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NOTICE OF INTENT TO SERVE A SURPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Railway Company intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J taudenmaier, Esquire Supre Court I.D. #34996 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717') 236-3010 Counsel for Norfolk Southern Railway Company, Defendant Date: July 1, 2005 CERTIFICATE OF SERVICE I hereby certify that I have this 1st day of July, 2005 served a copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Daniel G. O'Connell, Paralegal P 'Yl n >?'?+ J C t 'O C(? '.. ? -; `?{ ? ?-: c3 yU ?-?: N RONALD J. MOORE, Plaintiff V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-'2497 CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY'S CERTIFICATE PREREOWSITE TO SERVICE OF A SUBPOENA PURSUANT To RULE 4(109.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Norfolk Southern Railway Company, Defendant, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including; the proposed subpoena, is attached to this certificate, (3) Opposing Counsel has no objections to the attached subpoena and has agreed to waive the twenty (20) day waiting period, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve subpoena. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. St denmaier, Esquire Supreme ourt I.D. #34996 200 North Third Street P. 0. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Dated: July 1, 2005 Defendant RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have this 1st day of July, 2005, served a copy of the foregoing "Certificate Prerequisite to Service of Subpoena" upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Daniel G. O'Connell, Paralegal COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 20NALD J. MOORE Plaintiff, IS. 4ORFOLK SOUTHERN RAILWAY COMPANY Defendant. File No. 04-2497 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TOWilliam J. Polacheck, Jr., M.D./Orthopedic Institute of Pennsylvania : (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Please see attached Addendum "A" at 200 North Third Street, 18th Floor, P.O. Box 840, Harrisburg, PA 17108-0840 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Craig J. Staudenmaier, Esquire Address: 200 North Third Street, 18th Floor P.O. Box 840, Harrisburg, PA 17108-0840 Telephone:(717) 236-3010 Supreme Court ID # 34996 Attorney For: Norfolk Southern Railway Company Date: J LLA-)E Q Seal of the Court BY THE COURT: Prothonotarv/Clerk. CivjlJKision Deputy (Eff. 7/97) RETURN OF SERVICE DATE: On the 1st day of July 2005 A.D., I, Daniel G. O'Connell, servedwilliam J. Polacheck, Jr., M.D./Orthopedic Institute of Pennsylvania with the foregoing subpoena by nffsftnM??l4?dx Certified Mail - Return Receipt Requested I verify that the statements in this return of service are true and correct. I understand that false statements herein arc made subject W the penalties of ig PA C.S.A. § 4904 A n relating to unsworn falsification to authorities. July 1, 2005 Signature RONALD J. MOORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NORFOLK SOUTHERN NO. 04-2497 RAILWAY COMPANY, Defendant Subpoena directed to: William J. Polacheck, Jr., M.D. Orthopedic Institute of Pennsylvania 875 Poplar Church Road Camp Hill, PA 17011 ADDENDUM "A" You are commanded to produce and permit inspection and copying of the following documents or objects at the place, date and time specified on page 1 of the SUBPOENA: Any and all records in the possession or under the control of the deponent relative to treatments and services rendered to RONALD J. MOORE; DOB: 08/13/1950, SSN:109-44-0365 including but not limited to all medical, hospital, psychological, mental health and/or drug and alcohol records, including but not limited to, bills/invoices, office notes, records and memoranda, results of diagnostic tests, notes of treatment and services rendered, MMPI testing, x-ray interpretation reports and interpretive reports resulting from any other imaging technique utilized and medical reports to be used for the purposes of discoveryor for use at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES OF THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS IS EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO THE UNDERSIGNED PRIOR TO THE ABOVE DATE. RONALD 1. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 V. CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT To RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Railway Company intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. NAUMAN, SNHTH, S14ISSLER & HALL, LLP By: Craig J. S udeumaier, Esquire Supreme ourt I.D. #34996 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant Date: July 1, 2005 CERTIFICATE OF SERVICE I hereby certify that I have this 1st day of July, 2005 served a copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Daniel G. O'Connell, Paralegal d y ? 1 r' 1?.' F 6 1•` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, CIVIL ACTION Plaintiff, NO. O'y-,zgq-1 vs. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. COMPLAINT IN CIVIL ACTION AND NOW, comes the Plaintiff, Ronald J. Moore, by and through his attorney, Joseph A. Collins, Esquire, and files the following Complaint in Civil Action and in support thereof avers as follows: 1. The Plaintiff, Ronald J. Moore (hereinafter referred to as "Plaintiff'), is an adult individual who resides at 21 Thomas Drive, Duncannon, Pennsylvania, 17020. 2. The Defendant, NORFOLK SOUTHERN RAILWAY COMPANY (hereafter referred to as "Defendant Norfolk") is a Virginia Corporation that conducts and transacts business throughout the Commonwealth of Pennsylvania, including Enola Yard located at 218 Enola Road, Enola, Pennsylvania, 17025, and is involved in the movement of freight in interstate commerce and foreign commerce. 3. That this action is being brought against the defendant pursuant to the provisions of the Federal Employer's Liability Act, Title 45 U.S.C. §51 et seq. 4. That at all times hereinafter mentioned, the plaintiff, RONALD J. MOORE, herein is an employee of the defendant, NORFOLK SOUTHERN RAILWAY COMPANY, as that term is defined under §45 U.S.C. 51 et seq., and as such is an electrician for the defendant and is engaged by the defendant to perform duties in the furtherance of its business interests and movement of freight in interstate and foreign commerce by defendant Railroad. 5. On or about the 5 day of June, 2001, plaintiff, RONALD J. MOORE, was employed by the defendant, NORFOLK SOUTHERN RAILWAY COMPANY, as an electrician in the furtherance of defendant's business and interstate commerce. That upon information and belief, on or about the 5 day of June, 2001, the plaintiff reported to work for the defendant, NORFOLK SOUTHERN RAILWAY COMPANY and was assigned to work at the Enola Yard in Enola, Pennsylvania. 7. That on or about the 5 day of June, 2001, the plaintiff, RONALD J. MOORE, was working in the scope of his employment for the defendant when he was driving a service truck and was caused to strike a utility pole at the Enola Yard in Enola, Pennsylvania. 8. Plaintiff was caused to suffer injuries to his back and neck due to the unsafe work conditions at the Enola Yard in Enola, Pennsylvania. Plaintiff was caused to suffer severe and permanent injury due to the defendant, NORFOLK SOUTHERN RAILWAY COMPANY's, failure to provide plaintiff with a safe place to work as required under the Federal Employers' Liability Act, 45 U.S.C. 10. That the defendant, NORFOLK SOUTHERN RAILWAY COMPANY, its officers, agents and employees failed to provide plaintiff with a safe place to work, thereby causing serious and permanent injury to the plaintiff. 11. That the defendant, NORFOLK SOUTHERN RAILWAY COMPANY, and/or its officers, agents and employees failed to provide plaintiff with a safe place to work; failed to maintain their work place; failed to warn of the unsafe conditions; failed to warn of the dangers of the yard area; failed to provide proper lighting; failed to provide proper mirrors on the service truck; failed to inspect its yard area; failed to warn of the hazards and dangers in the yard; failed to provide safe and proper driving conditions in the yard; and was otherwise negligent all in violation of the Federal Employers' Liability Act as will be shown by plaintiff's proof at trial, thereby causing plaintiff severe and permanent personal injury and damages now and into the future. 12. As a direct result of defendant's failure to provide a reasonably safe work place, its failure to maintain their work place; failed to warn of the unsafe conditions; failed to warn of the dangers of the yard area; failed to provide proper driving areas; failed to provide proper lighting in the yard area; failed to provide proper mirrors on the service vehicle; failed to warn of the hazards and dangers in the yard; failed to provide safe and proper driving conditions in the yard; failure to comply with the Federal, State and the defendant's own rules and regulations; and its general, negligent operation of its business in interstate rail transportation and commerce, plaintiff was caused to suffer severe and permanent physical injuries to his back and neck and damages which will require medical care and treatment now and into the future. Plaintiff will lose time from his employment as well as other damages. 13. That all damages both physical and economic were directly caused by the negligence of the defendant without the plaintiff contributing thereto. 14. That as a result of the defendant, NORFOLK SOUTHERN RAILWAY COMPANY's, negligence, as aforesaid, the plaintiff was caused to suffer severe, permanent, personal and painful physical injuries; will suffer wage loss; loss of fringe benefits; medical care; pain and suffering; mental anguish; disability; denial of social pleasures and enjoyments and will incur expenses and suffer additional physical, emotional and economic damages as stated herein above. 15. Plaintiff did not contribute to his injuries. 16. Plaintiff demands a trial by jury on all issues. WHEREFORE plaintiff demands a money judgment against the defendants, plus interest, cost and disbursements of this action and such other further relief as this Court may deem just and proper. McKENNA & CHIODO, P.C. BY: yf? ? 7o ph A. Collins, Esquire rney for Plaintiff 6 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 PAGE.2 X4124716658 MCKENNA CHIUDO PAGE 02A VERMCA-UON L Ronald J. Moore, the Plaintiff herein, depose and say, subject to the penalties of 19 Pa. C.S., Smdon 4904 relating to unswom falsification to authorities, that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the bast of my lmowledge, information and belief. Date j Ronald J. Njoaf; r•. ?11 0 N S u SHERIFF'S RETURN - REGULAR CASE NO: 2004-02497 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOORE RONALD J VS NORFOLK SOUTHERN RAILWAY CO DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NORFOLK SOUTHERN RAILWAY COMPANY the DEFENDANT , at 1425:00 HOURS, on the 16th day of June 2004 at 218 ENOLA ROAD ENOLA, PA 17025 by handing to J.C. TAVERNA, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this Z Zn?L day of aaOy A. D. 00 Pr6thonotar So Answers: R. Thomas Kline 06/18/2004 MCKENNA & CHIODO By: Deputy Sheriff IN THE COURT OF COMMON LE `S O?F?CUMBERLAND COUNTY, RONALD J. MOORE, Plaintiff N0.04-2497 Civil vs. CIVIL ACTION NORFOLK SOUTHERN RAILWAY COMPANY, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Craig J. Staudenmaier, Esquire, and Lucinda Glinn, Esquire, of Nauman, Smith, Shissler & Hall, LLP on behalf of Norfolk Southern Railway Company in the above-referenced proceeding. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. taudenmaier, Esquire Supre Court ID# 34996 Lucinda Glinn, Esquire Supreme Court ID# 84737 200 North Third (Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfblk Southern Railway Company Date: July 7, 2004 CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Craig J. Staudeumaier, Esquire, of the firm of Nauman , Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing " by depositing a copy of the same in the United States Mail, "Praecipe for Entry of Appearance" class, postage prepaid, at Harrisburg, Penns, addressed to the following: Joseph A. Collins, Esquire McKenna & Chiodo, P.C. 436 Boulevard of the Allies, Suite 500 Pittsburg, NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J Staudenmaier, Esquire Supre a Court ID# 34996 200 North Third Street, P. O. Box 840 Harrisburg, PA 1'1108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company Date: July 7, 2004 o ? r T C C. G I M ? C. -C CII j RONALD J. MOORE, Plaintiff VS. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2497 Civil : CIVIL ACTION NOTICE TO PLEAD TO: RONALD J. MOORE, Plaintiff, and his attorney, JOSEPH A. COLLINS, ESQUIRE You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the service hereof or a default judgment may be entered against you. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. S udenmiaier, Esquire Supreme ourt ID# 34996 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 2:36-3010 Counsel for Norfolk Southern Railway Company Date: July 30, 2004 RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 04-2497 NORFOLK SOUTHERN : CIVIL ACTION RAILWAY COMPANY, Defendants ANSWER WITH NEW MATTER AND NOW, comes Defendant, Norfolk Southern Railway Company, ("Norfolk Southern"), by its counsel, Nauman, Smith, Shissler & Hall, LLP, and hereby files this Answer with New Matter to Plaintiff Ronald J. Moore's Complaint, and sets forth the following: 1. Denied. After reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of the said averments, wherefore, same are denied and strict proof thereof is demanded. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that the claim is being brought pursuant to the Federal Employers' Liability Act, 45 U.S.C. §51 et seq.; however, Norfolk Southern specifically denies that Plaintiff has a viable claim under the Act, and strict proof thereof is demanded. It is further denied that the statute set forth in this paragraph is in any manner applicable to the facts as alleged by Plaintiff. By way of further answer, it is averred that any injuries of which Plaintiff complains in the Complaint were caused solely through his own negligence, and were not the result of any alleged negligence by Norfolk Southern. 4. Admitted in part, denied in part. It is admitted that at the time of the alleged accident, Plaintiff was an employee of Norfolk Southern and was employed as an electrician. However, Norfolk Southern does not admit the happening of said accident, and strict proof thereof is demanded. The allegation regarding the applicability of the definition of "employee" under 45 U.S.C. §51 et seq. and the remaining averments of paragraph 4 constitute legal conclusions to which no response is required, and are specifically denied. Strict proof thereof is demanded at trial. 5. Admitted in part and denied in part. It is admitted that at the time of the alleged accident, Plaintiff was an employee of Norfolk Southern and was employed as an electrician. The remaining averments of paragraph 5 constitute legal conclusions to which no response is required. To the extent that the remaining averments are deemed to contain facts, they are specifically denied, and strict proof thereof is demanded at trial. 6. Admitted. Denied as stated. It is admitted that Plaintiff was working for Norfolk Southern as an electrician, and driving a service truck at the time he struck a utility pole. Plaintiff failed to follow Norfolk Southern policies and procedures and otherwise failed to exercise ordinary care at the time he struck the utility pole. By way of further answer, Plaintiff was disciplined for his failure to work in a safe manner and in accordance with Norfolk Southern's policies and procedures, as required by Norfolk Southern. 8. Denied. It is specifically denied that Plaintiff was caused to suffer any injuries due to an alleged unsafe work condition at the Enola Yard in Enola, Pennsylvania. Strict proof thereof is hereby demanded. By way of further answer, it is specifically denied that unsafe work 2 conditions exist at Enola Yard. It is further denied that any injuries of which Plaintiff complains in the Complaint were caused by any act or omission of Norfolk Southern; to the extent that Plaintiff suffered any injuries or damages, they were caused solely through his own negligence, and were not the result of any alleged negligence by Norfolk Southern. 9. Denied. It is specifically denied that Norfolk Southern has caused injuries as averred in the Complaint. Strict proof thereof is hereby demanded. By way of further answer, it is denied that any act or omission of Norfolk Southern caused cr contributed in any manner to the injuries alleged by Plaintiff. Moreover, it is specifically denied that unsafe work conditions exist at Enola Yard, and strict proof thereof is demanded. It is further denied that the statute set forth in this paragraph is in any manner applicable to the facts as alleged by Plaintiff. Moreover, it is averred that any injuries of which Plaintiff complains were caused solely through his own negligence, and were not the result of any alleged negligence by Norfolk Southern. The remaining averments of paragraph 4 constitute a legal conclusion to which no response is required, and is specifically denied. Strict proof thereof is demanded at trial. 10. Denied. It is specifically denied that Norfolk Southern has caused injury to Plaintiff as alleged in the Complaint. By way of further answer, at all times relevant hereto, Norfolk Southern provided Plaintiff with a safe work place in which to work at Enola Yard. Moreover, it is specifically denied that unsafe work conditions exist at Enola Yard, and strict proof thereof is hereby demanded. 11. Denied. The averments of this paragraph are denied pursuant to Pa. R.C.P. 1029(e), and strict proof thereof is hereby demanded. By way of further answer, Norfolk Southern conducts its business in a safe manner, has complied with applicable regulations, and, at all times relevant hereto, Norfolk Southern provided Plaintiff with a safe work place in which to work at Enola Yard. To the extent that Plaintiff suffers any physical injuries or other damages, or lost time from work, any and all damages now or in the future are a result of Plaintiff's own negligence, and were not the result of any negligence by Norfolk Southern. 12. Denied. The averments of this paragraph are denied pursuant to Pa. R.C.P. 1029(e), and strict proof thereof is hereby demanded. By way of further answer, Norfolk Southern conducts its business in a safe manner, and has complied with applicable regulations. By way of further answer, at all times relevant hereto, Norfolk Southem provided Plaintiff with a safe work place in which to work at Enola Yard. Moreover, to the extent that Plaintiff suffers any physical injuries or other damages, or lost time from work, any and all damages now or in the future are a result of Plaintiff's own negligence, and are not the result of any negligence by Norfolk Southern. 13. Denied. It is specifically denied that Norfolk Southern has caused physical or economic damages as averred by Plaintiff. Strict proof thereof is hereby demanded. By way of further answer, to the extent that Plaintiff suffers any physical or economic damages as averred in the Complaint, all damages were caused by Plaintiff's own negligence, and were not the result of any alleged negligence by Norfolk Southern. 14. Denied. It is specifically denied that Norfolk Southern has caused physical injuries or any damages as averred in the Complaint. Strict proof thereof is hereby demanded. By way of further answer, it is denied that any act or omission of Norfolk Southern caused or contributed in any manner to the acts or injuries alleged by Plaintiff; it is further denied that the statute set forth in paragraph 3 is in any manner applicable to the facts as alleged by Plaintiff. 4 Moreover, it is averred that any injuries of which Plaintiff complains in the Complaint were caused solely through his own negligence, and were not the result of any alleged negligence by Norfolk Southern. 15. Denied. This averment constitutes a legal conclusion to which no response is required. To the extent that this averment is deemed to contain facts, they are specifically denied. By way of further answer, it is denied that any act or omission of Norfolk Southern caused or contributed in any manner to the acts or injuries alleged by Plaintiff, it is further denied that the statute set forth in paragraph 3 is in any manner applicable to the facts as alleged by Plaintiff. Moreover, it is averred that any injuries of which Plaintiff complains in the Complaint were caused solely through his own negligence, and were not the result of any alleged negligence by Norfolk Southern. 16. This paragraph does not contain an averment to which a response is required. NEW MATTER IT Paragraphs 1-16 are hereby incorporated by reference as though fully set forth herein. 18. At all times relevant hereto, Norfolk Southern provided Plaintiff with a reasonably safe place to work. 19. Norfolk Southern believes and, therefore, avers that if the Plaintiff suffered any injuries or damages, which is specifically denied, then said injuries or damages were caused by or contributed to by Plaintiff's own negligence. 20. Norfolk Southern believes, and therefore avers, that Plaintiff has failed to mitigate his damages by failing to follow the advice of his health care providers and/or failing to seek employment when reasonably able to do so, and/or seek alternative employment. 21. If it is proven that Plaintiff suffered any injuries or damages, which is specifically denied, then said injuries or damages were caused by persons and/or conditions over which Norfolk Southern had no control and/or no duty to control. 22. Plaintiff's alleged injuries and the damages resulting therefrom were the result of, either in whole or in part, pre-existing conditions. 23. Plaintiff's claims are barred by the applicable statute of limitations. WHEREFORE, Norfolk Southern Railway Company, Defendant, demands judgment in its favor and against Plaintiff, Ronald J. Moore, as to any and all claims set forth in the Complaint, and requests that Plaintiff's Complaint be dismissed with prejudice together with costs of suit. Respectfully submitted, NAUMAN, SMITH, SHISSLER & HALL LLP By: _---- Craig I kudenmaier, Esquire Supreme No. 34996 Lucinda C. Glinn, Esquire Supreme Court ID No. 84737 200 North Third Street P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk ,Southern Corporation Dated: July 30, 2004 6 JUL-28-2004 WED 09:22 AM NAUMAN SMITH • FAX NO. 2341925 P. 09 V_ ERI--`ON I, WES L. CALLENDER, District Claim Agent, Norfolk Southern Corporation, am authorized to make this verification on behalf of Norfolk Southern Railway Company, lessee and operator of certain assets allocated to Pennsylvania Lines LLC, successorin interest to Consolidated Rail Corporation, and do make the following statement subject to penalties of 18 Pa.C.S. §4904, relating to unswom falsifications to authority, and do state that as District Claim Agent for Norfolk Southern Corporation, the facts set forth in the foregoing ANSWER WITH NEW MATTER are true and correct to the best of my knowledge, information and belief. Wes L. Callender District Claim Agent Date: July 28, 2004 JUL 28 2004 09:58 2341925 PAGF Ao CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Craig I Staudenmaier, Esquire, of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing "Answer with New Matter" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Joseph A. Collins, Esquire McKenna & Chiodo, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J• tamdenmaier, Esquire Supre 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 Date: July 30, 2004 ?-? c r? C7 T ?^ __ C' -I '{' T ?.- ?.r ail r: _^ ?T ) C? t.?('7 j:?.. " CT,? C7 .. _ . ? ;;?Yrt 1 " fV __y i - N r4' --! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE Plaintiff, VS. NORFOLK SOUTHERN RAILWAY COMPANY CIVIL DIVISION NO. 04-2497 REPLY TO NEW MATTER Defendant. Counsel of Record for this Party: Joseph A. Collins, Esq. ID# 58970 4255 Clark Street Hamburg, NY 14075 (716) 649-1118 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE CIVIL DIVISION NO. 04-2497 Plaintiff, VS. NORFOLK SOUTHERN RAILWAY COMPANY Defendant. Reply to New Matter Filed on Behalf of Plaintiff, Joseph A. Collins, Esq. AND NOW COMES plaintiff, RONALD J. MOORE, by and through his attorney, Collins & Collins, Joseph A. Collins, Esq., replies to a new matter and in support thereof avers as follows: 1) As to the allegations in paragraph "17" plaintiff denies the affirmative statements as contained in paragraphs "3" "4" "5" "7" "8" "9" "10" "11" "12" "13" "14" "15" "16". 2) As to the allegations in paragraph "18" of defendant's Answer and New Matter, the plaintiff specifically denies that the plaintiff was provided with a reasonably safe place to work. Plaintiff denies the allegations of this paragraph "18". 3) As to the allegations in paragraph "19" of defendant's New Matter, plaintiff specifically denies that he was negligent. Plaintiff further denies he caused or contributed to his injuries. 4) As to the allegations in paragraph "20" of defendant's New Matter, plaintiff specifically denies the allegations that plaintiff failed to mitigate his damages. Further, plaintiff indicates that this defense is riot allowed by statute under the Federal Employers' Liability Act. 5) As to the allegations in paragraph "21" of defendant's New Matter, plaintiff specifically denies that plaintiffs injuries and damages were caused or contributed to by an individual or entity in which the Norfolk Southern had no control or no duty to control. Plaintiff requires strict proof at trial. 6) As to the allegations contain in paragraph "22" of defendant's New Matter, plaintiff denies these allegations and requires strict proof at trial. 7) As to the allegations contained in paragraph "23" of defendant's New Matter, plaintiff denies that his claimed is barred by the Statute of Limitations. 8) As to the allegations made in defendant's Answer and New Matter, plaintiff is requiring strict proof at the time of trial on all alleged affirmative defenses. NEW MATTER PURSUANT TO Pa R.C.P 2252(d) 9) Plaintiff restates and realleges each and every paragraph stated herein and above more set forth herein at length, again denying each and every allegation of the New Matter as set forth above and requiring strict proof at the time of trial. 10) Plaintiff indicates that defendant, Norfolk Southern Railroad Company is liable to the plaintiff for injuries and damages. WHEREFORE, plaintiff requests judgment be entered in his favor along with interest and cost. JURY TRIAL DEMANDED tfully?ub?ritJ?dn? Jo e . Collins, Esq. t mey for Plaintiff, Ronald J. Moore ar ID No.: 58970 VERIFICATION I verify that the averments of fact made in the foregoing Reply to 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 unswom falsification to authorities. Ronald . P oor CERTIFICATE OF SERVICE A true copy of the foregoing instrument was served upon all counsel of record, or if not represented, upon all parties to the within action by U.S. mailing, postage prepaid, on the -L - day of August, 2004. . Collins, Esq. for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE Plaintiff, VS. NORFOLK SOUTHERN RAILWAY COMPANY Defendant. CIVIL DIVISION NO. 04-2497 REPLY TO NEW MATTER COLLINS LAW OFFICE Joseph A. Collins PA ID# 58970 Attorney for Plaintiff 4255 Clark Street Hamburg, New York 14075 (716) 649-1118 - cr? RONALD J. MOORS, Plaintiff V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 04-2497 AND NOW, Defendant Norfolk Southern Railway Company, ("Norfolk Southern,, hereby objects to Paragraphs 9 and 10 of Plaintiff s Reply pursuant to Pa. R grounds: .C.P. 1028(a)(2) for including of "New Matter" as an improper pleading and moves to strike it on the following 1. On or about June 2, 2004, Plaintiff, Ronald J. Moore, filed his complaint against Norfolk Southern, alleging violations of the Federal Employers' Liability Act, ("FELA'>), (hereinafter referred to as "Complaint"). 2. The Complaint was served upon Norfolk Southern on June 21, 2004 3. Pursuant to an agreement of counsel, With Norfolk Southern timely filed its Answer New Matter on July 30, 2004. 4. Plaintiff filed a Reply to Norfolk Southern's New Matter, and included within his Reply a section entitled: "New Matter Pursuant to Pa.R.C p 2252(d),1, 5• Plaintiff's inclusion of New Paragraphs 9 and 10. Matter in his reply violates Rule 1017. 6. Pursuant to Rule 1017, the only pleadings allowed,, answer thereto, are limited to a complaint, an a reply if the answer contains new matter or a counterclaim, a counter reply if the reply to a counterclaim contains new matter." 7• The rules do not provide for new matter to be pled by a plaintiff in a reply absent a an allegation of a counterclaim or other matter to which raising of defenses may be appropri ate. 8 Plaintiff alleges in New Matter: "Plaintiff restates Paragraph stated herein, and above more set forth herein at length, and realleges each and every allegation of the New gain denying each and every Matter as set forth above and requiring; strict proof at the time of trial," See Plaintiff's Reply/New Matter 19. 9• Plaintiff merely repeats the allegations in his Complaint in violation of the rules. 10. Rule 1030 pertaining to the contents of New Matter specifically state that new matter may set forth "any other material facts which are not me s rely denials of the averments of the preceding pleading." 11. Plaintiff's New Matter fails assert any defenses or allege additional facts, that if not pled in new matter may be waived, and thus violates Rule 1030. 12. The Purpose Rule 2252 is to join additional defendants, and permits the addition of New Matter only to permit any defendant or additional defendant to join a party without necessity of filing a complaint, 13. In Paragraph 10, "Plaintiff indicates that defendant, Company is liable to the plaintiff for injuries and damages.,, Norfolk Southern Railroad Plaintiff's Reply/r]eu, 14. There is no allegation contained in Plaintiff's New Matter as to the existence of any defendant other than the named defendant, Norfolk Southern. 15. Plaintiff's New Matter constitutes an improper pleading that fails to conform to law, and includes scandalous and impertinent matter. 16. Plaintiff's New Matter must be struck in accordance with Pa. R.C p 1028(x)(2) 2 WHEREFORE, Defendant Norfolk Southern Railway Company respectfully requests that this Honorable Court grant its preliminary objection for the reasons stated above, and strike Plaintiff's New Matter from his Reply pursuant to Pa. R.C.P. 1028(a)(2) Respectfully submitted, NAUMAN, SMITH, SHISSLER & HALL, LLP BY: Craig Staudenmaier, Esquire Supreme Court ID# 34996 Lucinda Glinn, ]Esquire Supreme Court l[D# 84737 200 North Third Street, P. O. Box 840 Harrisburg, PA 1'7108-0840 Telephone: (717) 236-3010 Counsel for Norfoi'k Southern Railway Corporation, Defendant Date: August 30, 2004 CERTIFICATE OF SERVICE AND NOW, on the date stated below I, Lucinda C'. Glinn, Esquire, of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing "Prelirriinary Objection to plaintiffs New United States first class mail deposited in H Matter Pursuant to Pa, g.C p 1028(x)(2)„ through xrrisburg, Pennsylvania, addressed to the following: Joseph A. Collins, Esquire McKenna & Chiodo, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 NAUMA-?N•?, SMITH, SHISSLER & HALL, LLP By C C Lucinda C. Glinn, Esquire Supreme Court ID# 84737 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 2315-3010 Date: August 30, 2004 Counsel for Norfolk Southern Railway Company 5 RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2497 NORFOLK SOUTHERN : CIVIL ACTION RAILWAY COMPANY, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF CUMBERLAND: I, LUCINDA C. GLINN, ESQUIRE, attorney with the firm of Nauman, Smith, Shissler & Hall, LLP, being duly swom according to law, depose and say the following: On August 30, 2004, I forwarded to Plaintiff s attorney, Joseph A. Collins, Esquire, a true and correct copy of the Notice Pursuant to Pa. R.C.P. 1023.2(b), by certified mail, return receipt requested. See copy of the transmittal letter and receipt for certified mail No. 7003 2260 0007 0548 0145 attached hereto and marked Exhibit "A-1" and "A-2" respectively. Mr. Collins received delivery of the aforesaid document as evidenced by the signed, certified mail receipt attached hereto and marked Exhibit "B" on September 1, 2004. NAUMAN, SMITH, SHIS19LER & HALL, LLP Lucinda C. Glinn, Esquire Supreme Court ID#84737 200 North Third Street P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company Sworn and subscribed to before me this t' '" day of September, 2004. Notary Public My Commission Expires: 'vv'^"'.._ - public: Jeannette Chelgren, Notary Dauphin City of Harrisburg, county of 15, 2005 My Commission Expires LAW OFFICES IBTH FLOOR 200 NORTH THIRD STREET P. 0. Box 640 SPENCER G. NAUMAN, JR. J. STEPHEN FE1NOUR HARRISBURG, PENNSYLVANIA 17108-0840 CRAIG J. STAUDENMAIER TELEPHONE BENJAMIN C. DUNLAP, JR. DENNIS E. BOYLE (717) 236-3010 L.RENEE LIEUX TELEFAX LUCINDA C.GLINN (717) 234-1925 August 30, 2004 Via Certified Mail No. 7003 2260 0007 0548 0145 Return Receipt Requested Joseph A. Collins, Esquire McKenna & Chiodo, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 RE: Ronald J. Moore v. Norfolk Southern Railway Company No. 04-2497 Civil, Cumberland County CCP Dear Mr. Collins: I am enclosing a Notice pursuant to Pa. R.C.P. 1023.2. Sincerely yours, Lucinda C. Glinn LCG/jdh Enclosure cc: S.A. Schwartz, Esquire R.A. Wells W.L. Callender COUNSEL DAVID C. EATON JOHN C. SULLIVAN GUY P. BENEVENTANO DIRECT E-MAIL ADDRESS NSSHQNSSH. COM WEBSITE ADDRESS WWW. NSSH. COM =EXHIBIT , . l co AL USE Ln m Poslege -371 ?BURG M1 CerWled Fee ? ,? 1 1 O RgWM Reobpl Fea p (EdordemeM Repulred) J ResMBad Del" Fee O (Endm mnt Rewlred) , rLi rU Tote) Postage & Fees ?n?a m o .......... b 5°! H__A... O I i tnS O. ?-RJ _. --------- 3tieei.%1vt: Tk l2 • I..l O. L. 11 /1.1.-T Z1.41 EXHIBIT A-2 +? EXHIBIT B, N L ".'ti7 am..' CP1 c s c L- ha ?? K - J v -: "77 1) 2?A RONALD J. MOORE, Plaintiff V. NORFOLKSOUTHERN RAILWAY COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2497 CIVIL ACTION STIPULATION AND NOW comes Ronald J. Moore, Plaintiff, by and through his counsel, Joseph A. Collins, Esquire, and Norfolk Southern Railway Company, Defendant, by and through its counsel. Craig J. Staudenmaier, Esquire, and hereby agree and stipulate that paragraphs 9 and 10 of Plaintiff's New Matter Pursuant to Pa. R.C.P. 2252(d) be stricken and withdrawn and that the preliminary objection of Norfolk Southern Railway Company to said paragraphs filed on August 31, 2004 be deemed withdrawn. Date: f5 2004 Date: "l 19 2004 Jgl A. Collins, Esquire ns Law Office _ 5 Clark Street amburg, NY 14075 Counsel for Plaintiff., Ronald J. Moore Craig J. Sta 6nmaier, Esquire Nauman, S ith, Shissler & Hall, LLP 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Counsel for Norfolk Southern Railway Company n N o ? n r `L7E7?• r q^41 -i ? , RvT; -o OFT OPP Cam CD a+ RONALD L MOORE, Plaintiff V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2497 CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY'S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Norfolk Southern Railway Company, Defendant, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) Opposing Counsel has no objections to the attached subpoena and has agreed to waive the twenty (20) day waiting period, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve subpoena. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Dated: 17 1 JO 'S Craig J. St denmaier, Esquire Supreme ourt I.D. #34996 200 Nort Third Street P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2447 V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have this I 1 m day of May, 2005, served a copy of the foregoing "Certificate Prerequisite to Service of Subpoena" upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Daniel G. O'Connell, Paralegal I r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONALD J. MOORE Plaintiff, V. File No. No. o4-2497 NORFOLK SOUTHERN RAILWAYCCOMPANY Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: William Page, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: PLEASE SEE ATTACHED ADDENDUM "Ae at 200 North Third St., 18th Floor, Harrisburg, PA 17108-0840 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Mama CRAIG STAUDENMAIER, ESQUIRE Address: 200 North Third Street, 18th Floor Harrisburg, PA 17108 Telephone: (717) 236-3010 Supreme Court ID # 34996 Attorney For: Norfolk Southern Railway Company B Date: __ ?? cw Seal of the Court (Eff. 7/97) RONALD J. MOORE, Plaintiff V. NORFOLKSOUTHERN RAILWAY COMPANY, Defendant Subpoena directed to: William Page, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW NO. 04-2497 Susquehanna Surgeons 532 North Front Street Wormleysburg, PA 17043 ADDENDUM "A" You are commanded to produce and permit inspection and copying of the following documents or objects at the place, date and time specified on page 1 of the SUBPOENA: Any and all records in the possession or under the control of the deponent relative to treatments and services rendered to RONALD J. MOORE; DOB: 08/13/1950, SSN: 109-44-0365 including but not limited to all medical, hospital, psychological, mental health and/or drug and alcohol records, including but not limited to, bills/invoices, office notes, records and memoranda, results of diagnostic tests, notes of treatment and services rendered, MMPI testing, x-ray interpretation reports and interpretive reports resulting from any other imaging technique utilized and medical reports to be used for the purposes of discovery or for use at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES OF THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS 18 EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO THE I)NDERSIGNED PRIOR TO THE ABOVE DATE. RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT To RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Railway Company intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena, If no objection is made the subpoena may be served. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. taudeumaier, Esquire Suprem Court I.D.#34996 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant Date: May 10, 2005 CERTIFICATE OF SERVICE I hereby certify that I have this 10th day of May, 2005 served a copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Daniel G. O'Connell, Paralegal RONALD J. MOORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2497 V. CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NORFOLK SOUTHERN RAILWAY COMPANY'S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Norfolk Southern Railway Company, Defendant, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) Opposing Counsel has no objections to the attached subpoena and has agreed to waive the twenty (20) day waiting period, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve subpoena. NAUMAN, SMITH, SHISSLER & HALL, LLP By: - Craig J. St denmaier, Esquire Supreme Court I.D. #34996 200 North Third Street P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Dated: S avlos Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONALD J. 140ORE Plaintiff, V. NORFOLK SOUTHERN RAILWAY COMPANY Defendant. File No. No. 04-2497 SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Michael J. Page, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: PLEASE SEE ATTACHED ADDENDUM "A" at 200 North Third Street, 18th Floor, Harrisburg, PA 17108-0840 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: CRAIG STAUDENMAIER, ESQUIRE Address: 200 North Third Street, 18th Floor Harrisburg, PA 17108 (717) 236-3010 Supreme Court ID # 34996 Attorney For: Norfolk Southern Railway Company BY THE COURT Date: P, dY j Seal of the Court Prothonota / lerk, v Division eputy (Eff. 7/97) RETURN OF SERVICE On the 2V-4 day of m e4 k 2005 A.D., I, Daniel G. O'Connell, served M i c SRC) :J-. Pctye, M . 0 with the foregoing subpoena by regular mail, first class, postage prepaid. I verify that the statements in this return of service are true and correct. I understand that false statements heroin are made subject to the penalties Of 18 PA C.S.A. ? 4904 relating to unsworn falsification to authorities. DATE: :S12 y nS CSC Signature ,'- sir RONALD J. MOORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NORFOLK SOUTHERN NO. 04-2497 RAILWAY COMPANY, Defendant Subpoena directed to: Michael J. Page, M.D. Susquehanna Surgeons 532 North Front Street Wormleysburg, PA 17043 ADDENDUM "A" You are commanded to produce and permit inspection and copying of the following documents or objects at the place, date and time specified on page 1 of the SUBPOENA: Any and all records in the possession or under the control of the deponent relative to treatments and services rendered to RONALD J. MOORE; DOB: 08/13/1950, SSN: 109-44-0365 including but not limited to all medical, hospital, psychological, mental health and/or drug and alcohol records, including but not limited to, bills/invoices, office notes, records and memoranda, results of diagnostic tests, notes of treatment and services rendered, MMPI testing, x-ray interpretation reports and interpretive reports resulting from any other imaging technique utilized and medical reports to be used for the purposes of discovery or for use at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES OF THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS IS EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO THE UNDERSIGNED PRIOR TO THE ABOVE DATE. I J .a- RONALD L MOORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2497 V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY'S CERTIFICATE PREREQUISITE TO SERVICE OF A SUSPCIA_ PURSUANT To RULE 4009.22 As a prerequisite to service of a subpoena for documents and +gs pursuant to Rule 4009.22, Norfolk Southern Railway Company, Defendant, certifies that (1) a notice of intent to serve the subpoena with a copy of the?oena attached thereto was mailed or delivered to each party at least twenty days prior to the d'n which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed'ena, is attached to this certificate, (3) Opposing Counsel has no objections to the attachtFOena and has agreed to waive the twenty (20) day waiting period, and (4) the subpoena which will be served is identical to WIna which is attached to the notice of intent to serve subpoena. Dated: -:0, 4 L,:'E NAUMAN, SMIT'SLER & HALL, LLp By: Vl ?? Crai T. tier, Fvf. g ).#34996 200 No Suprem)treet P.0. l17108-0940 Harris) 236-3010 Telekorfoik Cow Southern Railway Cor De' ti ..JN RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have this 24 m day of May, 2005, served a copy of the foregoing "Certificate Prerequisite to Service of Subpoena" upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Daniel G. O'Connell, Paralegal s-? r. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND tONALD J. MOORE Plaintiff, NORFOLK SOUTHERN RAILWAY COMPANY, : File No. No. 04-2497 Defendant. SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Pinnacle Health System/Community General Osteopathic Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: PLEASE SEE ATTACHED ADDENDUM "A• at 200 North Third Street, 18th Floor, Harrisburg, PA 17108-0840 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name CRAIG STAUDENMAIER, ESQUIRE Address: 200 North Third Street, 18th Floor Harrisburg, PA 17108 Telephone: (717) 236-3010 Supreme Court ID # 34996 Attorney For: Norfolk Southern Railway Company BY THE COURT: Date: Seal of the Court CivlllQivision Deputy (Eff. 7/97) RETURN OF SERVICE On the 2 4-K day of _ 11'1 a X , 2005 A.D., I, Daniel G. O'Connell, served Pi N,Ja d e- /k* L57 ?y i feu, f Co .,m4aY 6c:nre.n with the foregoing subpoena by regular mail, first Blass, postage prepaid. I verify that the statements in this return of service are true and correct. I understand that f se statements herein are made subject to the penalties of 118 PA CS. A. § 4904 relating to unsworn falsification to authorities. DATE: 5/2Y/os Signature -- f RONALD J. MOORE, Plaintiff V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2497 Subpoena directed to: Pinnacle Health Systern/Community General Osteopathic Hospital 4300 Londonderry Road Harrisburg, PA 17109 ADDENDUM "A" You are commanded to produce and permit inspection and copying of the following documents or objects at the place, date and time specified on page I of the SUBPOENA: Any and all records in the possession or under the control of the deponent relative to treatments and services rendered to RONALD J. MOORE; DOB: 08/13/1950, SSN: 109-44-0365 including but not limited to all medical, hospital, psychological, mental health and/or drug and alcohol records, including but not limited to, bills/invoices, office notes, records and memoranda, results of diagnostic tests, notes of treatment and services rendered, MMPI testing, x-ray interpretation reports and interpretive reports resulting from any other imaging technique utilized and medical reports to be used for the purposes of discovery or for use at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES OF THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS IS EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO THE UNDERSIGNED PRIOR TO THE ABOVE DATE. RONALD J. MOORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2497 V. CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NORFOLK SOUTHERN RAILWAY COMPANY'S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Norfolk Southern Railway Company, Defendant, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) Opposing Counsel has no objections to the attached subpoena and has agreed to waive the twenty (20) day waiting period, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve subpoena. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. audenmaier, Esquire Supreme ourt I.D. #34996 200 North Third Street P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Dated: July 28, 2005 Defendant RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have this 28"' day of July, 2005, served a copy of the foregoing "Certificate Prerequisite to Service of Subpoena" upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Daniel G. O'Connell, Paralegal RONALD J. MOORE Plaintiff, V. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NORFOLK SOUTHERN RAILWAY COMPANY, File No. 04-2497 Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Orthopedic Surgeons of Central Pennsylvania (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Please see attached Addendum "A" Nauman, Smith, Shissler & Hall, LLP, P.O. Box 840, Harrisburg, PA 17108-0840 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Craig J. staudenmaier, Esquire Address:Nauman, Smith, Shissler & Hall, LLP P.O. Box 840, Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Supreme Court ID # 3499 Attorney For: Norfolk Southern Railway Company BY THE COURT: Date: -2-6rS Seal of the Court Prothonotary/Cl Deputy (Eff. 7197) RETURN OF SERVICE On the 28th day of July 2005 A.D., I, Daniel G. O'Connell, served orthopedic Surgeons of Central Pennsylvania with the foregoing subpoena by postage prepaid. Certified Mail - Return Receipt 'Requested I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S.A. § 4904 relating to unsworn falsification to authorities. DATE: July 28, 2005 0 Signature RONALD J. MOORE, Plaintiff V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2497 Subpoena directed to: Orthopedic Surgeons of Central Pennsylvania 99 November Drive Camp Hill, PA 17011 ADDENDUM "A" You are commanded to produce and permit inspection and copying of the following documents or objects at the place, date and time specified on page 1 of the SUBPOENA: Any and all records in the possession or under the control of the deponent relative to treatments and services rendered to RONALD J. MOORE; DOB: 08113/1950, SSN: 109-44-0365 including but not limited to all medical, hospital, psychological, mental health and/or drug and alcohol records, including but not limited to, bills/invoices, office notes, records and memoranda, results of diagnostic tests, notes of treatment and services rendered, MMPI testing, x-ray interpretation reports and interpretive reports resulting from any other imaging technique utilized and medical reports to be used for the purposes of discovery or for use at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES OF THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS IS EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO THE UNDERSIGNED PRIOR TO THE ABOVE DATE. RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 V. CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Railway Company intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. NAUMAN, SMITH, SHISSLER & HALL, LLP Q By: Craig 4 Staudenmaier, Esquire Supre he Court I.D. #34996 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant Date: July 28, 2005 CERTIFICATE OF SERVICE I hereby certify that I have this 28th day of July, 2005 served a copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Daniel G. O'Connell, Paralegal RONALD J. MOORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2497 V. CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NORFOLK SOUTHERN RAILWAY COMPANY'S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Norfolk Southern Railway Company, Defendant, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) Opposing Counsel has no objections to the attached subpoena and has agreed to waive the twenty (20) day waiting period, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve subpoena. Dated: August 30, 2005 NAUMAN, SMITH, SHISSLER & HALL, LLP By: 7C=` Craig J. S udenmaier, Esquire Supreme our[ I.D. #34996 200 North Third Street P. O. Box 8.10 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2457 V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have this 30 m day of August, 2005, served a copy of the foregoing "Certificate Prerequisite to Service of Subpoena" upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Daniel G. O'Connell, Paralegal COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONALD J. MOORE, Plaintiff, V. File No. 04-2497 NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medco Health Solutions, Inc. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Please see attached Addendum "A" at Nauman,Smith,Shissler & Hall, LLF, P.O. Box 840, Harrisburg, PA 17108-0840 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NameCraig J. Staudenmaier, Esquire Address: 200 North Third Street, 18th Floor P.O. Box 840, Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Supreme Court ID If 34996 Attorney For: Norfolk Southern Railway Company Date: 19 t Seal of the Court BY THE COURT: Prothonotary/Clerk, C't vision Deputy (Eff. 7/97) RETURN OF SERVICE On the 30th dayof August ,2005A.D., I, Daniel G. O'Connell, served Medco Health Solutions, Inc. with the foregoing subpoena by regular mail, first class, postage prepaid. I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of IS PA C.S.A. § 4904 relating to unswom falsification to authorities. DATE: August 30, 2005 Signature RONALD J. MOORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NORFOLK SOUTHERN NO. 04-2497 RAILWAY COMPANY, Defendant Subpoena directed to: Medco Health Solutions, Inc. 100 Parsons Pond Drive Franklin Lakes, NJ 07417 ADDENDUM "A" You are commanded to produce and permit inspection and copying of the following documents or objects at the place, date and time specified on page: 1 of the SUBPOENA: Any and all records in the possession or under the control of the deponent relative to treatments and services rendered to RONALD J. MOORE; DOB:08/13/1950, SSN:109-44-0365 including but not limited to records of all drugs, medications, therapies, equipment and/or remedies prescribed by any physician, medical personnel or otherwise, including references of brand and/or generic names, dosage amounts, quantity and type, directions and indications of usage, correspondence, bills/invoices, office notes, records and memoranda, insurance records and/or claim forms, receipts, interpretive or diagnostic reports to be used for the purposes of discovery or for use at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES OF THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS IS EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO THE UNDERSIGNED PRIOR TO THE ABOVE DATE. RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 V. CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Railway Company intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. taudenmaier, Esquire Suprem Court I.D. #34996 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant Date: August 30, 2005 CERTIFICATE OF SERVICE I hereby certify that I have this 30th day of August, 2005 served a copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Daniel G. O'Connell, Paralegal +` ? r) " ? -. ?J .-1 f1) ]--7! 'f> l.) r 1, ?.(} ??l . ... T i, yi -5Y1 L ? C? RONALD J. MOORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2497 V. CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NORFOLK SOUTHERN RAILWAY COMPANY'S CERTIFICATE PREREOUISrrE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Norfolk Southern Railway Company, Defendant, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) Opposing Counsel has no objections to the attached subpoena and has agreed to waive the twenty (20) day waiting period, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve subpoena. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. S audenmaier, Esquire Supreme ourt I.D. #34996 200 North Third Street Dated: September 6, 2005 P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have this 6`s day of September, 2005, served a copy of the foregoing "Certificate Prerequisite to Service of Subpoena" upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 2 Daniel G. O'Connell, Paralegal RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 V. CIVIL, ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Railway Company intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J Staudenmaier, Esquire Supre a Court I.D. #34996 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant Date: September 6, 2005 CERTIFICATE OF SERVICE I hereby certify that I have this 6th day of September, 2005 served a copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Daniel G. O'Connell, Paralegal COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONALD J. MOORE Plaintiff, V. File No. 04-2497 NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Please see attached Addendum "A" at Nauman Smith,Shissler & Hall, LLP, P.O. Box 840, Harrisburg,PA 17108-0840 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you tail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Craig J, taudenaier, Esquire ' Address: 200 North Third Street, 18th F P.O. Box 840, Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Supreme Court ID # 34996 Attorney For: Norfolk Southern Railway Company Date: i'La ? / I ?) Seal of the Court SY THE CO'RT: Prothon Jerk, it Division Deputy (Eff. 7/97) RETURN OF SERVICE On the 6th day of September 1 2005 A.D., I, Daniel G. O'Connell, served Rite Aid Corp. with the foregoing subpoena by)MXXC*k Jr IIN, postage prepaid. Certified Mail, Return Receipt Requested I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of ISO PA C.S.A. § 4904 relating to unswom falsification to authorities. DATE: September 6, 2005 Signature RONALD J. MOORE, Plaintiff V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant Subpoena directed to: Rite Aid Corp. 30 Hunter Lane Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2497 ADDENDUM "A" You are commanded to produce and permit inspection and copying of the following documents or objects at the place, date and time specified on page 1 of the SUBPOENA: Any and all records in the possession or under the control of the deponent relative to treatments and services rendered to RONALD J. MOORE; DOB:0811311950, SSN:109-44-0365 including but not limited to records of all drugs, medications, therapies, equipment and/or remedies prescribed by any physician, medical personnel or otherwise, including references of brand and/or generic names, dosage amounts, quantity and type, directions and indications of usage, correspondence, bills/invoices, office notes, records and memoranda, insurance records and/or claim forms, receipts, interpretive or diagnostic reports to be used for the purposes of discovery or for use at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES OF THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS IS EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO THE UNDERSIGNED PRIOR TO THE ABOVE DATE. ?„+ (-. =Ti __ .A ?:?? •r? _.-, C7. . ,c' ?? in .?. ?. G'? -^? RONALD J. MOORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2497 V. CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NORFOLK SOUTHERN RAILWAY COMPANY'S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Norfolk Southern Railway Company, Defendant, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) Opposing Counsel has no objections to the attached subpoena and has agreed to waive the twenty (20) day waiting period, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve subpoena. Dated: September 15, 2005 NAUMAN, SMITH, SHISSLER & HALL, LLP By: Q?? Craig J. taudenmaier, Esquire Supre Court I.D. #34996 200 North Third Street P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have this 15'h day of September, 2005, served a copy of the foregoing "Certificate Prerequisite to Service of Subpoena" upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 Z2??? Daniel G. O'Connell, Paralegal COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONALD J. MOORE, Plaintiff, V. File No. 04-2497 NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: First Choice Reh bilita inn Specialists (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Please see attached Addendum "A" at Nauman,Smith,Shissler & Hall,LLP, P.O. Box 840, Harrisburg, PA 17108-0840 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Names Craig J. Staudenmaier, Esquire Address: 200 North Third Street, 18th Floor P.O. Box 840, Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Supreme Court ID # 34996 Attorney For: Norfolk Southern ?Railway Company Date: _Q6C1'; Seal of the Court BY THE COURT: J Pro ono aryt r <, C' I Division Deputy (Eff. 7/97) RETURN OF SERVICE On the 15th day of September , 2005 A.D., I,DanielG.O'Connell, served First Choice Rehabilitation Specialists with the foregoing subpoena byX&IffWYjx&ikf KIxdI 6, postage prepaid. Certified Mail, Return Receipt Requested I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 180 M C.S.A. § 4904 relating to unswom falsification to authorities. DATE: September 15, 2005 da2 Signature RONALD J. MOORE, Plaintiff V. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2497 Subpoena directed to: First Choice Rehabilitation Specialists 32 W. Shortcut Road Newport, PA 17074 ADDENDUM "A" You are commanded to produce and permit inspection and copying of the following documents or objects at the place, date and time specified on page 1 of the SUBPOENA: Any and all records in the possession or under the control of the deponent relative to treatments and services rendered to RONALD J. MOORE; DOB: 08/13/1950, SSN:109-44-0365 including but not limited to all medical, hospital, psychological, mental health and/or drug and alcohol records, including but not limited to, bills/invoices, office notes, records and memoranda, results of diagnostic tests, notes of treatment and services rendered, MMPI testing, x-ray interpretation reports and interpretive reports resulting from any other imaging technique utilized and medical reports to be used for the purposes of discovery or for use at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES OF THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS IS EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO THE UNDERSIGNED PRIOR TO THE ABOVE DATE. h - o (> Y ? o CJt 'S'1 s ? cr> Y c a n? cn ? ? RONALD J. MOORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 04-2497 V. CIVIL ACTION - LAW NORFOLK SOUTHERN RAILWAY COMPANY, Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Railway Company intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. taudenmaier, Esquire Suprem Court I.D. #34996 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant Date: September 15, 2005 CERTIFICATE OF SERVICE I hereby certify that I have this 15th day of September, 2005 served a copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following counsel of record: Joseph A. Collins, Esquire Collins Law Office 4255 Clark Street Hamburg, NY 14075 l Daniel G. O'Connell, Paralegal t c C F RONALD J. MOORE, vs Case No. 04-2497 NORFOLK SOUTHERN RAILWAY OOMPANY, Statement of Intention to Proceed To the Court: Plaintiff, Ronald J. Moore, intends to proceed with the above captioned matter. Print Name Mark F. McKenna, Esq. Sign Date: 9-22-2008 Attorney for Plaintiff, Ronald J. Moore Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. 3 } ;' cg's 4 T4 `? rs1 e . . IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, Plaintiff, VS. NORFOLK SOUTHERN RAILWAY COMPANY, CIVIL DIVISION NO. 04-2497 TYPE OF PLEADING: PRAECIPE FOR APPEARANCE Defendant. 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 mcklaw a,nauticom.net IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. MOORE, CIVIL DIVISION Plaintiff, NO. 04-2497 VS. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. PRAECIPE FOR APPEARANCE TO PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, Ronald J. Moore, in regard to the above- captioned matter. Respectfully submitted, & 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 Praecipe for Appearance was forwarded to the following on the H day of September 2008: Craig J. Staudenmaier, Esquire Joseph A. Collins, Esquire Nauman Smith Shissler & Hall, LLP 4255 Clark Street 200 North Third Street Hamburg, NY 14075 18`h Floor Harrisburg, PA 17101 A & ASSOCIATES, P.C. By: MARK FA4cKENNA, ESQUIRE Attorneys for Plaintiff, Ronald J. Moore N C19 M r- a K ?' I't2 ., ah.. N ?? Ronald J. Moore 2911 QCT I PM 2: 3L. vs ' MBERLAND COUNT" Case No. 04-2497 PENNSYLVANIA Norfolk SouthernRailway Company Statement of Intention to Proceed To the Court: Counsel for Plaintiff, Ronald Moore, intends o pro eed with t above captioned matter. Print Name Mark F. McKenna Sign N Date: 10/11 /2011 Attorney for Plaintiff, Ronald J. Moore Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. 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: lel-61&1 e ?, " off-a497 08. 8a q fTl r? _,, ? ? ? ? car ._; , 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). 1 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 ectfu ly ubmitted, Ronald J. Moore 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@consolidatednet> 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. mail.yahoo.com/dc/launch?.gx=1 &.rand=391 ggsm9bighm 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 <jknaebe1*onso1idatecdnet> wrote: From: jeremy knaebel <jknaebel@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.mail.yahoo.com/dc/launch?.gx=1 &.rand=b 1 t3 ei2kkgj i9 6/15/2011 WKENNA ASSOCWES A Professional Corporation 436 Boulevard of the Allies • Suite 500 • Pittsburgh, Pennsylvania • 15219-1314 Telephone (412) 471-6226 Facsimile (412) 471-6658 E-Mail: mcklawC&consolidated.net March 4, 2011 Mr. Ronald Moore 21 Thomas Drive Duncannon, PA 17020 RE: Ronald Moore v Norfolk Southern Railway Company 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 McKENNA ASSOMS ;t`1'1'0R\IJS AT 1.1 \ A Professional Corporation 436 Boulevard of the Allies - Suite 500 - Pittsburgh, Perulsylvania - 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, kne s, and all pj?LZWiatiUg wer ex , anand all osteoarthn em' ies and all knee n. The release does no£"" address the back or neck pain. The back and neck Lain should be included in the release. Our letter to you of Octo er 10, 2010 was in error. T56 -cause of action filed-aft 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 om ou I will immediately contact the defer an s course to a dress the inaccuracies in the release. Very truly yours, TES, P.C. 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 ooo NLkl?nmootlit. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 04-2497 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 rnw :VCD C CDQ 7>c; z :z;5 D o -CH:, _ , Distribution List: Mark F. McKenna, Esquire McKenna & Associates 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 ? Brian M. Mancos, Esquire Burns White, LLC Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 V Craig J. Staudenmaier, Esquire Nauman, Smith, Shissler & Hall, LLP 200 North Third Street, 18t?' Floor P. O. Box 840 Harrisburg, PA 17108-0840 mh egje5 tAa,l-ed )/O/o' Mc" U RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANIA Plaintiff m V. rn NO. 04-2497 , cn ?` N) D C NORFOLK SOUTHERN : CIVIL ACTION x' ?• -- RAILWAY COMPANY, c~~. t - Defendant 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 , 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 RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANI A Plaintiff . NO. 04-2497 ?/ ra rn NORFOLK SOUTHERN : CIVIL ACTION o RAILWAY COMPANY, - `° --e i? . ? C- Defendant =C> yc: rM r c- ..: cn > 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 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: 1. 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. 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: (X_?' - Craig J. denmaier, 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: 1 . - Brian M. Mancos, Iffsquire 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 1, 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 Judy, Date: April 18, 2012 RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 04-2497 NORFOLK SOUTHERN : CIVIL ACTION RAILWAY COMPANY, r Defendants 5;c- = -t RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 Craig J. taudenmaier, Esquire Supreme 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 subscribed to before me this / d?- day of 2012. A 61 Notary Public COMMONWEALTH OF PENNSYLVANIA y Commission Expires: NOTARIAL SEAL Jeannette Chelgren, Notary Public City of Harrisburg, Dauphin County My commission expo F 15, 2013 • Attorneys At Lace Please reply to: P. O. Box 840 Harrisburg, PA 17108-0840 Craig J. Staudenmaier cistaud(& ,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: EXHI/BIT - I Superior analysis. Effective solutions. Since ]871 Nauman Smith Shissler & Hall, LLP • 200 Norsh 3rd Street, 18th Floor • Harrisburg, PA 17101 • 717.236.3010 • fax: 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, &J,, ?k 04,'y Brian M. Mancos Sincerely yours, Craig . taudenmaier CJS/jai Enclosure r _n m Cr Postage Lo $ Certified Fee ark C3 O Fee Retum C3 uired) ent Re d 2 3 5 e q omem (En , . a O MAR ulreFee d) e \ r ov ? Ee Q C3 ( t?'C,G J r / dot! ,,,f Total Postage & Fees O 1 r=l O ,.7....L :1115 ne--........,-------------- ----- Co Street [?- or PO No. ------------------------------- -g were, ZF4 V EXHIBIT - U ¦ Complete items 1, 2, and 3. Also OOMPIate item 4 if Restricted Delivery is desired. ¦ 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 If space permits. 1. Article to: Ronc'lck- M??O OL 1I'V1 Dn-g- DUn aCLr\non, ?A 110aa 2. ArMs Number (Tnmsfar from service PS Form 3811, February 2004 Aijt? SI ure x '-e-' B hied Name) C. D Is delWy a0. dot from item 1? If YES, ender delivery address below' 3. Service Type &kIC96W Mali 0 E- p Registered iReturn F ? insured mail ? C.O.D. 4. Res4fcted DeNvery? (Extra Fee) 7011 0470 0002 7992 4366 Domestic Return Receipt C58 °LS I Z Yes fNo for Merchandise 0 Yes 102595.02-M-1549 EXHIBIT U. S. POSTAL SERVICE CERTIFICATE F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES PROVIDE FOR INSURANCE-POSTMASTER p Received From: , 1 " 02 1P 0038813 "loo N. SPOT,- Sf-) If MAILED FRO 10 One piece of o finery mail addressed to: I rL ? 1 Thom(LS L7n V ? L??ln4( .fl/lOtl . 00oLc) PS Form 3817, Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of ?AP Q?O IPCOQ$1i1 '1 m oAdel'`t EXHIBIT RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANI A Plaintiff V. NO. 04-2497 NORFOLK SOUTHERN : CIVIL ACTION RAILWAY COMPANY, =M C- r i ... CD Defendants T?A rV t?j i 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. NAUMAN, SMITH, SHISSLER & HALL, LLP ;J C `By: l/ Craig J audemnaier, Esquire Su. Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18`h Floor P. O. Box 840 Harrisburg, PA 17108-0840 Counsel for Norfolk Southern Railway Company, Defendant 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 I" 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 udy Imes Date: July 2, 2012 :L i I J U L -5) Ps 12: 1 6- PENNSYLVANIA ?- -- ? = s I LLJ r LFJ C r ?Q r.u 1 ? c? z D D Z DNmn'p 7J °o?j? m Mz?- z M ??=z ?oD?D D ? O m O r 1mz?-? -; D C ? T r RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 04-2497 --, NORFOLK SOUTHERN : CIVIL ACTION rn =M -? -- RAILWAY COMPANY, r- N n -< o c Defendant C'*) r mom; RONALD J. MOORE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVAN IA Plaintiff V. NO. 08-0824 NORFOLK SOUTHERN : CIVIL ACTION RAILWAY COMPANY, and CONSOLIDATED RAIL CORPORATION, Defendants ORDER AND NOW this ?,n' day of , 2012, upon consideration of the ML 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 Nauman dth A t t o r n e y s A t L a w 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. CJS/jai Enclosures cc: Ronald J. Moore, w/encs. Mark F. McKenna, Esquire, w/encs. Brian M. Mancos, Esquire, w/encs. Sincerely yours, ` ?C ?? ? Cr4.ud nmaier - N9 0 S u p e r i o r a n a l y s i s. E f f e c t i v e s o l u t i o n s. S i n c e 1 8 7 1 Nauman Smith Shissler & hall. LLP • 200 North 3rd Street. 18th Floor • Harrisburg, PA 17101 • 717.236.3010 9 fax: 717._`31. 1925 • www.nssh.com _. s o o Ll C9 ? -- pt-cn7 N ? s ? r- 4-1 G = G' E _ W CJ ° - Pj r1 z s a F ? `J ? -? t? G3 0 ? G ^ L I 1X c r .? RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Receipt Date Carlisle, Pa 17013 Receipt Time Receipt No. 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 7/06/2012 6:56:46 277603 ------------------------- Distribution Of Payment ----------------------------- Transaction Description Pa,,rment Amount BOND 43,392.15 17003708 - 10-9999 $43,392.15 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, Pennsylvarti,~=-n ,=~= - -~;.: ;-, >_ ~.- No 04-2497 ~~~ __._ .~, Civil Action ={~ ~. ~;; =~ ~., J ~, In the Court of Common Pleas Cumberland County, Pennsylvania No 08-0824 Civil Action ORDER AND NOW, this day of October, 2012, upon consideration of the foregoing 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 the settlement fiend to Plaintiff upon entry hereof. BY THEI COKIRT: Thomas C.P.J. ~~,a Distribution List: Mark F. McKenna, Esquire McKenna & Associates 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 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 Ronald J. Moore 21 Thomas Drive Duncannon PA 17020 James A Miller Esquire MILLER LIPSITT LLC 4 S 17t~ Street Camp Hill PA 17011 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 OF THE NINTH JUDICIAL DISTRICT IN THE CC)URT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2008-0824 CIVIL.. TERM IN RE: PLAINTIFF'S MOTION TO RELEASE $43,392.15 SETTLEMENT FUND ORDER OF COURT AND NOW, this 18t" day of October 2012, upon consideration of Plaintiff's Mofion 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 fi{e a response in opposition to this Motion, and was prior to the distrubution 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 shou{d not be granted is hereby issued to Mark F. McKenna. Esquire. This Mule is returnable 26 October 2012, in the Prothonotary Office, Cumberland County Courthouses, Carlisle, Pennsy{vania. The Prothonotary is instructed to re-deposit the monies. By the Co~~_. / ,.-= %,' Thomas PI ey C.P.J. Distribution List: lark 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, 18th Floor P. O. Box 840 Harrisburg, PA 17108-0840 ~onald J. Moore 21 Thomas Drive Duncannon, PA 17020 ~arnes A. Miller, Esquire Miller Lipsitt, LLC 4 S. 17th Street Camp Hill, PA 17011 •~ ~~ ~J mh ~~ z W c:.. J v !, ~~ __ -, 1 T r J ~ 3 >, li ci; = ~ r• .~ C ~_ ~ ~ r. zs =tC o - ~ [~ ooc z~l Z c ?i =i !r1 ~' :' 1 ~- ;--; rs z_ 4 3 V -~ ~~ j ~ ~ v `` O v ~' ~ r ~, ~ ~, °_. ~- ;,J _.--- ~ ~~, ~ . ,~ u~ is --~-- ~ ~ i '~.. -1 - ~ ~, ~. ~ ~~ ~. -~,~, ~~, ~ ~ T ~ ~ ` -- d _ ~ ~^ --~ ~ ~- ~ `` 4 \V~} ~ ~ _^' ^ ~~ ` t ' ~ ~ ~, ~ -~,,, - ;.,~ v~ - -- M~ ~ .~ J ~ ^--~ -~ ~ "~'' ~- 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 OF THE NINTH JUDICIAL DISTRICT 2004-2497 CIVIL TERM ~~~~n ~,~ ~~, IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 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 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, Esq.'s Response in Opposition to the Motion to Release $43,392.15 Settlement Fiand 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. A,II parties intending to participate in the above-scheduled argument shall file a brief FIVE (5) DAYS prior to argument, outlining their position on all outstan~.i~g ,~ssu~ ~ `' raised by the Motion and Response. ~~ n ~~ t pC { CJ ~-; ~ ~ : ~ ~ -t^ ~ Cx "`' ~ . ~. M ~ BY THE CQll&~-__._..___~.__~ l ~ "~ Thomas A. Placey C.P.J. Distribution List: ~ Mark F. McKenna, Esquire McKenna & Associates 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 / Brian M. Mancos, Esquire Burns White, LLC Four Northshore Center 106 Isabella Street Pittsburgh, PA 15?_12 ,/ Craig J. Staudenmaier, Esquire Nauman, Smith, Shissler & Hall, LLP 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 17011 ,~e~ ~a~ -~S bP~ ~ ~a~ ~l ~ MCKENNA PAGE 05105 121171'2012 03:20 41247166513 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 M M --, - 1-71 the Court of Common Pleas In N - .. Cumberland County, Pennsylvania © _ No 48-0824 Civil Action STIPULATION NOW COME, Plaintiff, Ronald J. Moore, and McKenna & Associates, P.C. and Mark F. McKenna, and respectfully request that your Honorable Court direct the Prothonotary to issue From the Settlement Fund a check payable to McKenna & Associates, P.C. for $1327.59 and the balance payable to Plaintiff, Ronald J. Moore. Ronald J M KENNA & ASSOCIATES, P.C. MARK 1~ - McKENNA, E SQUIRE WITNESS: 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 In the Court of Common Pleas Cumberland County, Pennsylvania No 08-0824 Civil Action STIPULATION NOW COME, Plaintiff, Ronald J. Moore, and McKenna & Associates, P.C. and Mark F. McKenna, and respectfully request that your Honorable Court direct the Prothonotary to issue 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: ii' ?C do Ronald J Moore KENNA & ASSOCIATES, P.C. MARK F. McKENNA, ESQUIRE