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HomeMy WebLinkAbout12-0472A L 'l•JTH011, T 2u2.1r 27 PM, 3 14 PENNS1 LVA, John Young, Jr. and Jessica Young Plaintiff Brian Zook, and Norfolk Southern Corporation, Inc. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.? : Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 ?103.7sP? C Z?- ?t3 a3 ??d?7033c? IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA JOHN YOUNG, Jr., and JESSICA YOUNG, Plaintiffs, V. BRIAN ZOOK, and NORFOLK SOUTHERN CORPORATION, Defendants. CIVIL ACTION - LAW No. Jury Trial Demanded COMPLAINT AND NOW comes the Plaintiffs, John Young, Jr. and Jessica Young, by and through their counsel, Jason B. Duncan, Esq., and Alina M. Dusharm, Esq., and the firm, Stone, Duncan & Linsenbach, PC, and avers as follows: PARTIES 1. Plaintiff, John Young, Jr., (hereinafter "Plaintiff' or "John"), is an adult individual, residing at 65 May Drive, Dillsburg, York County, Pennsylvania 17019. 2. Plaintiff, Jessica Young, (hereinafter "Plaintiff' or "Jessica"), is an adult individual, residing at 65 May Drive, Dillsburg, York County, Pennsylvania 17019. Jessica is the wife of John Young. 3. Defendant, Brian Zook, (hereinafter "Defendant Zook" or " Brian Zook") is an adult individual who resides at 1350 Pine Road, Carlisle, Cumberland County, Pennsylvania 17015. Brian is the owner and driver of the ATVs involved in the incident with Plaintiff. 4. Defendant, Norfolk Southern Corporation, (hereinafter "Defendant Norfolk Southern" or "Norfolk Southern") is a Corporation with railways, stations, and offices throughout the United States, including a local office at 4600 Deer Path Road, Suite 203, Harrisburg, Dauphin County, Pennsylvania 17110. FACTUAL ALLEGATIONS 5. On January 30, 2010, Plaintiff John Young was at Defendant Brian Zook's house for a social gathering with friends. 6. Defendant Zook asked John and others at the party to go riding on his ATVs on the trails behind the house. 7. John originally decided he would not join those in the group on their ride, but was eventually convinced otherwise. 8. Jessica stayed back at the house with the others at the party, while John took a ride on the ATVs with the other men, Defendant Zook, Kevin Bordelemay, Nick Newcomer, and Chris Zook. 9. Since there were only three ATVs for five men, John and Nick were passengers on the back of the ATVs driven by Brian and Chris, respectively. 10. Defendant Zook, with John riding as passenger, led the group in the dark throughout the trails where he normally rides his ATVs. 11. As Defendant Zook led the group through the dark, they approached and off-road trail beside railroad track owned by Defendant Norfolk Southern. 12. This roadway was well-worn and obviously used by automobiles or other ATVs. 13. It is believed and therefore averred that the Norfolk Southern roadway was frequently used as a trail for ATV riders. 14. At one point on the roadway, there was a large pile of used railroad ties stacked and sitting alongside the tracks, blocking the trail. 15. The old railroad ties were placed at that location by Norfolk Southern after replacing them with new ties on the tracks. The large pile of scrap metal had no warning signs that signaled their existence, nor did they have cones, caution tape or other construction material blocking them off. 16. It is believed and therefore averred that the railroad ties were blocking the roadway for an unreasonable amount of time. 17. Since the incident, Defendant Norfolk Southern has removed the railroad ties from the site. 18. It is believed and therefore averred that although the old railroad ties may have originally been placed in their location during repair and maintenance of the railroad tracks, they were allowed to remain in that spot in order to discourage and hinder the use of the roadway by trespassers, including ATV riders. 19. As Defendant Zook was driving John and leading the others along Defendant Norfolk Southern's roadway by the tracks, they were unable to see the railroad ties that were blocking their path. 20. At this time, Defendant Zook was travelling at an unreasonably high speed, reaching over 50mph. 21. By the time Defendant Zook saw the railroad ties, it was too late. He swerved, but still crashed into the large pile of scrap metal, throwing John off the back and headfirst into the railroad ties, injuring him severely and permanently. 22. After waiting for her husband to return for what seemed like a little too Young, Jessica began asking questions to the others at the party about when the men would be getting back on their ATVs. 23. By the time that Jessica had found out what had happened and reached the railroad tracks where John was severely injured and almost killed, John had been taken away by helicopter to the nearest hospital. 24. Jessica was left behind not knowing how the accident occurred, what condition John was in, or if her husband would survive. 25. As a result of this incident, John lapsed into a comma for an entire month and was hospitalized for over five months to deal with his head injuries and broken bones. 26. John has been dealing with permanent injuries ever since the incident, including severe brain damage, memory loss, and paralysis on the left side of his body, which has made it impossible for him to complete basic human functions on his own. 27. During this time, Jessica suffered her own physical and emotional trauma as she rarely left John's side, sleeping at the hospital for three months and watching him struggling to recover. 28. Because of all of his injuries, John has been attending physical and occupational therapy for his speech, paralysis, and other injuries. He also attends several doctor's appointments a week, including but not limited to: a primary care physician, neurologist, psychologist, psychiatrist, prosthetist, and regular appointments for rehabilitation and a traumatic brain injury group. 29. Despite a tremendous amount of medical help over the last two years, John is still unable to perform any daily activities as he used to, including handiwork around the house, being able to hold down a job, or just eat, drink, or stand on his own. 30. In addition, Jessica Young has been unable to maintain working at her jobs while caring for her husband. As a result, she has had to quit her full-time job, forfeit their health insurance through her employment, and scale back her hours considerably at her second part time job. 31. Since her husband's accident, Jessica has been dealing with severe emotional distress and mental anguish, causing several side effects, including weight fluctuations and depression. 32. Further, she can no longer depend on the support from her husband, financially, physically, or emotionally. 33. As a result of this incident, John and Jessica have been suffering and may continue to suffer physically, emotionally, financially, and mentally. COUNTI NEGLIGENCE John Young v. Brian Zook 34. The averments in paragraphs 1-33 are incorporated herein by reference as if set forth in full. 35. Defendant Zook owed John a duty of care to take reasonable precautions to not carelessly and recklessly put John at the risk of severe bodily injury. 36. Defendant Zook owed John a duty to reasonably care and protect John from harm while carrying him as a passenger on an ATV which he owned. 37. The negligent and careless actions of defendants breached his duty of care, including, but not limited to, the following ways: a) By operating his ATV in a careless, reckless and negligent manner; b) By operating his ATV at an excessive rate of speed, over 50mph, under the circumstances; c) By driving his ATV onto private property where he was a trespasser and not aware of the dangers of the terrain; d) By failing to operating his ATV under proper control as to be able to stop or avoid dangers in a timely manner; e) By operating his ATV under the conditions where he was not able to be aware of his surroundings or oncoming dangerous terrain; f) By failing to watch where he was going when driving his ATV; 38. As a direct and proximate result of the Defendant Zook's negligence, John has sustained serious injuries, including, but not limited to, severe brain injuries, paralysis, broken rib, massive facial fractures, oculomotor nerve palsy, and memory loss. 39. As a direct and proximate result of the negligence of Defendant Zook, John has incurred significant medical bills and expenses and will continue to incur medical bills and expenses in the future, for hospitalization, treatment, and therapy. 40. As a direct and proximate result of the negligence of defendant, plaintiff has suffered a loss of earnings and future earning capacity. 41. As a direct and proximate result of the negligence of Defendant Zook, John has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures and a severe limitation on his pursuit of daily activities, and his ability to enjoy the pleasures of life will be impaired for the remainder of his natural life all to his great loss and detriment. 42. Plaintiff claims compensatory damages, including John's medical bills, future medical bills, loss of earnings, loss of future earning capacity, and pain and suffering, plus attorney's fees and costs and any other relief as equity and justice would require. WHEREFORE, Plaintiff respectfully requests this Honorable Court review the actions of the Defendants and grant the Plaintiff compensatory damages plus attorney's fees, interest, court costs, and with punitive damages or any other relief as equity and justice would require. COUNT II WILFUL AND WANTON MISCONDUCT John Young v. Norfolk Southern Corporation 43. The averments in paragraphs 1-42 are incorporated herein by reference as if set forth in full. 44. Defendant Norfolk Southern owed a duty to John to refrain from willful and wanton misconduct. 45. Defendant Norfolk Southern owed John a duty to refrain from a conscious indifference to the consequences of danger when it is known that a danger exists, or there is knowledge of sufficient facts that would cause a reasonable person to realize that danger exists. 46. Defendant Norfolk Southern owed John a duty to take reasonable means to avoid an accident when there is sufficient time beforehand to know or to realize with sufficient facts that a danger exists. 47. Defendant Norfolk Southern breached its duty of care based on the following allegations, which include but are not limited to: a) They were aware that the roadway on their property was used frequently by ATV riders. b) They were aware, or a reasonable person would have realized, that a large pile of used, metal railroad ties posed a significant danger to the riders. c) The metal railroad ties were left blocking the roadway for an unreasonable amount of time before being moved. d) There were no cones, safety tape, or other precautions taken to warn travelers on the roadway. e) There was sufficient time to recognize a danger and remove the scrap metal from along the roadway before an injury occurred. f) They were consciously indifferent to the consequences of danger, about which they knew or should have been aware. g) Despite having sufficient time, they did not use reasonable means to avoid the danger. 48. As a direct and proximate result of the Defendant Zook's negligence, John has sustained serious injuries, including, but not limited to, severe brain injuries, paralysis, broken rib, massive facial fractures, oculomotor nerve palsy, and memory loss. 49. As a direct and proximate result of the negligence of Defendant Zook, John has incurred significant medical bills and expenses and will in the future continue to incur medical bills and expenses, for hospitalization, treatment, and therapy. 50. As a direct and proximate result of the negligence of defendant, plaintiff has suffered a loss of earnings and future earning capacity. 51. As a direct and proximate result of the negligence of Defendant Zook, John has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures and a severe limitation on his pursuit of daily activities, and his ability to enjoy the pleasures of life will be impaired for the remainder of his natural life all to his great loss and detriment. 52. Plaintiff claims compensatory damages, including John's medical bills, future medical bills, loss of earnings, loss of future earning capacity, and pain and suffering, plus attorney's fees and costs and any other relief as equity and justice would require. WHEREFORE, Plaintiff respectfully requests this Honorable Court review the actions of the Defendants and grant the Plaintiff compensatory damages plus attorney's fees, interest, court costs, and with punitive damages or any other relief as equity and justice would require. COUNT III LOSS OF CONSORTIUM Jessica Young v. Brian Zook and Norfolk Southern Corporation 53. The averments in paragraphs 1-52 are incorporated herein by reference as if set forth in full. 54. At the time of the ATV incident, the Plaintiffs, John and Jessica Young, were married and continue to be married. 55. The aforesaid injuries and damages were caused solely and proximately by the negligence of the Defendant Zook and the willful and wanton misconduct of Defendant Norfolk Southern. 56. As a result of the injuries caused by Defendants, John is unable to be a husband, provider, handyman, and friend to Jessica in the same manner that he used to be. 57. As a result of the injuries caused by Defendants, Jessica was forced to quit her job to take care of her husband, and in doing so, forfeit her current and future income, the insurance provided through her workplace, her opportunities for advancement, and the social benefits of maintaining a job. 58. As a direct and proximate result of the wrongful and negligent acts of the Defendants, John and Jessica were caused to suffer, and will continue to suffer in the future, loss of consortium, loss of society, affection, assistance, and conjugal fellowship, all to the detriment of their marital relationship. WHEREFORE, Plaintiff respectfully requests this Honorable Court review the actions of the Defendants and grant the Plaintiff compensatory damages plus attorney's fees, interest, court costs, and with punitive damages or any other relief as equity and justice would require. ASON B. DUNCAN, ESQUIRE I. D. #879 64 AL A M. DUS A SQUIRE I.D. #309861 Attorneys for Petitioner 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 VERIFICATION The above Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of this matter. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this verification. ,--hereby verify that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: / - G 7` / Z By ?'` / ??/?? John Young, Jr., and Jessica Young as POA for John Young, Jr. CERTIFICATE OF SERVICE 1, A U ,-,c _ do certify that I have served a copy of Plaintiffs' Complaint upon the following by first class mail: Brian Zook 1350 Pine Road Carlisle, PA 17015 Norfolk Southern Corp. 4600 Deer Path Road, Suite 203 Harrisburg, PA 17110 DATE: V,,;?71 t-2 ASON B. DUNC , ESQUIRE I. D. #8794 AL A M. KLIN/, ESQUIRE I.D. #309861 Attorneys for Petitioner 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson T: _t OF Cr~ Sheriff 0lE{JTA` x .11 ai IClrmbe,41. Jody S Smith 2 12 FEB 14 AM 10: 0 i Chief Deputy Richard W Stewart Solicitor' E. `' CUMBERLAND COUNTY PENNSYLVANIA John Young, Jr. Case Number vs. 2012-472 Brian Zook (et al.) SHERIFF'S RETURN OF SERVICE 01/30/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Norfolk Southern Corporation, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 02/02/2012 02:16 PM - Dauphin County Return: And now February 2, 2012 at 1416 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Norfolk Southern Corporation by making known unto Richard Yohn, Secretary for Norfolk Southern Corporation at 4600 Deer Path Road, Harrisburg, Pennsylvania 17110 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/03/2012 04:15 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 1615 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brian Zook, by making known unto himself personally, at 1350 Pine Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM BLA , DEPUTY SHERIFF COST: $59.45 February 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teieosoft. Inc. tf ire o the ?$hv ft Jack Duignan Chief Deputy William T. Tully Solicitor Michael W. Rinehart Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JOHN YOUNG JR. AND JESSICA YOUNG VS County of Dauphin NORFOLK SOUTHERN CORPORATION Sheriff s Return No. 2012-T-0401 OTHER COUNTY NO. 2012-472 And now: FEBRUARY 2, 2012 at 2:16:00 PM served the within NOTICE & COMPLAINT upon NORFOLK SOUTHERN CORPORATION by personally handing to RICHARD YOHN 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 4600 DEER PATH RD HBG PA 17110 SECRETARY Sworn and subscribed to before me this 6TH day of February, 2012 -XP*Z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17 2014 So Answers, ? O?7 r*l ? Sheriff of Dw6FI U4 By ? Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $47.25 2/1/2012 NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18' Floor P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010, Ext. 22 Facsimile: (717) 234-1925 e-mail: dstaudQnssh.com rVRA ,Ar- go a b -n wr*t ai s• w w ('t 'Tj -4 CAL c? 5 °rC-) jbonnQWssh.com _ Counsel for Norfolk Southern Corporation, Defendant John Young, Jr. and Jessica Young, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 12-472 Civil Term Brian Zook and Norfolk Southern Corporation, Inc. Civil Term Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Craig J. Staudenmaier, Esquire, and Joshua D. Bonn, Esquire, of Nauman, Smith, Shissler & Hall, LLP on behalf of Norfolk Southern Corporation in the above-referenced proceeding. NA 99r, , SHISSLER & HALL, LLP By: Craig Staudenmaier, Esquire Supreme Court ID# 349% Joshua D. Bonn, Esquire Supreme Court ID# 93%7 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Counsel for Norfolk Southern Corporation, Defendant CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Judy A. Imes, an employee of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing "Praecipe for Entry of Appearance" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Jason B. Duncan, Esquire Alina. M. Kline, Esquire Stone, Duncan & Linsenbach, PC 8 North Baltimore Street Dillsburg, PA 17019 Brian Zook 1350 Pine Road Carlisle, PA 17015 Q A. Imes Date: February 14, 2012 0 FILED-o y7 TliE PRQ NQNQ ?, . 2012 F'FB 2 ? ??? $? 1 ? Cuti9ER SYLVpN1AT?t PENN Counsel for Norfolk Southern Corporation and Norfolk Southern Railway Company, Defendants JOHN YOUNG, Jr. and IN THE COURT OF COMMON PLEAS JESSICA YOUNG CUMBERLAND COUNTY, PENNSYLVANIA NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18' Floor P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010, Ext. 22 Facsimile: (717) 234-1925 e-mail: c_istaudna nssh.com ibonn@nssh.com Plaintiffs CIVIL ACTION - LAW y? a V. NO. 2012-X* BRIAN ZOOK and NORFOLK SOUTHERN JURY TRIAL DEMANDED CORPORATION, INC. Defendants PRELIMINARY OBJECTIONS OF DEFENDANT NORFOLK SOUTHERN CORPORATION TO PLAINTIFFS' COMPLAINT NOW comes Defendant Norfolk Southern Corporation, improperly designated as Norfolk Southern Corporation, Inc., (hereinafter "Norfolk Southern") by and through its attorneys, Nauman, Smith, Shissler & Hall, LLP, and files these Preliminary Objections pursuant to Pa.R.Civ.P. 1028 to Plaintiffs' Complaint and avers in support thereof: 1. On January 27, 2012, Plaintiffs John Young Jr. and Jessica Young commenced the above captioned action by complaint asserting claims of negligence and loss of consortium against Defendant Brian Zook and claims for wilful and wanton misconduct and loss of 1 consortium against Defendant Norfolk Southern arising out of an ATV accident occurring on or about January 30, 2010. 2. On the date of the ATV accident, Plaintiff John Young Jr. rode as a passenger upon an ATV operated by Defendant Brian Zook. Complaint ¶10. 3. Plaintiff John Young Jr. and Defendant Brian Zook traveled onto property beside a railroad track allegedly owned by Defendant Norfolk Southern. Complaint ¶11. 4.. Defendant Brian Zook was operating the ATV in the dark and at an unreasonably high speed. Complaint 1111, 20. 5. The ATV operated by Defendant Brian Zook and ridden upon by Plaintiff John Young Jr. struck a pile of railroad ties situated upon property allegedly owned by Norfolk Southern. Complaint $21. 6. Plaintiff John Young Jr. suffered allegedly severe and permanent injuries as a result of the ATV accident. Complaint 121. 7. Plaintiffs seek compensatory damages and damages for loss of consortium from Defendant Norfolk Southern. Complaint 1152, 53-58. Preliminary Objections in the Nature of a Demurrer Pursuant to Pa.RC.P.1028(a)(4) 8. Paragraphs 1-7 are incorporated by reference. 9. Plaintiffs assert Norfolk Southern owed a duty to Plaintiff John Young Jr. to refrain from willful and wanton misconduct. 144. 2 10. Plaintiffs allege Norfolk Southern breached its duty of care based on the following allegations: (a) [Norfolk Southern was] aware that the roadway on their property was used frequently by ATV riders. (b) [Norfolk Southern was] aware, or a reasonable person would have realized, that a large pile of used, metal railroad ties posed a significant danger to riders. (c) The metal railroad ties were left blocking the roadway for an unreasonable amount of time before being removed. (d) There were no cones, safety tape, or other precautions taken to warn travelers on the roadway. (e) There was sufficient time to recognize a danger and remove the scrap metal from along the roadway-before an injury occurred. (f) They were consciously indifferent to the consequences of danger, about which they knew or should have been aware. (g) Despite having sufficient time, they did not use reasonable means to avoid the danger. Complaint, 147. 11. The averments in the Plaintiffs complaint, as specifically set forth in the previous paragraph, are insufficient as a matter of law to prove that Defendant Norfolk Southern engaged in willful or wanton misconduct or that Norfolk Southern breached any duty owed to John Young Jr. recognized under Pennsylvania law. 3 WHEREFORE, Defendant Norfolk Southern Corporation requests that this Court GRANT its Preliminary Objections and DISMISS WITH PREJUDICE any and all claims against Norfolk Southern Corporation set forth in Plaintiffs Complaint for a legally insufficient complaint pursuant to Pa. R.Civ.P. 1028(a)(4). NAUMAN, SMITH, SHISSLER & HALL, LLP By: /Uraig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18`' Floor P. O. Box 840 Harrisburg, PA 17108-0840 Counsel for Norfolk Southern Corporation and Norfolk Southern Railway Company, Defendants Date: February 20, 2012 4 CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Judy A. Imes, an employee of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing "Preliminary Objections of Defendant Norfolk Southern Corporation to Plaintiffs' Complaint" and proposed "Order" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Lisenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 Brian Zook 1350 Pine Road Carlisle, PA 17015 Craig J. Staudenmaier, Esquire Joshua D. Bonn, Esquire Nauman, Smith, Shissler & Hall, LLP 200 North Third Street, 18`h Floor P. O. Box 840 Harrisburg, PA 17108-0840 1/? 4'*? ?,? Judy Imes t .r Date: February 20, 2012 00 CA/AL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) ''JT!',0d0T C TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the wit" Ir eP 5 I Argument Court.) --------------------- ----------- --------------------------------------------------- ----------- ? -?N COUNTY CAPTION OF CASE n ??4P?SYLV, (entire caption must be stated in full) John Young, Jr. and Jessica Young, Plaintiffs vs. C Brian Zook and Norfolk Southern Corp. No. 12-472 Civil -.; 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrerrto complaint, etc.): - 0 Preliminary Objections of Norfolk Southern Corporation -- C I ; rv - 2. Identify all counsel who will argue cases: A -- ,, (a) for plaintiffs: ` Jason B. Duncan, Esquire, Alina M. Kline, Esquire, (Name and Address) 8 North Baltimore Street, Dillsburg, PA 17019 (b) for defendants: Joshua D. Bonn, Esquire (Name and Address) 200 North Third Street, 18th Floor, P. O. Box 840, Harrisburg, PA 17108-0840 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: April 13, 2012 Date: 2/20/12 Signature ' .3OShuA?? Print your name Norfolk Southern Corporation Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. aiik,% ICI.g6 ?# 3?aa I P-?? Po ATH . V . CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Judy A. Imes, an employee of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing "Praecipe for Listing Case for Argument" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Lisenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 Brian Zook 1350 Pine Road Carlisle, PA 17015 MR A. Imes Date: February 21, 2012 STONE, DUNCAN, & LINSENBACH, PC Jason B. Duncan, Esq. L D. #87946 Alina M. Dusharm, Esq. I.D. #309861 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 Email:. TasonLStoneDuncan.com Alina(&StoneDuncan.com ?w. C- -- _? -cr VI, i= ter" Attorney for John Yo "ng, J? and Jessica Young JOHN YOUNG, Jr., and IN THE COURT OF COMMON PLEAS JESSICAYOUNG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, CIVIL ACTION - LAW V. lol Y '7A No. BRIAN ZOOK, and NORFOLK SOUTHERN CORPORATION, Defendants. Jury Trial Demanded PLAINTIFFS' RESPONSE TO DEFENDANT NORFOLK SOUTHERN'S PRELIMINARY OBJECTIONS AND NOW comes Plaintiffs, John Young, Jr. and Jessica Young, by and through their counsel, Alina M. Dusharm, Esq., Jason B. Duncan, Esq., and the firm Stone, Duncan, & Linsenbach, P.C., in response to Defendant Norfolk Southern's Preliminary Objections, answers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. Admitted that Defendant Brian Zook was operating the ATV in the dark and at a high speed, without admitting that it was unreasonable for Defendant Norfolk Southern to realize or become aware that ATV riders would be traveling at this speed or at this time of the evening. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted in part, denied in part. Admitted that the listed allegations are included as a breach of Defendant Norfolk Southern's duty of care, but denied that the breach of duty is limited to those allegations. 11. Denied. The factual averments included in the complaint and all inferences fairly deducible therefrom are enough to meet the standard of legal sufficiency for a pleading. WHEREFORE, Plaintiffs, John Young, Jr. and Jessica Young, respectfully requests that this Court deny Defendant Norfolk Southern's preliminary objections. Respectfully, STO , E, DUNC , &+ LINSENBACH, PC Alina M. Dusharm, Esq. Attorney ID # 309861 Jason B. Duncan, Esq. Attorney ID # 87946 8 N. Baltimore Street Dillsburg, PA 17019 P. (717) 432-2089 F: (717) 432-0158 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, -L-),o ; ,, do certify that I have served a copy of Plaintiffs' Response to Defendant Norfolk Southern's Preliminary Objections upon the following by first class mail: Brian Zook 1350 Pine Road Carlisle, PA 17015 Craig J. Staudenmaier, Esq. Joshua D. Bonn, Esq. Nauman, Smith, Shissler, & Hall, LLP 200 North Third Street, 18th Floor PO Box 840 Harrisburg, PA 17108-0840 DATE:-311 STONE, DUNCAIN, & INSENBAC -C Alina M. Dusharm, Esq. Attorney ID # 309861 Jason B. Duncan, Esq. Attorney ID # 87946 8 N. Baltimore Street Dillsburg, PA 17019 P. (717) 432-2089 F: (717) 432-0158 Attorneys for Plaintiffs #5 JOHN YOUNG, JR. and IN THE COURT OF COMMON PLEAS OF JESSICA YOUNG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. BRIAN ZOOK and NORFOLK SOUTHERN NO. 2012 -0472 CIVIL TERM CORPORATION, INC., Defendant IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT NORFOLK SOUTHERN CORP. INC. BEFORE GUIDO, PECK. JJ. ORDER OF COURT AND NOW, this 171H day of APRIL, 2012, after reviewing the pleadings as well as the briefs filed by the parties in support of their respective positions, and having heard argument thereon, the Preliminary Objections of Defendant Norfolk Southern Corporation are OVERRULED. By the Edward E. Guido, J. ?JASON B. DUNCAN, ESQUIRE NA M. DUSHARM, ESQUIRE ,,-I'OSHUA D. BONN, ESQUIRE /g(ZIAN ZOOK COURT ADMINISTRATOR :sld 1ES Aha.t LCCL n C D? O ;z ko ss 3 co c? 4 r; r W.? NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18`n Floor P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010, Ext. 22 Facsimile: (717) 234-1925 e-mail: cistaud@,nssh.com ibonn a,nssh.com ` ;J 1 Counsel for Norfolk Southern Railway Company, improperly designated as Norfolk Southern Corporation, Inc., Defendant JOHN YOUNG, Jr. and JESSICA YOUNG IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW w?a V. NO.2012 BRIAN ZOOK and NORFOLK SOUTHERN CORPORATION, INC. Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: John Young, Jr., and Jessica Young, Plaintiffs, and their attorneys Alina M. Dusharm, Esq. and Jason B. Duncan, Esq., Stone, Duncan & Lisenbach, PC Brian Zook, Defendant 1 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. taudenmaier, Esquire Suprem 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, improperly designated as Norfolk Southern Corporation, Inc., Defendant Date: May 4, 2012 2 NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18`'' Floor P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010, Ext. 22 Facsimile: (717) 234-1925 e-mail: cstaud(a-)nssh.com ibonn a,nssh.com Counsel for Norfolk Southern Railway Company, improperly designated as Norfolk Southern Corporation, Inc., Defendant JOHN YOUNG, Jr. and JESSICA YOUNG Plaintiffs V. BRIAN ZOOK and NORFOLK SOUTHERN CORPORATION, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2012-326 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND CROSSCLAIMS OF NORFOLK SOUTHERN RAILWAY COMPANY, DEFENDANT, TO PLAINTIFFS' COMPLAINT NOW comes Defendant Norfolk Southern Railway Company, improperly designated as Norfolk Southern Corporation, Inc., (hereinafter "Norfolk Southern") by and through its attorneys, Nauman, Smith, Shissler & Hall, LLP, and files the following Answer with New Matter and Crossclaims to Plaintiffs' Complaint as follows: 3 PARTIES After reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to these averments and proof thereof is demanded. After reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to these averments and proof thereof is demanded. 3. After reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to these averments and proof thereof is demanded. 4. It is admitted that Norfolk Southern is a Virginia corporation and is an interstate carrier of freight by rail and that it has tracks, employees, offices, equipment, and other facilities located in Cumberland County, Pennsylvania. It is further admitted that it has an office located at 4600 Deer Path Road, Harrisburg, Dauphin County, Pennsylvania 17110. The remaining averments are denied in accordance with Pa.R.C.P. 1029(e). FACTUAL ALLEGATIONS The averments of paragraph 5 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 6. The averments in paragraph 6 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 7. The averments in paragraph 7 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 4 The averments in paragraph 8 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 9. The averments in paragraph 9 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 10. The averments in paragraph 10 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 11. Admitted in part and denied in part. It is admitted that Defendant Zook operated the ATV in the dark. It is denied that Norfolk Southern owned, leased, operated, managed, maintained, inspected and/or was otherwise responsible for the care, custody, and control of the real estate where the accident allegedly took place. The remaining averments of paragraph 11 are denied in accordance with Pa.R.C.P. 1029(e). By way of further answer, the area referred to by the Plaintiffs as an "off-road trail beside railroad track" was an area posted with no-trespassing signs. 12. The averments in paragraph 12 are denied in accordance with Pa.R.C.P. 1029(e). By way of further answer, the answer set forth in paragraph 11 above is herein incorporated by reference. 13. The averments in paragraph 13 are denied in accordance with Pa.R.C.P. 1029(e). By way of further denial, it is denied that Norfolk Southern owned, possessed, controlled or was otherwise responsible for a "roadway" on or about the area where Plaintiffs' accident allegedly 5 occurred. By way of further answer, the answer set forth in paragraph 11 above is herein incorporated by reference. 14. The averments in paragraph 14 are denied in accordance with Pa.R.C.P. 1029(e). By way of further denial, at all times relevant hereto, Norfolk Southern, its agents, servants, and employees, acted in a reasonable and prudent manner under the circumstances and complied with each and every duty owed to Plaintiffs, if any, and no act or omission of Norfolk Southern, its agents, servants, and employees, caused or contributed, either in whole or in part, to the resulting accident and/or any damages claimed to arise therefrom. By way of further answer, the answer set forth in paragraph 11 above is herein incorporated by reference. 15. The averments in paragraph 15 are denied in accordance with Pa.R.C.P. 1029(e). By way of further answer, the answer set forth in paragraph 14 is incorporated by reference. 16. The averments in paragraph 16 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(e). 17. The averments in paragraph 17 are denied in accordance with Pa.R.C.P. 1029(e). 18. The averments in paragraph 18 are denied in accordance with Pa.R.C.P. 1029(e). By way of further answer, at all times relevant hereto, Norfolk Southern, its agents, servants, and employees, acted in a reasonable and prudent manner under the circumstances and complied with each and every duty owed to Plaintiffs, if any, and no act or omission of Norfolk Southern, its agents, servants, and employees, caused or contributed, either in whole or in part, to the resulting accident and/or any damages claimed to arise therefrom. 19. The averments in paragraph 19 are denied in accordance with Pa.R.C.P. 1029(e) 6 20. Admitted. 21. The averments in paragraph 21 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 22. The averments in paragraph 22 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 23. The averments in paragraph 23 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 24. The averments in paragraph 24 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 25. The averments in paragraph 25 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 26. The averments in paragraph 26 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 27. The averments in paragraph 27 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 7 28. The averments in paragraph 28 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 29. The averments in paragraph 29 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 30. The averments in paragraph 30 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 31. The averments in paragraph 31 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 32. The averments in paragraph 32 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 33. The averments in paragraph 33 are denied as after reasonable investigation, Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. COUNTI NEGLIGENCE John Young v. Brian Zook 34. The answers set forth in paragraphs 1 through 33 above are incorporated herein by reference. 35. The averments of paragraphs 35-42 are directed to parties other than Norfolk Southern, therefore, no responsive pleading of Norfolk Southern is required. COUNT II WILFULL AND WANTON MISCONDUCT John Young v. Norfolk Southern Corporation, Inc. 43. The answers set forth in paragraphs 1 through 42 above are incorporated herein by reference. 44. The averments in paragraph 44 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(e). 45.. The averments in paragraph 45 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(e). 46. The averments in paragraph 46 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(e). 47. The averments in paragraph 47 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(e). By way of further answer, at all times relevant hereto, Norfolk Southern, its agents, servants and employees, acted in a reasonable and prudent manner under the circumstances and complied with each and every duty owed to Plaintiff, if any, and no act or omission of Norfolk Southern, its agents, servants and employees, caused or contributed, either in whole or in part, to the resulting accident and/or any damages claimed to 9 arise therefrom. 48. The averments in paragraph 48 are directed to parties other than Norfolk Southern, therefore, no responsive pleading of Norfolk Southern is required. To the extent it is deemed paragraph 48 is directed to Norfolk Southern, the averments in paragraph 48 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(e). It is further denied that any act or omission of Norfolk Southern, its agents, servants and employees, caused or contributed, either in whole or in part, to the resulting accident and/or any damages claimed to arise therefrom. 49. The averments in paragraph 49 are directed to parties other than Norfolk Southern, therefore, no responsive pleading of Norfolk Southern is required. To the extent it is deemed paragraph 49 is directed to Norfolk Southern, the averments in paragraph 49 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(e). It is further denied that any act or omission of Norfolk Southern, its agents, servants and employees, caused or contributed, either in whole or in part, to the resulting accident and/or any damages claimed to arise therefrom. 50. The averments in paragraph 50 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(e). It is further denied that any act or omission of Norfolk Southern, its agents, servants and employees, caused or contributed, either in whole or in part, to the resulting accident and/or any damages claimed to arise therefrom. 10 51. The averments in paragraph 51 are directed to parties other than Norfolk Southern, therefore, no responsive pleading of Norfolk Southern is required. To the extent it is deemed paragraph 51 is directed to Norfolk Southern, the averments in paragraph 51 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(e). It is further denied that any act or omission of Norfolk Southern, its agents, servants and employees, caused or contributed, either in whole or in part, to the resulting accident and/or any damages claimed to arise therefrom. 52. The averments in paragraph 52 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(e). It is further denied that any act or omission of Norfolk Southern, its agents, servants and employees, caused or contributed, either in whole or in part, to the resulting accident and/or any damages claimed to arise therefrom. WHEREFORE, Norfolk Southern Railway Company, incorrectly designated as Norfolk Southern Corporation, Inc., Defendant, demands judgment in its favor and against John Young, Jr. and Jessica Young, Plaintiffs, as to any and all claims set forth in Count U of their Complaint. COUNT III LOSS OF CONSORTIUM Jessica Young v. Brian Zook and Norfolk Southern Corporation, Inc. 53. The answers set forth in paragraphs 1-52 are incorporated herein by reference. 54. The averments of paragraph 54 are denied as after reasonable investigation Norfolk Southern is without knowledge or information sufficient to form a belief as to the truth 11 of these averments and proof thereof is demanded. Pa.R.C.P. 1029(e). 55. The averments in paragraph 55 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(e). It is further denied that any act or omission of Norfolk Southern, its agents, servants and employees, caused or contributed, either in whole or in part, to the resulting accident and/or any damages claimed to arise therefrom. 56. The averments of paragraph 56 are denied in accordance with Pa.R.C.P. 1029(e). 57. The averments of paragraph 57 are denied in accordance with Pa.R.C.P. 1029(e). 58. The averments in paragraph 58 are legal conclusions to which no responsive pleading is required. To the extent a responsive pleading is determined to be required, they are denied in accordance with Pa.R.C.P. 1029(e). It is further denied that any act or omission of Norfolk Southern, its agents, servants and employees, caused or contributed, either in whole or in part, to the resulting accident and/or any damages claimed to arise therefrom. WHEREFORE, Norfolk Southern Railway Company, incorrectly designated as Norfolk Southern Corporation, Inc., Defendant, demands judgment in its favor and against John Young, Jr. and Jessica Young, Plaintiffs, as to any and all claims set forth in Count III of their Complaint. NEW MATTER 59. The answers set forth in paragraphs 1-58 are incorporated herein by reference. 60. The injuries which Plaintiffs allegedly suffered, either directly or derivatively, were caused, either in whole or in part, by the reckless, willful and wanton conduct of Plaintiff John Young Jr and are barred by the doctrine of contributory negligence. 12 61. Alternatively, the injuries which Plaintiffs allegedly suffered, either directly or derivatively, were caused, either in whole or in part, by the negligent conduct of Plaintiff John Young Jr and are barred by the doctrine of comparative negligence. 62. Plaintiffs' claims are barred by the applicable statute of limitations. 63. Plaintiffs' claims are barred by the doctrine of assumption of risk. 64. The injuries which Plaintiffs allegedly sustained and the damages allegedly resulting therefrom were caused, either in whole or in part, by persons other than Norfolk Southern over which Norfolk Southern had no dominion or control nor duty to exercise such. 65. The acts or omissions of said persons were intervening or superseding causes of Plaintiffs' alleged injuries and damages resulting therefrom. WHEREFORE, Norfolk Southern Railway Company, incorrectly designated as Norfolk Southern Corporation, Inc., Defendant, demands judgment in its favor and against John Young, Jr. and Jessica Young, Plaintiffs, as to any and all claims set forth in their Complaint. CROSSCLAIM Norfolk Southern Railway Company v. Brian Zook 66. In the event it is determined that Plaintiffs suffered injuries and damages as a result of the accident complained of, said allegations being specifically denied by Norfolk Southern, Brian Zook is solely liable to Plaintiffs for said injuries and resulting damages. Alternatively, if it is judicially determined that Norfolk Southern is liable to Plaintiffs for injuries and damages complained of, said liability specifically denied by Norfolk Southern, then Brian Zook is jointly and/or severally liable to Plaintiffs and liable over to Norfolk Southern for contribution and/or indemnity. 13 WHEREFORE, Norfolk Southern Railway Company, incorrectly designated as Norfolk Southern Corporation, Inc., Defendant, demands judgment in its favor and against Brian Zook that he is solely liable to Plaintiffs, or alternatively, that Brian Zook is jointly and/or severally liable to Plaintiffs and liable over to Norfolk Southern Railway Company for contribution and/or indemnity. NAUMAN, SMITH, SHISSLER & HALL, LLP By: (J"?' Craig U#udenmaier, Esquire Supreme !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, improperly designated as Norfolk Southern Corporation, Inc., Defendant Date: May 4, 2012 14 VERIFICATION I, Craig J. Staudenmaier, Esquire, a member of the firm of Nauman, Smith, Shissler & Hall, LLP, attorneys for Norfolk Southern Railway Company, Defendant in the foregoing proceeding, make this verification in behalf of Norfolk Southern Railway Company as its verification cannot be obtained within the time allowed for the filing of this pleading and making the following statement subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsifications to authorities, and do state that as an attorney for Norfolk Southern Railway Company, I am authorized to make this Verification on behalf of Norfolk Southern Railway Company, and do state that the facts set forth in the foregoing Answer of Norfolk Southern Railway Company, Defendant, with New Matter and Crossclaims to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. Craig J. taudenmaier, Esquire Suorem Court ID# 34996 Date: May 4, 2012 15 CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Judy A. Imes, an employee of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing "Notice to Plead" and "Answer with New Matter and Crossclaims of Norfolk Southern Railway Company, Defendant, to Plaintiffs' Complaint" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Lisenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 Brian Zook 1350 Pine Road Carlisle, PA 17015 Date: May 4, 2012 16 -0 % STONE, DUNCAN, & LINSENBACH, PC Jason B. Duncan, Esq. I. D. #87946 Alina M. Dusharm, Esq. I.D. #309861 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 Email: Jason(&StoneDuncan.com AlinaQa StoneDuncan.com 1?. ? YY i'0 j ;? 4.. 7012 MAY 14 PM 1: 45 CUMBERLAND COUNT'f PEhNNSYLYANIA Attorneys for John Young, Jr. and Jessica Young JOHN YOUNG, Jr., and IN THE COURT OF COMMON PLEAS JESSICAYOUNG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, CIVIL ACTION - LAW V. No. / BRIAN ZOOK, and NORFOLK ?? 2 " G SOUTHERN CORPORATION, /' Defendants. Jury Trial Demanded PLAINTIFFS' ANSWER TO DEFENDANT NORFOLK SOUTHERN'S NEW MATTER AND NOW comes Plaintiffs, John Young, Jr. and Jessica Young, by and through their counsel, Alina M. Dusharm, Esq., Jason B. Duncan, Esq., and the firm Stone, Duncan, & Linsenbach, P.C., and in response to the Answer with New Matter and Crossclaims of Norfolk Southern Railway Company, Defendant, to Plaintiff's Complaint, answers as follows: 1-58. Plaintiff incorporates by reference paragraphs 1-58 in their Complaint and Defendants answers thereto as if fully set forth herein. 59. No responsive pleading is required. 60. Denied. The allegations contained in Paragraph 60 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 61. Denied. The allegations contained in Paragraph 61 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 62. Denied. The allegations contained in Paragraph 62 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further answer, Plaintiff s Complaint was filed before the running of the statute of limitations. 63. Denied. The allegations contained in Paragraph 63 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 64. Denied. The allegations contained in Paragraph 64 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 65. Denied. The allegations contained in Paragraph 65 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 66. The allegations contained in Paragraph 66 are legal conclusions plead against Defendant Brian Zook, to which no responsive pleading is required by Plaintiffs under the Pennsylvania Rules of Civil Procedure. If any further response is necessary, Paragraph 66 is specifically denied. WHEREFORE, Plaintiffs, John Young, Jr. and Jessica Young, respectfully requests the relief demanded in the Complaint. RespectfiAy, STONE, DTJNCAN, & LINSENBACH; PC Alina M. Dusharm, Esq. Attorney ID # 309861 Jason B. Duncan, Esq. Attorney ID # 87946 8 N. Baltimore Street Dillsburg, PA 17019 P. (717) 432-2089 F: (717) 432-0158 CERTIFICATE OF SERVICE I, 14 ? ; n,- b nh" A, do certify that I have served a copy of Plaintiffs' Answer to Defendant Norfolk Southern's New Matter upon the following by first class mail: Bret Shafer, Esq. Baric, Scherer, LLC 19 West South Street Carlisle, Pa 17013 Attorney for Brian Zook Craig J. Staudemnaier, Esq. Nauman, Smith, Shissler, & Hall, LLP 200 North Third Street, 18th Floor PO Box 840 Harrisburg, PA 17108-0840 Attorneys for Norfolk Southern DATE: ?5/( o/I &- NE, DUNCAN, , LINS BACH, PC Alina M. Dusharm, Esq. Attorney ID # 309861 Jason B. Duncan, Esq. Attorney ID # 87946 8 N. Baltimore Street Dillsburg, PA 17019 P. (717) 432-2089 F: (717) 432-0158 Attorneys for Plaintiffs NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire $ Supreme Court I.D. No. 34996 Counsel For: Norfolk Squ e n CoTo ration 200 N. 3rd Street, 18th Floor , .. P. O. Box 840 : _ ,.,,I. Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 John Young, Jr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF Plaintiffs V. Brian Zook and Norfolk Southern Corp., Defendants CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-472 Civil Term : Civil Term NORFOLK SOUTHERN CORPORATION'S CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Norfolk Southern Corporation, certifies that: (1) a notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) No objections to the subpoenas have been received; and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. NAUMAN, SMITH, SHISSLER & HALL, LLP By: _ Craig J. nmaier, Esquire Supreme ourt I.D. #34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Corporation, Defendant Dated: May 17, 2012 NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Corporation 200 N. 3rd Street, 18th Floor P. 0. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 John Young, Jr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-472 Civil Term Brian Zook and Norfolk Southern Corp., Civil Term Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Corporation intends to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made the subpoenas may be served. NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. taudenmaier, Esquire Supreme ourt I.D. No. 34996 200 N. 3 Street, 18`h Floor P. 0. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Counsel For: Norfolk Southern Corporation, Defendant Dated: April 26, 2012 CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing Notice of Intent to Serve Subpoenas was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Linsenbach, PC 8 N. Baltimore St Brian Zook 1350 Pine Road Carlisle, PA 17015 Dillsburg, PA 17019 (Counsel for Plaintiff) Sherry A. M y, Paralegal Dated: April 26, 2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young Plaintiff File No. 2012-0472 VS. Brian Zook and Norfolk Southern Corporation Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Frank Noonan, Commissioner of Pennsylvania State Police, Custodian of Records (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 I Staudenmaier, Esquire ADDRESS: Nauman, Smith, Shissler & Hall, LLP 200 N. 3rd St., 18th flr. Harrisburg, PA 17101 TELEPHONE: 717-23&3010 ext 22 SUPREME COURT ID # 3- ATTORNEY FOR: Norfolk Southern Corporation oefawm Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy John Young, Jr. and Jessica Young, Plaintiffs V. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO COMMISSIONER FRANK NOONAN, CUSTODIAN OF RECORDS, PENNSYLVANIA STATE POLICE 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 the Subpoena: Any and all police department records, incident reports, photographs in the possession or under the control of the Pennsylvania State Police relative to a private property ATV crash/criminal trespass incident, State Police Incident Number H02-1914392, on January 30, 2010, in the area of Stuart Road and Pine Road, Dickinson Township, Cumberland County, 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 DATE SPECIFIED ON THE SUBPOENA. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young Plaintiff File No. 2012-0472 VS. Brian Zook and Norfolk Southern Corporation Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn State Milton S. Hershey Medical Center, Medical Records Department (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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: Norman, Smith, Shissler & Hall, LLP 200 N. 3rd St., 18th flr. Harrisburg, PA 17101 TELEPHONE: 717.236.3010 ext 22 SUPREME COURT ID # 3- ATTORNEY FOR: Norfolk Southern Corporation oefmd- Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO PENN STATE MILTON S. HERSHEY MEDICAL CENTER, MEDICAL RECORDS DEPARTMENT 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 the Subpoena: Any and all records in the possession or under the control of the deponent, including electronic medical records (EMRs), electronic health records (EHRs) and electronically stored information (ESI), relative to treatments and services rendered to BRIAN E. ZOOK, DATE OF BIRTH: 5/17/1984; SSN 187-64-1740, including but not limited to, medical, hospital, psychological, mental health and/or drug and alcohol records, 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 DATE SPECIFIED ON THE SUBPOENA. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young Plaintiff VS. Brian Zook and Norfolk Southern Corporation Defendant File No. 2012-0472 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn State Milton S. Hershey Medical Center, Medical Records Department (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 & Hell, LLP 200 N. 3rd St., ISth fir. Harrisburg, PA 17101 TELEPHONE: 717-236.3010 ext 22 SUPREME COURT ID # ;- ATTORNEY FOR: Norfolk Southern Corporation oefaw" BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy John Young, Jr. and Jessica Young, Plaintiffs V. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO PENN STATE MILTON S. HERSHEY MEDICAL CENTER, MEDICAL RECORDS DEPARTMENT 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 the Subpoena: Any and all records in the possession or under the control of the deponent, including electronic medical records (EMRs), electronic health records (EHRs) and electronically stored information (ESI), relative to treatments and services rendered to JOHN A. YOUNG, JR., DATE OF BIRTH: 11/3/1984; SSN 210-70-1140, including but not limited to, medical, hospital, psychological, mental health and/or drug and alcohol records, 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 DATE SPECIFIED ON THE SUBPOENA. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young 2012-0472 Plaintiff File No. VS. Brian Zook and Norfolk Southern Corporation Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Life Lion, Medical Records Department (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 200 N. )rd St., 18th flr. Harrisburg, PA 17101 TELEPHONE: 717-23e-3010ext 22 SUPREME COURT ID # saw ATTORNEY FOR: Norfolk Southern Corporation oerma.et BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy John Young, Jr. and Jessica Young, Plaintiffs V. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-472 Civil Term : Civil Term SUBPOENA DIRECTED TO LIFE LION, LIFE LION DIVISION MEDICAL RECORDS DEPARTMENT 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 the Subpoena: Any and all records in the possession or under the control of the deponent relative to a private property ATV crash/criminal trespass incident on January 30, 2010, in the area of Stuart Road and Pine Road, Dickinson Township, Cumberland County, and treatments and services rendered to BRIAN E. ZOOK, DATE OF BIRTH: 5/17/1984; SSN 187-64-1740, including but not limited to all ambulance service records, accident reports, trip sheets, photographs, video tape(s), and any and all invoices, office notes, records and memoranda, notes of treatment and services rendered 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 DATE SPECIFIED ON THE SUBPOENA. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young Plaintiff VS. Brian Zook and Norfolk Southern Corporation Defendant File No. 2012-0472 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Life Lion, Medical Records Department (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th f1r., Harrisburg, PA 17101 (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 200 N. 3rd St., I Sth fir. Harrisburg, PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID # 3- ATTORNEY FOR: Norfolk Southern Corporation Dercd+u BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy John Young, Jr. and Jessica Young, Plaintiffs V. Brian Zook and Norfolk Southern Corporation, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012-472 Civil Term : Civil Term Defendants SUBPOENA DIRECTED TO LIFE LION, LIFE LION DIVISION MEDICAL RECORDS DEPARTMENT 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 the Subpoena: Any and all records in the possession or under the control of the deponent relative to a private property ATV crash/criminal trespass incident on January 30, 2010, in the area of Stuart Road and Pine Road, Dickinson Township, Cumberland County, and treatments and services rendered to JOHN A. YOUNG, JR., DATE OF BIRTH: 11/3/1984; SSN 210-70-1140, including but not limited to all ambulance service records, accident reports, trip sheets, photographs, video tape(s), and any and all invoices, office notes, records and memoranda, notes of treatment and services rendered 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 DATE SPECIFIED ON THE SUBPOENA. NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Corporation 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717)234 1925 John Young, Jr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2012-472 Civil Term Brian Zook and Norfolk Southern Corp., Civil Term Defendants CERTIFICATE OF SERVICE I hereby certify that I have on the date written below, served a copy of the foregoing "Certificate Prerequisite to Service of Subpoenas" upon counsel of record and unrepresented parties by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Linsenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 (Counsel for Plaintiff) Brian Zook 1350 Pine Road Carlisle, PA 17015 i Sherry A. ay, Parale 1 Dated: May 17, 2012 JOHN YOUNG, Jr., and JESSICAYOUNG, PENNSYLVANIA Plaintiffs, V. BRIAN ZOOK, and NORFOLK SOUTHERN CORPORATION, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW H"7.1 4.,r5 No. 2012-9" Jury Trial Demanded PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: M0 .rn 3 r -- Please enter judgment in favor of Plaintiff and against Defendant BRIAN ZOOK., for an amount determined by the court through a hearing on the issue of damages, together with interest, any legal fees, plus costs to be determined. A Ten Day Notice of Default is attached hereto and made a part hereof, marked as Exhibit "A". I hereby certify that the name and last known address of the proper person against whom judgment should be entered under Pa.R.Civ.P. 236 is: Brian Zook 1350 Pine Road Carlisle, PA 17015 It is certified that a written notice of intention to file this praecipe was mailed to Defendant Brian Zook, last known address against whom judgment is to be entered after the default occurred and at least 10 days prior to the date of the filing of this praecipe. Respectfully submitted, STONE, DUNCAN & LINSENBACH, P.C. Date: June 11, 2012 Alifia M. Dushafm, Esquire" Attorney I.D. No. 309861 8 North Baltimore Street Dillsburg, PA 17019 Ph: (717) 432-2089 Fx: (717) 432-0158 Attorney for Plaintiff !G S 7??,r JOHN YOUNG, Jr., and JESSICAYOUNG, PENNSYLVANIA Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW V. BRIAN ZOOK, and NORFOLK SOUTHERN CORPORATION, Defendants. No. 2012-326 Jury Trial Demanded NOTICE OF ENTRY OF JUDGMENT TO: BRIAN ZOOK You are hereby notified that on /r • // • /-?, , the following judgment has been entered against you in Cumberland County for an amount determined by the court through a hearing on the issue of damages, together with interest, any legal fees, plus costs to be determined. A copy of all documents filed with the Prothonotary in support of the within jud ent are enclos . Date: I hereby certify that the names and last known address of the proper person to receive this notice under Pa.R.Civ.P. 236 is: Brian Zook 1350 Pine Road Carlisle, PA 17015 Respectfully submitted, STONE, DUNCAN & LINSENBACH, P.C. - 4 - /P/-- z?l' Alina . Dusharm Esquire Attorney I.D. No. 309861 8 North Baltimore Street Dillsburg, PA 17019 Ph: (717) 432-2089 Fx: (717) 432-0158 Attorney for Plaintiff JOHN YOUNG, Jr., and JESSICAYOUNG, PENNSYLVANIA Plaintiffs, V. BRIAN ZOOK, and NORFOLK SOUTHERN CORPORATION, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW No. 2012-326 Jury Trial Demanded CERTIFICATE OF RESIDENCE PA.R.CIV.P.236 I, Alina M. Dusharm, Esquire, hereby certify that the precise residence of Plaintiff is: John & Jessica Young 65 May Drive Dillsburg, PA 17019 And certify that the last known address of the within Defendant, Brian Zook, is: Brian Zook 1350 Pine Road Carlisle, PA 17015 Date: June 11, 2012 Respectfully submitted, STONE, DUNCAN & LINSENBACH, P.C. Ali". Dusharm, squire Attorney I.D. No. 309861 8 North Baltimore Street Dillsburg, PA 17019 Ph: (717) 432-2089 Fx: (717) 432-0158 Attorney for Plaintiff EXHIBIT "A" JOHN YOUNG, Jr., and JESSICAYOUNG, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. BRIAN ZOOK, and NORFOLK SOUTHERN CORPORATION, Defendants. TO: Brian Zook 1350 Pine Road Carlisle, PA 17015 cc: Bret Shaffer, Esq. No. 2012-326 Jury Trial Demanded DATE: May 25, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 STONE UNCAN & LINSENBACH, P.C. Alina M. Dusharni, Esquire (#30 861) 8 N. Baltimore Street Dillsburg, PA 17019 Telephone: (717) 432-2089 Fax: (717) 432-0158 JOHN YOUNG, JR. AND JESSICA YOUNG, Plaintiffs V. BRIAN ZOOK AND NORFOLK SOUTHERN CORPORATION, INC., Defendants IN THE COURT OF COMMON PLEAS-OF,,, CUMBERLAND COUNTY, PENNSYUAI EA No. 2012-472 : t=3 .- Civil Term mac; ANSWER OF BRIAN ZOOK TO THE NEW MATTER AND CROSSCLAIM OF NORFOLK SOUTHERN CORPORATION, INC. NOW comes Defendant Brian Zook, by and through his attorneys, Baric Scherer LLC, and files the following Answer to the New Matter and Crossclaim of Norfolk Southern Corporation, Inc. as follows: NEW MATTER 59. The averments set forth in paragraphs 1-58 are directed to a party other than Brian Zook, therefore no responsive pleading is required. 60. The averments set forth in paragraph 60 are directed to a party other than Brian Zook, therefore no responsive pleading is required. Furthermore, the averments in paragraph 60 are legal conclusions to which no responsive pleading is required. If it is deemed that a response is required, Defendant Brian Zook, after reasonable investigation, lacks knowledge or information sufficient to form a belief about the truth of these averments, and they are therefore denied. 61. The averments set forth in paragraph 61 are directed to a party other than Brian Zook, therefore no responsive pleading is required. Furthermore, the averments in paragraph 61 are legal conclusions to which no responsive pleading is required. If it is deemed that a response is required, Defendant Brian Zook, after reasonable investigation, lacks knowledge or information sufficient to form a belief about the truth of these averments, and they are therefore denied. 62. The averments set forth in paragraph 62 are directed to a party other than Brian Zook, therefore no responsive pleading is required. Furthermore, the averments in paragraph 62 are legal conclusions to which no responsive pleading is required. If it is deemed that a response is required, Defendant Brian Zook, after reasonable investigation, lacks knowledge or information sufficient to form a belief about the truth of these averments, and they are therefore denied. 63. The averments set forth in paragraph 63 are directed to a party other than Brian Zook, therefore no responsive pleading is required. Furthermore, the averments in paragraph 63 are legal conclusions to which no responsive pleading is required. If it is deemed that a response is required, Defendant Brian Zook, after reasonable investigation, lacks knowledge or information sufficient to form a belief about the truth of these averments, and they are therefore denied. 64. The averments in paragraph 64 are legal conclusions to which no responsive pleading is required. Furthermore, the averments in paragraph 64 are legal conclusions to which no responsive pleading is required. If it is deemed that a response is required, Defendant Brian Zook, after reasonable investigation, lacks knowledge or information sufficient to form a belief about the truth of these averments, and they are therefore denied. 65. The averments in paragraph 65 are legal conclusions to which no responsive pleading is required. If it is deemed that a response is required, Defendant Brian Zook, after reasonable investigation, lacks knowledge or information sufficient to form a belief about the truth of these averments, and they are therefore denied. CROSSCLAIM Norfolk Southern Railway Company v. Brian Zook 66. The averments in paragraph 66 are legal conclusions to which no responsive pleading is required. If it is deemed that a response is required, Brian Zook denies that he is solely liable to Plaintiffs and that he is liable over to Norfolk Southern for contribution and/or indemnity. As to whether Brian Zook is jointly and/or severally liable to Plaintiffs, Defendant Brian Zook, after reasonable investigation, lacks knowledge or information sufficient to form a belief about the truth of these averments, and they are therefore denied. WHEREFORE, Brian Zook, Defendant, demands judgment in his favor and against Norfolk Southern Railway Company, incorrectly designated as Norfolk Southern Corporation, Inc. Respectfully submitted, BARIC SCHERER LLC Date: X ret P. Shaff q. I.D. 309180 19 West South Street, Carlisle, PA 17013 717-249-6873 717-249-5755 (fax) Attorney for Defendant Brian Zook VERIFICATION I verify that the statements made in the foregoing Answer to the New Matter and Crossclaim of Norfolk Southern Corporation, Inc. are true and correct to the best of my knowledge, information, and belief. This verification is signed by Bret P. Shaffer, Esquire, Attorney for Defendant Brian Zook and is based upon the statements provided by Defendant, as well as documents reviewed by the undersigned as attorney for Defendant. This verification will be supplemented by a verification signed by Defendant, who is presently unavailable to sign said verification. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. et P. Shaffer, Esquire eol Dated: CERTIFICATE OF SERVICE I, Bret P. Shaffer, Esq., do certify that I have served a copy of the Answer to the New Matter and Crossclaim of Norfolk Southern Corporation, Inc. on the following by first class mail: Jason B. Duncan, Esq. Alina M. Dusharm, Esq. 8 N. Baltimore St. Dillsburg, PA 17019 Attorneys for Plaintiffs Craig J. Staudenmaier, Esq. P.O. Box 840 Harrisburg, PA 17108 Attorney for Defendant Norfolk Southern Corp. Date: Bret P. haffe , sq. I.D. 309180 19 West South Street, Carlisle, PA 17013 717-249-6873 717-249-5755 (fax) Attorney for Defendant Brian Zook FILED-OFME 0"'. THE PROTHONOTARY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA u12 JU1 12 PM13: 34 C"l,"18ERLAND COUNTY PENNSYLVANIA JOHN YOUNG, Jr., and JESSICAYOUNG, Plaintiffs, V. BRIAN ZOOK, and NORFOLK SOUTHERN CORPORATION, Defendants. CIVIL ACTION - LAW y-?A No. 2012-326- Jury Trial Demanded PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF A GUARDIAN AND NOW COMES Plaintiff Jessica Young, by and through their attorneys and her by petitions for an adjudication of incapacity and appointment of guardianship under 20 P.S. §55 1, 5512 and 5512.1, and, in support thereof, represents as follows: 1. The name of the alleged incapacitated person is John Young, Jr. 2. John Young, Jr. is a 27 year old male, who currently lives with his wife, Young, who is his full-time caretaker, in Dillsburg, Pennsylvania. 3. John was injured with permanent brain injuries on January 30, 2010 when he involved in an accident while riding on the back of an ATV with Defendant Brian Zook. 4. Since the incident, John has been receiving extensive medical treatment throug a variety of medical practitioners, including the Hershey Medical Center and Veteran's Affairs. 5. On or about May 6, 2010, John executed a Power of Attorney in which he his wife, Jessica Young, as his Attorney-in-Fact, with no successor appointed. 5. Jessica Young has continued to act as John's Attorney-in-Fact and wishes to continue to act as a guardian for her husband, John. 6. John's lasting injuries include: severe brain damage, memory loss, and on the left side of his body, oculomotor nerve palsy, and speech difficulty. 7. John is unable to fully remember and make intelligent decisions regarding finances due to his severe brain damage. 8. John is incapable due to his injuries to fully handle his personal and finan?ial affairs. He has been, and continues to be, incapable of caring for himself without assistant as well as making financial decisions for himself. 9. Jessica Young desires to serve as guardian for her husband so that she can medical, financial and legal decisions for John while he is incapacitated. 10. No other Court within this Commonwealth, of which Petitioners have know has appointed a guardian for John Young, Jr. 11. Because of John's partial or full incapacity, Plaintiffs seek a guardian to be appointed to handle John's personal affairs, which John has been incapable of handling since is injury on January 30, 2010. 12. Attached hereto as Exhibit "A" is a recent report by the Department of Veteran's. Affairs, which was performed to evaluate John's fimctional and cognitive abilities in order to make a diagnosis of Post Traumatic Stress Disorder ("PTSD"). Although this report is purposed for determining PTSD, it effectively outlines John's cognitive impairments. The report makes the following determinations: a. John has been diagnosed and is suffering from a Traumatic Brain Injury renders him total occupational and social impairment. b. John is currently incapable of caring for himself, and his wife is his caregiver. c. John is not able to work because of his cognitive and physical limitations. 13. Since January 2010, Jessica Young has handled all of John's personal, financial, and legal affairs as his wife and caregiver. 14. The type of guardianship sought over John Young, Jr. is plenary as he has unable to make financial decisions for himself since January 2010, and Jessica has been under the authority given to her under John's POA since May 2010. 15. Petitioner's have been in contact with John's mother, Rhonda Cox, and she not desire at this time to serve as guardian of her son but does desire to serve as a succ guardian in the event that Jessica Young is unable or unwilling to act as guardian in the fi Ms. Cox does not oppose the appointment of Jessica as plenary guardian of John. 16. Jessica Young is qualified to act as a guardian on John's behalf by virtue of fact that she has already been serving in this capacity since January 2010 and under the autho given to her by her appointment as Agent for John under the POA. 17. Jessica Young has no interests which are adverse to her husband, John's. 2 WHEREFORE the Petitioners ra that John Young Jr show cause if there be why John Young, Jr. should not be declared an incapacitated person and Jessica Young be appointed as a plenary guardian of his person and estate. Respectfully submitted, Stone, Duncan, & Linsenbach, P.C. Dated: 7/ I O/ 102 By: A a M. Dush , Esq. Attorney No. 309861 Jason B. Duncan, Esq. Attorney No. 87946 8 N. Baltimore Street Dillsburg, PA 17109 (717) 432-2089 Attorneys for Plaintiffs 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN YOUNG, Jr., and JESSICAYOUNG, Plaintiffs, V. BRIAN ZOOK, and NORFOLK SOUTHERN CORPORATION, Defendants. CIVIL ACTION - LAW No. 2012-326 Jury Trial Demanded CONSENT OF PROPOSED GUARDIAN Jessica Young does hereby certify that she is willing to act as Guardians of John Young, an alleged incapacitated person effective immediately, if the Court shall so appoint. Further, Jessica Young does hereby certify that she is not fiduciaries of any estate in which John has an interest, nor does she have any interest currently adverse to the alleged incapacitated person. Dated: 7- 10 1Z Jessica Young IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN YOUNG, Jr., and JESSICAYOUNG, Plaintiffs, V. CIVIL ACTION - LAW No. 2012-326 BRIAN ZOOK, and NORFOLK SOUTHERN CORPORATION, Defendants. Jury Trial Demanded CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day I have served a true and correct copy of foregoing Petition for Appointment of a Guardian upon the following persons by first-class m NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esq. 200 North Third Street P.O. Box 840 Harrisburg, PA 17108-0840 cjstaud@nssh.com BARIC, SCHERER, LLC Bret P. Shaffer, Esq. 19 West South Street Carlisle, PA 17013 bshaffer@baricscherer.com Dated: -7/ 10/ I a / ? - /'t/ I ? TzlL Al M. Dush quire Attorney for titioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN YOUNG, Jr., and JESSICAYOUNG, Plaintiffs, V. BRIAN ZOOK, and NORFOLK SOUTHERN CORPORATION, Defendants. CIVIL ACTION - LAW No. 2012-326 Jury Trial Demanded VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing document e true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Dated: t/ I ,,a ? Jessica Young Exhibit A DEPARTMENT OF VETERANS AFFAIRS JESSICA YOUNG 65 MAY DR DILLSBURG, PA 17019 RE: ROI Request for JOHN ANDREW YOUNG Dear JESSICA YOUNG: VA Medical Center 1700 South Lincoln Avenue Mail Stop: 136DS Lebanon,Pa 17042 DATE: 511712012 In Reply Refer To 136DS SSN. 1140 The information listed below is furnished In response to your recent request under the Privacy Act and 45 CFR Part 164. This individually identifiable information is privileged. Its confidentiality should be maintained along with appropriate security safeguards to protect against individual harm (identity theft), embarrassment, or inconvenience. We thank you for your support of our mission. If you wish to discuss anything in this letter with me, please contact me at 717-228-6145. Sincerely, Tonya Hromco Medical Records Supervisor Progress Notes Printed On May 17, 2012 LOCAL TITLE: COMPENSATION & PENSION NOTE STANDARD TITLE: C & P EXAMINATION NOTE DATE OF NOTE: MAY 02, 2012@14:00 ENTRY DATE: MAY 03, 2012@11:39:56 AUTHOR: STEPHENS,ROBERT G EXP COSIGNER: URGENCY: STATUS: COMPLETED Initial Post Traumatic Stress Disorder (PTSD) Disability Benefits Questionnaire * Internal VA or DoD Use Only * Name of patient/Veteran: Young, John Andrew Jr. This form is for use only by VHA, DoD, and VBA staff and contract psychiatrists or psychologists who have been certified to perform Initial PTSD Evaluations. VA will consider the information you provide on this questionnaire as part of their evaluation in processing the Veteran's claim. Please note that this questionnaire is for disability evaluation, not for treatment purposes. NOTE: If the Veteran experiences a mental health emergency during the interview, please terminate the interview and obtain help, using loc 1 resources as appropriate. You may also contact the Veterans Crisis L n at 1-800-273-TALK(8255). Stay on the Crisis Line until help can link the Veteran to emergency care. In order to conduct an initial examination for PTSD, the examiner must mee one of the following criteria: a board-certified or board-eligible psychiatrist; a licensed doctorate-level psychologist; a doctorate-level mental health provider under the close supervision of a board-certified or board-eligible psychiatrist or licensed doctorate-level psychologist; a psychiatry resident under close supervision of a board-certified or board-eligible psychiatrist or licensed doctorate-level psychologist; or a clinical or counseling psychologist completing a one-year internship or residency (for purposes of a doctorate-level degree) under close supervisi of a board-certified or board-eligible psychiatrist or licensed doctorate-level psychologist. SECTION I: 1. Diagnostic Summary This section should be completed based on the current examination and clinical findings. Does the Veteran have a diagnosis of PTSD that conforms to DSM-IV criteria based on today's evaluation? [ ] Yes [X] No PATIENT NAME AND ADDRESS (Mechanical Imprinting, If available) YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 210701140 VISTA Electronic Medical Documentation Printed at LEBANON VAMC Progress Notes ICD code: If no diagnosis of PTSD, check all that apply: Printed On May 11, 2012 [X] Veteran's symptoms do not meet the diagnostic criteria for PTSD under DSM-IV criteria [ ] Veteran does not have a mental disorder that conforms with DSM-IV criteria [X] Veteran has another Axis I and/or II diagnosis. Continue to comple e this Questionnaire and/or the Eating Disorders Questionnaire. 2. Current Diagnoses a. Diagnosis #1: Adjustment Disorder with Depression ICD code: 309.0 Indicate the Axis category: [X] Axis I [ ] Axis II Comments, if any: The Veteran endorsed the following symptoms over the last two weeks: Severe symptoms Loss of Pleasure, Punishment Feelings, Self-Criticalness, Cryi Loss of Interest Moderate symptoms Sadness, Pessimism, Self-Dislike, Agitation, Indecisiveness, Worthlessness Loss of Energy, Changes In Sleeping Pattern (less), Irritabilit Concentration Difficulty, Tiredness Or Fatigue Mild symptoms Past Failure, Guilty Feelings, Suicidal Thoughts Or Wishes, Changes In Appetite (less) The Veteran's symptoms are consistent with severe depression. In y clinical opinion, the Veteran's symptoms are a direct result of a four-wheeler accident that occurred in January 2010, thirty days after the Veteran had returned from a deployment in Iraq with the national guard. As the symptoms are directly tied to this event, the diagnosis that best captures the Veteran's current clinical presentation is an adjustment disorder with depression. As far as a diagnosis of PTSD, the Veteran is not cognitively capable (as a result of accident noted above), of providing information to examiner that would substantiate a diagnosis. Also, the Veteran's wife, who accompanied him to the evaluation, does not report sufficient evidence to substantiate a diagnosis of PTSD, at the PATIENT NAME AND ADDRESS (Mechanical Imprinting, If available) YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 210701140 VISTA Electronic Medical Documentation Printed at LEBANON VAMC Progress Notes Printed On May I7, 2012 time of today's assessment. Finally, all available records are silent for any evidence that would substantiate a diagnosis of PTSD. As such, it is the examiner's opinion that he could not render an opinion as to whether the Veteran does or does not h PTSD without resorting to mere speculation. Diagnosis #2: ICD code: Indicate the Axis category: [ ] Axis I [ ] Axis II Comments, if any: Diagnosis #3: ICD code: Indicate the Axis category: [ ] Axis I [ ] Axis II Comments, if any: Diagnosis #4: ICD code: Indicate the Axis category: [ ] Axis I [ ] Axis II Comments, if any: If additional diagnoses, describe (using above format); b. Axis III - medical diagnoses (to include TBI): TBI (diagnosed at VAMC in May 2011. ICD code: Comments, if any: c. Axis IV - Psychosocial and Environmental Problems (describe, if any): inability to perform ADLs without significant help, poor impulse control, labile mood, and volatility impacting interpersonal functioning, lack of support system outside of immediate family, inability to derive pleasure from activities. d. Axis V - Current global assessment of functioning (GAF) score: 35 Comments, if any: The Veteran's GAF score is indicative of major impairment in his social and occupational functioning. 3. Differentiation of symptoms a. Does the Veteran have more than one mental disorder diagnosed? [X] Yes [ ] No If yes, complete the following question: PATIENT NAME AND ADDRESS (Mechanical imprinting, if available) YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 210701140 VISTA Electronic Medical Documentation Printed at LEBANON VAMC Progress Notes Printed On May I7, 2012 b. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis? [ ) Yes [X) No [ ] Not applicable (N/A) If no, provide reason that it is not possible to differentiate what portion of each symptom is attributable to each diagnosis: In my clinical opinion, given the overlap between the Veteran's mood symptoms and his previously diagnosed TBI, it is not possible to differentiate what portion of the Veteran's occupational and social impairment is attributable to each diagnosis without resorting to mere speculation. If yes, list which symptoms are attributable to each diagnosis: C. Does the Veteran have a diagnosed traumatic brain injury (TBI) ? [X] Yes [ ) No [ ] Not shown in records reviewed Comments, if any: Diagnosed with TBI at Lebanon VAMC secondary to four-wheeler accident If yes, complete the following question: d. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis? [ ] Yes [X] No [ ] Not applicable (N/A) If no, provide reason that it is not possible to differentiate what portion of each symptom is attributable to each diagnosis: In my clinical opinion, given the overlap between the Veteran's mood symptoms and his previously diagnosed TBI, it is not possib to differentiate what portion of the Veteran's occupational and social impairment is attributable to each diagnosis without resorting to mere speculation. If yes, list which symptoms are attributable to each diagnosis: 4. Occupational and social impairment a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [ ] No mental disorder diagnosis [ ] A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication PATIENT NAME AND ADDRESS (Mechanical Imprinting, If available) YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 210701140 VISTA Electronic Medical Documentation Printed at LEBANON VAMC Progress Notes Printed On May 14 2012 [ ) Occupational and social impairment due to mild or transient symptol which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by medication [ ] Occupational and social impairment with occasional decrease in worl efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care and conversation [ ] Occupational and social impairment with reduced reliability and productivity [ ] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or n [X] Total occupational and social impairment b. For the indicated level of occupational and social impairment, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by each mental disorder? [ ] Yes [X] No [ ] No other mental disorder has been diagnosed If no, provide reason that it is not possible to differentiate what portion of the indicated level of occupational and social impairmen is attributable to each diagnosis: In my clinical opinion, given the overlap between the Veteran's mood symptoms and his previously diagnosed TBI, it is not possib. to differentiate what portion of the Veteran's occupational and social impairment is attributable to each diagnosis without resorting to mere speculation. If yes, list which portion of the indicated level of occupational social impairment is attributable to each diagnosis: c. If a diagnosis of TBI exists, is it possible to differentiate what port of the occupational and social impairment indicated above is caused by TBI? [ ] Yes [X] No [ ] No diagnosis of TBI If no, provide reason that it is not possible to differentiate what portion of, the indicated level of occupational and social impairmen is attributable to each diagnosis: In my clinical opinion, given the overlap between the Veteran's mood symptoms and his previously diagnosed TBI, it is not possib to differentiate what portion of the Veteran's occupational and social impairment is attributable to each diagnosis without resorting to mere speculation. If yes, list which portion of the indicated level of occupational social impairment is attributable to each diagnosis: PATIENT NAME AND ADDRESS (Mechanical Imprinting, If available) YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 210701140 VISTA Electronic Medical Documentation Printed at LEBANON VAMC Progress Notes Printed On may 17 2012 SECTION II: Clinical Findings: 1. Evidence review In order to provide an accurate medical opinion, the Veteran's claims fold r must be reviewed. a. Records reviewed (check all that apply): [X] Claims folder (C-file): [X] Yes [ ] No. If no, provide reason C-file was not.reviewed: [X] Other, please describe: VA electronic medical record, review of administered psychomet assessment tools (Beck Depression Inventory-II). The Veteran's scores on the Beck Depression Inventory-II are listed below: 210-70-1140 YOUNG,JOHN ANDREW JR M AGE 27 05/02/2012 05/02/2012 PRINTED ENTERED *** Beck Depression.Inventory-II *** SCALE RAW Total 41 severe Severe symptoms toss of Pleasure, Punishment Feelings, Self-Criticalness, Cryi Loss of Interest Moderate symptoms Sadness, Pessimism, Self-Dislike, Agitation, Indecisiveness, Worthlessness Loss of Energy, Changes In Sleeping Pattern (less), Irritabilit Concentration Difficulty, Tiredness Or Fatigue Mild symptoms Past Failure, Guilty Feelings, Suicidal Thoughts Or Wishes, Changes In Appetite (less) PATIENT NAME AND ADDRESS (Mechanical Imprinting, If available) YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 210701140 VISTA Electronic Medical Documentation Printed at LEBANON VAMC Progress Notes Printed On May IT, 2012 *** Beck Depression Inventory-II *** The Veteran's scores are consistent with severe depression. As previously noted, it is the examiner's opinion that the Vetera 's mood symptoms are a direct result of the four-wheeler accident that occurred shortly after his return from a deployment in Iraq in January 2010, while still a member of the national guard. ( ] No records were reviewed b. Was pertinent information from collateral sources reviewed? [X] Yes [ ] No If yes, describe: The Veteran's wife attended the interview with the Veteran and provided additional information to examiner. 2. History a. Relevant Social/Marital/Family history (pre-military, military, and post-military): The Veteran was born and raised to an intact family. He reports that his parents divorced when he was nineteen. The Veteran denies any history of emotional or physical abuse. The Veteran entered the national guard in high school and is still a member as of the time o this report. The Veteran report two deployments one to help with the clean up of hurricane Katrina and one in Iraq between 2008-2009. As previously mentioned, he was unable to give any information to _ establish stressors, as a result of the injuries sustained from a four-wheeler accident in January 2010, shortly after his return from deployment. The Veteran is married and has no children. Currently, h is incapable of caring for himself and his wife is his primary caregiver. b. Relevant Occupational and Educational history (pre-military, military, and post-military): The Veteran is not able to work as a result of his cognitive and physical limitations. He is receving social security disability. c. Relevant Mental Health history, to include prescribed medications and family mental health (pre-military, military, and post-military) : The Veteran denies any history of mental health issues or problems prior to the four-wheeler accident in January 2010. Currently, he is _ followed by a psychologist and a psychiatrist at the Camp Hill CBOC of the Lebanon VAMC. d. Relevant Legal and Behavioral history (pre-military, military, and PATIENT NAME AND ADDRESS (Mechanical ImprlnUng, If available) VISTA Electronic Medical Documentation YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 Printed at LEBANON VAMC 210701140 Progress Notes Printed On May I7, 2012 post-military): Nothing reported by Veteran, nor reflected in the available records, of significance in this realm. e. Relevant Substance abuse history (pre-military, military, and post-military): Nothing reported by Veteran, nor reflected in the available records, of significance in this realm. f. Sentinel Event(s) (other than stressors): g. Other, if any: 3. Stressors The stressful event can be due to combat, personal trauma, other life threatening situations (non-combat related stressors). NOTE: For VA purposes, "fear of hostile military or terrorist activity" me that a veteran experienced, witnessed, or was confronted with an eve or circumstance that involved actual or threatened death or serious injury, or a threat to the physical integrity of the veteran or othe such as from an actual or potential improvised explosive device; vehicle-imbedded explosive device; incoming artillery, rocket, or mortar fire; grenade; small arms fire, including suspected sniper fi or attack upon friendly military aircraft, and the veteran's respons to the event or circumstance involved a psychological or psycho-physiological state of fear, helplessness, or horror. Describe one or more specific stressor event(s) the Veteran considers traumatic (may be pre-military, military, or post-military): a. Stressor #1: Does this stressor meet Criterion A (i.e., is it adequate to support the diagnosis of PTSD)? [ I Yes [ I No Is the stressor related to the Veteran's fear of hostile military or terrorist activity? [ I Yes [ ) No If no, explain: b. Stressor #2: Does this stressor meet Criterion A (i.e., is it adequate to support the diagnosis of PTSD)? PATIENT NAME AND ADDRESS (Mechanical Imprinting, If available) YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 210701140 VISTA Electronic Medical Documentation Printed at LEBANON VAMC Progress Notes [ ] Yes [ ] No Printed On May 11, 2012 Is the stressor related to the Veteran's fear of hostile military terrorist activity? [ ] Yes [ ] No If no, explain: c. Stressor #3: Does this stressor meet Criterion A (i.e., is it adequate to support the diagnosis of PTSD)? [ ] Yes [ ] No Is the stressor related to the Veteran's fear of hostile military or terrorist activity? [ ] Yes [ ] No If no, explain: d. Additional stressors: If additional stressors, describe (list using the above sequential format): 4. PTSD Diagnostic Criteria a. Please check criteria used for establishing the current PTSD diagnosis. The diagnostic criteria for PTSD, referred to as Criteria A-F, are from the Diagnostic and Statistical Manual of Mental Disorders, 4th edition (DSM-IV). Criterion A: The Veteran has been exposed to a traumatic event where be of the following were present: [ ] The Veteran experienced, witnessed or was confronted with an eve that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or others. [ ] The Veteran's response involved intense fear, helplessness or horror. [X] No exposure to a traumatic event. Criterion B: The traumatic event is persistently reexperienced in 1 or more of the following ways: [ ] Recurrent and distressing recollections of the event, including images, thoughts or perceptions [ ] Recurrent distressing dreams of the event [ ] Acting or feeling as if the traumatic event were recurring; this includes a sense of reliving the experience, illusions, hallucinations and dissociative flashback episodes, including th that occur on awakening or when intoxicated PATIENT NAME AND ADDRESS (Mechanical Imprinting, if available) YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 210701140 I VISTA Electronic Medical Documentation Printed at LEBANON VAMC e Progress Notes Printed On May 14 2012 [ ] Intense psychological distress at exposure to internal or exter cues that symbolize or resemble an aspect of the traumatic even [ ) Physiological reactivity on exposure to internal or external cu that symbolize or resemble an aspect of the traumatic event [X] The traumatic event is not persistently reexperienced Criterion C: Persistent avoidance of stimuli associated with the traumE and numbing of general responsiveness (not present before trauma), as indicated by 3 or more of the following: [ ] Efforts to avoid thoughts, feelings or conversations associated with the trauma [ ] Efforts to avoid activities, places or people that arouse recollections of the trauma [ ] Inability to recall an important aspect of the trauma [ ] Markedly diminished interest or participation in significant activities [ ] Feeling of detachment or estrangement from others ( ] Restricted range of affect (e.g., unable to have loving feelings [ ] Sense of a foreshortened future (e.g., does not expect to have a career, marriage, children or a normal life span) [X] No persistent avoidance of stimuli associated with the trauma or numbing of general responsiveness Criterion D: Persistent symptoms of increased arousal, not present be the trauma, as indicated by 2 or more of the following: [X] Difficulty falling or staying asleep [X] Irritability or outbursts of anger [X] Difficulty concentrating [ ] Hypervigilance [ ] Exaggerated startle response [ ] No persistent symptoms of increased arousal Criterion E: [ ] The duration of the symptoms described above in Criteria B, C an D is more than 1 month. ( ] The duration of the symptoms described above in Criteria B. C an D is less than 1 month. [X] Veteran does not meet full criteria for PTSD Criterion F: [ ] The PTSD symptoms described above cause clinically significant distress or impairment in social, occupational, or other import areas of functioning. [ ] The PTSD symptoms described above do NOT cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. [X] Veteran does not meet full criteria for PTSD PATIENT NAME AND ADDRESS (Mechanical Imprinting, if available) YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 210701140 VISTA Electronic Medical Documentation Printed at LEBANON VAMC Progress Notes Printed On May 17J 2012 b. Which stressor(s) contributed to the Veterans PTSD diagnosis?: [ ] Stressor #1 [ ] Stressor #2 [ ] Stressor #3 [ ] Other, please indicate stressor number (i.e. stressor #4, #5, etc.) as indicated above): 5. Symptoms For VA rating purposes, check all symptoms that apply to the Veterans diagnoses: [X] Depressed mood [X] Anxiety [X] Suspiciousness [ ] Panic attacks that occur weekly or less often [ ] Panic attacks more than once a week [ ] Near-continuous panic or depression affecting the ability to functi independently, appropriately and effectively [X] Chronic sleep impairment [X] Mild memory loss, such as forgetting names, directions or recent events [XI Impairment of short- and long-term memory, for example, retention o only highly learned material, while forgetting to complete tasks [ ] Memory loss for names of close relatives, own occupation, or own na [X] Flattened affect [ ] Circumstantial, circumlocutory or stereotyped speech [X] Speech intermittently illogical, obscure, or irrelevant [X] Difficulty in understanding complex commands [X] Impaired judgment [X] Impaired abstract thinking [ ] Gross impairment in thought processes or communication [X] Disturbances of motivation and mood [X] Difficulty in establishing and maintaining effective work and socia, relationships [X] Difficulty in adapting to stressful circumstances, including work o: worklike setting [X] Inability to establish and maintain effective relationships [ ] Suicidal ideation [ ] Obsessional rituals which interfere with routine activities [X] Impaired impulse control, such as unprovoked irritability with peri< of violence [ ] Spatial disorientation [ ) Persistent delusions or hallucinations [X] Grossly inappropriate behavior [ ] Persistent danger of hurting self or others [ ] Neglect of personal appearance and hygiene [X] Intermittent inability to perform activities of daily living, PATIENT NAME AND ADDRESS (Mechanical Imprinting, If available) VISTA Electronic Medical Documentation YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 Printed at LEBANON VAMC 210701140 a Progress Notes Printed On May 17, including maintenance of minimal personal hygiene [ ] Disorientation to time or place 6. Other symptoms Does the Veteran have any other symptoms attributable to PTSD (and other mental disorders) that are not listed above? [ ] Yes [X] No If yes, describe: 7. Competency Is the Veteran capable of managing his or her financial affairs? [X] Yes [ ] No If no, explain: 8. Remarks, if any Based on information derived from a clinical interview, review of available records, and review of administered psychometric assessment tools, it is the opinion of this examiner that a diagnosis of PTSD canno: be rendered on this Veteran without resorting to mere speculation. As a result of injuries sustained from a four-wheeler accident in January 201), the Veteran is not cogntively capable of providing information that woul substantiate a diagnosis of PTSD. The Veteran's wife, who accompanied hi to today's evaluation, could not provide sufficient evidence to substantiate a diagnosis of PTSD. Finally, the available records are silent for any information that could be used to substantiate a diagnos of PTSD. Although the Veteran does not meet diagnostic criteria for PTSD he is, in the opinion of this examiner, suffering from an Adjustment Disorder with depression. Further, it is the opinion of this examiner, that it is as least as likely as not that said adjustment disorder is a direct result of, or caused by, the four-wheeler accident that occurred in January 2010 while the Veteran was a member of the national guard. Per his report, this incident occurred within thirty days of the Veteran returni.g from a deployment in Iraq. The Veteran's depressive symptoms are causing major impairment in his psychosocial functioning and resultant quality o life. NOTE: VA may request additional medical information, including additional examinations if necessary to complete VA's review of the Veteran's application. /es/ Robert G Stephens IV, Ph.D. Staff Psychologist PATIENT NAME AND ADDRESS (Mechanical Imprinting, If available) YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 210701140 VISTA Electronic Medical Documentation Printed at LEBANON VAMC 2 Progress Notes Signed: 05/03/2012 11:39 Printed On May 11, 2012 LOCAL TITLE: MENTAL HEALTH DIAGNOSTIC STUDY NOTE STANDARD TITLE: MENTAL HEALTH DIAGNOSTIC STUDY NOTE DATE OF NOTE: MAY 02, 2012@15:24:04 ENTRY DATE: MAY 02, 2012@15:24:04 AUTHOR: STEPHENS,ROBERT G EXP COSIGNER: URGENCY: STATUS: COMPLETED 210-70-1140 YOUNG,JOHN ANDREW JR M AGE 27 05/02/2012 05/02/2012 PRINTED ENTERED *** Beck Depression Inventory-II *** S CAL E RAW Total 41 severe Severe symptoms Loss of Pleasure, Punishment Feelings, Self-Criticalness, Crying Loss of Interest Moderate symptoms Sadness, Pessimism, Self-Dislike, Agitation, Indecisiveness, Worthlessness Loss of Energy, Changes In Sleeping Pattern (less), Irritability Concentration Difficulty, Tiredness Or Fatigue Mild symptoms Past Failure, Guilty Feelings, Suicidal Thoughts Or Wishes, Changes In Appeti e (less) *** Beck Depression Inventory-II *** ITEM RESPONSES 1 2 2 2 3 1 4 3 5 1 6 3 7 2 8 3 9 1 10 3 11 2 12 3 13 2 14 2 15 2 16 4 17 2 18 1 19.2 20 2 21 0 REPRODUCED FROM THE BY PERMISSION. COPYRIGHT 1996 BY THE PSYCHOLOGICAL CORPORATION. ALL RIGHTS RESERVED. PATIENT NAME AND ADDRESS (Mechanical imprinting, If available) VISTA Electronic Medical Documentation YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 Printed at LEBANON VAMC 210701140 Progress Notes Printed On May 17 2012 Ordered by: STEPHENS,ROBERT G *** Beck Depression Inventory-II *** ITEM RESPONSES 1 2 2 2 3 1 4 3 5 1 6 3 7 2 8 3 9 1 10 3 11 2 12 3 13 2 14 2 15 2 16 4 17 2 18 1 19 2 20 2 21 0 Information contained in this note is based on a self report assessment and is not sufficient to use alone for diagnostic purposes. Assessment results should be verified for accuracy and used in conjunction with other diagnostic activities. /es/ Robert G Stephens IV, Ph.D. Staff Psychologist Signed: 05/02/2012 15:24 PATIENT NAME AND ADDRESS (Mechanical Imprinting, If available) VISTA Electronic Medical Documentation YOUNG, JOHN ANDREW JR 65 MAY DRIVE DILLSBURG, PENNSYLVANIA 17019 Printed at LEBANON VAMC 210701140 JOHN YOUNG, JR., and JESSICA YOUNG, PLAINTIFFS V. BRIAN ZOOK, and NORFOLK SOUTHERN CORPORATION, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI, NO. 12-472 CIVIL IN RE: APPOINTMENT OF GUARDIAN ORDER OF COURT AND NOW, this 18th day of July, 2012, upon consideration of the Petition for Adjudication of Incapacity and Appointment of a Guardian, IT IS HEREBY ORDERED AND DIRECTED that a hearing on the matter will held on Friday, October 26, 2012, at 2:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that Mark Bayley, Esquire is appointed as Guardian Ad Litem for Plaintiff, John Young, Jr. By the Court, ?Alina M. Dusharm, Esquire Jason B. Duncan, Esquire Counsel for Plaintiffs I/ Mark Bayley, Esquire GAL for John Young, Jr. *?? ?XA\ % M. L. Ebert, Jr., J. Craig J. Staudenmaier, Jr., Esquire I/ Bret P. Shaffer, Esquire bas 6p:es ",'(ed rKt -- ro r m Q4 ? ?. ca z at II 2 NAUMAN, SMITH, SHISSLER & HALL, LLP x", C= Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Corp ation 200 N. 3rd Street, 18th Floor P. P. O. Box 840 7 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 John Young, Jr. and Jessica Young, Plaintiffs V. Brian Zook and Norfolk Southern Corp., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAT : NO. 2012-472 Civil Term Civil Term NORFOLK SOUTHERN CORPORATION'S CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009 Defendant, Norfolk Southern Corporation, certifies that: (1) a notice of intent to serve the subpoenas with a copy of the subpoenas attached was mailed or delivered to each party at least twenty days prior to the date on which the sub were sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to certificate, (3) Opposing Counsel has no objections to the attached subpoenas and has to waive the twenty (20) day waiting period, and (4) the subpoenas which will be served are identical to the subpoenas which are to the notice of intent to serve the subpoenas. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. SIJ61enmaier, Esquire Supreme Court I.D. #34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern C Defendant Dated: August 1, 2012 NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Corporation 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 John Young, Jr. and Jessica Young, Plaintiffs V. Brian Zook and Norfolk Southern Corp., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012-472 Civil Term Civil Term NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Corporation intends to serve identical to the ones that are attached to this Notice. You have twenty (20) days from the date lis below in which to file of record and serve upon the undersigned an objection to the subpoenas. no objection is made the subpoenas may be served. NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. audenmaier, Esquire Supreme ourt I.D. No. 34996 200 N. 3`d Street, 18`h Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Counsel For: Norfolk Southern Corporation, Dated: July 12, 2012 John Young, Jr. and Jessica Young, Plaintiffs V. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAT : NO, 2012-472 Civil Term : Civil Term SUBPOENA DIRECTED TO DR. ANDREW ECKERT, PINNACLE HEALTH FAMILY CARE MEDICAL RECORDS DEPARTMENT ADDENDUM "A" You are commanded to produce and permit inspection and copying of the foll documents or objects at the place, date and time specified on the Subpoena: Any and all records in the possession or under the control of the deponent, includ electronic medical records (EMRs), electronic health records (EHRs) and electronically sto information (ESI), relative to treatments and services rendered to JESSICA R. YOUNG, DATE BIRTH: 9/1/1985; SSN 168-64-1404 related to her _psychological, mental health, depression sleeping problems; and Any and all records in the possession or under the control of the deponent, includi electronic medical records (EMRs), electronic health records (EHRs) and electronically stoi information (ESI), after January 30, 2008 relative to any treatments and services rendered JESSICA R. YOUNG, DATE OF BIRTH: 9/1/1985; SSN 168-64-1404; including but not limited medical, hospital, psychological, mental health and/or drug and alcohol records, bills/invoices, off: notes, records and memoranda, results of diagnostic tests, notes of treatment and services renders MMPI testing, x-ray interpretation reports and interpretive reports resulting from any other imagi technique utilized and medical reports to be used for the purposes of discovery or for use at trial for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES Ol THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS I'. EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO THI UNDERSIGNED PRIOR TO THE DATE SPECIFIED ON THE SUBPOENA. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young Plaintiff vs. Brian Zook and Norfolk Southern Corporation Defendant TO: Dr. Andrew Eckert, Pinnacle Health Family Care (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 & Hail, LLP 200 N. 3rd St., 18th flr. Harrisburg, PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID # 34996 ATTORNEY FOR: Norfolk Southern Corporation Defawkm BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 File No. 2012-0472 Deputy John Young, Jr. and Jessica Young, Plaintiffs V. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO DR. ANDREW ECKERT, PINNACLE HEALTH FAMILY CARE MEDICAL RECORDS DEPARTMENT ADDENDUM "A" You are commanded to produce and permit inspection and copying of the fo documents or objects at the place, date and time specified on the Subpoena: Any and all records in the possession or under the control of the deponent, includi. electronic medical records (EMRs), electronic health records (EHRs) and electronically stor information (ESI), relative to treatments and services rendered tO JOHN A. YOUNG, JR., DA, OF BIRTH: 11/3/1984; SSN 210-70-1140, including but not limited to, medical, hospit psychological, mental health and/or drug and alcohol records, bills/invoices, office notes, recor and memoranda, results of diagnostic tests, notes of treatment and services rendered, MMPI testir x-ray interpretation reports and interpretive reports resulting from any other imaging techniq utilized and medical reports to be used for the purposes of discovery or for use at trial or for be purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES O THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS I EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO TH: UNDERSIGNED PRIOR TO THE DATE SPECIFIED ON THE SUBPOENA. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young Plaintiff File No. 2012-0472 vs. Brian Zook and Norfolk Southern Corporation Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Giant Food Store (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 200 N. 3rd St., 18th flr. Harrisburg, PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID # 34"6 ATTORNEY FOR: Norfolk Southern Corporation on'.oa.m BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy John Young, Jr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVAT V. NO. 2012-472 Civil Term Brian Zook and Norfolk Southern Corporation, Inc. Civil Term Defendants SUBPOENA DIRECTED TO GIANT FOOD STORE ADDENDUM "A" You are commanded to produce and permit inspection and copying of the documents or objects at the place, date and time specified on the Subpoena: Any and all records in the possession or under the control of the deponent relati` to JESSICA R. YOUNG, DATE OF BIRTH: 9/1/1985; SSN 168-64-1404, including but not limit( to all personnel records, application for employment, dates of employment, payroll records, worker compensation records, disability records, medical records, insurance information along with ar other office notes, records and memoranda and/or documentation to be used for the purposes discovery or for use at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES O THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS I EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO TH: UNDERSIGNED PRIOR TO THE DATE SPECIFIED ON THE SUBPOENA. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young Plaintiff File No. 2012-0472 VS. Brian Zook and Norfolk Southern Corporation Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Citizens Bank (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 200 N. 3rd St., I8th flr. Harrisburg PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID # 34996 ATTORNEY FOR: Norfolk Southem Corporation lktamLm Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy John Young, Jr. and Jessica Young, Plaintiffs V. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI : NO. 2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO CITIZENS BANK ADDENDUM "A" You are commanded to produce and permit inspection and copying of the followi documents or objects at the place, date and time specified on the Subpoena: Any and all records in the possession or under the control of the deponent relati e to JESSICA R. YOUNG, DATE OF BIRTH: 9/1/1985; SSN 168-64-1404, including but not limit to all personnel records, application for employment, dates of employment, payroll records, worker s compensation records, disability records, medical records, insurance information along with any other office notes, records and memoranda and/or documentation to be used for the purposes f discovery or for use at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES 1 THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO T] UNDERSIGNED PRIOR TO THE DATE SPECIFIED ON THE SUBPOENA. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young Plaintiff File No. 2012-0472 VS. Brian Zook and Norfolk Southern Corporation Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lower Allen Township (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 I. Staudenmaier, Esquire ADDRESS: Neuman, Smith, Shissler & Hall, LLP 200 N. 3rd St., I8th fir. Harrisburg, PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID # 34996 ATTORNEY FOR: Norfolk Southem Corporation Nrawmr Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy John Young, Jr. and Jessica Young, Plaintiffs V. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAl : NO. 2012-472 Civil Term : Civil Term SUBPOENA DIRECTED TO LOWER ALLEN TOWNSHIP ADDENDUM "A" You are commanded to produce and permit inspection and copying of the fo documents or objects at the place, date and time specified on the Subpoena: Any and all records in the possession or under the control of the deponent relati e to JOHN A. YOUNG, JR., DATE OF BIRTH: 11/3/1984; SSN 210-70-1140, including but not limit d to all personnel records, application for employment, dates of employment, payroll records, worker s compensation records, disability records, medical records, insurance information along with y other office notes, records and memoranda and/or documentation to be used for the purposes f discovery or for use at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAINING COPIES THE ABOVE MENTIONED RECORDS AND THE ATTENDANCE OF A WITNESS EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO TI UNDERSIGNED PRIOR TO THE DATE SPECIFIED ON THE SUBPOENA. CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing Noti e of Intent to Serve Subpoenas was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Linsenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 (Counsel for Plaintiff) Bret Shaffer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 (Counsel for Defendant, Brian Zook) Sherry A. a Paralega Dated: July 12, 2012 NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Corporation 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 John Young, Jr. and Jessica Young, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAT V. Brian Zook and Norfolk Southern Corp., Defendants : NO. 2012-472 Civil Term Civil Term CERTIFICATE OF SERVICE I hereby certify that I have on the date written below, served a copy of the "Certificate Prerequisite to Service of Subpoenas" upon counsel of record by placing same in United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to following: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Linsenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 (Counsel for Plaintiff) Bret Shaffer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 (Counsel for Defendant, Brian Zook) Sherry A. May, Parale?dV 117 Dated: August 1, 2012 NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18`" Floor P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010, Ext. 22 Facsimile: (717) 234-1925 e-mail: ~staud cx nssh.com jbonn~L.nssh.com ' :~ _`i .. ~ Counsel for Norfolk Southern Corporation, Defendant John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY., PENNSYLVANIA NO.2012-472 Civil Term Civil Term STIPULATION TO AMEND CAPTION AND NOW comes Plaintiffs, John Young, Jr. and Jessica Young, by and through their counsel JASON B. DUNCAN, ESQUIRE and ALINA M. DUSHARM, ESQUIRE, Brian Zook, Defendant, by and through his counsel BRET SHAFFER, ESQUIRE, and Norfolk Southern Railway Company, incorrectly designated in the above caption as Norfolk Southern Corporation, Inc., Defendant, by and through their counsel CRAIG J. STAUDENMAIER, ESQLJIIZE, and hereby stipulate to amend the caption of the proceeding to read as follows: John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Railway Company, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2012-472 Civil Term Civil Term All pleadings previously filed shall be deemed to have been filed against or by Norfolk Southern Railway Company as appropriate. STONE, DUNCAN & LINSENBACH, P.C. ~! i ~~ ,t ~~ By: ason B. Dunc , Es uire Supreme Cou ID# 87946 Alina M. Dusharm, Esquire Supreme Court ID# 309861 8 N. Baltimore St Dillsburg, PA 17019 Counsel for Plaintiffs, John Young, Jr'. and Jessica Young BARK SCHERER, LLC By: Bret Shaffer, Esquire Supreme Court ID#309180 19 West South St Carlisle, PA 17013 Counsel for Defendant, Brian Zook Date: September , 2012 Date: September ~~~~ , 2012 NAUMAN, SMITH, SHISSLER & HALL, LLP !~ ~^ ~ i ~, By: Craig u enmaier, Esquire Supre Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18~' Fl.oor P. O. Box 840 Harrisburg, PA 17108-0840 Counsel for Norfolk Southern Railway Company Date: September ~~ , 2012 All pleadings previously filed shall be deemed to have been filed against or by Norfolk Southern Railway Company as appropriate. STONE. DUNCAN & LINSENBACH, P.C. By: Jason B. Duncan, Esquire Supreme Court ID# 87946 Alina M. Dusharm, Esquire Supreme Court ID# 309861 8 N. Baltimore St I)illsburg, PA 17019 Counsel for Plaintiffs, John Young, Jr. and Jessica Young Date: September __, 2012 NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18`'' Floor P. O. Box 840 Harrisburg, PA 17108-0840 Counsel for Norfolk Southern. Raiway Company BARK SCHERER, LLC BY ~ ~! -- Bret Shaffer, Esquire Supreme Court ID#309180 19 West South St Carlisle, PA 17013 Counsel for Defendant, Brian Zook ~~~a~ Date: ~ep~crnb~r ~, 2012 Date: September , 2012 NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Corporation 200 N. 3rd Street, 18th Floor P. O. I3ox 840 Harrisburg PA 17108-0840 Phone: i 717) 236-3010 Fax: (7] 7) 234-1925 John Young. ,Ir. and Jessica Young, IN THE COURT OF COMMON PLL-:AS OF Plaintiffs :CUMBERLAND COUNTY, PIJNNSYLVANIA ~• NO. 2012-472 Civil Term ~, L~rian laol: and Norfoll< Southern Corp., Civil Tenn ~ W Defendants ~~,, ''~-- __ - 4 _.._ NORFOLK SOUTHERN CORPORATION'S CERTIFICATE PREREQUISITE -:+ ~ " !_ _...,' TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 -~-' :_~= ~~' ~- , .~ As a prereduisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Norfolk Southernl Corporation, certifies that: (I) 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 was sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, t ~) Opposing Counsel has no objections to the attached subpoena and has agreed to waive the twenh~ (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 the subpoena. NAUMAN, SMITH, SHISSLER & HALL, LLP .~ By: _- Craig J. taudenmaier, Esquire Suprem Court I.D. #34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North "Third Street P. O. ~3ox 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Corporation, Defendant Dated: October 16. 2012 NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Corporation 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: ("717) 236-3010 Fax: (717) 234-1925 John Young, Jr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2012-472 Civil Term Brian Zook and Norfolk Southern Copp., Civil Term Defendants 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. Corporation 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 Craig J. S audenmaier, Esquire Supreme ourt I.D. No. 34996 200 N. 3`d treet, 18`h Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Counsel For: Norfolk Southern Corp., Defendant Dated: October 5, 2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young Plaintiff VS. Brian Zook and Norfolk Southern Corporation Defendant File No.2012-0472 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Tp: Department of Military & Veterans Affairs, Office of the Adjutant Generai (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the ioliowing documents or things: Please see Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (Address) You may deliver or mail legiole copies of the documents or produce things requested by this ubpoena, together with the certificate of compliance, to the party making this request at the address listed above. y'ou 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 A,T THE REQUEST OF THE FOLLOWING PERSON NAME; Craig J Staudenmaier, Esquire ADDRESS: Nauman, Smith. Shissler& Hall, LLP ?GO V. 3rd Sc, f8th flr. Harrisburg, PA 171 OI TELEPHONE: n~-zsb-3oloextz SUPREYIE COURT ID # 3a»~ :~.~I'TORNEY FOR: Norfolk Southern Corporation DefcoJum BY THE COURT: Prothonotary, Civil Division Daft°: __ Seal of the Court I7epim-- John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. NO.2012.-472 Civil Term Civil Term SUBPOENA DIRECTED TO DEPARTMENT OF MILITARY & VETERANS AFFAIRS OFFICE OF THE ADJUTANT GENERAL BUILDING 5047 FISHER AVENUE FORT INDIANTOWN GAP ANNVILLE, PA 17003-5002 ADDENDUM "A" You are commanded to produce and permit inspection and copying of t:he following documents or objects at the place, date and time specified on the Subpoena: Any and all military medical records in the possession or under the control of the deponent, including electronic medical records (EMRs), electronic health records (EHRs) and electronically stored information (ESI), relative to treatments and services rendered to Sgt. JUHN A. YOUNG, JR., DATE OF BIRTH: 11/3/1984; SSN 210-70-1140, including but not limited to, medical, hospital, psychological, mental health and/or drug and alcohol records, 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 :DATE SPECIFIED ON THE SUBPOENA. CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing Notice of Intent to Serve Subpoenas was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Linsenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 (Counsel for Plaintiff) Bret Shaffer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 (Counsel for Defendant, Brian Zookj ~' r Sherry A. M y, Paralega~/ L/" Dated: October 5, 201? .Iohn Young, Jr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA 200 N. 3rd Street. 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717 j 236-3010 Fax: 1717) 234-1925 NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Corporation v• NO. 2012-472 Civil Term Brian look and Norfolk Southern Corp., Civil Term Defendants CERTIFICATE OF SERVICE I hereby certify that I have on the date written below, served a copy of the foregoing `'Certiticate Prerequisite to Service of A Subpoena" upon counsel of record by placing same in the United States Mail, 1-first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the follo~~ ink: .lason B. Duncan, Esquire Alina M. Dusharm, F,squire Stone, Duncan & Linsenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 (Counsel for Plaintiff) Bret Shaffer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 (Counsel for Defendant, Brian Zool<) Sherry A. ,May, Paral g,~i Dated: October 16, 2012 JOHN YOUNG, Jr., and JESSICAYOUNG, Plaintiffs, v. BRIAN ZOOK, and NORFOLK SOUTHERN CORPORATION, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW , ; ~ . ~ -,> -, No. 2012-472 -~ ~-" ~3 --r_ r, .. Jury Trial Demanded - __- = -. OBJECTIONS TO SUBPOENAS PURSUANT TO RULE 4009.21 Plaintiffs, John Young, Jr. and Jessica Young. by and through their counsel, Alina M. Dusharm, F;sq., Jason B. Duncan, Esq., and the firm Stone, Duncan, & Linsenbacl~, P.C., object to the proposed subpoenas that are attached to these objections for the following reasons: 1. Plaintiffs graduated from Northern High School and have been out of school for over ten years. 2. There is no connection between Plaintiffs' academic records, courses of study, grades, or attendance records to the subject of this case--a recent A,TV accident involving the Defendants' willful and wanton misconduct. ~. Defendants have already been able to obtain medical records for Plaintiffs for the previous ten years as well as any records dealing with the conditions at issue in this suit, yet Defendants would like to continue searching through more records dating back even further to the time when Plaintiffs were in high school, without any reason to show that they had any medical conditions which would have impacted his condition after the accident. There is no reason to believe that searching the medical records of the Plaintiffs ,~s juveniles over ten years ago would lead to the discovery of admissible evidence. 4. Since graduating from high school over ten years ago, Plaintiffs have held several jobs and gained valuable experience. 5. At this point, courses that were taken in high school and attendance records would have little impact on job prospects or potential earning capacity after obtaining a diploma and being in the work force for over ten years. 6. There is no indication that these records would lead to any admissible evidence relevant to determining Plaintiff's potential earning capacity considering the time that has elapsed since graduation and the experience gained since that time. 7. la is also unclear why Defendant would need ``other office notes, records and memoranda and/or documentation," in addition to academic records, class and transcript records, grades, and attendance records for the purposes crf discovery or trial. The subpoenas are overly broad, vague, and unduly burdensome, not reasonably limited in subject or time, and not likely to lead to the discovery of admissible evidence. Respect STO E, DUNCA , & LINSENBAC'H, PC Alina M. Dusharm, Esq. Attorney ID # 309861 Jason B. Duncan, Esq. Attorney ID # 87946 8 N. Baltimore Street Dillsburg, PA 17019 P. (717) 432-2089 F: (717) 432-0158 Date:---- i ~~ / 4 tl: (i 2, CERTIFICATE OF SERVICE I, _j:~~,,~y~ ~C~,i<,~u~ ~ , do certify that I have served a copy of Plaintiffs' (7bjection to Norfolk Southern's Subpoenas directed to Northern York County School District upon the following by first class mail: Bret Shafer.. Esq. Baric. Scherer, LLC 19 West South Street Carlisle, Pa 17013 Attorney for Brian Zook Craig J. Staudenmaier, Esq. Nauman, Smith, Shissler, & Hall, LLP 200 North Third Street, 18th Floor PO Box 840 Harrisburg, PA 17108-0840 Attorneys for Norfolk Southern DA1~E:s t1i_'~_l_~~- ,~ 2 / %/~ / ~, ~~ ~ ----- STO , D CAl'-T, & LINSENBACH, PC Alina M. Dusharm, Esq. Attorney ID # 309861 Jason B. Duncan, Esq. Attorney ID # 87946 8 N. Baltimore Street Dillsburg, PA 17019 P. (717) 432-2089 F: (717) 432-0158 Attorneys for Plaintiffs COMMONW$AI,TH QF PENNSYLVANIA COUNTY pF CLIMBERI;AND John Young Jr, and Jessica Young • Plaintiff File No. 2012-0472 VS. Brian Zook and Norfolk Southern Cor)~oration Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Northern York County School District (iVame 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 Addendum A at Nauman, Smith, Shissler & Hall., LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 tote 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. St~udcnmaier, Esgwra ADDRESS: Nauman, smith, snissler ~ Hall, LLP 1A0 N. hd St., 18th flr. Harrisburg, PA 17!01 TELEPHONE: 717-z3~-soto eXt zz SUPREME COURT ID # 3av~a ATTORNEY FOR: Norfolk Southern Corporation Defmd.at Date: Se t of he Court BY THE COURT: Prothonotary, Civi] Division Deputy r 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2012-472 Civil Term Civil Term SIJBPOENA DIRECTED TO NORTHERN YORK COUNTY SCHOOL DISTRICT DR. ERIC ESHBACH, SUPERINTENDENT 149 S. BALTIMORE STREET DILLSBURG, PA 17019 ADDENDUM "A" John Young, Jr, and Jessica Young, Plaintiffs v. Brian 7oolc and Norfolk Southern Corporation, Inc. Defendants You are commanded to produce and permit inspection and copying of the following documents or objects at the place, date and time specified on the Subpoena: Any and all records, including electronically stored information ($SI), in the possession or under the control of the deponent, to JOHN A. YOUNG, JR., DATE OF BIRTH: 11/3/1.984; SSN 210- 70-1140, including but not limited to, all academic records relating to admissions, courses of study, transcript records and/or grades, attendance records, medical records along with any other office notes, records and memoranda and/or documentation to be used for the purposes of discovery or for lase at trial or for both purposes. THIS SUBPOENA IS ISSUED FOR THE PURPOSE OF OBTAININ(J 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 DATE SPECIFIED ON THE SUBPOENA. COMMgNWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr, and Jessica Young Plaintiff VS. Brian Zook and Norfolk Southern Corporation Defendant File No. 2012-0472 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Northern York County School District (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St, 18th flr., Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested try 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 7. Staudenmaier, Esquire ADDRESS: Nauman, Smith, shissler & Hall, LLP 200 N. 3rd St., 18th flr. Harrisburg, PA 17101 TELEPHONE: alp-zssaoloextzz SUPREME: COURT ID # 3a~e ATTORNEY FOR: Norfolk southern Corporation n~r~aa.a~ Date:___ ~~ Se of e Court John Young, Jr. and Jessica Young, Plaintiffs v. Brian Look anal Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO NORTHERN YORK COUNTY SCHOOL DISTRICT DR. ERIC ESHBACH, SUPERINTENDENT 149 S. BALTIMORE STREET DILLSBURG, PA 17019 ADDENDUM "A" You are commanded to produce and permit inspection and copying of the following documents or objects at the place, dare and time specified on the Subpoena: Any.and all records, including electronically stored information (ESI), in the possession or under the control of the deponent, to ~TESSICA R. (HAAS) YOUNG, DATE OF BIRTH: 9/1/1983; SSN 168-64-1404, including but not limitE;d to, all academic records relating to admissions, courses of study, transcript records and/or grades, attendance records, medical records along with any other office notes, records and memoranda and/or documentation 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 DATE SPECIFIED ON THE SUBPOENA. f I ;~- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN YOUNG, Jr., and JESSICA YOUNG, Plaintiffs, v. BRIAN ZUOK, and NORFOLK SOUTHERN RAILWAY COMPANY, Defendants. No. 2012-472 CIVIL ACTION -LAW Jury Trial Demanded C'7 rv ,~, C -rya rn r' r., o ' ~--+ ~ z ~ ~a --~ .. -c ~-.-, ~~, ~ Vic. r--~ -+c~ c > ~ ~ ~ -~~ ~ ~7 ~ ~ ~ c-, ~.~ ~~... PLAINTIFFS' MOTION TO COMPEL DISCOVERY Plaintiffs John Young, Jr. and Jessica Young, by and through their counsel, Alina M. Dusharm, laq. and Jason B. Duncan, Esq. from the firm, Stone, Duncan, & Linsenbach, P.C., hereby file this Motion to Compel Discovery on Defendants. The grounds for the motion are: 1. This case was initially commenced through filing a Complaint on January 27, 201 '. 2. The matter of preliminary objections was previously brought before Judges Edward Guido and Christylee Peck. A guardianship hearing related to this matter is also currently before Judge Ebert. 3, On June 21, 2012, Plaintiffs sent Defendant Norfolk Southern Railway Company Interrogatories and Requests for Production of Documents. 4. On August 8, 2012, Defendant Norfolk responded with their Answers to Plaintiffs' Interrogatories and Requests for Production of Documents (See attached Exhibit "A") i In their answers, Defendant Norfolk objected to several of Plaintiffs' Interrogatories and Document Requests, specifically Interrogatory #13 and Kequest #7. 6. After three unsuccessful attempts to resolve the issues by email, Plaintiff addressed their concerns in a letter dated, September 1 ] , '?012 (See attached Exhibit `B"). Plaintiffs explained their reasoning as to why the information they requested was discoverable. Defendants and Plaintiffs discussed the objections through a later phone conversation and resolved most of issues brought up in the letter, and Defendant agreed to provide more information. in a letter as supplemental discovery. 9. On October 5, 2012, Defendant sent Plaintiff a supplemental response, which reiterated many of the same objections (See attached Exhibit "C") 10. Specifically, Defendant incorporated its previous objections tc~ lnterrogatory ##1 ~ and Request for Production of Documents #7, which requested information and documents regarding previous accidents on Norfolk property involving A"I'V riders or trespassers. 11. Defendant Norfolk objects to this request on the basis that it i~ "overly broad, vague and unduly burdensorne as it requires excessive information beyond the scope of permissible discovery." l 2. Plaintiff has limited this request to only accidents on Defendant's property which involved ATV riders and trespassers, a.nd that occurred within the last ] 0 :years. 13. Plaintiff has attempted to reconcile this dispute with Defendants through email and phone conversations by explaining that the request seeks important information which would show Defendant's knowledge of risk of harm. 14. Knowledge of risk of harm is a key element to a claim for willful. and wanton misconduct. Plaintiff previously cited this standard in its Brief in Opposition to Preliminary Objections, and redirected the Defendant to review this standard before confirming their objections to the discovery. 1 ~. Defendant has reconfirmed their objections to this request in a phone cony-ersation with Plaintiff. 16. Plaintiff has sought concurrence from all parties. Defendant Zook has concurred in this motion. Defendant Norfolk Southern has not concurred. 17. Defendant Norfolk Southern is filing a concurrent Motion to Compel in this matter regarding Plaintiffs' objection to Defendant's subpoenas. Both. parties are seeking to have the motions handled concurrently. WHEREFORE, Plaintiffs respectfully request that this Honorable Court GRANT Plaintiffs' Motion to Compel Discovery, and require Defendants to produce the requested information and documents. Date: ~ ' j ~ ,;~(,~~ , ~ Resp ully, F ~~ STONE, DUNC N, ~ INSENBACH. PC Alina M. Dusharm, Esq. Attorney ID # 30986] Jason B. Duncan, Esq. Attorney ID # 87946 8 N. Baltimore Street Dillsburg, PA 17019 P. (717) 432-2089 F: (717) 432-0158 Attorneys for Plaintiffs 3 CERTIFICATE OF SERVICE I, ~),~t~~. J.z:~J+~ , do certify that I have served a copy of Plaintiffs' Motion to Compel Discovery upon the following by first class mail: Brian Zook 1350 Pine road Carlisle, Pik. 17015 Craig J. Staudenmaier, Esq. .Ioshua D. Donn, Esq. Nauman, Srnith, Shissler, & Hall, LLP 200 North 'Third Street, 18t~ Floor PO 13ox 840 Harrisburg PA 17108-0840 DATE :____ ~ c~ j ~~ ~- Attorney ID # 87946 8 N. Baltimore Street Dillsburg, PA 17019 P. (717) 432-2089 F: (717) 432-0158 Attorneys for Plaintiffs Jason B. Duncan, Esq. ,~F, ~ ~~ ~- ~:: -~--- STO , DUNCAN, & INS ACP , PC Alina M. Dusharm, Esq. Attorney ID # 309861 4 ! ~ NAUMA'~, SMITH, SHISSLER & HALL, LLP By: Craig J. StaudE;nmaier, Esquire Supreme Court ID#34996 Joshua D. Bonn, Esquire Supreme Coup: ID#93967 200 North. Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717} 236-3010 Facsimile. (717) 234-1925 e-mail: ~staud~a'~,nssh.com Attorneys for Norfolk Southern Corporation Jbonn c~nssh.com IN THE COURT OF COMMC)N PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. JOHN YOC iNG, JR, and JESSICA YOUNG Plaintiffs v. BRIAN ZOOK and NORFOLKK SOUTHERN CORPORATION, Defendants CIVIL DIVISION NO. 2012-0472 JURY TRIAL DEMANDED ];IEFENDANT, NORFOLK SOUTHERN CORPORATION'S ANSWERS TO PLAINTIFFS' INTERROGATORIES Personal Inforniation. Please identify each person who aided in the completion of these intc;rrogatories, including place of employment, position and phone number. ANSWER: Justin Dalton, Claim Agent and Cheri L. Bradley, Manager -Claims Litigation on behalf of Norfolk Southern Corporation (~~Norfolk Southern"), with assistance from counsel, provided information and answers to these interrogatories or portions thereof. The final answers are those prepared by counsel. 2. Insurance. If you are covered by any type insurance that might be applicable to the incident in this matter, state the following with respect to each such policy; (a) The name of the insurance carrier which issued the policy; (b) The named insured under each policy with the policy number of each policy; (c) The type; and effective date of each policy; (d) The amount of coverage provided to each person, for each occurrence, and in the aggregal:e for each policy; (e.) Each exclusion, if any, in the policy which is applicable to any claim thereunder and an;y reasons, if any, why you or the carrier claim exclusion is applicable. i ANSWER: Norfolk Southern Corporation is self-insured for the first $25 million dollars. Norfolk Southern believes this is sufficient in this case and that no issue of insurances will be involved. 3. Identify any and all documents or reports of which you have knovrledge that relate to the incident, or the cause thereof, on January 30, 2010, including but not limited to, police report, investigation reports, witness statements, officer's notes, employee notes, emails, or interoffice memos. ANSWF,R: Objection. To the extent this Interrogatory seeks information subject to the attorney-client privilege or information containing the work product of counsel or mental impression, conclusion or opinions of Norfolk Southern, its counsel or representatives as to the value, merit or strategy of this case it is objected to. Without waiving said objection, see the Pennsylvania State Police Incident Report, Pennsylvania State Police Public Information Release Report and the Norfolk Southern Police Department Report attached to Norfolk Southern's Response to Plaintiffs' First Set of Request for Production of Documents. Additionally see the Statements referenced in response to Interrogatory # 6. Norfolk Southern's investigation of the incident is c-ngoing and Norfolk Southern reserves the right to supplement this Answer as discovery continues. 4. Factual basis for claims and defenses. State with particularity the factual basis for each claim or defense you are asserting in tYiis case, ANSWER: Norfolk Southern herein incorporates by reference its Answer with New Matter and Cross Claim filed on May 7, 2012. By way of further Answer, Plaintiff, John A. Young, Jr.'s own actions and/or negligence may have caused or contributed to the accident and his subsequent injuries. Additionally, Defendant, Brian Zook's actions and/or negligence may have caused or contributed to the accident and John A. Young Jr.'s subsequent injuries. 'to the extent this Interrogatory seeks information subject to the attorney-client privilege or information containing the work product of counsel or mental impression, conclusion or opinions of Norfolk Southern, its counsel or representatives as to the value, merit or strategy of this case it is objected to. Norfolk Southern's investigation of the incident is ongoing and Norfolk Southern reserves the right to supplement this Answer as discovery continues. Witnesses. Please identify each. individual who you believe to have knowledge o1'the facts concerning the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident, and give a description of the factual knowledge possessed by each individual. ANSWER: It is believed that all the people mentioned in Plaintiff, John A. Young's Answer to Norfolk Southern's [nterrogatory No. 20, as well as the Trooper Steven P. Nesbit and Special Agent Kirk W. Love, as indicated in the Pennsylvania State Police Incident Report, have knowledge of the facts concerning the incident or condition at the scene of the incident prior to, at the time of and after the incident. Norfolk Southern's investigation of the incident is ongoing and Norfolk Southern reserves the right to supplement this Answer as discovery continues. Statements. If you have any knowledge of anyone that has given an;y statement (as def ned by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a} The iden~:ify of such person; (b) When, where, by whom and to whom each statement was made and whethex it was reduced to writing or otherwise recorded; and (c) The identity of any person who has custody of any such statement that was reduced to writing; or otherwise recorded. ANSWER: Objection. This Interrogatory is objected to pursuant to attorney-client and work product privileges. Without waiver of said objection, to the extent the Interrogatory requests statements as defined. under Pa R.C,'.P. 4003.4, please see transcribed copies of Brian Zook's February 18, 2010 recorded statement taken by Wes Callender, District Claim Agent for Norfolk Southern at that time, Nicholas ]Newcomer's May 25, 2012 recorded statement taken by Justin Dalton, Claim Agent for Norfolk Southern and Kevin Bordlemay's June 11, 2012 recorded statement also taken by Justin Dalton, that are attached to Norfolk Southern's Responses to Plaintiffs' First Request for Production of Documents. 7. Demonstrative evi dence. If you know of the existence of any photographs, motion pictures, video recordings, maps/surveys, property lines, diagrams, or models relevant to the incident, including police reports, state: (a) The nature or type of such item; (b} The date when such item was (c) The identity of any person that prepared or made each item; a11d (d) The subject that each item represents or portrays. ANSWER: See copies of photographs taken by Wes Callender on February 1, 2010 of the incident site and on February 18, 2010 of the ATV involved in the incident that are attached to Norfolk Southern's Responses to Plaintiff s First Request for i ~ Production. Additionally, see police reports identified in response to Interrogatory No. 3. Norfolk Southern's investigation of'the incident is ongoing and Norfolk Southern reserves the right to supplementthis Answer as discovery continues. Trial preparation material. Identify any individuals w:ho conducted an investigation into this incident, either for Defendants or Defendants counsea, and identify: (a) Each person, and the employer of each persor.~, who conducted any investigation(s); and (b) All notes, reports and other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: Objection. To the extent this Interrogatory seeks information subject to the attorney-client privilege or information containing the work product of counsel or mental impression, conclusion or opinions of Norfolk Southern, its counsel or representatives as to the value, merit or strategy of this case it is objected to. Without waiver of said abjection, see documents provided to Plaintiffs' counsel with Norfolk Southern's Responses to Plaintiffs' First Request for Production of Documents. Norfolk Southern's investigation of this incident is ongoing and Norfolk Southern reserves the right to supplement this Answer as discovery continues. Policy or Procedure. Identify any policy or policies which relate to the claims or defenses of this action, including but not limited to: the procedure of dealing •with trespassers on the property of Norf~Ik Southern, policies on repairing or maintaining the railroad, procedure for disposal of used equipment or storage of materials. ANSWER: Objections. Norfolk Southern objects to this Interrogatory„ as phrased, as overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery as it is not reasonably limited in time or subject matter, and therefore not likely to lead to the discovery of relevant information as to any claim or defense raised in this pr. oceeding as it seeks information unrelated to this matter. It is further objected to as "used equipment" and "storage of materials" are not clearly defined. 10. Maintenance of Railroad. Identif}~ any and all documents or correspondence within Norfolk Southern or to persons or companies other than Norfolk Southern which relate to the mainrenance or repair of the railroad at or near the location of the incident, the placement of ties, or the storage of materials. ANSWER: Norfolk Southern objects to this Interrogatory as phrased, as overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery as it is not reasonably limited in time or subject matter, and therefore not likely to lead to the discovery of relevant information as to any claim or defense raised in this proceeding as it seeks information unrelated to this matter. 11. Knowledge of Trespassers. Identify any and all conversations, documents or correspondence dealing with knowledge of trespassers or ATV riders on the property of Norfolk Southern at or near the location of the incident, or the use of private property owned by .Norfolk Southern. ANSWER: Norfolk Southern objects to this Interrogatory, as phrased, as overly broad, vague and unduly burdensome as it requires excessive information beyond the scope c-f permissible discovery as it is not reasonably limited in time or subject matter, and therefore not likely to lead to the discovery of relevant inf~-rmation as to any claim or defense raised in this proceeding as it seeks information unrelated to this matter. 12. Disposal of Railroad Ties. Identify any and all conversations, documents or correspondence dealing with the disposal or movement of the railroad ties before or after the incident on January 30, 2010, and any person who may have knowledge of these movement or placement of the railroad ties. ANSWER: Norfolk Southern objects to this Interrogatory, as phrased, as overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery as it is not reasonably limited in time or subject matter, and therefore not likely to lead to the discovery of relevant information as to any claim or defense raised in this proceeding as it seeks information unrelated to this matter. Without waiver of said objection, none known at this time. Norfolk Southern has been unable to locate any such materials referenced. Norfolk Southern continues to investigate this matter and reserves the right to supplement this Answer as discovery continues. 13. Accident Reports. Identify any and all accidents, which occurred on Norfolk Southern property or any property used by Norfolk Southern to conduct business within the last ten years and which. also involved ATV riders or trespassers on Norfi~lk Southern properly. Please also identify any documents or reports relating to these incidents. ANSWER: Objection. This Interrogatory is overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery and it is furthermore unlimited in subject matter and location and not reasonably limited in time, and therefore, not likely to lead to the discovery of relevant information in this case. r f G 14. Trial witnesses. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: Unknown at this time. Norfolk Southern is still investigating this matter and has not yet determined who will be called as non-expert witnesses at the trial. Norfolk Southern will identify same in accordance with pre-trial requirements and reserves the right to supplement the Answer to this Interrogatory.. Byway of further answer, please see persons identified herein and in documents produced through discovery. 15. Expert Witnesses. Identify each. person you intend to call as an expert witness at th.e trial of this; matter, and for each expert state: E (a) The subject matter which the expert is expected to testify: ~md (b) "The substance of the facts and opinions to which the expert is expected to testify and a summ~rry of the grounds for each opinion. R ANSWER: This matter is still being investigated. Norfolk Southern has not yet determined who will be called as expert witnesses at the trial of this matter. Norfolk Southern will identify expert witnesses in accordance with pre-trial requirements and reserves the right to supplement the Answer to this Interrogatory. 16. Trial exhibits. Identify all exhibits-that you intend to use at the trial of this matter and state whether they will be used during the liability or damage portions of the trial. ANSWER: Unknown at this time. Norfolk Southern is still investigating this matter and ,: has not wet determined which exhibits will be used at the trial of this matter. Norfolk Southern will identify same in accordance with the Pennsylvania Rules of Civil Procedure. By way of further Answer, Norfolk Southern reserves the right to introduce as exhibits at trial any document produced or referred to by any party through discovery in this proceeding. 17. ,~dm.issions. If you intent to use any admission(s) of a parry at trial, identif•~ such admissions}. ANSWER: Unknown at this time. Norfolk Southern is still investigating this matter and has not yet determined which admissions, if any, will be used at the trial. Norfolk Southern will identify same in accordance with the Pennsylvania Rules of Civil Procedure. NAUMAN, SI~ZITH, SHISSLER & HALL, LLP BY~ ~ °~.q~n_ _ --__.--- aig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Streea, P.O. Box 84(i Harrisbiu~g, Pennsylvania 17108 Telephone: (717) 236-3010 Counsel. for Norfolk Southern Corporation, Defendant Dated: August 8, 2012 yERIFICATlON I, CHERI L. BRADLEY, Manager -Claims Litigation, Norfolk Southern Corporation, am authorized to make this verification on behalfof Norfolk Southern Railway Company, and do make the following statement pursuant to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authority, do state that as Manager, and do state that as Manager -Claims Litigation for Norfolk Southern Corporation, the facts set forth in the foregoing DEFENDANT, NORFOLK SOUTHERN CORPORATION'S ANSWERS TO PLAINTIFFS' INTERROGATORIES have been assembled from various sources and individuals within the company and although I do not have personal knowledge of the aforesaid facts, they are true and correct to the be/ns~t~~of~'m~.y knowledge, information and belief: u~_,~ --~.__ _____ Cheri L:Bradley Manager -Claims Litigation NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. Stauderunaier, Esquire Supreme Court ID#34996 Joshua D. Bonn, Esquire Supreme Court ID#93967 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717} 234-1925 e-mail: cjstaud(a,nssh.com Attorneys fo.r Norfolk Southern Corporation Jbonnna,nssh.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN YOUNG, JR. and JESSICA YOUNG Plaintiffs v. BRIAN ZOOK and NORFOLK SOUTHERN CORPORATION, Defendants CIVIL DIVISION NO. 2.012-0472 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of DEFENDANT, NORFOLK SOUTHERN CORPORATION'S ANSWERS TO PLAINTIFFS' INTERROGATORIES, upon counsel of record in the following manner: United States First Class Mail, Postage Prepaid. Jason B. Duncan., Esquire Alina M. Dusharm, Esquire Stone, Duncan. & Lisenbach, PC 8 N, Baltimore St Dillsburg, PA 17019 Baric, Scherer, LLC Bret P. Shaffer, Esquire 19 West South Street Carlisle, PA 17013 Sherry A. Ma ,Para egal to Craig J. Staudenmaier, Esquire Date: August 8, 2012 STONE, DUNCAN, &LINSENBACH, I'C Attorneys and Counselors S IV. Baltimore..Street Diilsburg, PA 17019 oFr1cE 717-432.-2089 FAx 717-437.-0158 www.StoneDuncan.com Duane P. Stone Jason B. Duncan` Brian C. Linsenbach 'Also licensed in New)ersey September 11, :2012 Nauman, Smith, Shissler & Hall, LL.P Craig J: Staudenmaier, Esq. 200 North Third Street P.O. Box 840 Harrisburg;. PA 17108-0840 RE: John and Jessica Young v. Norfolk Southern Corp. Dear Craig, Alina M. Dusharm Michael A. Trimmer"` Lam D. Truong '" Of Counsel I have attempted to contact. you via email regarding your answers and objections to our discovery requests, but have not yet been given a response. Please review my concerns and respond accordingly within 10 days of receipt of this Ietter. Here are my concerns regarding the answers to our discovery: 1. Interrogatory #9 -You object to this interrogatory as being overly broad and unduly burdensome.. Specifically, I'm lookixig for the policies and procedures that were in place at the time of the incident, or which have changed during the follow up of the incident. I do not need every policy and procedure, just those that relate to the claims or defenses that are used in this litigation. Vide have claimed that Norfolk Southern has improperly maintained their railroad, or improperly disposed of the equipment or materials used by the railroad, and that they have not given trespassers the proper care as required under the law. Any policies which are in place that relate to these claims are certainly discoverable. Similarly, any policies which relate to the defenses that Norfolk Southern is using is also discoverable. 2. Interrogatory #10 -Again, you object on the basis of overly broad and unduly burdensome. I am only seeking the information relating to the maintenance and repair of the railroad at or near the incident. If there was maintenance there 100 years ago, it is not my concern. I'm only looking for the information after they began the repair on the railroad which involved the materials in this incident. If there was any correspondence regarding that maintenance, and where to store the-metal tie plates and why, that is discoverable and should be The Key to Great Legal Services sM provided.. Specifically, I don't even. know if Norfolk Southern does its own repairs, or if it hired an outside. company to do the repairs. Who was in charge of maintaining the railroad and placing the scrap metal at the location? The correspondence to and from that person regarding the repairs and the placement of the materials is discoverable, since the motive of Norfolk Southern is at issue. 3. Interrogatory #11-Same issue here. I am willing to limit the request to 10 years before the incident, but the knowledge of ATV riders on the property is specifically in question, and we need to be provided any information regarding that knowledge. 4. Interrogatory # 12 - In your answer, you respond, "Norfolk Southern has been unable to Iocate any such materials referenced." I just wanted to clarify that you are saying that you cannot locate the documents, and not the used railroad materials that were left at the incident. 5. Interrogatory #13 -This interrogatory specifically relates because we need to show a knowledge of risk of harm. Any past incidents of Norfolk Southern involving ATV riders or trespassers would impact their awareness of a risk. This makes it discoverable information. 6. The requests for production of documents #2,7,9-10 also relate to this information, and I would seek a supplement to those requests also. Please provide me with appropriate responses within the time period listed above. If you have any other questions, feel free to contact me. Thank you. Sincere y; /~ / , %% ~~~ a M. Dusharm,~Fsq. • ,~ t t o r n e y s A t ^L a w Please reply to: P.O. Box 840 Harrisburg, PA 17108-0840 Craig J. Staudenmaier, Esquire Cjstaud(a,nssh.com Telephone Extension # 22 October 5, 2012 Alina M. I7usharm, Esquire Stone, Duncan & Linsenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 Via a-mail and first class mail Re: John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Corporation C.C.P., Cumberland County, PA, No. 12-472 Civil Term NS #10000326 NSSH #15463 Dear A1ina: In response to your letter dated September 11, 2012 regarding your concerns with Norfolk Southern's answers and objections to Plaintiffs' discovery, I am providing the following as a supplement to Norfolk Southern's previous answers and/or responses with the understanding that any reference to "ties" in Plaintiff s Interrogatories or Requests for Production shall be understood to .refer to "tie plates" since this was the material actually involved: Interrogatory No. 9 - No written trespasser policy exists. Norfolk Southern's Police Department deals with situations involving trespassers on a case-by-case basis in the most appropriate and effective manner. With regard to the remainder of Interrogatory No. 9, Norfolk Southern stands on its previous objections except to the extent that additional materials are identified in No. 10 below. Interrogatory No. 10 -With regard to the placement of materials, please find enclosed a document entitled "Local Preparation and Unloading of Materials Ahead of Dual Rail Laying". In addition, please find enclosed copies of two "Gang Sfips" dated March 17 and 18, 2010. These documents are provided to indicate the days upon which the work was done in the vicinity of where Mr. Young's accident occurred. With regard to the remainder of No. 10, Norfolk Southern stands on its previous objections. Interrogatory No. 11 -Without waiving its previous objections, Norfolk Southern has searched its Police Department records for the period of five years prior to this accident and has na record of any encounters or complaints regarding ATV riders at or near the location of Mr. Young's accident. 6uperior analysis, Effective solutions. Since 9877. Nauman Smith Shissler & Hali, LLP • Z00 North 3rtl Street • Harrisburg, PA 97907 • 717.236.30f0 • Fax: 717-234.1f)25 • www.nssh.com Alina M. Dusharm, Esquire October S, 2012 Page 2 Interrogatory No. 12 -Without waiver of its previous objections, Norfolk Southern has been unable to locate any documents or correspondence dealing with the placement or movement of the tie plates involved in Mr. Young's accident. The Daily Gang Sheets supplied in response to No. 10 above as indicated, show when the tie plates were used in the repair of the track in the area involved. William Calvert, was the Norfolk Southern Track Supervisor at the times relevant hereto. Norfolk Southern continues to search for additional documents or correspondence that may be responsive to this Interrogatory and reserves the right to supplement its response. Interrogatory No. 13 -There are no known accidents involving ATV Hiders or trespassers at the location where the subject incident occurred. Norfolk Southern incorporates its previous objection regarding identifying any and all accidents on any of its property within the last ten years as overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery. Request for Production No. 2 •- In addition to documents previously provided with Norfolk Southern's responses to Plaintiff s Request for Production, see documents provided herewith. Request for Production No. 7 - In addition to documents previously provided with Norfolk Southern's responses to Plaintiff's Request for Production, see documents provided herewith. Norfolk Southern incorporates its previous objection regarding providing records for any and all accidents on any of its property within the last ten years as overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery which is not likely to lead to the discovery of relevant information. Request for Production No. 9 -See responses to Interrogatories Nos. 9 and 10 above. Request for Production No. 10 -Without waiving its previous objections, please see the documents provided herewith. I trust that this addresses the concerns raised in your September 11 letter. If not, I will be happy to discuss them further with you. Sincerely yours, _~ Craig J. taudenmaier CJS/jai Enclosures cc: Bret P. Shaffer, Esquire w/encl. LCICAL PREPARATION AND UNLOADING t~F MATERIALS AHEAD 4F pUAL RAIL LAYING IN ORDER TO STANDARDIZE PREPARATION AND MATERIAL UNLOADING, THE FOLLOWING lNSTRUOTIONS ARE ISSUED FOR IMMEDIATE COMPLIANCE. PRELIMINARY PREPARATION: 1. ARRANGEMENTS ARE T4 BE MADE BY LOCAL FARCES FOFi THE TRACK TO BE CLEANED AHEAD OF RAIL LAYING. DUE TO THE LINE ESTABLISHED BY DUAL RAIL LAYING GANGS BEING DEPENDANT ON A VISIBLE CENTER MARK, THIS ASPEGT iS OF PRIMARY IMPORTANCE. 2. PRE-DETERMINED TIE-UP POINTS FOR GANG EQUIPMENT ARE TO BE FREE OF VEGETATION WHICH MIGH`C PbSE A FIRE HAZARD AND OF SUFFICIENT LENGTH TO ACCOMMODATE GANG CONSIST. FnR DUAL GANGS, 1200 FEET iS A SUFFICIENT DISTANCE FOR GANG EQUIPMENT, 1000 FEET FOR CAMP CARS, 700 FEET FOR TTX CARS, AND 400 FEET FOR TOOL CARS. 3. CAMPSITES AND PARKING AREAS FOR EMPLOYEE'S VEHICLES ARE TO BE CLEANED AHEAD OF THE ARRIVAL OF GANG, WITH ADEQUATE AMOUNTS OF STONE UNLOADED. 4. ESSENTIAL SUPP~,IES AND SERVICES REQUIRED BY THE GANG, SUCH AS WATER HOOKUPS, GRAY WATER DRAINAGE (SEWER OR SEPTIC), PORTABLE TOILETS, AND OXYGEN WILL BE NOTED TtJ DIVISION PERSONNEL BY EITHER THE GENERAL DIVISION ENGINEER OR RAIL GANG SUPERVISOR PRIOR TO ARRIVAL DATES. ARRANGEMENTS WILL THEN BE MADE BY LOCAL PERSONNEL TO OBTAIN THE REQUII'iED MATERIALS DISCUSSED. 5. PR10R TC7 MATERIAL UNLOADING, DIVISION PERSONNEL IIVILL DEVELOP A RAIL PR©FILE BY RQI~LING OFF THE ENTIRE JOB AND RECORDING ON A SCHEMATIC FOR EACH RIBBON (1440'), LANDMARKS WHICH ARE PERTINENT TO THE RAIL MATERIAL UNLOADING AND LAYING PROCESS. SUCH INFORMATION SHOULD SHOW IN Fi~C}TAGE FROM START OF EACH RIBBON WHERE, A.) MILEPQST, B.) ROAD CROSSINGS, C.) SWITCHES, D.) 6RlDGES AND TYPE, E.} CURVES ALONG WITH LENGTHS AND F.} WHEN PANDROL PLATES ARE REQUIRED AND ANY OTHER INF4RMATIQN THAT AFFECTS MATERIAL UNLOADING AND LAYING. PROVIDE THE RAIL GANG SUPERVISOR WITH A CQPY OF THIS PROFILE. MATI:~RIAL tJNLt~ADING: 1. RAIL--WHEN UNLOADING RAIL, INSURE THE RAIL IS SETUP ON BASE OR IF RAIL TURNS OVER, BALL OF RAIL IS LYING TOWARD FIELD SIDE. PREVIOUS INSTRUCTIONS REQUIRING RAIL OVERLAPPING IS NO LONGER NEEDED EXCEPT WHEN UNLOADING RAIL AT HEEL OF SWITCH, OVERLAP fS NEEDED TO ELIMINATE PLUG AND WELD AT FROG, WHEN RAIL IS LAID, SUPPaRT BEAMS ARE TO BE INSTALLED ON BRIDGES WHERE ADEQUATE SPACE IS NOT PROVIDED DUE TO THE PLACEMENT OF THE GUARD TIMBERS. CHICKEN WIRE IS TO BE INSTALLED IN THE CENTER OF BRIDGES TO PREVENT LOSS OF TIE PLATES AND AS AN ADDITIONAL SAFETY FACTOR. 2, SPIKES - 25 KEGS OF SPIKES ARE TO BE UNLOADED AT LEAST 5 RAIL LENGTHS (504 FT.) RRIOR TO THE BEGINNING LOCATION WHERE THE RAIL JOB COMMENCES, 94 KEGS OF SPIKES ARE TO BE UNLOADED APPRQXIMATELY 500 FEET FROM THE END OF EACH SUBSEQUENT RI860N. 3. ANCHOR SPIKING -DIVISION PERSONNEL WILL DETERMINE THE NUMBEF2 OF REI,.AY SPIKES NECESSARY PER CURVE BASED ON THE SPIKING PATTfwRN NECESSARY FOR THE DEGREE OF THE GUaVE. ANCHOR SPIKES AaE TC~ BE UNLOADED tJN THE RECEIV{NG END OF THE CURVES IN THE DIRECTIQN OF THE WORK. 4. TIE PLATES -- TQ INSURE AN ADEQUATE NUMBER, TIE PLATES WILL BE. . UNLOADED AND SET UP OFF THE HEAD OF THE TIES BY DIVISION PERSONNEL WITH ADDITIONAL LEFT FOR ROAD CROSSINGS. ALSO? LEAVE 50 EXTRA AT THE START dF THE LAYING LOCATION, (UPSIDE DOWN AS LAID iN TRACK) 5. ANCHORS -ANCHORS WILL BE UNLOADED IN EQUAL AMQUNTS C)N EACH SIDE OF TRACK Td BE LAID (2 PILES ON EACH SIDE}. BAGS ARE TO BE SPREAD QUT AND NbT LEFT UNLOADED IN PILES. THE INITIAL DROP FOR THE BEGINNING OF THE RAIL LAYING PROCESS SHOULD ~BE 700 FEET FROM THE LOCATION THE GANG !S TU START. APPRgXiMATELY 25 BAGS (50 TOTAL} ON EACH SIDE OF THE TRACK ARE TO BE 700 FEET FROM END. OF EACH RIBBON. * NOTE - DUE TO DOUBLE-ANCHORING iN CURVES WHICH CURVATURE NECESSITATES, AT SWITCHES, BONDED JOINTS, AND OPEN DECKED TRESTLES, THE NUMBER OF ADDITIONAL ANCHORS SHOULp BE COMPUTED BY LOCAL PERSONNEL AND UNLOADED AT DRQP fwOCATIONS. 6. PLUG WOaD - 8 BAGS QF PLUGWOdD WELL BE UNLOADED 5p0 FEET PRIOR TO THE LQCATiON RAIL LAYING IS TO BEGIN. THREE {3} BAGS SHOULD BE UNLOADED AFTER DROPS. SOME AREAS MAY REQUIRE ADDITIONAL P~.UG WOOD BASED ON THE EXISTING ANCHOR SPIKING AND DOUBLE SPIKING PATTERNS PRIOR T4 RAIL LAYING, 7. JOINT BARS -LOCAL PERSONNEL ARE TO INSURE THAT THE GANG SUPERVISOR HAS THE REQUIRED WEIGHT JOINT BARS, 80LTS, NUTS, AND WASHERS NEEDED FOR THE JOB_ - 8. MATERIAL FdR CAMP AND dPERATiON 8 OXYL~EN BATTLES 12 PORTA-JOHNS 10 700-GALLON HOLDING TANKS 6 300-GALLON H©LDING TANKS NAt~MAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme 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 Telephone: (717) 236-3010, Ext. 22 Facsimile: (717) 234-1925 e-mail: ~staud(c~nssh.com jbonn(cLnssh.com ~ {. ~ Er Lry4 lJr, 1 ~L~ i-~~i ~~ ~ .5 C;.='E~'iBER~.it~dD C^v~,~°diY P~tt~~SY~,'w'~~„~ Counsel for Norfolk Southern Corporation, Defendant John Young, Jr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2012-472 Civil Term Brian Zook and Norfolk Southern Railway Company, Civil Term Defendants MOTION TO OVERRULE PLAINTIFFS' OBJECTIONS TO SUBPOENAS ISSUED TO THE NORTHERN YORK COUNTY SCHOOL DISTRICT AND NOW comes NORFOLK SOUTHERN RAILWAY COMPANY, ("Norfolk Southern"), Defendant, by its attorneys, NAUMAN, SMITH, SHISSLER & HALL, LLP, and files the following Motion to Overrule the Objections of John Young, Jr. and Jessica Young, Plaintiffs, to subpoenas issued to the Northern York County School District ("School District"), representing in support thereof the following: 1. This case concerns a claim for personal injuries and loss of consortium brought by Plaintiffs, John. Young, Jr. and Jessica Young, husband and wife. 1 2. Their claims arise out of an all terrain vehicle accident which occurred on or near railroad tracks and a right of way of Norfolk Southern on January 30, 2010. 3. In their Complaint, Plaintiffs have asserted, in addition to claims for the personal injuries alleged by John Young, Jr., claims for loss of earnings and earning capacity, consortium and the inability of Jessica Young to work full-time due to the injuries her husband suffered. 4. In response to Answers to Interrogatories directed to both Plaintiffs, each answered that they had attended and graduated from Northern York County High School. 5. On or about October 3, 2012, Norfolk Southern, pursuant to Pa. R.C.P. 4009.21 provided to all parties and their counsel, Notice of an Intent to Serve Subpoenas on the Northern York County School District for the records of both John Young, Jr. and Jessica Young. A copy of the Notice with accompanying subpoenas is attached hereto and marked Exhibit "`A"~. 6. The subpoenas sought "all academic records relating to admissions, courses of study. transcript records and/or grades, attendance records, medical records, along with any other office notes, records and memoranda and/or documentation." On or about October 17, 2012, Plaintiffs filed Objections to those subpoenas pursuant to Pa. R.C.P. 4009.21(c). A true and correct copy of said Objections is attached hereto and marked Exhibit "B". 8. At the time of the alleged accident set forth in Plaintiffs' Complaint, John A. Young, Jr. was approximately 26 years of age and Jessica Young, approximately 27 years of age. 9. Plaintiffs' objections center on two basic arguments: (1) that requesting academic records from their public school years has little or no bearing on any of the issues currently presented in the case since both Plaintiffs have been out of high school for over ten years, (2) that 2 requesting medical records from public school has little or no bearing on the medical conditions of which Plaintiffs complain in this action. Plaintiffs raise no claims of privilege in the records sought. 10. To the contrary, Plaintiff John Young, .fr., has asserted claims that due to the injuries he suffered in the alleged accident, that he is unable to work and has thus suffered. both a loss of past earnings and of earning capacity. The academic records of John Young, Jr., considering his young age at the time of the accident, and the relatively short time since graduation from high school, will provide an insight into his academic capabilities as well as additional information which may point to other areas of other potential vocational. areas in which he may he able to still work and/or areas of limitation from which he suffered due to conditions totally unrelated to the accident and the injuries alleged to have resulted. from this accident.. 1 1. In addition, medical information concerning John Young, Jr. during his formative years through high school has a direct. bearing on any potential pre-existing or existing medical issues, problems or conditions that maybe revealed which would impact on the allegations of medical conditions or limitations now attributed to the accident and the resulting injuries therefrom. 12. With regard to Jessica Young, due to her claim that she cannot work due to the injuries her husband has suffered and the resulting responsibilities placed upon her, a review of her academic records will impact both this claim and give insight into the abilities of Ms. Young to obtain various types of employment potentially unrelated to any claims arising from this accident involving her husbande 3 13. Due to the nature of the claims asserted and the fact that it has been a relatively short period of time since both Plaintiffs attended public school, the records oi`the school district potentially bear directly upon the various claims of the Plaintiffs, particularly those dealing with employment. WHEREFORE, Norfolk Southern Railway Company, respectfully moves this Court for the entry of an Order overruling the objections of John Young, Jr. and Jessica Young to the subpoenas issued to the Northern York County School District and ordering that the subpoenas maybe served as issued. NAUMAN, SMITH, SHISSLER & HAUL, LLP _. ~~ By' ~ ------- Craig J. S u nmaier, Esquire Supreme Co rt 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: October 26, 2012 4 VERIFICATION I, Craig J. Staudenmaier,lEaquire, amember of the firm of Nauman, Smith, Shissler & Hall, LLP, attorneys for Norfolk Southern Railway Company, Defendant. in the foregoing proceeding, make this verification in behalf of Norfolk Southern Railway Company as its verification cannot be obtained within the time allowed for the filing of this pleading and. making the following statement subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities, and do state that as an attorney for Norfolk Southern Railway Company, I am authorised to make this Verification on behalf ofNorfolk Southern Railway Company, and do state that the facts set forth in the foregoing Motion to Overrule Plaintiffs' Objections To StTBPOENAS Issued to the Northern York County School District are true and correct to the best of my knowledge, information and belief. ~ ~ ~.- Craig J. St udenmaier, Esquire Supreme oust ID# 34996 Date: October 26, 2012 5 CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, CRAIG J. STAUDENMAIER, ESQUIRE, e of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing Motion to Overrule Plaintiffs' Objections To SUBPOENAS Issued to the Northern York County School District by hand delivering a copy of the same: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Lisenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 first class mail, postage prepaid to: Bret Shaffer, Esquire Baric Scherer LLC 19 West South St Carlisle, PA 17013 NAUMAN, SMITH, SHISSLER & HALL, LLP ~~ ~' By: - -- _ _ Craig J. Staudenmaier Date: October 26, 2012 6 NALTMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18`h Floor P. O. Box 840 Hamsburg, PA 17108-0840 Telephone: (717) 236-3010, Ext. 22 Facsimile: (717) 234-1925 e-mail: cistaud cvnssh.com jbonn~.nssh.com Counsel for Norfolk Southern Corporation, Defendant John Young, Jr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2012-472 Civil Term Brian Zook and Norfolk Southern Railway Company, Civil Term Defendants CERTIFICATE OF CONCURRENCE/NONCONCURRENCE I, CRAIG J. STAUDENMAIER, ESQUIRE, attorney for Defendant, Norfolk. Southern Railway Company, hereby certify that I have contacted Bret Shaffer, counsel for Defendant, Brian Zook, who concurs in the Motion to C)verrule Plaintiffs' Objections to Subpoenas Issued to the Northern York County School District and also contacted Jason B. Duncan, Esquire and Alina M. Dusharm, Esquire, counsel for the Plaintiffs, who do not concur in the Motion. NAUMAN, ~ITH, SHISSLER & HALL, LLP i By: ~ =- ~.~-~--- Craig J. taudenmaier, Esquire Supreme 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, Date: October 26, 2012 Defendant NAUIVL~.ti, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Corporation 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3014 Fax: (7171234-1925 John Young, Jr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2012-472 Civil Term Brian Zook and Norfolk Southern Corp., : Civil Term Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Corporation intends to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made the subpoenas may be served. NAUNIAN, SMITH, SHISSLER & HALL, LLP ~~ ~ Craig J. S.t~a denmaier, Esquire Supreme Co rt LD. No. 34996 200 N. 3`d Street, 18`" Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Counsel For: Norfolk Southern Corp., Defendant Dated: October 3, 2012 EXHIBIT ~ l~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERirAND John Young Jr. and Jessica Young Plaintiff , VS. , Brian Zook and Norfolk Southern Corporation Defendant Fiie No. 2012-0472 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Northern York County School District (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 tfie 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: Ctaig 1. stauamtnaia, Esquire ADDRE$ S: Nauman, Smith, Shissler & HaII, LLP 200 N. 3rd St., 18th Hr. Harriabur~ PA 17IOt TELEPHONE: n7-z3~-aoto «t zs SUPREME COURT ID # ~a~s ATTORI~IEY FOR: NorfolksouthemCarporabon txtmd.a Date: Se o he Court BY THE COURT: I Prothonotary, Civil Division Deputy John Young. Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO NORTHERN YORK COUNTY SCHOOL DISTRICT DR. ERIC ESHBACH, SUPERINTENDENT 149 S. BALTIMORE STREET DILLSBURG, PA 17019 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 the Subpoena: Any and all records, including electronically stored information {ESI), in the possession or under the control of the deponent, to JOAN A. YOUNG, JR., DATE OF BIRTH: 11/3/1984; SSN 210- 70-1140, including but not limited to, all academic records relating to admissions, courses of study, transcript records and/or grades, attendance records, medical records along with any other office notes, records and memoranda and/or documentation 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 Ai~tD THE ATTENDANCE OF A WITNESS IS EXCUSED PROVIDED COPIES OF THOSE RECORDS ARE PROVIDED TO THE UNDERSIGNED PRIOR TO THE DATE SPECIFIED ON THE SUBPOENA. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young , Plaintiff File No.2012-0472 VS. Brian Zook and Norfolk Southern Corporation Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Northern York County School District (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 Addendum A ~ Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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: c~ig J. sta~a~aia, Esquire ADDRESS: N~ sm+d,, sn~ssl~r ~ Hall, rcP 200 N. 3rd St, IBth Ar. Hartisburg,PA 1101 TELEPHONE: ~+7-Z~s-3olo ~ z~ SUPREME COURT ID # ~•~ ATTOR?~IEY FOR: NorfolkSouth«nCorporaaon nt~ Y THE COUR Prothonotary, Civil Division Date: ~~ Se of e Court ~ Deputy John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO NORTHERN YORK COUNTY SCHOOL DISTRICT DR. ERIC ESHBACH, SUPERINTENDENT 149 S. BALTIMORE STREET DILLSBURG, PA 17019 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 the Subpoena: Any and all records, including electronically stored information (ESI), in the possession or under the control of the deponent, to JESSICA R. (HAAS} YOUNG, DATE OF BIRTH: 9/1/1983; SSN 168-64-1404, including but not limited to, all academic records relating to admissions, courses of study, transcript records and/or grades, attendance records, medical records along with any other office notes, records and memoranda and/or documentation 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 DATE SPECIFIED ON THE SUBPOENA. CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing Notice of Intent to Serve Subpoenas was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Linsenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 (Counsel for Plaintiff) Bret Shaffer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 (Counsel for Defendant, Brian Zook) She~/ A. l'~Ia Paralegal ..J J 9 b Dated: October 3> 2012 OCT 1 9 20iC JOHN YOUNG, Jr., and JESSICAYOUNG, Plaintiffs, v. BRI:~~1 ZOOK, and NORFOLK SOUTHERN CORPORATION, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSY"L,VANIA CIVIL ACTION -LAW No. 2012-472 Jury Trial Demanded OBJECTIONS TO SUBPOENAS PURSUANT TO RULE 4009.21 Plaintiffs, John Young, Jr. and Jessica Young, by and through their counsel. Alina M. Dusharm, Esq., Jason B. Duncan, Esq., and the firm Stone, Duncan, & Linsenbach, P.C., object to the proposed subpoenas that are attached to these objections for the following reasons: 1. Plaintiffs graduated from Northern High School and have been out of school for over ten years. 2. There is no connection between Plaintiffs' academic records, courses of study, grades, or attendance records to the subject of this case-a recent ATV accident involving the Defendants' willful and wanton misconduct. 3. Defendants have already been able to obtain medical records for Plaintiffs for the previous ten years as well as any records dealing with the conditions at issue in this suit, yet Defendants would like to continue searching through more records dating back even further to the time when Plaintiffs were in high school, without any reason to show that they had any medical conditions which would have impacted his condition after the accident. There is no reason to believe that searching the medical records of the Plaintiffs as j uveniles over ten years ago would lead to the discovery of EXHIBIT admissible evidence. D 4. Since graduating from high school over ten years ago, Plaintiffs have held several jobs and gained valuable experience. 5. At this point, courses that were taken in high school and attendance records would have little impact on job prospects or potential earning capacity after obtaining a diploma and being in the work force for over ten years. 6. There is no indication that these records would lead to any admissible evidence relevant to determining Plaintiff's potential earning capacity considering the time that has elapsed since graduation and the experience gained since that time. 7. It is also unclear why Defendant would need "other office notes, records and memoranda and/or documentation," in addition to academic records, class and transcript records, grades, and attendance records for the purposes of discovery or trial. The subpoenas are overly broad, vague, and unduly burdensome, not reasonably limited in subject or time, and not likely to lead to the discovery of admissible evidence. Respect ~ j ~~ STO , DUNC , & LINSENBACH, PC Alina M. Dusharm, Esq. Attorney ID # 309861 Jason B. Duncan, Esq. Attorney ID # 87946 8 N. Baltimore Street Dillsburg, PA 17019 P. (717) 432-2089 F: (717) 432-0158 Date:_ i ~ t t_1,1 ~ CERTIFICATE OF SERVICE I, ¢~-i,.;~~..~ i~v ~s.~,=, ~•, , do certify that I have served a copy of Plaintiffs' Objection to Norfolk Southern's Subpoenas directed to Northern York County School District upon the following by first class mail: Bret Shafer, Esq. Baric, Scherer, LLC 19 West South Street Carlisle, Pa 1.7013 Attorney for Brian Zook Craig J. Staudenmaier, Esq. Nauman, Smith, Shissler, & Hall, LL:P 200 North Third Street, 18`~ Floor PO Box 840 Harrisburg, PA 17108-0840 Attorneys for Norfolk Southern DATE: tv/,_,~~_ i1~/f ~ STO , D ~ 'C , & LINSENBACH, PC Alina M. Dusharm, Esq. Attorney ID # 309861 Jason B. Duncan, Esq. Attorney ID # 87946 8 N. Baltimore Street Dillsburg, PA 17019 P. (717) 432-2089 F: (717) 432-0158 Attorneys for Plaintiffs COMMONW$ALTH QF PENNSYLVANIA COUNTY pF CUMBERC,AND John Young Jr, and Jessica Young . Pia;ntift' Flle No. 2012-0472 V S. Brian Zook and Norfolk Southern Corporation Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO' Northern York County School District (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: Please see .Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 garty making this request at the address listed above. You have tI'ie 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 parry serving this subpoena may seek a court order compelling you to comply with it. THLS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Craig I. Stiudenmaiu, Esquiro ADDRESS: Neuman, Smith, Shivly R Nell, LLP 200 N. 7rd St., IBth @r. E{ertieburg, PA 17101 TELEPHONE: m-z36-soto e,~r zz _ SUPREME COURT ID # 3x96 ATTORNEY FOR: Norfolk southern Corpomtian ndmd.et Date: ~ r Se 1 of he Court B Y THE COURT: Prothonotary, Civil Division Deputy r f i r John Young, Jr. and Jessica Young, Plaintiffs r v. Brian Zoolc and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL~IANIA NO.2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO NORTHERN YORK COUNTY SCHOOL DISTRICT DR. ERIC ESABACH, SUPERINTENDENT 149 S. BALTIMORE STREET DILLSBURG, PA 17019 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 the Subpoena; Any and all records, including electronically stored information (1~,SI), in the possession or under the control of the deponent, to JOHN A. YOUNG, JR., DATE OF BIRTH: 11/3/1984; SSN 210- 70-1140, including but not limited to, all academic records relating to admissions, courses of study, transcript records and/or grades, attendance records, medical records along with any other office notes, records and memoranda and/or documentation 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 DATE SPECIFIED ON THE SUBPOENA. COMMQNWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young • Plaintiff' File No. 2012-0472 VS. Brian Zook and Norfolk Southern Corporation • Defendant SUBPOENA TO PRODUCE DOCUMENTS OR TffiNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Northern York County School District (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 171.01 (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: ~~g I. Staudettmaier, Esquire ADDRESS: Naamut, Smith, Shialer i4 Ha{I, u.P a00 N. 3rd St., IBth flr. Eturisburg, PA 17101 TELEPHONE: 717-zsc-polo «c az SUPREME COURT tD # ~+~sa ATTORNEY FOR: Norfolk Southern Corporation D.tena.m Date: ~~ Se of e Court Y THE COUR Prothonotary, Civil Division Deputy I • John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO NORTHERN YORK COUNTY SCHOOL DISTRICT DR. ERIC ESIIBACH, SUPERINTENDENT 149 S. BALTIMORE STREET DILLSBURG, PA 17019 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 the Subpoena: Any. and all records, including electronically stored information (ESI), in the possession or under the control of the deponent, to JESSICA R. (HAAS} YOUNG, DATE OF BIRTH: 9/1/1983; SSN 16$-64-1404, including but not limited to, all academic records relating to admissions, courses of study, transcript records and/or grades, attendance records, medical records along with any other office notes, records and memorandaand/or documentation 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 DATE SPECIFIED ON THE SUBPOENA. NAUMAN, SMITH, SI-IISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 200 N. 3rd. Street, l 8th Floor P. U. t3ox 840 Harrisburg; PA 17108-0840 Phoney (71?) 23~-3010 Faa: t717~34-1925 John young. Jr. and Jessica Young, Plaintiffs Counsel For: Norfolk Southern Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~. NO. 2012-472 Civil Tenn __ . Brian Zook and Norfolk Southern Corp., Civil Term , ~~~ ~~- Defendants ~- ` LL m ~ -; ._ ;~. '_ _.. -:-,, NORFOLK SOUTHERN CORPORATION'S CERTIFICATE PREKEQUISITE _ - ""~-' ", ~~~-r; TO SERVICE OF SUBPOENAS PURSUANT TO RULE ~OU9.22 " -- ~ --- ~,;~,~'_ ~` As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4a09.?~, Defendant. Norfolk Southern Corporation, certifies that: (1) a notice of intent to serve the subpoenas with a copy of the subpoenas alaached thereto was mailed or deliver~:d to each party at least twenty days prior to the date on which the subpoenas ~~as s~~ught to be served. (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate. (3) All Opposing Counsel have no objections to the attached subpoenas and have agreed to ~~aive the twenty (20) day waiting period, and (4) the subpoenas which will be served are identical to the subpoenas whic~l~ are attached to the notice oI"intent to serve the subpoenas. NAUMAN, SMITH, SHISSLER & HALL, LLP i ~, y ~ ; ~ -_ __--~_, B ____ _ Craig J. idenmaier, Esquire Supreme Court I.D. #34996 Joshua D. Bonn. Esquire Supreme Court [D# 93961 200 North Third Street P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Corporation, Defendant Dated: '~1o~~~ember 1. ?012 NAU~IAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Corporation 200 N. 3rd Street, 18th. Floor P. O. Box 840 Harrisburg P A 17108-0840 Phone: (717) 236-3010 Fax: (717 234-1925 John Young. Jr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF .Plaintiffs v. Brian Look. and Norfolk Southern Corp., Defendants CUMBERLAND COUNTY, PENNS~'LVANIA NO. 2012-472 Civil Term Civil Term NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Corporation intends to serve subpoenas identical to the ones that are attached to this Notice. You have riventy (20) days from the date listed belo~~ in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made the subpoenas may be served. NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. S audenmaier, Esquire Supreme ourt I.D. No. 34996 200 N. 3`~ Street, 18`"Floor P. O. BOX 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Counsel For: Norfolk Southern Corp., F?efendant Dated: October~~, 2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young Plaintiff VS. Brian Zook and Norfolk Southern Corporation Defendant File No.2012-0472 SLtBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUAI~IT TO RULE 4009.22 TO: CONCENTRA URGENT CARE (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 Addendum A at Nauman, Smith, Shissler & HaII, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 thf; 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 PERSOiv: NAi~1E: Craig J Staudenmaier, Esquire I~DDR-ES S; Nauman, Smith, Shissler & Hall, LLP ?00 N. 3rd St.. 18th flr. Harrisburg, PA 17101 TELEPHONE: 117-ne-3olo est zs SUPREME COURT ID # ,a,y~ ATTOR~iEY FOR: Norfolk Southern Corporation Dciuiuum I Date:_ Seal ofth Cou BY THE COL'R I Prothonotary, Civil Division Deput.~ John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLI~AS OF CUMBERLAND COUNTY, PEIv'NSYLVANIA NO. 2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO CONCENTRA URGENT CARE 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 the Subpoena: Anv and all records in the possession or under the control of the deponent, including electronic medical records (EMRs), electronic health records (EHRs) and electronically stored information (ESI), relative to treatments and services rendered to BRIAN E. Zoox, DATE OF BIRTH: 5/17/1984; SSN 187-64-1740, including but not limited to, medical, hospital, psychological, mental health and/or drug and alcohol records, 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 DATE SPECIFIED ON THE SUBPOENA.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young Plaintiff File No.2012-0472 VS. Brian Zook and Norfolk Southern Corporation Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUAi'vT TO RULE 4009.22 TO: HEMPT BROTHERS (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 tht: 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 (?0) days alter 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: NAIvIE: Craig 1. Staudenmaier, Esquire ADDRESS: Nauman, Smith, Shissler 3c Hall, LLP 200 N. 3rd St., 18th E7 r. Harrisburg, PA 171 OI TELEPHONE: ~n-23a-3aloe<tzz SUPREME COURT ID # ~+~~~ ATTORNEY FOR: Norfolk Southern Corporation oria,dom Date: Seal of th Court BY THE COURT: Prothonotary, Civil Division ~- Depute John Young. Jr. and Jessica Young, : IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2012-472 Civil Term Brian Zook and Norfolk Southern Corporation, Inc. Civil Term Defendants SIiBPOENA DIRECTED TO HEMPT BROTHERS, INC. 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 the Subpoena: Any anal all records in the possession or under the control of the deponent relative to BRIAN E. ZOOK, DATE OF BIRTH: 5/17/1984; SSN 187-64-1740, including but not limited to all personnel records, application for employment, dates of employment, payroll records, worker's compensation records, disability records, medical records, insurance information along with any other office notes, records and memoranda and/or documentation 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 :DATE SPECIFIED ON THE SUBPOENA. COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND John Young Jr. and Jessica Young Plaintiff File No. 2012-0472 V S. Brian Zook and Norfolk Southern Corporation Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUAI~TT TO RULE 4009.22 TO: Total Vision. Care (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 Addendum A at Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 t:he 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 courr, order compelling you to comply ~Nith it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~j;~y[E; Craig J. Staudenmaier, Esquire ADDRESS; Nauman, Smith, Shissler & Hall, [.LP 20o N. 3rd St., 18th flr. Hazrisburg, PA 17101 "TELEPHONE: n~-z_~6-3oloeXtzz SUPREME COURT ID # sa99e ATTORNEY FOR: Norfolk Southern Corporation nerm~~ Date: Seal oft e Court BY THE COURT: ~Q~Xt~ 1 D~ ~- Prothonotary;. Civil Division Deputy John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PL:FAS OF CUMBERLAND COLrNTY, PENNSYLVANIA NO. 2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO TOTAL VISION CARE 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 the Subpoena: Any and all records in the possession or under the control of the deponent, including electronic medical records (EMRs), electronic health records (EHRs) and electronically stored information (ESI), relative to treatments and services rendered to Brian E. Zook, Date of Birth: May 17, 1984, Social Security Number: 187-64-1740, including but not limited to, all prescriptions, bills/invoices, office notes, records and memoranda, results of diagnostic tests and examinations, notes of treatment and services rendered and insurance information along with any other office notes, records and memoranda and/or documentation 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 DATE SPECIFIED ON THE SUBPOENA. CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing 2~otice of Intent to Serve Subpoenas was served by United States First Class Mail, postage pre-paid, upon those persons) listed below: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone.. Duncan & Linsenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 (Counsel for Plaintiff) Bret Shaffer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 (Counsel for Defendant, Brian Zook;1 ~- % Sherry May, Para eg Dated: October, 2012 NAUMAN, SMITH, SHISSLER & MALL, LLP Craig .i. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Corporation 200 N. Ord Street, l 8th Floor P. O. Box 840 I~[arrishur~~ P.-~ 17108-0840 Phune (717) 236->010 Fax: ~ 17 j 2 4-192> John Young..fr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA ~ . NO. 2012-472 Civil Term Brian 7ouh and Norfolk Southern Corp., Civil Tenn Defendants CERTIFICATE OF SERVICE i hc•rcbv certify that I have on the date written ~elow~, served a copy of the loregoing `'Certificate Prerequisite to Service of Subpoenas" upon counsel of record by placing same in the United States 'Mail, fin-st-class, postage prepaid, at Harrisburg, Peiuisylvania, addressed to the following: .Iason B. Duncan, Esquire Alina VI. Dusharm. Esquire Stone_ Duncan & Linsenbaeh, PC 8 N. Baltimore St Dillsburg. P-~ 17019 (Counsel (or Plaintiff Bret Shaffer, Esquire Basic Scherer LLC 19 West South Street Carlisle., PA 17013 (Counsel for Defendant, Brian 7.001: ) ~ ;' L.,,_, , t Sherri A. Iy~~ay, Paralegal Dated: ~ov~ember 1, 2012 JOHN YOUNG, JR., an incapacitated: IN THE COURT OF COMMON PLEAS OF Person, and JESSICA YOUNG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS N0. 12-472 CIVIL TERM BRIAN ZOOK and NORFOLK SOUTHERN RAILWAY COMPANY, Defendants IN RE: AMENDED CAPTION ORDER OF COURT AND NOW, this 26th day of October, 2012, John Young, Jr., having been found to be an incapacitated person, it's hereby ORDERED AND DIRECTED that the caption of this case will now read John Young, Jr., an incapacitated person, and Jessica Young, Plaintiffs, versus Brian Zook and Norfolk Southern Railway Company, Defendants. By the Court, ~~ M.L. Ebert, Jr., J. ~/ Jason B. Duncan, Esquire Alina B. Dusharm, Esquire For the Plaintiffs j/ Mark Bayley, Esquire For John Young, Jr., an incapacitated person / Bret Shaffer, Esquire For Defendant Brian Zook / Craig Staudenmaier, Esquire For Defendant Norfolk Southern Railway Company mlc Cpl,; t5 /~na ~~:'~ /l/~~//a ~~`~ c-~ c q ~-~-~- -=~; W --+ ~ ~ ~~ ~ ~ ~ ~ ~ ~ r ~ s ~:~ ~~ ~ ~~~ (.~ ~ '~ ~ r~--i w . ~ L ~ ~ Ty ---) r NAUMAN, SMITH, SHISSLER & HALL, L~~,. t , , _ t ~ ~,, , , ` ~ _ ~ ~ ~ ~ ~ `A Craig J. Staudenmaier, Esquire ' `' Supreme Court ID# 34996 e _~ ~ ' ° ~+~ ` ~; `' ' ~ ~ ; Joshua D. Bonn, Esquire , .- ~ ~ ~: Supreme Court ID# 93967 " i i 11 i_~r 4 . ~Cai-~+~~ rr',` ~ ~, , ~ _ , 200 North Third Street, 18 Floor P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010, Ext. 22 Facsimile: (717) 234-1925 e-mail: ~staud(c~nssh.com ibonn(a~nssh.com Counsel for Norfolk Southern Corporation, Defendant John Young, Jr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA v. Brian Zook and Norfolk Southern Railway Company, Defendants NO.2012-472 Civil Term Civil Term RESPONSE OF NORFOLK SOUTHERN RAILWAY COMPANY DEFENDANT TO PLAINTIFFS' MOTION TO COMPEL DISCOVERY AND NOW comes NORFOLK SOUTHERN RAILWAY COMPANY, ("Norfolk Southern"), Defendant, by its attorneys, NAUMAN, SMITH, SHISSLER & HALL, LLP, and files the following Response to Plaintiffs' Motion to Compel Discovery: 1. Admitted. 2. Admitted. By way of further response, by the time of the filing of this Response, the guardianship hearing had been held before Judge Ebert and Judge Ebert issued an Order appointing a guardian ad litem for John Young, Jr., Plaintiff herein, for this proceeding. 3. Admitted. 1 4. Admitted. 5. Admitted. 6. Denied as stated. It is admitted that Plaintiffs' counsel had contacted Norfolk Southern's counsel by email regarding its objections to various interrogatories and request for production which culminated in a letter of September 11, 2012 in the form attached as Exhibit B. 7. Denied as stated. It is admitted that Plaintiffs' counsel attempted to set forth bases for why Norfolk Southern's objections to Interrogatory No. 13 and Request No. 7 were unfounded, however, it is denied that said explanations set forth a sufficient basis under Pennsylvania law to overcome the valid objections set forth by Norfolk Southern. 8. Denied as stated. It is admitted that counsel for Plaintiffs and Norfolk Southern spoke by telephone and Norfolk Southern agreed to provide a supplemental response to Plaintiffs' September 11, 20121etter. Norfolk Southern did not waive nor agree not to assert any prior or new objections. 9. Admitted in part and denied in part. It is admitted that on October 5, 2012, Norfolk Southern provided supplemental responses to the contents of Plaintiffs' counsel's letter of September 11, 2012 regarding the previous objections to Plaintiffs' Interrogatories and Request for Production. It is denied that said response merely "reiterated many of the same objections." To the contrary, Norfolk Southern provided specific, additional answers to Interrogatories No. 9, 10 (with documents), 11, 12 and 13, and with regard to the additional documentation provided, provided supplemental answers to Requests for Production Nos. 2, 7, 9 and 10. Norfolk Southern continued to object to Plaintiffs overly broad, vague and unduly burdensome request which requested information on any and all accidents involving ATV riders 2 or trespassers at any location on any property of Norfolk Southern system wide. Norfolk Southern's operations cover 22 states and the province of Ontario, Canada and cover approximately 21,300 miles of track within North America. In addition, Plaintiffs' request covers a period of 10 years. Plaintiffs have not and cannot demonstrate how accidents, if any, involving ATV riders or trespassers in Connecticut, North or South Carolina or Indiana are relevant or likely to lead to the discovery of relevant information regarding the ATV accident at issue in this case. This fact is compounded when the information requested is asked to cover a decade of time. In addition, Norfolk Southern does not maintain information in this form and to acquire such information would more likely entail having to hand review in each of its numerous claims offices throughout Norfolk Southern's system any such incidents. Such a process is per se unduly broad and overly burdensome. By way of additional response, the accident at issue in this case occurred while Plaintiff, John Young, Jr., was a passenger on an ATV being operated by Brian Zook, who was intoxicated at the time of the accident, riding at high speed with Mr. Young on the back, trespassing upon Norfolk Southern's right of way. While attempting to pass another ATV, Mr. Zook collided with tie plates which were track material located along the right of way which were being used for anticipated repairs of the track. It is highly unlikely that similar type accidents have occurred or could be discovered by Norfolk Southern, which is a requirement for any such accidents to be relevant or likely to lead to the discovery of relevant information, as to notice or other issues raised in this proceeding. See, Whitman v. Riddell, 324 Pa. Super. 177, 180-181, 471 A.2d 521, 523 (1984), Stormer v. Alberts Construction Co., 401 Pa. 461, 466, 165 A.2d 87, 89 (1960). 3 10. Admitted in part and denied in part. It is admitted that Norfolk Southern restated its objections to Interrogatory No. 13 and Request for Production of No. 7 on the basis that it asked for information regarding any and all known accidents involving ATV riders or trespassers on Norfolk Southern's entire system. It is denied that Norfolk Southern failed to answer any questions with regard to relevant information as to this suit. Norfolk Southern in its additional response of October 5, 2012 indicated in its additional response to Interrogatory No. 11 that it had searched its police department records for a period of 5 years prior to Mr. Young's accident and had no record of any encounters or complaints regarding ATV riders at or near the location of his accident. In addition, in additional response to Interrogatory No. 13, Norfolk Southern indicated that it was not aware of any known accidents involving ATV riders or trespassers at the location where Mr. Young's accident had occurred. 11. Admitted. By way of additional response, as part of its original objection, Norfolk Southern asserts that the Interrogatory and Request for Production do not request information which is relevant to the within suit nor likely to lead to the discovery of relevant information. As stated earlier, Plaintiffs have not and cannot explain how knowing the occurrence of accidents, if any, involving ATV riders or other types of trespassers at locations in other states hundreds or thousands of miles from where Plaintiffs' accident occurred are relevant to the alleged notice issue raised by Plaintiffs, or to his suit, nor likely to lead to the discovery of such relevant information. In addition, Norfolk Southern incorporates by reference the response set forth to paragraph No. 9 above. 12. Admitted in part and denied in part. It is admitted that Plaintiffs have agreed to limit its request to accidents involving ATV riders and/or trespassers that occurred within the 4 last 10 years. It is denied that this "limitation" cures the basis for Norfolk Southern's objection. Norfolk Souther herein incorporates by reference its responses to paragraphs 9, 10 and 11 above. 13. Admitted in part and denied in part. It is admitted that Plaintiffs' and Norfolk Southern's counsel have discussed the objection of Norfolk Southern to Interrogatory No. 13 and Request for Production No. 7 but have been unable to resolve the dispute. It is denied that the Interrogatory and Request for Production are permissible or that they request information which is discoverable on the issue of Defendant's knowledge of risk of harm. Norfolk Southern herein incorporates by reference its responses to paragraphs 9 - 11 above. 14. The averments of paragraph 14 are neither admitted nor denied as they refer to a standard of care under Pennsylvania law which speaks for itself. In addition, as to the averments of paragraph 14 which pertain to statements made in Plaintiffs' brief, this refers to a written document which also speaks for itself. It is denied that knowledge of risk of harm, even if an element of Plaintiffs' case, provides a sufficient basis to allow the type of discovery requested in Plaintiffs' Interrogatory No. 13 and Request for Production No. 7. 15. Admitted. 16. Admitted. 17. Admitted. Norfolk Southern would request oral argument on both its Motion to Compel Plaintiffs' discovery and upon the instant Motion of Plaintiff to Compel discovery as to Norfolk Southern. 5 WHEREFORE, Norfolk Southern Railway Company, Defendant, respectfully requests that the court deny Plaintiffs' Motion to Compel Discovery. NAUMAN, SMITH, SHISSLER & HALL, LLP By: -- - Craig J. taudenmaier, Esquire Suprem 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: November 14, 2012 6 CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Judy A. Imes, an employee of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing Response of Norfolk Southern Railway Company, Defendant, to Plaintiffs' Motion to Compel Discovery by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Lisenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 Bret Shaffer, Esquire Baric Scherer LLC 19 West South St Carlisle, PA 17013 Judy(. Imes Date: November 14, 2012 7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN YOUNG, Jr., and JESSICA YOUNG, Plaintiffs, v. . BRIAN ZOOK, and NORFOLK SOUTHERN RAILWAY COMPANY, Defendants. Jury Trial Demanded ORDER `k<< ''`` AND NOW, this ~ ~ day of N aV ,2012, upon consideration of Plaintiffs' Motion to Compel Discovery, it is hereby ordered that Plaintiffs' Motion be GRANTED. Defendant Norfolk Southern Railway Company shall have `~ days to comply with the discovery requests. BY THE COURT: J. ~R P cJUHL~d.A ~ /4,~~~G . Lori ~ h ~op;es ~ ~L,/ it/ill iz No. 2012-472 CIVIL ACTION -LAW 5 c~ ~-, ., -_ ~ ~_~ ~~ ,:: --a _ Tt W fY9 _ ' . ~' ..,,y ~} ...~ - T~ t . C, ~" C-7 ~, ° .~. c ~i _; ,i °- - b'~ .~ '_~i'. --~, NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18`h Floor P. 0. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010, Ext. 22 Facsimile: (717) 234-1925 e-mail: ~staud(a~nssh.com jbonn@,nssh.com Counsel for Norfolk Southern Corporation, Defendant John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Railway Company, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2012-472 Civil Term Civil Term ORDER t~ AND NOW, this ~ 5 day of NiDy , 2012, upon consideration of the foregoing Motion of Norfolk Southern Railway Company, Defendant, to overrule the objections of John Young, Jr. and Jessica Young, Plaintiffs, to subpoenas directed to the Northern York County School District, it is hereby ORDERED that said Motion is GRANTED, and that the objections of John Young, Jr. and Jessica Young, Plaintiffs, to the subpoenas issued to the Northern York County School District are overruled and Norfolk Southern Railway Company is authorized pursuant to Pa. R.C.P. 4009.21(d)(1) to issue the subpoenas in the form attached as Exhibit "A" to their Motion to the Northern York County School District. BY THE COURT: J. Distribution List: ~Alina M. Dusharm, Esquire and Jason B. Duncan, Esquire 8 North Baltimore Street Dillsburg, PA 1?019 /Bret Shafer, Esquire Baric, Scherer, LLC 19 West South Street Carlisle, PA 17013 Craig J. Staudenmaier, Esquire Nauman, Smith, Shissler & Hall, LLP 200 North Third Street, 18~` Floor P. O. Box 840 Harrisburg, PA 17108-0840 CO~d; °S yyta,~l~e~ ////,~~~ c 3 ova N ~ --i ;-~; ~'~' z% .,,c -~,.~., :~ ~~'' _ ~ `~ D r a ~ -~, --~ ~' . NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Railway Company 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: !7171234-1925 John Young, Jr.,an incapacitated IN THE COURT OF COMMON PLEA (( `~ person, and Jessica Young :CUMBERLAND COUNTY, PENN~VA~TIA ~ -,:.-~ Plaintiffs - `~' ` v. N0.2012-472 Civil Term ~~ ~'~ ~~- `_" ~~~', _, Brian Zook and "' ~-; ~~~ Norfolk Southern Railway Company, Civil Term ;~ ~ -' ~ = `` t Defendants ~. ~ ' ~ J - NORFOLK SOUTHERN RAILWAY COMPANY'S CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Norfolk Southern Railway Company, certifies that: (1) a notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas was sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) Opposing Counsel's objections were overruled by Order dated November 15, 2012 (see copy attached), and Norfolk Southern is authorized pursuant to Pa. R.C.P 4009.21(d)(1) to issue the subpoenas, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. NAUMAN, SMITH, SHISSLER & HALL, LLP By: _ Craig J. udenmaier, Esquire Suprem Court I.D. #34996 Joshua D. Borm, Esquire Supreme Court ID# 93967 200 North Third Street P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant Dated: November 19, 2012 NUV ~ y ZOi2 NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18~ Floor P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010, Ext. 22 Facsimile: (717) 234-1925 e-mail: cjstaudna,nssh.com j_bonn sh.com John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Railway Company, Defendants 7~ Vic; E. EpD -`O F{F~ ~lyCn~7~ ~y ~~~ t ~1,. Pi10 t ~VI~U lAli~l ~~ f 2 NOV ~ ~ a~ EO: ~ ~ CUMBERLAND COUNTY PENlVSYLVANlA Counsel for Norfolk Southern Corporation, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2012-472 Civil Term Civil Term ORDER AND NOW, this ~.S day of ~a`'y .2012, upon consideration of the foregoing Motion of Norfolk Southern Railway Company, Defendant, to ovemile the objections of John Young, Jr. and Jessica Young, Plaintiffs,. to subpoenas directed to the Northern York County School District, it is hereby ORDERED that said Motion is GRANTED, and that the objections of John Young, Jr. and Jessica Young, Plaintiffs, to the subpoenas issued to the Northern York County School District are overruled and Norfolk Southern Railway Company is authorized pursuant to Pa. R.C.P. 4009.21(d)(1} to issue the subpoenas in the form attached as Exhibit "A" to their Motion to the Northern York County School District. BY THE COURT: /S/ ~ , X . ~~~ ~ , J. Distribution List: Alina M. Dusharm, Esquire and Jason B. Duncan, Esquire 8 North Baltimore Street Dillsburg, PA 17019 Bret Shafer, Esquire Baric, Scherer, LLC 19 West South Street Carlisle, PA 17013 Craig J. Staudenmaier, Esquire Nauman, Smith, Shissler & Hall, LLP 200 North Third Street, 18`~ Floor P. O. Box 840 Harrisburg, PA 17108-0840 NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Corporation 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax• (717} 234-1925 John Young, Jr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2012-472 Civil Term Brian Zook and Norfolk Southern Corp., Civil Term Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Corporation intends to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made the subpoenas may be served. NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Spa denmaier, Esquire Supreme Co I.D. No. 34996 200 N. 3`d Street, 18`h Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Counsel For: Norfolk Southern Corp., Defendant Dated: October 3, 2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERI;AND John Young Jr. and Jessica Young Plaintiff VS. Brian Zook and Norfolk Southern Corporation Defendant File No. 2012-0472 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Northern York County School District (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 Addendum A ~ Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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: C[aig 7. Stsudenmai«, Esquire ADDRESS: Nr seutFi, stual« ~ H.tt, ~e 200 N. 3rd St, 18th flr. ~~ri. PA I7t0t TELEPHONE: ~t~-n~-soto~ezz SUPREME COURT ID # ~ ATTORNEY FOR: Nafotk soudian Cocpocmio~ o.r~ Date: S o e Court BY THE COURT: ~ ~ L~ ~ n Prothonotary, Civil Division Deputy John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO NORTHERN YORK COUNTY SCHOOL DISTRICT DR. ERIC ESHBACH, SUPERINTENDENT 149 S. BALTIMORE STREET DILLSBURG, PA 17019 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 the Subpoena: Any and all records, including electronically stored information (ESI), in the possession or under the control of the deponent, to JOHN A. YOUNG, JR., DATE OF BIRTH: l1/3/1984; SSN 210- 70-1140, including but not limited to, all academic records relating to admissions, courses of study, transcript records and/or grades, attendance records, medical records along with any other office notes, records and memoranda and/or documentation 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 DATE SPECIFIED ON THE SUBPOENA. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr. and Jessica Young , Plaintiff , VS. Brian Zook and Norfolk Southern Corporation Defendant File No.2012-0472 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Northern York County School District (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 Addendum A ~ Nauman, Smith, Shissler & Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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: ~B j• Staudeamaier, Esquire ADDRESS: N~mr4 s~ln, shittier do Eiill, t.I.P 200 N. 3rd St, I Bdt flr. Eitrtitbury, PA 17101 TELEPHONE: rl~-2]6-3oloe:rz2 SUPREME COURT ID # K~ ATTORNEY FOR: NcrfolkSoud~emcorporation ~~ Date: ~~ Se of a Court Y THE COUR tary, Civil Division Prothono Deputy John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Corporation, Inc. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2012-472 Civil Term Civil Term SUBPOENA DIRECTED TO NORTHERN YORK COUNTY SCHOOL DISTRICT DR. ERIC ESHBACH, SUPERINTENDENT 149 S. BALTIMORE STREET DILLSBURG, PA 17019 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 the Subpoena: Any and all records, including electronically stored information (ESI), in the possession or under the control of the deponent, to JESSICA R. (HAAS} YOUNG, DATE OF BIRTH: 9/1/1983; SSN 168-64-1404, including but not limited to, all academic records relating to admissions, courses of study, transcript records and/or grades, attendance records, medical records along with any other office notes, records and memoranda and/or documentation 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 OBTAII~TING 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 DATE SPECIFIED ON THE SUBPOENA. CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing Notice of Intent to Serve Subpoenas was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Linsenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 (Counsel for Plaintiff) Bret Shaffer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 (Counsel for Defendant, Brian Zook) She A. a Parale a1 rry Y, g Dated: October 3, 2012 NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Railway Company 200 N. 3rd. Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax• (7171234-1925 John Young, Jr., an incapacitated 1N THE COURT OF COMMON PLEAS OF person, and Jessica Young :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. N0.2012-472 Civil Term Brian Zook and Norfolk Southern Railway Company, :Civil Term Defendants CERTIFICATE OF SERVICE I hereby certify that I have on the date written below, served a copy of the foregoing "Certificate Prerequisite to Service of Subpoenas" upon counsel of record by placing same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Linsenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 (Counsel for Plaintiff) Bret Shaffer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 (Counsel for Defendant, Brian Zook) ,~ i Sherry A. ay, Parale Dated: November 19, 2012 AUTHORITY TO PAY COURT APPOINTED COUNSEL W t. COURT ^ District Justice Common Pleas ^ Appellate ^ Other 2.VOUCHER N~ 4 6 3 3. FOR ID.J , .P APPELLATE) 4. AT (CITY~ST < ~ TE) 5. UOGET CODE -/573-/D-~~ < $ T e 6. IN THE CASE OF ~, Lk R \ . ~/ S. 7. CHARGE/OFFEN E (PURDON CITATION) B. ^ PETTY OFFENSE , ,ip1.~ to ~OVtAq ! ~t'Uw~ 7,.00t4r~ s 7 "S \ t/~J ^ FELONY ^ MISDEMEANOR be bristly) 9. PROCEEDINGS (Descri 11. PERSON REPRESENTED 12. CIVIL DOCKET NO. ^ ! f ~ / r ~ ` ~ t O / ~ ~ 1 ^ pelendant -1ldult ' Z-~{ 1 Z ~ ~ ~ ~ ~ ;e 6 I F- v A ~ R ~r 2^ Defendant • Juvenile L* ` W ~ ~ /t ~ r 3 ^ Appellant 4 O At7pellee 13. IMIMkL 00~1CET NO. "•-~ .,...( T ^ Cr/t l~f~ C..T ~.. 5 ^ Mabeas Petitioner ~ "'(7 -" ^", G~lv`~1 ~p~"-~- 11/lC~-~-2~ 6 ^ Material Witness ~~~ ~ ' '3 ra ~ 10. PERSON REPRESENTED (Full Name) 7 ^ Parolee Charged With V+otation g ^ Probetroner Charged With Violation t ADO _ NO. 9 ~ Other. -~~` O r ~ i ^Y i '- , ~ " 1 ~~ ~ 16. NAME OF ATTORNEY/PAYEE AND ~ L MAILING ADDRESS C ; "C ADpt Date . yJ _..,., •• _ rt, ' . _. ._.1 v Mark F Ba le Ese €'tirt~ ~ / ,~ / ~ ~% /l ~ ~ ' ~ ~ t ~ ~ r . y y, ( ~ . . - • . l - p~, - 17 West South Street; NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE Carlisle, PA 17013 (717) 241-2446 EIN#20-5424881 17. TELEh.. _ N rvo CLAIM FOR SERVICES OR EXPENSES 19. SERVICE HOURS DATES AMOUNTS CLAIMED a. Arraignment and/or Plsa Multiply rate per hour times total h t rt" • b i "I C b. Preliminary Hearing com ours o o ta n n ou pensation. Enter total below. c Motions and ReCueats ~ t- d !fail Hearings =1":t ~ - ¢ ~ e. Sentence Hsarings ~- r r* "x) ~;, < ~ ~`C 4^J U Z t. Trial I T -, ' ~:, ..7 `,- ° iV g. Revocation Hearings 1 x ~~ - - f'!' h. Juvenile Hearings ~- ~ ~ '~ } i. Appeals Court 191~Q~A ' N COM.Pr?? 6 Other (Specify on additional sheets) _~ ~ ?~-- f'T'1 1 `f? $ _ ' X $55 PER HOUR 20, a. Interviews and conferences Multiply rate per hour times total f " " ~ b. Obtaining and revievrinq records hours. Enter total Out o Court compensation below. ~ O tL G Legal research and brief writing ~ d. Investigative and other work (Specify on florist sheets} 20A TOTAL OUT Of COURT COMP. TOTAL HOURS = X $45 PER HOUR : 3 21. ITEMIZATION OF REIMBURSABLE EX PENSES AMT. PER ITEM Miles e $ er mile x tx w Please contact Court Administrator for current mileage rate = 21A TOTAL ITEMIZED EXP. O 22. CERTIFICATION OF ATTORNEY/PAYEE 23. t3RAN0 TOTAL CLAIMED Has compensation and/or reimbursement for work In this case provlously been applied for? ^ YES L~NO = s ~ C., f ~r ~b If yes,wereyoupaid? ^ YES ~NO If yea, by whom were youps{d7 How much? 24. DEDUCT. PRIOR PYMTS. Has the person represented paid any money to you, or to your knowledge anyone else, to connection with the matter for ' S ~_ which you were appointed to provide representatio 7 l7 Y ~ NO If yea give details on additional haste l swear or affirm the truth or correctness ~ /~./1~ ~ - 7~~ Z 25: NET AMOUNT ClA1MED of the above statements ignaturs of Attomay/P yes Oate : s t G~ '-'O r/ QB,Ar'CFIOVEU Fur, r ~~vrwE Signature of ~Oale: ,1 1~ ~ ~ J e ~ d 27. AMT. APPROVED m S ~y ~ ~~ N u g , V Copy 1 -Mail to Court Administrator at completion of service Young, John Jr. -INVOICE -10-26-12 7-18-12 Phone w/Beth; open file; scheduling; memo 7-19-12 Review order; memo 7-23-12 Obtain, review file 7-25-12 Review file; phone counsel; letter; phone w/ counsel 8-15-12 Review st. memo 9-21-12 Review st. memo, file 10-26-12 Review file; hearing; close file Total Hours: @$45.00/Hour: .4 .2 1.0 .8 .1 .2 .6 3.3 $148.50 ~ f NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, 18" Floor P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010, Ext. 22 Facsimile: (717) 234-1925 e-mail: cjstaud&nssh.com jbonnC&nssh.com. (?l Counsel for Norfolk Southern Corporation, Defendant John Young, Jr., an incapacitated IN THE COURT OF COMMON PLEAS OF person, and Jessica Young, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. Brian Zook and Norfolk Southern Railway Company, Defendants NO. 2012-472 Civil Term Civil Term MOTION OF NORFOLK SOUTHERN RAILWAY COMPANY FOR RECONSIDERATION AND NOW comes NORFOLK SOUTHERN RAILWAY COMPANY, Defendant, ("Norfolk Southern"), by its attorneys, NAUMAN, SMITH, SHISSLER & HALL, LLP, and files the following Motion for Reconsideration of the Court's Order of November 15, 2012 in the above-referenced matter, representing in support thereof the following: 1. This case concerns a claim for personal injuries and loss of consortium brought by Plaintiffs, John Young, Jr. and Jessica Young, husband and wife, that arises out of an all-terrain vehicle accident which occurred on or near railroad tracks and right of way of Norfolk Southern on January 3 0, 2010. 2. The parties exchanged Interrogatories and Request for Production. 3. Based upon objections filed by Norfolk Southern to some of Plaintiffs' Interrogatories, and after discussion between counsel that the inability to resolve the objections as to one particular Interrogatory and Request for Production, on October 26, 2012, Plaintiffs filed a Motion to Compel. 4. Specifically, Plaintiffs requested that the Court enter an order compelling Norfolk Southern to respond to Plaintiffs' Interrogatory No. 13 and Request for Production No. 7 which "requested information and documents regarding previous accidents on Norfolk property involving ATV riders or trespassers." The objection of Norfolk Southern was based on the fact that the Interrogatory and Request for Production were unlimited in geographic area and requested information going back ten years. See Plaintiffs' Motion to Compel, paragraphs 10 and 12. A true and correct copy of Plaintiffs' Motion to Compel is attached hereto as Exhibit "A". 6. On November 15, 2012, Norfolk Southern filed its Response to Plaintiffs' Motion to Compel Discovery. A true and correct copy of Norfolk's Response is attached hereto and marked Exhibit "B". As pointed out in its Response, the Interrogatory and Request for Production at issue were overly broad and vague and require information concerning trespassers or ATV riders on Norfolk Southern's property system wide. Norfolk Southern's operations cover 22 states and the Province of Ontario, Canada and cover approximately 21,300 miles of track within North America. In addition, the request covers a period of ten years. Furthermore, Plaintiffs have not 2 and cannot demonstrate how accidents, if any, involving ATV riders or trespassers in Connecticut, North or South Carolina or Ontario would be relevant or lead to discovery of relevant information regarding ATV accident in Pennsylvania. Additionally, Norfolk Southern does not maintain information in this form and the only way to obtain it is going to require a hand review of thousands of claims files over a ten year period of time. Such a process is per se unduly broad and overly burdensome. By way of additional response, the accident at issue in this case occurred while Plaintiff., John Young, Jr., was a passenger on an ATV being operated by Brian Zook, who was intoxicated at the time of the accident, riding at high speed with Mr. Young on the back, trespassing upon Norfolk Southern's right of way. While attempting to pass another ATV, Mr. Zook collided with tie plates which were track material located along the right of way which were being used for anticipated repairs of the track. It is unlikely that similar type accidents have occurred or could be discovered by Norfolk Southern which is a requirement for any such accidents to be relevant or likely to lead to the discovery of relevant information. See Whitman v. Riddell, 324 Pa. Super. 177, 180-181, 471 A.2d 521, 523 (1984), Stormer v. Alberts Construction Co., 401 Pa. 461, 466, 165 A.2d 87, 89 (1960). 8. On or about November 19, 2012, Norfolk Southern received the Court's Order of November 15, 2012 which apparently had crossed in the mail with Norfolk Southern's Response. 9. Due to the fact that the Order of November 15, 2012 was entered simultaneously with the filing of Norfolk Southern's Response and for the valid reasons Norfolk Southern has advanced that it cannot and should not be made to comply with Plaintiffs' overly broad and unreasonable request, Norfolk Southern requests reconsideration of the Court's Order of November 15, 2012. 3 WHEREFORE, Norfolk Southern Railway Company, Defendant, respectfully moves this Court for the entry of an Order vacating its Order of November 15, 2012 and denying Plaintiffs' Motion to Compel. NAUMAN, SMITH, SHISSLER & HALL, LLP I - By: -- Craig . Staudemnaier, Esquire Supr e 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: December 20, 2012 4 CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Judy A. Imes, an employee of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing Motion of Norfolk Southern Railway Company for Reconsideration by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Lisenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 Bret Shaffer, Esquire Baric Scherer LLC 19 West South St Carlisle, PA 17013 Judy, .Imes s Date: December 20, 2012 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN YOUNG, Jr., and JESSICA YOUNG, Plaintiffs, No. 2012-472 CIVIL ACTION - LAW V. BRIAN ZOOK, and NORFOLK SOUTHERN RAILWAY COMPANY, Defendants. Jury. Trial Demanded PLAINTIFFS' MOTION TO COMPEL DISCOVERY C') ?D <Q vn zo z -t N N -- N CP N z? C) z? Ca -n 2 e., o ffl "-mot Plaintiffs John Young, Jr. and Jessica Young, by and through their counsel, Alina M. Dusharm, Esq. and Jason B. Duncan, Esq. from the firm, Stone, Duncan, & Linsenbach, P.C., hereby file this Motion to Compel Discovery on Defendants. The grounds for the motion are: 1. This case was initially commenced through filing a Complaint on January 27, 2012. 2. The matter of preliminary objections was previously brought before Judges Edward Guido and Christylee Peck. A guardianship hearing related to this matter is also currently before Judge Ebert. 3. On June 21, 2012, Plaintiffs sent Defendant Norfolk Southern Railway Company Interrogatories and Requests for Production of Documents. 4. On August 8, 2012, Defendant Norfolk responded with their Answers to Plaintiffs' Interrogatories and Requests for Production of Documents (See attached Exhibit "A"). EXHIBIT 1 5. In their answers, Defendant Norfolk objected to several of Plaintiffs' Interrogatories and Document Requests, specifically Interrogatory #13 and Request #7. 6. After three unsuccessful attempts to resolve the issues by email, Plaintiff addressed their concerns in a letter dated, September 11, 2012 (See attached Exhibit `B"). 7. Plaintiffs explained their reasoning as to why the information they requested was discoverable. 8. Defendants and Plaintiffs discussed the objections through a later phone conversation and resolved most of issues brought up in the letter, and Defendant agreed to provide more information in a letter as supplemental discovery. 9. On October. 5, 2012, Defendant sent Plaintiff a supplemental response, which reiterated many of the same objections (See attached Exhibit "C"). 10. Specifically, Defendant incorporated its previous objections to Interrogatory #13 and Request for Production of Documents #7, which requested information and documents regarding previous accidents on Norfolk property involving ATV riders or trespassers. 11. Defendant Norfolk objects to this request on the basis that it is "overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery." 12. Plaintiff has limited this request to only accidents on Defendant's property which involved ATV riders and trespassers, and that occurred within the last 10 years. 13. Plaintiff has attempted to reconcile this dispute with Defendants through email and phone conversations by explaining that the request seeks important information which would show Defendant's knowledge of risk of harm. 2 14. Knowledge of risk of harm is a key element to a claim for willful and wanton misconduct. Plaintiff previously cited this standard in its Brief in Opposition to Preliminary Obj ections, and redirected the Defendant to review this standard before confirming their objections to the discovery. 15. Defendant has reconfirmed their objections to this request in a phone conversation with Plaintiff. 16. Plaintiff has sought concurrence from all parties. Defendant Zook has concurred in this motion. Defendant Norfolk Southern has not concurred. 17. Defendant Norfolk Southern is filing a concurrent Motion to Compel in this matter regarding Plaintiffs' objection to Defendant's subpoenas. Both parties are seeking to have the motions handled concurrently. WHEREFORE, Plaintiffs respectfully request that this Honorable Court GRANT Plaintiffs' Motion to Compel Discovery., and require Defendants to produce the requested information and documents. Date: Resp t lly, STONE, DUNC N, &fNSENBACH, PC Alina M. Dusharm, Esq. Attorney ID # 309861 Jason B. Duncan, Esq. Attorney ID # 87946 8 N. Baltimore Street Dillsburg, PA 17019 P. (717) 432-2089 F: (717) 432-0158 Attorneys for Plaintiffs 3 CERTIFICATE OF SERVICE I, dlu'14?- ?Dunh w,, do certify that I have served a copy of Plaintiffs' Motion to Compel Discovery upon the following by first class mail: Brian Zook 1350 Pine Road Carlisle, PA 17015 Craig J. Staudenmaier, Esq. Joshua D. Bonn, Esq. Nauman, Smith, Shissler, & Hall, LLP 200 North Third Street, 18'h Floor PO Box 840 Harrisburg, PA 17108-0840 DATE: STO , DUNCAN, & INS AC , PC Alina M. Dusharm, Esq. Attorney ID # 309861 Jason B. Duncan, Esq. Attorney ID # 87946 8 N. Baltimore Street Dillsburg, PA 17019 P. (717) 432-2089 F: (717) 432-0158 Attorneys for Plaintiffs 4 Exhibit A NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. Staudenmaier, Esquire Supreme Court ID#34996 Joshua 1?. Bonn, Esquire Supreme Court ID#93967 200 North Third Street, P. 0. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 e-mail: cj staudQnssh.com Attorneys for Norfolk Southern Corporation Jbonn@nssh.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN YOUNG, JR. and JESSICA YOUNG Plaintiffs V. BRIAN ZOOK and NORFOLK SOUTHERN CORPORATION, : Defendants CIVIL DIVISION NO. 2012-0472 JURY TRIAL DEMANDED DEFENDANT, NORFOLK SOUTHERN CORPORATION'S ANSWERS TO PLAINTIFFS' INTERROGATORIES i. Personal Information. Please identify each person who aided in the completion of these interrogatories, including place of employment, position and phone number. ANSWER: Justin Dalton, Claim Agent and Cheri L. Bradley, Manager - Claims Litigation on' behalf of Norfolk Southern Corporation ("Norfolk Southern"), with assistance from counsel, provided information and answers to these interrogatories or portions thereof. The final answers are those prepared by counsel. 2. Insurance. If you are covered by any type insurance that might be applicable to the incident in this.matter, state the following with respect to each such policy: (a) The name of the insurance carrier which issued the policy; (b) The named insured under each policy with the policy number of each policy; (c) The type and effective date of each policy; (d) The amount of coverage provided to each person, for each occurrence, and in the aggregate for each policy; (e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim exclusion is applicable. ANSWER: Norfolk Southern Corporation is self-insured for the first $25 million dollars. Norfolk Southern believes this is sufficient in this case and that no issue of insurances will be involved. 3. Identify any and all documents or reports of which you have knowledge that relate to the incident, or the cause thereof, on January 30, 2010, including but not limited to, police report, investigation reports, witness statements, officer's notes, employee notes, emails, or interoffice memos. ANSWER: Objection. To the extent this Interrogatory seeks information subject to the attorney-client privilege or information containing the work product of counsel or mental impression, conclusion or opinions of Norfolk Southern, its counsel or representatives as to the value, merit or strategy of this case it is objected to. Without waiving said objection, see the Pennsylvania State Police Incident Report, Pennsylvania State Police Public Information Release Report and the Norfolk Southern Police Department Report attached to Norfolk Southern's Response to Plaintiffs' First Set of Request for Production of Documents. Additionally see the Statements referenced in response to Interrogatory # 6. Norfolk Southern's investigation of the incident is ongoing and Norfolk Southern reserves the right to supplement this Answer as discovery continues. 4. Factual basis for claims and defenses. State with particularity the factual basis for each claim or defense you are asserting in this case. ANSWER: Norfolk Southern herein incorporates by reference its Answer with New Matter and Cross Claim filed on May 7, 2012. By way of further Answer, Plaintiff, _ John A. Young, Jr.'s own actions and/or negligence may have caused or contributed to the accident and his subsequent injuries. Additionally, Defendant, Brian Zook's actions and/or negligence may have caused or contributed to the accident and John A. Young Jr.'s subsequent injuries. To the extent this Interrogatory seeks information subject to the attorney-client privilege or information containing the work product of counsel or mental impression, conclusion or opinions of Norfolk Southern, its counsel or representatives as to the value, merit or strategy of this case it is objected to. Norfolk Southern's investigation of the incident is ongoing and Norfolk Southern reserves the right to supplement this Answer as discovery continues. 5. Witnesses. Please identify each individual who you believe to have knowledge of the facts concerning the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident, and give a description of the factual knowledge possessed by each individual. ANSWER: It is believed that all the people mentioned in Plaintiff, John A. Young's Answer to Norfolk Southern's Interrogatory No. 20, as well as the Trooper Steven P. Nesbit and Special Agent Kirk W. Love, as indicated in the Pennsylvania State Police Incident Report, have knowledge of the facts concerning the incident or condition at the scene of the incident prior to, at the time of and after the incident. Norfolk Southern's investigation of the incident is ongoing and Norfolk Southern reserves the right to supplement this Answer as discovery continues. 6. Statements. If you have any knowledge of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a) The identify of such person; (b) When, where, by whom and to whom each statement was made and whether it was reduced to writing or otherwise recorded; and (c) The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: Objection. This Interrogatory is objected to pursuant to attorney-client and work product privileges. Without waiver of said objection, to the extent the Interrogatory requests statements as defined under Pa R.C.P. 4003.4, please see transcribed copies of Brian Zook's February 18, 2010 recorded statement taken by Wes Callender, District Claim Agent for Norfolk Southern at that time, Nicholas Newcomer's May 25, 2012 recorded statement taken by Justin Dalton, Claim Agent for Norfolk Southern and Kevin Bordlemay's June 11, 2012 recorded statement also taken by Justin Dalton, that are attached to Norfolk Southern's Responses to Plaintiffs' First Request for Production of Documents. 7. Demonstrative evidence. If you know of the existence of any photographs, motion pictures, video recordings, maps/surveys, property lines, diagrams, or models relevant to the incident, including police reports, state: (a) The nature or type of such item; (b) The date when such item was (c) The identity of any person that prepared or made each item; and (d) The subject that each item represents or portrays. ANSWER: See copies of photographs taken by Wes Callender on February 1, 2010 of the incident site and on February 18, 2010 of the ATV involved in the incident that are attached to 'Norfolk Southern's Responses to Plaintiff s First Request for Production. Additionally, see police reports identified in response to Interrogatory No. 3. Norfolk Southern's investigation of the incident is ongoing and Norfolk Southern reserves the right to supplement this Answer as discovery continues. Trial preparation material. Identify any individuals who conducted an investigation into this incident, either for Defendants or Defendants counsel, and identify: (a) Each person, and the employer of each person, who conducted any investigation(s); and (b) All notes, reports and other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: Objection. To the extent this Interrogatory seeks information subject to the attorney-client privilege or information containing the work product of counsel or mental impression, conclusion or opinions of Norfolk Southern, its counsel or representatives as to the value, merit or strategy of this case it is objected to. Without waiver of said objection, see documents provided to Plaintiffs' counsel with Norfolk Southern's Responses to Plaintiffs' First Request for Production of Documents. Norfolk Southern's investigation of this incident is ongoing and Norfolk Southern reserves the right to supplement this Answer as discovery continues. 9. Policy or Procedure. Identify any policy or policies which relate to the claims or defenses of this action, including but not limited to: the procedure of dealing with trespassers on the property of Norfolk Southern, policies on repairing or maintaining the railroad, procedure for disposal of used equipment or storage of materials. ANSWER: Objection. Norfolk Southern objects to this Interrogatory, as phrased, as overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery as it is not reasonably limited in time or subject matter, and therefore not likely to lead to the discovery of relevant information as to any claim or defense raised in this proceeding as it seeks information unrelated to this matter. It is further objected to as "used equipment" and "storage of materials" are not clearly defined. 10. Maintenance of Railroad. Identify any and all documents or correspondence within Norfolk Southern or to persons or companies other than Norfolk Southern which relate to the maintenance or repair of the railroad at or near the location of the incident, the placement of ties, or the storage of materials. ANSWER: Norfolk Southern objects to this Interrogatory as phrased, as overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery as it is not reasonably limited in time or subject matter, and therefore not likely to lead to the discovery of relevant information as to any claim or defense raised in this proceeding as it seeks information unrelated to this matter. 11. Knowledge of Trespassers. Identify any and all conversations, documents or correspondence dealing with knowledge of trespassers or ATV riders on the property of Norfolk Southern at or near the location of the incident, or the use of private property owned by Norfolk Southern. ANSWER: Norfolk Southern objects to this Interrogatory, as phrased, as overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery as it is not reasonably limited in time or subject matter, and therefore not likely to lead to the discovery of relevant information as to any claim or defense raised in this proceeding as it seeks information unrelated to this matter. 12. Disposal of Railroad Ties. Identify any and all conversations, documents or correspondence dealing with the disposal or movement of the railroad ties before or after the incident on January 30, 2010, and any person who may have knowledge of these movement or placement of the railroad ties. ANSWER: Norfolk Southern objects to this Interrogatory, as phrased, as overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery as it is not reasonably limited in time or subject matter, and therefore not likely to lead to the discovery of relevant information as to any claim or defense raised in this proceeding as it seeks information unrelated to this matter. Without waiver of said objection, none known at this time. Norfolk Southern has been unable to locate any such materials referenced. Norfolk Southern continues to investigate this matter and reserves the right to supplement this Answer as discovery continues. 13. Accident Reports. Identify any and all accidents, which occurred on Norfolk Southern property or any property used by Norfolk Southern to conduct business within the last ten years and which also involved ATV riders or trespassers on Norfolk Southern property. Please also identify any documents or reports relating to these incidents. ANSWER: Objection. This Interrogatory is overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery and it is furthermore unlimited in subject matter and location and not reasonably limited in time, and therefore, not likely to lead to the discovery of relevant information in this case. 14, Trial witnesses. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: Unknown at this time. Norfolk Southern is still investigating this matter and has not yet determined who will be called as non-expert witnesses at the trial. Norfolk Southern will identify same in accordance with pre-trial requirements and reserves the right to supplement the Answer to this Interrogatory. By way of further answer, please see persons identified herein and in documents produced through discovery. 15. Expert Witnesses. Identify each person you intend to call as an expert witness at the trial of this matter, and for each expert state: (a) The subject matter which the expert is expected to testify: and (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. ANSWER: This matter is still being investigated. Norfolk Southern has not yet determined who will be called as expert witnesses at the trial of this matter. Norfolk Southern will identify expert witnesses in accordance with pre-trial requirements and reserves the right to supplement the Answer to this Interrogatory. 1.6. Trial exhibits. Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damage portions of the trial. ANSWER: Unknown at this time. Norfolk Southern is still investigating this matter and has not yet determined which exhibits will be used at the trial of this matter. Norfolk Southern will identify same in accordance with the Pennsylvania Rules of Civil Procedure. By way of further Answer, Norfolk Southern reserves the right to introduce as exhibits at trial any document produced or referred to by any party through discovery in this proceeding. 17. Admissions. If you intent to use any admission(s) of a party at trial, identify such admission(s). ANSWER: Unknown at this time. Norfolk Southern is still investigating this matter and has not yet determined which admissions, if any, will be used at the trial. Norfolk Southern will identify same in accordance with the Pennsylvania Rules of Civil Procedure. NAUMAN, SMITH, SHISSLER & HALL, LLP By: aig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, P.O. Box 840 Harrisburg, Pennsylvania 17108 Telephone: (717) 236-3010 Counsel for Norfolk Southern Corporation, Defendant Dated: August 8, 2012 VERIFICATION L, CHERI L. BRADLEY, Manager - Claims Litigation, Norfolk Southern Corporation, am authorized to make this verification on behalf of Norfolk Southern Railway Company, and do make the following statement pursuant to penalties of 18 Pa.C.S. §4904, relating to unworn falsifications to authority, do state that as Manager, and do state that as Manager - Claims Litigation for Norfolk Southern Corporation, the facts set forth in the foregoing DEFENDANT, NORFOLK SOUTHERN CORPORATTON'S ANSWERS To PLAnvTlM' INTERROGATORIES have been assembled from various sources and individuals within the company and although I do not have personal knowledge of the aforesaid facts, they are true and correct to the best of my knowledge, information and belief. ch.vu? 4 Cheri L Bradley Manager - Claims Litigation NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. Staudenmaier, Esquire Supreme Court ID#34996 Joshua D. Bonn, Esquire Supreme Court ID#93967 200 North Third Street, P. 0. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 e-mail: cjstaudanssh.com Attorneys for Norfolk Southern Corporation Jbonn@a.nssh.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN YOUNG, JR. and JESSICA YOUNG : Plaintiffs V. BRIAN ZOOK and NORFOLK SOUTHERN CORPORATION, : Defendants CIVIL DIVISION NO. 2012-0472 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of DEFENDANT, NORFOLK SOUTHERN CORPORATION'S ANSWERS TO PLAINTIFFS' INTERROGATORIES, upon counsel of record in the following manner: United States First Class Mail, Postage Prepaid. Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Lisenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 Baric, Scherer, LLC Bret P. Shaffer, Esquire 19 West South Street Carlisle, PA 17013 -::: 2 ? , ?,? zz? a z - Sherry A. Ma , Para egal to Craig J. Staudenmaier, Esquire i i i Date: August 8, 2012 Exhibit B I STONE, D U N CAN, 8 N. Baltimore Street ' Dillsburg, PA 17019 & LINSEN BACH, PC OFFICE 717-432-2089 Attorneys and Counselors FAx 717-432-0158 www.StoneDuncan.com Duane P. Stone Alina M. Dusharm Jason B. Duncan' Michael A. Trimmer" Brian C. Linsenbach Lam D. Truong ' Also licensed in New Jersey " Of Counsel September 11, 2012 Nauman, Smith, Shissler & Hall, LLP Craig J: Staudenmaier, Esq. 200 North Third Street P.O. Box 840 Harrisburg, PA 17108-0840 RE: John and Jessica Young v. Norfolk Southern Corp. Dear Craig, I have attempted to contact. you via email regarding your answers and objections to our discovery requests, but have not yet been given a response. Please review my concerns and respond accordingly within 10 days of receipt of this letter. Here are my concerns regarding the answers to our discovery: 1. Interrogatory #9 - You object to this interrogatory as being overly broad and unduly burdensome. Specifically, I'm looking for the policies and procedures that were in place at the time of the incident, or which have changed during the follow up of the incident. I do not need every policy and procedure, just those that relate to the claims or defenses that are used in this litigation. We have claimed that Norfolk Southern has improperly maintained their railroad, or improperly disposed of the equipment or materials used by the railroad, and that they have not given trespassers the proper care as required under the law. Any policies which are in place that relate to these claims are certainly discoverable. Similarly, any policies which relate to the defenses that Norfolk Southern is using is also discoverable. 2. Interrogatory #10 - Again, you object on the basis of overly broad and unduly burdensome. I am only seeking the information relating to the maintenance and repair of the railroad at or near the incident. If there was maintenance there 100 years ago, it is not my concern. I'm only looking for the information after they began the repair on the railroad which involved the materials in this incident. If there was any correspondence regarding that maintenance, and where to store the metal tie plates and why, that is discoverable and should be The Key to Great Legal Services sM provided. Specifically, I don't even know if Norfolk Southern does its own repairs, or if it hired an outside company to do the repairs. Who was in charge of maintaining the railroad and placing the scrap metal at the location? The correspondence to and from that person regarding the repairs and the placement of the materials is discoverable, since the motive of Norfolk Southern is at issue. 3. Interrogatory #11- Same issue here. I am willing to limit the request to 10 years before the incident, but the knowledge of ATV riders on the property is specifically in question, and we need to be provided any information regarding that knowledge. 4. Interrogatory #12 - In your answer, you respond, "Norfolk Southern has been unable to locate any such materials referenced." I just wanted to clarify that you are saying that you cannot locate the documents, and not the used railroad materials that were left at the incident. 5. Interrogatory #13 - This interrogatory specifically relates because we need to show a knowledge of risk of harm. Any past incidents of Norfolk Southern involving ATV riders or trespassers would impact their awareness of a risk. This makes it discoverable information. 6. The requests for production of documents 92,7,9-10 also relate to this information, and I would seek a supplement to those requests also. . Please provide me with appropriate responses within the time period listed above. If you have any other questions, feel free to contact me. Thank you. Sincere , a M. Dusharm Esq. Exhibit C • A t t o r n e y s A t L a w Please reply to: P.O. Box 840 Craig J. Staudenmaier, Esquire Harrisburg, PA 17108-0840 Cjstaud(@nssh.com Telephone Extension # 22 October 5, 2012 Alina M. Dusharm, Esquire Stone, Duncan & Linsenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 Via e-mail and first class mail Re: John Young, Jr. and Jessica Young, Plaintiffs v. Brian Zook and Norfolk Southern Corporation C.C.P., Cumberland County, PA, No. 12472 Civil Term NS #10000326 NSSH #15463 Dear Alina: In response to your letter dated September 11, 2012 regarding your concerns with Norfolk Southern's answers and objections to Plaintiffs' discovery, I am providing the following as a supplement to Norfolk Southern's previous answers and/or responses with the understanding that any reference to "ties" in Plaintiff's Interrogatories or Requests for Production shall be understood to refer to "tie plates" since this was the material actually involved: Interrogatory No. 9 - No written trespasser policy exists. Norfolk Southern's Police Department deals with situations involving trespassers on a case-by-case basis in the most appropriate and effective manner. With regard to the remainder of Interrogatory No. 9, Norfolk Southern stands on its previous objections except to the extent that additional materials are identified in No. 10 below. Interrogatory No. 10 -• With regard to the placement of materials, please find enclosed a document entitled "Local Preparation and Unloading of Materials Ahead of Dual Rail Laying". In addition, please find enclosed copies of two "Gang Slips" dated March 17 and 18, 2010. These documents are provided to indicate the days upon which the work was done in the vicinity of where Mr. Young's accident occurred. With regard to the remainder of No. 10, Norfolk Southern stands on its previous objections. Interrogatory No. 11 Without waiving its previous objections, Norfolk Southern has searched its Police Department records for the period of five years prior to this accident and has no record of any encounters or complaints regarding ATV riders at or near the location of Mr. Young's accident. Superior analysis. Effective solutions. Since 1871 . Nauman Smith Shissler & Hall, LLP • 200 North 3rd Street • Harrisburg, PA 17101 • 717.236.3010 • fax: 717.234.1925 • www.nssh.com Alina M. Dusharm, Esquire October 5, 2012 Page 2 Interrogatory No. 12 - Without waiver of its previous objections, Norfolk Southern has been unable to locate any documents or correspondence dealing with the placement or movement of the tie plates involved in Mr. Young's accident. The Daily Gang Sheets supplied in response to No. 10 above as indicated, show when the tie plates were used in the repair of the track in the area involved. William Calvert, was the Norfolk Southern Track Supervisor at the times relevant hereto. Norfolk Southern continues to search for additional documents or correspondence that may be responsive to this Interrogatory and reserves the right to supplement its response. Interrogatory No. 13 - There are no known accidents involving ATV riders or trespassers at the location where the subject incident occurred. Norfolk Southern incorporates its previous objection regarding identifying any and all accidents on any of its property within the last ten years as overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery. Request for Production No. 2 - In addition to documents previously provided with Norfolk Southern's responses to Plaintiff's Request for Production, see documents provided herewith. Request for Production No. 7 - In addition to documents previously provided with Norfolk Southern's responses to Plaintiff's Request for Production, see documents provided herewith. Norfolk Southern incorporates its previous objection regarding providing records for any and all accidents on any of its property within the last ten years as overly broad, vague and unduly burdensome as it requires excessive information beyond the scope of permissible discovery which is not likely to lead to the discovery of relevant information. Request for Production No. 9 - See responses to Interrogatories Nos. 9 and 10 above. Request for Production No. 10 - Without waiving its previous objections, please see the documents provided herewith. I trust that this addresses the concerns raised in your September 11 letter. If not, I will be happy to discuss them further with you. Sincerely yours, Craig J. taudenmaier CJS/jai Enclosures cc: Bret P. Shaffer, Esquire w/encs. trace. ?,x?nzvw ',? iR.Men: r?0 p, i t•?' ?temovePan?rots :Ibk#dhft-Oh men 1-4 ' - ; .830 AW }? a a? PM 7f RAWd ; ? ? 7"r?ins 4 $ k gi t'?tnac ? ? MY CD Remarks T ypc .3 6 '1 Dart Ement l Tra?ats ( Explanatijil .t ; Stat »: _ ?_0 9 33 Pemovo Pondrois No V Qve dl0sien then No ' 77 - -- - ' f,_ LOCAL PREPARATION AND UNLOADING OF MATERIALS AHEAD OF DUAL RAIL LAYING IN ORDER TO STANDARDIZE PREPARATION AND MATERIAL UNLOADING, THE FOLLOWING INSTRUCTIONS ARE ISSUED FOR IMMEDIATE COMPLIANCE. PRELIMINARY PREPARATION: 1. ARRANGEMENTS ARE TO BE MADE BY LOCAL FORCES FOR THE TRACK TO BE CLEANED AHEAD OF RAIL LAYING. DUE TO THE LINE ESTABLISHED BY DUAL RAIL LAYING GANGS BEING DEPENDANT ON A VISIBLE CENTER MARK, THIS ASPECT IS OF PRIMARY IMPORTANCE. 2. PREDETERMINED TIE-UP POINTS FOR GANG EQUIPMENT ARE TO BE FREE OF VEGETATION WHICH MIGHT POSE A FIRE HAZARD AND OF SUFFICIENT LENGTH TO ACCOMMODATE GANG CONSIST. FOR DUAL GANGS, 1200 FEET IS A SUFFICIENT DISTANCE FOR GANG EQUIPMENT, 1000 FEET FOR CAMP CARS, 700 FEET FOR TTX CARS, AND 400 FEET FOR TOOL CARS. 3. CAMPSITES AND PARKING AREAS FOR EMPLOYEE'S VEHICLES ARE TO BE CLEANED AHEAD OF THE ARRIVAL OF GANG, WITH ADEQUATE AMOUNTS OF STONE UNLOADED. 4. ESSENTIAL SUPPLIES AND SERVICES REQUIRED BY THE GANG, SUCH AS WATER HOOK-UPS, GRAY WATER DRAINAGE (SEWER OR SEPTIC), PORTABLE TOILETS, AND OXYGEN WILL BE NOTED TO DIVISION PERSONNEL BY EITHER THE GENERAL DIVISION ENGINEER OR RAIL GANG SUPERVISOR PRIOR TO ARRIVAL DATES. ARRANGEMENTS WILL THEN BE MADE BY LOCAL PERSONNEL TO OBTAIN THE REQUIRED MATERIALS DISCUSSED. 5. PRIOR TO MATERIAL UNLOADING, DIVISION PERSONNEL WILL DEVELOP A RAIL PROFILE BY ROLLING OFF THE ENTIRE JOB AND RECORDING ON A SCHEMATIC FOR EACH RIBBON (1440'), LANDMARKS WHICH ARE PERTINENT TO THE RAIL MATERIAL UNLOADING AND LAYING PROCESS. SUCH INFORMATION SHOULD SHOW IN FOOTAGE FROM START OF EACH RIBBON WHERE, A.) MILEPOST, B.) ROAD CROSSINGS, C.) SWITCHES, D.) BRIDGES AND TYPE, E.) CURVES ALONG WITH LENGTHS AND F.) WHEN PANDROL PLATES ARE REQUIRED AND ANY OTHER INFORMATION THAT AFFECTS MATERIAL UNLOADING AND LAYING. PROVIDE THE RAIL GANG SUPERVISOR WITH A COPY OF THIS PROFILE- MATERIAL UNLOADING: 1. RAIL - WHEN UNLOADING RAIL, INSURE THE RAIL. IS SET UP ON BASE OR IF RAIL TURNS OVER, BALL OF RAIL IS LYING TOWARD FIELD SIDE. PREVIOUS INSTRUCTIONS REQUIRING RAIL OVERLAPPING IS NO LONGER NEEDED EXCEPT WHEN UNLOADING RAIL AT HEEL OF SWITCH, OVERLAP IS NEEDED TO ELIMINATE PLUG AND WELD AT FROG, WHEN RAIL IS LAID, SUPPORT BEAMS ARE TO BE INSTALLED ON BRIDGES WHERE ADEQUATE SPACE IS NOT PROVIDED DUE TO THE PLACEMENT OF THE GUARD TIMBERS. CHICKEN WIRE IS TO BE INSTALLED IN THE CENTER OF BRIDGES TO PREVENT LOSS OF TIE PLATES AND AS AN ADDITIONAL SAFETY FACTOR. 2. SPIKES - 25 KEGS OF SPIKES ARE TO BE UNLOADED AT LEAST 5 RAIL LENGTHS (500 FT.) PRIOR TO THE BEGINNING LOCATION WHERE THE RAIL JOB COMMENCES. 14 KEGS OF SPIKES ARE TO BE UNLOADED APPROXIMATELY 500 FEET FROM THE END OF EACH SUBSEQUENT RIBBON. 3. ANCHOR SPIKING - DIVISION PERSONNEL WILL DETERMINE THE NUMBER OF RELAY SPIKES NECESSARY PER CURVE BASED ON THE SPIKING PATTERN NECESSARY FOR THE DEGREE OF THE CURVE. ANCHOR SPIKES ARE TO BE UNLOADED ON THE RECEIVING END OF THE CURVES IN THE DIRECTION OF THE WORK_ 4. TIE PLATES - TO INSURE AN ADEQUATE NUMBER, TIE PLATES WILL BE. UNLOADED AND SET UP OFF THE HEAD OF THE TIES BY DIVISION PERSONNEL WITH ADDITIONAL- LEFT FOR ROAD CROSSINGS. ALSO LEAVE 50 EXTRA AT THE START OF THE LAYING LOCATION, (UPSIDE DOWN AS LAID IN TRACK) 5. ANCHORS -ANCHORS WILL BE UNLOADED IN EQUAL AMOUNTS ON EACH SIDE OF TRACK TO BE LAID (2 PILES ON EACH SIDE). BAGS ARE TO BE SPREAD OUT AND NOT LEFT UNLOADED IN PILES. THE INITIAL DROP FOR THE BEGINNING OF THE RAIL LAYING PROCESS SHOULD BE 700 FEET FROM THE LOCATION THE GANG IS TO START. APPROXIMATELY 25 BAGS (50 TOTAL) ON EACH SIDE OF THE TRACK ARE TO BE 700 FEET FROM END. OF EACH RIBBON. * NOTE - DUE TO DOUBLE-ANCHORING IN CURVES WHICH CURVATURE NECESSITATES, AT SWITCHES, BONDED JOINTS, AND OPEN DECKED TRESTLES, THE NUMBER OF ADDITIONAL ANCHORS SHOULD BE COMPUTED BY LOCAL PERSONNEL AND UNLOADED AT DROP LOCATIONS. 6. PLUG WOOD - 8 BAGS OF PLUGWOOD WILL BE UNLOADED 500 FEET PRIOR TO THE LOCATION RAIL LAYING IS TO BEGIN. THREE (3) BAGS SHOULD BE UNLOADED AFTER DROPS. SOME AREAS MAY REQUIRE ADDITIONAL PLUG WOOD BASED ON THE EXISTING ANCHOR SPIKING AND DOUBLE SPIKING PATTERNS PRIOR TO RAIL LAYING, 7. JOINT BARS - LOCAL PERSONNEL ARE TO INSURE THAT THE GANG SUPERVISOR HAS THE REQUIRED WEIGHT JOINT BARS, BOLTS, NUTS, AND WASHERS NEEDED FOR, THE JOB. 8- MATERIAL FOR CAMP AND OPERATION 8 OXYGEN BOTTLES 12 PORTA-JOHNS 10 100-GALLON HOLDING TANKS 6 300-GALLON HOODING TANKS NAUMAN, SMITH, SHISSLER & HALL, LLP f e I. i i t Crai J Staudenmaier Es wire g q '! igni.t 5 ,a r Supreme Court ID# 34996 Joshua D. Bonn, Esquire c,LAND C?UT' Supreme Court ID# 93967 L jI'SYLr`ANIA 200 North Third Street, 18'` :Floor P. 0. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010, Ext. 22 Facsimile: (717) 234-1925 e-mail: cjstaud a,nssh.com jbonn(a)nssh.com Counsel for Norfolk Southern Corporation, Defendant John Young, Jr. and Jessica Young, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. Brian Zook and Norfolk Southern Railway Company, Defendants NO. 2012-472 Civil Term Civil Term RESPONSE OF NORFOLK SOUTHERN RAILWAY COMPANY. DEFENDANT, TO PLAINTIFFS' MOTION TO COMPEL DISCOVERY AND NOW comes NORFOLK SOUTHERN RAILWAY COMPANY, ("Norfolk Southern"), Defendant, by its attorneys, NAUMAN, SMITH, SHISSLER & HALL, LLP, and files the following Response to Plaintiffs' Motion to Compel Discovery: 1. Admitted. 2. Admitted. By way of further response, by the time of the filing of this Response, the guardianship hearing had been held before Judge Ebert and Judge Ebert issued an Order appointing a guardian ad litem for John Young, Jr., Plaintiff herein, for this proceeding. 3. Admitted. E 1 sEXHIBIT 4. Admitted. 5. Admitted. 6. Denied as stated. It is admitted that Plaintiffs' counsel had contacted Norfolk Southern's counsel by email regarding its objections to various interrogatories and request for production which culminated in a letter of September 11, 2012 in the form attached as Exhibit B. 7. Denied as stated. It is admitted that Plaintiffs' counsel attempted to set forth bases for why Norfolk Southern's objections to Interrogatory No. 13 and Request No. 7 were unfounded, however, it is denied that said explanations set forth a sufficient basis under Pennsylvania law to overcome the valid objections set forth by Norfolk Southern. 8. Denied as stated. It is admitted that counsel for Plaintiffs and Norfolk Southern spoke by telephone and Norfolk Southern agreed to provide a supplemental response to Plaintiffs' September 11, 2012 letter. Norfolk Southern did not waive nor agree not to assert any prior or new objections. 9. Admitted in part and denied in part. It is admitted that on October 5, 2012, Norfolk Southern provided supplemental responses to the contents of Plaintiffs' counsel's letter of September 11, 2012 regarding the previous objections to Plaintiffs' Interrogatories and Request for Production. It is denied that said response merely "reiterated many of the same objections." To the contrary, Norfolk Southern provided specific, additional answers to Interrogatories No. 9, 10 (with documents), 11, 12 and 13, and with regard to the additional documentation provided, provided supplemental answers to Requests for Production Nos. 2, 7, 9 and 10. Norfolk Southern continued to object to Plaintiffs overly broad, vague and unduly burdensome request which requested information on any and all accidents involving ATV riders 2 or trespassers at any location on any property of Norfolk Southern system wide. Norfolk Southern's operations cover 22 states and the province of Ontario, Canada and cover approximately 21,300 miles of track within North America. In addition, Plaintiffs' request covers a period of 10 years. Plaintiffs have not and cannot demonstrate how accidents, if any, involving ATV riders or trespassers in Connecticut, North or South Carolina or Indiana are relevant or likely to lead to the discovery of relevant information regarding the ATV accident at issue in this case. This fact is compounded when the information requested is asked to cover a decade of time. In addition, Norfolk Southern does not maintain information in this form and to acquire such information would more likely entail having to hand review in each of its numerous claims offices throughout Norfolk Southern's system any such incidents. Such a process is per se unduly broad and overly burdensome. By way of additional response, the accident at issue in this case occurred while Plaintiff, John Young, Jr., was a passenger on an ATV being operated by Brian Zook, who was intoxicated at the time of the accident, riding at high speed with Mr. Young on the back, trespassing upon Norfolk Southern's right of way. While attempting to pass another ATV, Mr. Zook collided with tie plates which were track material located along the right of way which were being used for anticipated repairs of the track. It is highly unlikely that similar type accidents have occurred or could be discovered by Norfolk Southern, which is a requirement for any such accidents to be relevant or likely to lead to the discovery of relevant information, as to notice or other issues raised in this proceeding. See, Whitman v. Riddell, 324 Pa. Super. 177, 180-181, 471 A.2d 521, 523 (1984), Stonner v. Alberts Construction Co., 401 Pa. 461, 466, 165 A.2d 87, 89 (1960). 10. Admitted in part and denied in part. It is admitted that Norfolk Southern restated its objections to Interrogatory No. 13 and Request for Production of No. 7 on the basis that it asked for information regarding any and all known accidents involving ATV riders or trespassers on Norfolk Southern's entire system. It is denied that Norfolk Southern failed to answer any questions with regard to relevant information as to this suit. Norfolk Southern in its additional response of October 5, 2012 indicated in its additional response to Interrogatory No. 11 that it had searched its police department records for a period of 5 years prior to Mr. Young's accident and had no record of any encounters or complaints regarding ATV riders at or near the location of his accident. In addition, in additional response to Interrogatory No. 13, Norfolk Southern indicated that it was not aware of any known accidents involving ATV riders or trespassers at the location where Mr. Young's accident had occurred. 11. Admitted. By way of additional response, as part of its original objection, Norfolk Southern asserts that the Interrogatory and Request for Production do not request information which is relevant to the within suit nor likely to lead to the discovery of relevant information. As stated earlier, Plaintiffs have not and cannot explain how knowing the occurrence of accidents, if any, involving ATV riders or other types of trespassers at locations in other states hundreds or thousands of miles from where Plaintiffs' accident occurred are relevant to the alleged notice issue raised by Plaintiffs, or to his suit, nor likely to lead to the discovery of such relevant information. In addition, Norfolk Southern incorporates by reference the response set forth to paragraph No. 9 above. 12. Admitted in part and denied in part. It is admitted that Plaintiffs have agreed to limit its request to accidents involving ATV riders and/or trespassers that occurred within the 4 last 10 years. It is denied that this "limitation" cures the basis for Norfolk Southern's objection. Norfolk Souther herein incorporates by reference its responses to paragraphs 9, 10 and 11 above. 13. Admitted in part and denied in part. It is admitted that Plaintiffs' and Norfolk Southern's counsel have discussed the objection of Norfolk Southern to Interrogatory No. 13 and Request for Production No. 7 but have been unable to resolve the dispute. It is denied that the Interrogatory and Request for Production are permissible or that they request information which is discoverable on the issue of Defendant's knowledge of risk of harm. Norfolk Southern herein incorporates by reference its responses to paragraphs 9 - 11 above. 14. The averments of paragraph 14 are neither admitted nor denied as they refer to a standard of care under Pennsylvania law which speaks for itself. In addition, as to the averments of paragraph 14 which pertain to statements made in Plaintiffs' brief, this refers to a written document which also speaks for itself. It is denied that knowledge of risk of harm, even if an element of Plaintiffs' case, provides a sufficient basis to allow the type of discovery requested in Plaintiffs' Interrogatory No. 13 and Request for Production No. 7. 15. Admitted. 16. Admitted. 17. Admitted. Norfolk Southern would request oral argument on both its Motion to Compel Plaintiffs' discovery and upon the instant Motion of Plaintiff to Compel discovery as to Norfolk Southern. 5 . . WHEREFORE, Norfolk Southern Railway Company, Defendant, respectfully requests that the court deny Plaintiffs' Motion to Compel Discovery. NAUMAN, SMITH, SHISSLER & HALL, LLP By: Craig J. taudenmaier, Esquire Suprem Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street, Wh Floor P. 0. Box 840 Harrisburg, PA 17108-0840 Counsel for Norfolk Southern Railway Company, Defendant Date: November 14, 2012 6 CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Judy A. Imes, an employee of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing Response of Norfolk Southern Railway Company, Defendant, to Plaintiffs' Motion to Compel Discovery by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Jason B. Duncan, Esquire Alina M. Dusharm, Esquire Stone, Duncan & Lisenbach, PC 8 N. Baltimore St Dillsburg, PA 17019 Bret Shaffer, Esquire Baric Scherer LLC 19 West South St Carlisle, PA 17013 Judy jk. Imes Date: November 14, 2012 7 JOHN YOUNG, JR., an IN THE COURT OF COMMON PLEAS OF Incapacitated Person, and CUMBERLAND COUNTY, PENNSYLVANIA JESSICA YOUNG, PLAINTIFFS V. rn X BRIAN ZOOK, and NORFOLK SOUTHERN CORPORATION, co DEFENDANTS NO. 12-472 CIVIL IN RE: MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 27t' day of March, 2013, upon consideration of Plaintiffs Motion to Compel, this Court's Order of November 15, 2012, granting the Motion to Compel Discovery, Defendant, Norfolk Southern Railway's Motion for Reconsideration and after argument in the matter, IT IS HEREBY ORDERED AND DIRECTED that Defendant, Norfolk Southern Railway's Motion for Reconsideration is GRANTED in part and DENIED in part. Defendant Norfolk Southern shall provide information and documents regarding previous accidents on Norfolk Southern property involving trespassing ATV riders and/or placement of"tie plates" along the Norfolk Southern Railway's right of way in anticipation of repairs of the track which were filed in Norfolk Southern Railway Company's claims offices located in Harrisburg, Pennsylvania and Mount Laurel, New Jersey, during the years 2005 to the present. By the Court, M. L. Ebert, Jr., V Alina M. Dusharm, Esquire I,- Jason B. Duncan, Esquire Counsel for Plaintiffs V Mark Bayley, Esquire for John Young, Jr. tl Craig J. Staudenmaier, Jr., Esquire Bret P. Shaffer, Esquire bas NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Railway Company 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 John Young, Jr.,an incapacitated : IN THE COURT OF COMMON PLEAS OF person, and Jessica Young : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2012-472 Civil Term • Brian Zook and Norfolk Southern • Railway Company, : Civil Terms- ry camF Defendants : rr-- '`' c3 = .w NORFOLK SOUTHERN RAILWAY COMPANY'S CERTIFICATE PREREOUISITI = "-?. To SERVICE OF SUBPOENAS PURSUANT To RULE 4009.22 - . As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant,Norfolk Southern Railway Company, certifies that: (1) a notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) Opposing Counsel has no objections to the attached subpoenas and has agreed to waive the twenty (20) day waiting period, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. NAUMAN, SMITH, SHISSLER& HALL,LLP By: .�.� Craig JI. audenmaier, Esquire Supreme Court I.D. #34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North Third Street P. 0. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant Dated: January 22, 2014 NAUMAN, SMITH, SHISSLER& HALL,LLP Craig J. Staudenmaier,Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Railway Company 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717)236-3010 Fax: (717)234-1925 John Young, Jr. an incapacitated person : IN THE COURT OF COMMON PLEAS OF and Jessica Young, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2012-472 Civil Term Brian Zook and Norfolk Southern : Railway Company, : Civil Term Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Railway Company intends to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made the subpoenas may be served. NAUMAN, SMITH, SHISSLER& HALL,LLP Craig J 't• denmaier, Esquire Supreme Curt I.D. No. 34996 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Counsel For: Norfolk Southern Railway Company, Defendant Dated: January 10, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr.,an incapacitated person,and Jessica Young Plaintiff . File No.2012-0472 VS. Brian Zook and Norfolk Southern Railway Company Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Michael F.Lupinacci,M.D.,Physicians of Rehabilitation,Industrial&Spine Medicine,P.C. (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 Addendum A at Nauman, Smith, Shissler&Hall, LLP,200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 200 N.3rd St.,18th flr. Harrisburg,PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID#34996 ATTORNEY FOR: Norfolk Sou them Railway Company Defendant BY THE COURT: Prothonotary,Civil Division Date: Seal of the Court Deputy John Young, Jr., an incapacitated person : IN THE COURT OF COMMON PLEAS OF and Jessica Young, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2012-472 Civil Term • Brian Zook and Norfolk Southern Railway Company. : Civil Term Defendants SUBPOENA DIRECTED To MICHAEL F.LUPINACCI,M.D. PHYSICIANS OF REHABILITATION,INDUSTRIAL AND SPINE MEDICINE,P.C. 175 LANCASTER BLVD. P.O.Box 2028 MECHANICSBURG,PA 17055 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 the Subpoena: Any and all records in the possession or under the control of the deponent, including electronic medical records (EMRs), electronic health records (EHRs) and electronically stored information(ESI), relative to treatments and services rendered to JOHN A.YOUNG,JR.,DATE OF BIRTH: 11/3/1984; SSN 210-70-1140 FROM FEBRUARY 15,2013 TO THE PRESENT, including but not limited to,medical,hospital,psychological,mental health and/or drug and alcohol records, 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 DATE SPECIFIED ON THE SUBPOENA. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr.,an incapacitated person,and Jessica Young Plaintiff • File No.2012-0472 VS. Brian Zook and Norfolk Southern Railway Company Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Phillip A. Villanueva, M.D.,Penn State Milton S. Hershey Medical Center (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 Addendum A at Nauman, Smith, Shissler&Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 200 N.3rd St.,18th flr. Harrisburg,PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID#34996 ATTORNEY FOR: Norfolk Southern Railway Company Defendant BY THE COURT: Prothonotary,Civil Division Date: Seal of the Court Deputy John Young, Jr., an incapacitated person : IN THE COURT OF COMMON PLEAS OF and Jessica Young, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2012-472 Civil Term • Brian Zook and Norfolk Southern Railway Company. : Civil Term Defendants SUBPOENA DIRECTED To PHILLIP A.VILLANUEVA,M.D. PENN STATE MILTON S. HERSHEY MEDICAL CENTER DEPARTMENT OF NEUROSURGERY 500 UNIVERSITY DRIVE PO Box 850 HERSHEY,PA 17033 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 the Subpoena: Any and all records in the possession or under the control of the deponent, including electronic medical records (EMRs), electronic health records (EHRs) and electronically stored information(ESI), relative to treatments and services rendered to JOHN A.YOUNG,JR.,DATE OF BIRTH: 11/3/1984; SSN 210-70-1140 FROM NOVEMBER 26,2012 TO THE PRESENT, including but not limited to,medical,hospital,psychological,mental health and/or drug and alcohol records, 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 DATE SPECIFIED ON THE SUBPOENA. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr.,an incapacitated person,and Jessica Young •Plaintiff . File No.2012-0472 V S. • Brian Zook and Norfolk Southern Railway Company Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dreyer Physical Therapy (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 Addendum A at Nauman, Smith, Shissler&Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 200 N.3rd St.,18th fir. Harrisburg,PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID#34996 ATTORNEY FOR: Norfolk Southern Railway Company Defendant BY THE COURT: Prothonotary,Civil Division Date: Seal of the Court Deputy John Young, Jr., an incapacitated person : IN THE COURT OF COMMON PLEAS OF and Jessica Young, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2012-472 Civil Term • Brian Zook and Norfolk Southern Railway Company. : Civil Term Defendants SUBPOENA DIRECTED TO DREYER PHYSICAL THERAPY 120 N.BALTIMORE STREET,SUITE 110 DILLSBURG,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 the Subpoena: Any and all records in the possession or under the control of the deponent, including electronic medical records (EMRs), electronic health records (EHRs) and electronically stored information(ESI), relative to treatments and services rendered to JOHN A.YOUNG,JR.,DATE OF BIRTH: 11/3/1984; SSN 210-70-1140, including but not limited to,medical,hospital, physical therapy,speech therapy,occupational therapy, psychological,mental health and/or drug and alcohol records, 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 DATE SPECIFIED ON THE SUBPOENA. CERTIFICATE OF SERVICE I hereby certify that on the date written below,a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena was served by United States First Class Mail,postage pre-paid,upon those person(s) listed below: Jason B. Duncan, Esquire Bret Shaffer, Esquire Stone, Duncan& Linsenbach, PC Baric Scherer LLC 8 N. Baltimore St 19 West South Street Dillsburg, PA 17019 Carlisle, PA 17013 (Counsel for Plaintiff) (Counsel for Defendant, Brian Zook) Sherry A. M , Paralegal Dated: January 10, 2014 NAUMAN, SMITH, SHISSLER& HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D.No.34996 Counsel For: Norfolk Southern Railway Company 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 John Young, Jr., an incapacitated : IN THE COURT OF COMMON PLEAS OF person, and Jessica Young : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2012-472 Civil Term • Brian Zook and Norfolk Southern Railway Company, : Civil Term Defendants CERTIFICATE OF SERVICE I hereby certify that I have on the date written below, served a copy of the foregoing "Certificate Prerequisite to Service of 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: Jason B. Duncan, Esquire Bret P. Shaffer, Esquire Stone, Duncan & Linsenbach, PC Baric Scherer LLC 8 N. Baltimore St 19 West South Street Dillsburg, PA 17019 Carlisle, PA 17013 (Counsel for Plaintiff) (Counsel for Defendant, Brian Zook) Sherry A. 'ay, Parale_ Dated: January 22, 2014 NAUMAN, SMITH, SHISSLER & HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Railway Company 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 John Young, Jr.,an incapacitated : IN THE COURT OF COMMON PLEAS OF person, and Jessica Young : CUMBERLAND COUNTY, PENNSYLgAI Plaintiffs : rn V. : NO. 2012-472 Civil Term r-1.1 1-1' .- cp ck Brian Zook and Norfolk Southern • { Railway Company, : Civil Term Defendants rv , -4 C3'i 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, Defendant,Norfolk Southern Railway Company, 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 was 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 the subpoena. NAUMAN, SMITH, SHISSLER& HALL, LLP By: Craig J. udenmaier, Esquire Supreme Court I.D. #34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 200 North,Third Street P. 0. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Norfolk Southern Railway Company, Defendant Dated: February 12, 2014 • NAUMAN, SMITH, SHISSLER& HALL,LLP Craig J. Staudenmaier, Esquire Supreme Court I.D. No. 34996 Counsel For: Norfolk Southern Railway Company 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717)234-1925 John Young, Jr. an incapacitated person : IN THE COURT OF COMMON PLEAS OF and Jessica Young, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2012-472 Civil Term Brian Zook and Norfolk Southern • Railway Company, : Civil Term Defendants 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 Craig 3 udenmaier, Esquire Supreme •urt I.D. No. 34996 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Counsel For: Norfolk Southern Railway Company, Defendant Dated: January 31, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Young Jr.,an incapacitated person,and Jessica Young Plaintiff . File No.2012-0472 VS. • Brian Zook and Norfolk Southern Railway Company Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Joseph Bytof, O.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 Addendum A at Nauman, Smith, Shissler& Hall, LLP, 200 N. 3rd St., 18th flr., Harrisburg, PA 17101 (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 200 N.3rd St.,18th flr. Harrisburg,PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID#34996 ATTORNEY FOR: Norfolk Southern Railway Company Defendant BY THE COURT: Prothonotary,Civil Division Date: Seal of the Court Deputy John Young, Jr. and Jessica Young, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. • NO. 2012-472 Civil Term • Brian Zook and Norfolk Southern Corporation, Inc. : Civil Term Defendants SUBPOENA DIRECTED To JOSEPH BYTOF,O.D. 7 N.BALTIMORE STREET DILLSBURG,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 the Subpoena: Any and all records in the possession or under the control of the deponent, including electronic medical records (EMRs), electronic health records (EHRs) and electronically stored information(ESI), relative to treatments and services rendered to JOHN A.YOUNG,JR.,DATE OF BIRTH: 11/3/1984; SSN 210-70-1140, including but not limited to, all prescriptions, bills/invoices, office notes, records and memoranda, results of diagnostic tests and examinations, notes of treatment and services rendered and insurance information along with any other office notes, records and memoranda and/or documentation 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 DATE SPECIFIED ON THE SUBPOENA. • CERTIFICATE OF SERVICE I hereby certify that on the date written below,a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena was served by United States First Class Mail,postage pre-paid,upon those person(s) listed below: Jason B. Duncan, Esquire Bret Shaffer,Esquire Stone, Duncan& Linsenbach, PC Baric Scherer LLC 8 N. Baltimore St 19 West South Street Dillsburg, PA 17019 Carlisle, PA 17013 (Counsel for Plaintiff) (Counsel for Defendant, Brian Zook) 1 /i I ,/ Sherry A. y ay,Paralega Dated: January 31, 2014 NAUMAN, SMITH, SHISSLER& HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court I.D.No.34996 Counsel For: Norfolk Southern Railway Company 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 John Young, Jr., an incapacitated : IN THE COURT OF COMMON PLEAS OF person, and Jessica Young : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2012-472 Civil Term • Brian Zook and Norfolk Southern Railway Company, : Civil Term Defendants CERTIFICATE OF SERVICE I hereby certify that I have on the date written below, served a copy of the foregoing "Certificate Prerequisite to Service of 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: Jason B. Duncan, Esquire Bret P. Shaffer, Esquire Stone, Duncan & Linsenbach, PC Baric Scherer LLC 8 N. Baltimore St 19 West South Street Dillsburg, PA 17019 Carlisle, PA 17013 (Counsel for Plaintiff) (Counsel for Defendant, Brian Zook) Sherry A. ay, Paralegal Dated: February 12, 2014