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HomeMy WebLinkAbout13-2092 Supreme Co, nnsylvania N Con Dcommo 1 leas For Prothonotary Use Only: Docket No: CU County &I tkr/k The information collected on this form is used solely./or court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: rl Complaint EE Writ of Summons Petition S M Transfer from Another Jurisdiction a Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T Jeffrey L.Walters and Beth A.Walters Norfolk Southern Railway Company Are money damages requested? El Yes r1i No Dollar Amount Requested: 01 within arbitration limits (check one) F1 outside arbitration limits 0 I N Is this a Class Action Suit? Yes 17* No Is this an MDJAppeal? n Yes F1 No A Name of Plaintiff/Appellant's Attorney: Mark S. Silver, Esquire 0 Check here if you have no attorney(are a Self-Represented )Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional Buyer Plaintiff Administrative Agencies rl Malicious Prosecution Debt Collection:Credit Card M Board of Assessment Motor Vehicle Debt Collection:Other 0 Board of Elections Nuisance 0 Dept.of Transportation Premises Liability 0 Statutory Appeal:Other S 9 Product Liability(does not include Employment Dispute: E mass fort) Discrimination Slander/Libel/Defamation Other: C x1 Employment Dispute: Other 0 Zoning Board Negligence-Product spill 0 Other: T with property damage Other: 10 MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment B Ground Rent 17 J Mandamus Landlord/Tenant Dispute [3 Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto Dental 0 Partition 0 Replevin [3 Legal 0 Quiet Title n Other: Medical 0 Other: Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANM CIVIL DIVISION Plaintiff(s)&Address(es) %' Jeffrey L. Walters and -< ., Beth A. Walters, husband and wife 86 Greenwood Circle ; -- Wormleysburg, PA 17043 ° co -�'' Case No. __ aag� Civil Tffjin - vs. Civil Action- Law Defendant(s)&Address(es) Norfolk Southern Railway Company c/o CT Corporation 116 Pine Street Harrisburg, PA 17101 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne Sh f. ! ase Circle choice 0 4 1'3 Date: AprilXr, 2013 Sign ure of Attorney Print Name: Mark S. Silver, Esquire Address: 3401 North Front Street Harrisburg, PA 17110 Telephone#:717-232-5000 Supreme Court ID Number: 09825 WRIT OF S MMONS TO:__No&(k Sooth n YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS)HASMAVE COMMENCED AN ACTION AGAINST YOU. p �—�� -vid Prothonotary/Clerk,Civil Division Date: by Deputy o X103.75 PA ATTN ��107505 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILE J-OFF'ICS Sheriff OF T PROTHO O iARV Jody S Smith Chief Deputy 1013 MAY _.3 PM 2 07 , _ Richard W Stewart CUMBERLAND COUNTY Solicitor 0MCEOrTr S'WMIFw PENNSYLVANIA Jeffrey L Walters(et al.) Case Number vs. Norfolk Southern Railway Company 2013-2092 SHERIFF'S RETURN OF SERVICE 04/29/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Norfolk Southern Railway Company, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Summons according to law. 05/01/2013 The requested Writ of Summons served by the Sheriff of Dauphin County upon a Customer Service Associate, who accepted for Norfolk Southern Railway Company, at C/O CSC at 2595 Interstate Drive, Suite 103, Harrisburg, PA 17110. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. REFUSED BY CT CORPORATION AT 116 PINE STREET, SUITE 320, HARRISBURG, PA 17101 - THEY ARE NOT THE REGISTERED AGENT FOR THE DEFENDANT. PER THE PA DEPARTMENT OF STATE, THE DEFENDANT'S REGISTERED AGENT IS CORPORATION SERVICE COMPANY AT THE ADDRESS LISTED ABOVE. SERVED UPON CUSTOMER SERVICE ASSOCIATE. SHERIFF COST: $37.00 SO ANSWERS, May 01, 2013 RON R ANDERSON, SHERIFF (r,)CountySuite Sheritf,Teleosoft,Inc. Shelleyy Ruhl ,gg JackiDD gnyan Real EstaTe Deputy ?!r8!.' Matthew L. Owens Michael W. Rinehart Solicitor 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 JEFFREY L. WALTERS AND BETH A. WALTERS,H/W VS County of Dauphin NORFOLK SOUTHERN RAILWAY COMPANY Sheriff s Return No. 2013-T-1301 OTHER COUNTY NO. 2013-2092 And now: APRIL 26, 2013 at 9:16:00 AM served the within WRIT OF SUMMONS upon NORFOLK SOUTHERN RAILWAY COMPANY by personally handing to JENNIFER SMITH, 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at C/O CSC, 2595 INTERSTATE DR, STE 103 HARRISBURG PA 17110 REFUSED BY CT CORPORATION AT 116 PINE STREET, SUITE 320, HARRISBURG, PA 17101 - THEY ARE NOT THE REGISTERED AGENT FOR THE DEFENDANT. PER THE PA DEPARTMENT OF STATE, THE DEFENDANT'S REGISTERED AGENT IS CORPORATION SERVICE COMPANY AT THE ADDRESS LISTED ABOVE. SERVED UPON CUSTOMER SERVICE ASSOCIATE. Sworn and subscribed to So Answers, before me this 29TH day of April, 2013 Q of Cjq a. X J� By .► COMMONWEALTH OF PENNSYLVANIA D puty Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $41.25 4/24/2013 My Commission Expires August 17 2014 r NAUMAN, SMITH, SHISSLER&HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 w ti Joshua D. Bonn, Esquire Supreme Court ID#93967 200 North Third Street, 181"Floor ' co P. O. Box 840 Q MP �-n =9 =r5 Harrisburg, PA 17108-0840 CD ca r=-. Telephone: (717) 236-3010, Ext. 22 : Cn Facsimile: (717) 234-1925 r e-mail: cistaud@nssh.com jbonn@u,nssh.com Counsel for Norfolk Southern Railway Company, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey L. Walters and Civil Division Beth A. Walters, husband and wife, Plaintiffs Case No. 13-2092 Civil Term V. Civil Action- Law Norfolk Southern Railway Company, Defendant 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 on behalf of Norfolk Southern Railway Company and Norfolk Southern Corporation, in the above-referenced proceeding. NAUMAN, SMITH, SHISSLER&HALL, LLP By: Craig udenmaier, Esquire Supreme ourt 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 Counsel for Norfolk Southern Railway Company, Defendant Date: May 7, 2013 CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Judy A. Imes, an employee of the law 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: Mark S. Silver, Esquire 3401 North Front Street Harrisburg,PA 17110 Ju4 A. Imes Date: May 7, 2013 r�4. ✓ NAUMAN, SMITH, SHISSLER&HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 G *a Joshua D. Bonn, Esquire Supreme Court ID#93967 M ch —� ca rya 200 North Third Street, 18 Floor, P. O. Box 840 " M/ z Harrisburg, PA 17108-0840 ,° C:)-q Telephone: (717) 236-3010 Z5 ✓ f+A Facsimile: (717) 234-1925 E-mail: cistaud@nssh.com ' jbonn @nssh.com Counsel for Norfolk Southern Railway Company, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey L. Walters and Civil Division Beth A. Walters,husband and wife, Plaintiffs Case No. 13-2092 Civil Term V. Civil Action- Law Norfolk Southern Railway Company, Defendant NORFOLK SOUTHERN RAILWAY COMPANY,DEFENDANT, PRAECIPE FOR RULE TO FILE COMPLAINT AND RULE ay TO PROTHONOTARY: Please enter a Rule upon Jeffrey L. Walters and Beth A. Walters, Plaintiffs, to file a Complaint within twenty(20) days after service of the Rule or suffer the entry of Judgment of Non Pros. NAUMAN, SMITH, SHISSLER&HALL, LLP By: Craig J. taudenmaier,Esquire Suprem.fCourt 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: May 7, 2013 RULE AND NOW,this day of %U 2012, a Rule is hereby granted upon I Jeffrey L. Walters and Beth A. Walters,Plaintiffs,to file a Complaint herein within twenty(20) days after service hereof or suffer the entry of a Judgment of Non Pros. Prothonotary, Civil Division By: Deputy t CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Judy A. Imes, an employee of the firm of Nauman, Smith, Shissler&Hall,hereby certify that I this day served Norfolk Southern Railway Company,Defendant, Praecipe for Rule to File Complaint and Rule,by depositing a copy of the same in the United States Mail, first class,postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Mark S. Silver, Esquire 3401 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs k, Jud A. Imes Date: May 7, 2013 i.. NAUMAN, SMITH, SHIS SLER&HALL, LLP tl i-­ T`H E P R 0 TH O N p TA tR`r'' Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 7 Joshua D. Bonn, Esquire CUMBERLAND COUNTY Supreme Court ID# 93967 PENNSYLVANIA 200 North Third Street, I P Floor, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717)236-3010 Facsimile: (717)234-1925 E-mail: cjstaud@nssh.com jbonn o,nssh.com Counsel for Norfolk Southern Railway Company, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Jeffrey L. Walters and Civil Division Beth A. Walters,husband and wife, Plaintiffs Case No. 13-2092 Civil Term V. Civil Action- Law Norfolk Southern Railway Company, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF DAUPHIN: I, CRAIG J. STAUDENMAIER, ESQUIRE, attorney with the firm of Nauman, Smith, Shissler&Hall, LLP,being duly sworn according to law, depose and say the following: On May 13, 2013, I forwarded to Plaintiff's attorney,Mark S. Silver, Esquire, a true and correct copy of the Praecipe for Rule to File Complaint and Rule issued by the Prothonotary of Cumberland County on May 8, 2013, by certified mail,return receipt requested. Attached hereto is a copy of the transmittal letter and receipt for certified mail No. 7009225000003 8187367,marked Exhibit"A-1"and"A-2"respectively. Plaintiff's attorney,Mark S.Silver,Esquire received delivery of the aforesaid Certificate on May 15, 2013 as evidenced by the signed, certified mail receipt attached hereto and marked Exhibit`B". NAUMAN, SMITH, SHISSLER& HALL, LLP BY Craig Staudenmaier,Esquire Suprer4e 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 Counsel for Ryan Brown and Norfolk Southern Railway Company,Defendants Sworn and subscribed to before me this c2 d day of 2013. Nota Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sherry A.May,Notary Public City of Harrisburg,Dauphin County my commission ex ims November 16,2013 CERTIFICATE OF SERVICE AND NOW,on the date stated below,I,Judy A.Imes,an employee of the firm of Nauman, Smith, Shissler& Hall,hereby certify that I this day served Norfolk Southern Railway Company, Defendant, Affidavit of Service, by depositing a copy of the same in the United States Mail, first class,postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Mark S. Silver, Esquire 3401 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs Ju y A. es Date: May 20, 2013 u ® ' A t t o r n e y s A t L a Please reply to: P. O. Box 840 Craig J. Staudenmaier, Esquire Harrisburg, PA 17108-0840 cistaud@,nssh.com (717) 236-3010, Ext. 22 May 13, 2013 Certified mail, return receipt requested Mark S. Silver, Esquire 3401 North Front Street Harrisburg, PA .17110 Re: Jeffrey L. Walters and Beth A. Walters v. Norfolk Southern Railway Company No. 13-2092 Civil Term NS#11002636 NSSH#15573 Dear Mark: Enclosed is a copy of the Praecipe for Rule to File Complaint and Rule issued by the Prothonotary of Cumberland County on May 8, 2013 on behalf of Norfolk Southern Railway Company. Please note that under Pa.R.C.P. 1037(a) a complaint must be filed within 20 days of service of this Rule upon you. However, as we discussed, you are preparing some additional background materials you believe may be useful in assessing your clients' claims. If you believe you would need more time to prepare the complaint in light of this,please contact me. Sincerely yours, Cr4.at denm aier CJS/jai Enclosure EXHIBIT Superior analysis . Effective solutions . Since 1871 Nauman Smith Shissler_&Hall LLP• 200 North 3rd Street-18th Floor• HarrishurA--PA_17101 • 717.23fi_3Il1Q e Pax• 717 234 1025 . urvw agch on Postal RECEIPT CERTIFIED IVIAILT,, (Domestic Mail Only; M For delivery W 0 U Ili• U �l• L,,1 L U S ['_ m Postage $ ' 7 0, en Q� Certified Fee v 9 M C Post O Return Receipt Fee i/ H4V D C3 (Endorsement Required) , N ... M Restricted Delivery Fee (Endorsement Required) P O 0 UlTotal Postage&Fees $ ru cr Mark S. Silver, Esquire ___ __ 3401 forth Front Street C3 or PO Box No. t� ZIP+4 1larrisburg; PA 1.7110 ................ City,State, :.. F EXHIBIT b a -a COMPLETE ■ Complete items 1,2,and 3.Also complete A. Signatyre item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse ❑Addressee s that Can return the Card t you. S. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the e mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delive address different from item 1? ❑Y� if YES, ter delivery addressNbelow: ❑No ;Mark S. Silver, Esquire 3'401 North.Front Street �h N Harrisburg, PA 17110 3. peylbe Type / Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. Restricted Delivery?(Extra Fee) ❑Yes __ __ 1 2. Article Number 70x9 2250 0000 3818 7367 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt �o25ss +5 EXHIBIT 0 NAUMAN, SMITH, SHISSLER& HALL, LLP Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 Joshua D. Bonn, Esquire Supreme Court ID# 93967 Counsel for Norfolk Southern Railway Company, Defendant 200 North Third Street, 18`h Floor, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 CD Facsimile: (717) 234-1925 c E-mail: cistaudgnssh.com ibonn ,nssh.com ? 'F IN THE COURT OF COMMON PLEAS OF N� CUMBERLAND COUNTY, PENNSYLVANIA rte-- "n {� .<° X" C:)- Jeffrey L. Walters and Civil Division >�C-) Beth A. Walters, husband and wife, - ° Plaintiffs Case No. 13-2092 Civil Term V. Civil Action - Law Norfolk Southern Railway Company, Defendant NORFOLK SOUTHERN RAILWAY COMPANY'S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, 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) no objections to the subpoena have been received, 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: H6�� Craig J. taudenmaier, Esquire Supreme Court I.D. #34996 r 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 Railway Company, Defendant Dated: September 4, 2013 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 Facsimile: (717) 234-1925 E-mail: cstaudgnssh.com jbonn@nssh.com Counsel for Norfolk Southern Railway Company, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey L. Walters and Civil Division Beth A. Walters, husband and wife, Plaintiffs Case No. 13-2092 Civil Term V. Civil Action- Law Norfolk Southern Railway Company, Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Norfolk Southern Railway Company intends to a serve 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 — QJ Craig J. t enmaier, Esquire Supreme Co 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 Railway Company, Dated: August 9, 2013 Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jeffrey L. Walters &Beth A. Walters Plaintiff File No. 13-2092 vs. Norfolk Southern Railway Company Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Fish&Boat Commission (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 Corporation Ddendunl BY THE COURT: Prothonotary,Civil Division Date: Seal of the Court Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey L. Walters and Civil Division Beth A. Walters, husband and wife, Plaintiffs Case No. 13-2092 Civil Term V. Civil Action - Law Norfolk Southern Railway Company, Defendant TO: PENNSYLVANIA FISH&BOAT COMMISSION BUREAU OF ADMINISTRATION PO Box 67000 HARRISBURG,PA 17106 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 Pennsylvania Fish&Boat Commission relative to the DIESEL SPILL DISCOVERED ON APRIL 23,2011 IN THE SUSQUEHANNA RIVER NEAR THE INTERSECTION OF MARKET AND FRONT STREETS IN WEST FAIRVIEW, PENNSYLVANIA, including but not limited to, Bureau of Law Enforcement investigative reports, photographs, correspondence, notes, memoranda, letters, messages, documents, e-mails, reports, notices, or any other documentation related to the above incident 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 AND NOW,on the date stated below,I,Sherry A.May,Paralegal for the firm of Nauman, Smith, Shissler& Hall, hereby certify that I this day served Defendant, Norfolk Southern Railway Company's Notice of Intent to Serve a Subpoena, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Mark S. Silver, Esquire 3401 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs Sherry A. May, aralegal Date: August 9, 2013 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 Jeffrey L. Walters and Civil Division Beth A. Walters, husband and wife, Plaintiffs Case No. 13-2092 Civil Term V. Civil Action - Law Norfolk Southern Railway Company, : Defendant 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: Mark S. Silver, Esquire 3401 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs Sherry A. ay, Paralegal Dated: September 4, 2013 w • w NAUMAN, SMITH, SHISSLER& HALL, LLP ', Iii �fi° Craig J. Staudenmaier, Esquire P;j 2 9 t i H Supreme Court ID# 34996 Joshua D. Bonn, Esquire .- ;' ,;' '' ''LAND COUNTY Supreme Court ID# 93967 Counsel for Norfolk Southein0laY1641npany, Defendant 200 North Third Street, 18`h Floor, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 E-mail: cjstaud @nssh,com jbonn @nssh.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey L. Walters and : Civil Division • Beth A. Walters, husband and wife, Plaintiffs • Case No. 13-2092 Civil Term v. • Civil Action - Law • Norfolk Southern Railway Company, • Defendant 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 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 taudenmaier, 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 Railway Company, Defendant Dated: October 28, 2013 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, 18th Floor, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 E-mail: cjstaud @nssh.com. jbonn@nssh.com Counsel for Norfolk Southern Railway Company, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey L. Walters and • Civil Division • Beth A. Walters, husband and wife, Plaintiffs • Case No. 13-2092 Civil Term • v. • Civil Action - Law • • Norfolk Southern Railway Company, • Defendant 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. ` 'denmaier, 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, Dated: October 7, 2013 Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND• Jeffrey L. Walters &Beth A. Walters • Plaintiff : File No. 13-2092 VS. Norfolk Southern Railway Company •• Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PNC 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.,18th flr. Harrisburg,PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID#34996 ATTORNEY FOR: Norfolk Southern Corporation txtmdmt BY THE COURT:_ _ _ , Prothonotary,Civ1 Division !� r Date: tf�`/I0 0//3 J./ Seal of the Court Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey L. Walters and • Civil Division Beth A. Walters, husband and wife, • Plaintiffs • Case No. 13-2092 Civil Term • v. • Civil Action - Law Norfolk Southern Railway Company, • Defendant To: PNC BANK 2148 MARKET STREET Camp Hill, PA 17011 ADDENDUM "A" You are commanded to produce and permit inspection and copying of the following documents or objects at the place, date and time specified on the Subpoena: Any and all records in the possession or under the control of the deponent relative to JEFFREY L.WALTERS AND/OR BETH A.WALTERS,86 Greenwood Circle,Wormleysburg,PA 17043, and/or 104 MARKET STREET PARTNERS and/or 601 N. FRONT STREET PARTNERS, including but not limited to, open and closed-end bank loans or mortgage documents, reflecting loans made to or co-signed by JEFFREY L.WALTERS AND/OR BETH A.WALTERS,including but not limited to loan applications,loan ledger sheets,collateral agreements,financial statements,real estate mortgages, chattel mortgages or other security instruments for loans, contracts, agreements, correspondence,notes, memoranda, letters, messages, documents, e-mails, reports, notices,or any other documentation related to the above accounts to be used for the purposes of discovery or for use at trial or for both purposes. NOTE: We are not requesting personal account information such as personal savings,health savings, IRA or SEP/IRA and/or checking accounts. 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 Jeffrey L. Walters&Beth A. Walters Plaintiff . File No. 13-2092 VS. Norfolk Southern Railway Company Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Susquehanna 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.,18th flr. Harrisburg,PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID#34996 ATTORNEY FOR: Norfolk Southern Corporation Doe dane BY THE COURT: Prothonotary,Civil Division (� Date: eJ/l°/0 O/ Seal of the Court Deputy P Y • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey L. Walters and • Civil Division • Beth A. Walters,husband and wife, Plaintiffs Case No. 13-2092 Civil Term • v. • Civil Action-Law • • Norfolk Southern Railway Company, • Defendant TO: SUSQUEHANNA BANK 112 MARKET ST. HARRISBURG,PA 17101 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 JEFFREY L.WALTERS AND/OR BETH A.WALTERS,86 Greenwood Circle,Wormleysburg,PA 17043, and/or 104 MARKET STREET PARTNERS and/or 601 N. FRONT STREET PARTNERS, including but not limited to, open and closed-end bank loans or mortgage documents, reflecting loans made to or co-signed by JEFFREY L.WALTERS AND/OR BETH A.WALTERS,including but not limited to loan applications,loan ledger sheets,collateral agreements,financial statements,real estate mortgages, chattel mortgages or other security instruments for loans, contracts, agreements, correspondence,notes,memoranda,letters,messages, documents, e-mails, reports, notices,or any other documentation related to the above accounts to be used for the purposes of discovery or for use at trial or for both purposes. NOTE: We are not requesting personal account information such as personal savings,health savings, IRA or SEP/IRA and/or checking accounts. 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 Jeffrey L. Walters&Beth A. Walters Plaintiff : File No. 13-2092 VS. Norfolk Southern Railway Company Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Commerce 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.,18th flr. Harrisburg,PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID#34996 ATTORNEY FOR: Norfolk Southern Corporation tar dam BY THE COURT: Prothonotary,Civil Division 4;420/3 Date: sf Seal of the Court Deputy • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey L. Walters and Civil Division • Beth A. Walters,husband and wife, Plaintiffs : Case No. 13-2092 Civil Term • v. : Civil Action - Law • Norfolk Southern Railway Company, • Defendant To: COMMERCE BANK 100 SENATE AVENUE CAMP HILL,PA 17011 ADDENDUM "A" You are commanded to produce and permit inspection and copying of the following documents or objects at the place, date and time specified on the Subpoena: Any and all records in the possession or under the control of the deponent relative to JEFFREY L.WALTERS AND/OR BETH A.WALTERS,86 Greenwood Circle,Wormleysburg,PA 17043, and/or 104 MARKET STREET PARTNERS and/or 601 N. FRONT STREET PARTNERS, including but not limited to, open and closed-end bank loans or mortgage documents, reflecting loans made to or co-signed by JEFFREY L.WALTERS AND/OR BETH A.WALTERS,including but not limited to loan applications,loan ledger sheets,collateral agreements,financial statements,real estate mortgages, chattel mortgages or other security instruments for loans, contracts, agreements, correspondence,notes, memoranda, letters, messages, documents, e-mails, reports, notices, or any other documentation related to the above accounts to be used for the purposes of discovery or for use at trial or for both purposes. NOTE:We are not requesting personal account information such as personal savings,health savings, IRA or SEP/IRA and/or checking accounts. 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 Jeffrey L. Walters&Beth A. Walters Plaintiff File No.13-2092 VS. Norfolk Southern Railway Company Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Metro 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.,18th flr. Harrisburg,PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID# 34996 ATTORNEY FOR: Norfolk Southern Corporation Defendant BY THE COURT lezeta. LI) LEL Prothonotary,Civil Division Date: e/I.z/.20 /3 Seal of the Court Deputy P Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey L. Walters and • Civil Division • Beth A. Walters, husband and wife, Plaintiffs • Case No. 13-2092 Civil Term v. • Civil Action- Law • • Norfolk Southern Railway Company, • Defendant To: METRO BANK 6071 ALLENTOWN BLVD. HARRISBURG,PA 17112 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 JEFFREY L.WALTERS AND/OR BETH A.WALTERS,86 Greenwood Circle,Wormleysburg,PA 17043, and/or 104 MARKET STREET PARTNERS and/or 601 N. FRONT STREET PARTNERS, including but not limited to, open and closed-end bank loans or mortgage documents, reflecting loans made to or co-signed by JEFFREY L.WALTERS AND/OR BETH A.WALTERS,including but not limited to loan applications,loan ledger sheets,collateral agreements,financial statements,real estate mortgages, chattel mortgages or other security instruments for loans, contracts, agreements, correspondence,notes, memoranda, letters, messages, documents, e-mails,reports, notices, or any other documentation related to the above accounts to be used for the purposes of discovery or for use at trial or for both purposes. NOTE:We are not requesting personal account information such as personal savings,health savings, IRA or SEP/IRA and/or checking accounts. 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• Jeffrey L. Walters &Beth A. Walters ••Plaintiff • File No. 13-2092 • VS. • Norfolk Southern Railway Company • Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mid Penn 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.,18th fir Harrisburg,PA 17101 TELEPHONE: 717-236-3010 ext 22 SUPREME COURT ID#34996 ATTORNEY FOR: Norfolk Southern Corporation Defendant BY THE COURT: // � Prothonotary,Civil Division Date: e[ ( �/2 3 1�/ ' Seal of the Court Deputy • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey L. Walters and • Civil Division Beth A. Walters,husband and wife, • Plaintiffs • Case No. 13-2092 Civil Term • v. • Civil Action-Law Norfolk Southern Railway Company, Defendant • To: MID PENN BANK MARKET SQUARE PLAZA 17 NORTH SECOND STREET HARRISBURG,PA 17101 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 JEFFREY L.WALTERS AND/OR BETH A.WALTERS,86 Greenwood Circle,Wormleysburg,PA 17043, and/or 104 MARKET STREET PARTNERS and/or 601 N. FRONT STREET PARTNERS, including but not limited to, open and closed-end bank loans or mortgage documents, reflecting loans made to or co-signed by JEFFREY L.WALTERS AND/OR BETH A.WALTERS,including but not limited to loan applications,loan ledger sheets,collateral agreements,financial statements,real estate mortgages, chattel mortgages or other security instruments for loans, contracts, agreements, correspondence,notes, memoranda, letters,messages,documents, e-mails,reports, notices,or any other documentation related to the above accounts to be used for the purposes of discovery or for use at trial or for both purposes. NOTE: We are not requesting personal account information such as personal savings,health savings, IRA or SEP/IRA and/or checking accounts. 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 AND NOW,on the date stated below,I,Sherry A.May,Paralegal for the firm of Nauman, Smith, Shissler & Hall, hereby certify that I this day served Defendant,Norfolk Southern Railway Company's Notice of Intent to Serve Subpoenas, by depositing a copy of the same in the United States Mail, first class,postage prepaid, at Harrisburg,Pennsylvania, addressed to the following: Mark S. Silver, Esquire 3401 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs 1 Sherry A. Mai, Para egal Date: October 7, 2013 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 Jeffrey L. Walters and • Civil Division • Beth A. Walters, husband and wife, Plaintiffs • Case No. 13-2092 Civil Term • v. • Civil Action - Law • • Norfolk Southern Railway Company, • Defendant 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: Mark S. Silver, Esquire 3401 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs Sherry A. M , Paralegal Dated: October 28, 2013 • CV - 1 PM f: t0 CUMBERLAND COUNTY PENNSYLVANIA Mark S. Silver, Esquire Atty ID No.: 09825 Mette, Evans & Woodside, P.C. 3401 North Front Street Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Facsimile: (717) 236-1816 Attorney for Plaintiffs JEFFREY L. WALTERS and : IN THE COURT OF COMMON PLEAS BETH A. WALTERS, husband : CUMBERLAND COUNTY,PENNSYLVANIA and wife, Plaintiffs : No. 13-2092 Civil Term • v. • NORFOLK SOUTHERN RAILWAY : COMPANY, Defendant : CIVIL ACTION—LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 Respectfully submitted, METTE, EVANS & WOODSIDE By: Mark S. Silver, Esquire I.D. No. 09825 3401 North Front Street Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Jeffrey L. Walters and Beth A. Walters, husband and wife, Plaintiffs Date: November 1, 2013 679558v1 Mark S. Silver, Esquire Atty ID No.: 09825 Mette, Evans & Woodside, P.C. 3401 North Front Street Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Facsimile: (717) 236-1816 Attorney for Plaintiffs JEFFREY L. WALTERS and : IN THE COURT OF COMMON PLEAS BETH A. WALTERS, husband : CUMBERLAND COUNTY, PENNSYLVANIA and wife, Plaintiffs : No. 13-2092 Civil Term v. NORFOLK SOUTHERN RAILWAY : COMPANY, Defendant : CIVIL ACTION—LAW COMPLAINT AND NOW, come the Plaintiffs Jeffrey L. Walters and Beth A. Walters, husband and wife, by and through their attorneys Mette, Evans & Woodside, P.C., and file the within Complaint against Defendant Norfolk Southern Railway Company, upon a cause of action more fully set forth as follows: I. PARTIES 1. Plaintiffs Jeffrey L. Walters and Beth A. Walters ("Walters") are married adult individuals who reside at 86 Greenwood Circle, Wormleysburg, Cumberland County, Pennsylvania 17043. 2. Defendant Norfolk Southern Railway Company("NSRC") is a Virginia business corporation with its principal office located at Three Commercial Place, Norfolk, Virginia 23510-9242. Defendant NSRC is a business corporation registered to conduct business in Pennsylvania, having an address for service of process in Pennsylvania at Corporation Service Company ("CSC"), 2595 Interstate Drive, Suite 103, Harrisburg, Pennsylvania 17110. 3. Defendant NSRC conducts business in Pennsylvania and maintains a division headquarters at 4600 Deer Path Road, Harrisburg, Pennsylvania 17110. II. PROCEDURAL HISTORY 4. This civil action was commenced by the Plaintiffs when they filed a Praecipe for Writ of Summons with the Prothonotary of Cumberland County, Pennsylvania, on April 18, 2013, to Docket Number 13-2092 Civil Term. 5. Service of the Writ of Summons issued by the Prothonotary of Cumberland County was effected upon Defendant NSRC by the deputized (by the Sheriff of Cumberland County, Pennsylvania) Sheriff of Dauphin County, Pennsylvania, on April 26, 2013, by personal service at Defendant's registered address for service of process at CSC, 2595 Interstate Drive, Suite 103, Harrisburg, Pennsylvania 17110. III. JURISDICTION AND VENUE 6. This Court has jurisdiction of this matter pursuant to 42 Pa. C.S.A. § 931(a). 7. Venue is proper in the Cumberland County Court of Common Pleas pursuant to 42 Pa. C.S.A. § 931(c), because the subject property (of Plaintiffs) and all conduct as will be averred hereinafter by Defendant NSRC (acting by or through its agents, servants, workmen, and/or employees while under its control, on its behalf, and within the scope of their duties and employment), is located and/or occurred in Cumberland County, Pennsylvania. IV. FACTUAL BACKGROUND 8. The date of the incident (diesel fuel spill) giving rise to the instant cause of action and claim for damages as set forth in detail hereinafter in this Complaint, is April 19, 2011. 9. Plaintiffs Walters, since July 19, 2005, are the legal owners of the property the subject of this action, pursuant to their Deed dated July 19, 2005, recorded July 20, 2005, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Book 269, Page 5018 ("Subject Property"). 10. The Plaintiffs' Subject Property, on April 19, 2011, and thereafter, is situate at 99 Front Street, Township of East Pennsboro (formerly Borough of West Fairview), Enola, • Cumberland County, Pennsylvania 17043, is comprised of a Susquehanna riverfront lot bounded on the East by the West bank of the Susquehanna River, on the West by Front Street, and is located at the foot and along the South side of the East terminus point of Market Street at the Susquehanna River. 11. Plaintiffs' Subject Property as of April 19, 2011, was improved with a two-story residential dwelling house with attached garage containing approximately 3,874 square feet of gross building area(approximately 3,024 square foot house; approximately 850 square foot garage). 12. Plaintiffs' Subject Property's dwelling house, as aforesaid (See: Paragraph 11, above), was comprised of four (4) bedrooms, two (2) full bathrooms, living room, dining room, kitchen, attached garage, balconies, and porch, with basement workspace/storage space on concrete floor adjacent to the garage. 13. Commencing subsequent to their purchase of the Subject Property and continuing • thereafter Plaintiffs leased the subject dwelling house for a monthly rent of$1,250.00, and the garage for a monthly rent of$850.00, or a total monthly rent in the amount of$2,100.00, or a gross annual revenue totaling approximately $25,200.00. 14. Defendant NSRC owns and maintains a right-of-way upon which railroad tracks are located which it also owns and maintains with supporting real property ("tracks" or "Defendant's Property"), which is situate within, and extends through East Pennsboro Township (formerly Borough of West Fairview) in the vicinity of the West terminus of Market Street where said Market Street intersects with Defendant's property at the top of the Market Street hill and to the West side of Route 11. 15. From Defendant's Property (at the West) extending to the East, to Plaintiffs' Subject Property at the foot of Market Street and the West bank of the Susquehanna River, the topography is a constant and continuous downhill grade from the high elevation of Defendant's Property to the low elevation terminating at the Subject Property and the Susquehanna River. 16. On or about April 19, 2011, one of Defendant's maintenance crews, comprised of its agents, servants, workmen, and/or employees, while acting on its behalf and on and about the business of Defendant and under Defendant's supervision and control and within the scope of employment, while performing assigned duties on Defendant's aforesaid property, ("maintenance crew") carelessly and recklessly hit a fuel transfer switch while working on a rail- grinding car that caused diesel fuel to transfer from one tank to another tank that was already full, resulting in an overfill and spillage onto the ground, which was negligent, and that caused damage to the Susquehanna River and to Plaintiffs' Subject Property as will be detailed hereinafter. 17. The careless, reckless, and negligent conduct of Defendant, by and through its maintenance crew as aforesaid, is comprised of the following: a. failing to take adequate precaution to assure that the fuel transfer switch would not be engaged to permit diesel fuel to be released from the railroad car while working on it; and b. failing to consider and take pre-maintenance caution to assure in the event of a reasonably foreseeable transfer of diesel fuel from a tank on one railroad car to another, that the receiving tank would be capable of accepting a quantity of additional diesel fuel before a spill would occur; and c. failing to monitor and control the spill and the spread and distribution of the spilled diesel fuel and to contain it on Defendant's Property before the spilled diesel fuel transported to and caused damage to Plaintiffs' Subject Property; and d. Failing to take immediate remedial action to minimize and control the spread and distribution of the spilled diesel fuel; and e. failing to timely report the spill to all necessary and required authorities, including but not limited to Pennsylvania Department of Environmental Protection ("PA DEP"), Cumberland County HAZMAT, Dauphin County HAZMAT, East Pennsboro Fire Company, until at least two (2) if not three (3) days thereafter, which failure to timely report also exacerbated the damage both to the Susquehanna River and to Plaintiffs' Subject Property; and f. failing to adequately instruct, train, and supervise its maintenance crew so as to avoid causing the very type of incident that occurred in this matter and in the manner described above; and g. failing to adequately instruct, train, and supervise its maintenance crew so as to avoid causing the very type of incident that occurred in this matter as described above and the Plaintiffs' Subject Property to sustain damage and Plaintiffs to suffer the losses and expenses of repair to their Subject Property as detailed hereinafter; and h. failing to control and to mitigate the spill; the quantity of diesel fuel spilled; the transfer of the spilled fuel into and through the ground, drains, stormwater management system including inlets pipes, lines, catch basins, and manholes, and points of seepage and absorption into the ground both at the point of spill and throughout the stormwater management system as described; and failing to perform all of the above so as to protect and preserve Plaintiffs' Subject Property from damage; and i. causing the damages and losses to and at Plaintiffs' Subject Property as set forth below. 18. As a direct and proximate result of the careless, reckless, and negligent conduct of Defendant and of Defendant's maintenance crew as aforesaid, Plaintiffs' Subject Property and their interests therein were and remain damaged in the following respects: a. diesel fuel, as a result of the aforesaid spill, transported from Defendant's Property through the soil, inlets, drains, catch basins, stormwater pipe system, manholes, ground and groundwater to Plaintiffs' Subject Property and permeated, contaminated, and polluted the soil and ground rendering the house uninhabitable; and b. diesel fuel and its component molecules, as a result of the aforesaid spill, have been deposited into the ground, soil and their intersticies at and about Plaintiffs' Subject Property that occurred as a result of and immediately after the spill, and that continue to present in the form of oil "rainbow" slicks that appear in the Susquehanna River immediately proximate to and at the location of the Subject Property following rain and an increase of the groundwater and water table that rendered the house uninhabitable; and c. the penetrating and ever present odor of petroleum product at, about, and throughout the interior of the house situate at Plaintiffs' aforesaid Subject Property resulting from the diesel fuel spill both immediately after the spill, and continuing thereafter, some of which is reasonably believed to be a long term, permanent condition resulting from the spill, rendered the house uninhabitable and susceptible to explosion and fire, and thus required a complete renovation including but not limited to removal of drywall, flooring and floor coverings, insulation, replacement of all doors and windows, and other building materials, and exterior repairs, without which the house would remain uninhabitable; and d. the unknown impact of the diesel fuel spill and its continuing aftermath, as aforesaid, on the saleability of the Subject Property and/or its eligibility for mortgage financing by a proposed lending institution to any prospective purchaser; and e. the unknown impact of the diesel fuel spill and its continuing aftermath, as aforesaid, on the tentantability of the Subject Property to Plaintiffs. 19. Plaintiffs, in their efforts to mitigate damages sustained and to seek to reasonably mitigate damages that may be sustained in the future due to the impact of the diesel fuel spill and its aftermath on the Subject Property, as aforesaid, determined not to claim their Subject Property a"total loss"at the then approximate fair market value of the improvement (house) only (without contributory value of land), of approximately $318,000.00, but rather, to repair it at a cost less than its pre-incident fair market value which would have been lost had the repairs not been undertaken. 20. Plaintiffs have determined to proceed to seek to repair and to put the house into habitable condition, as aforesaid, at a total cost to them, to date, of approximately $152,524.01, in addition to which it is reasonably believed based on information received an additional sum of approximately $50,000.00 will be necessary to complete all of the required and necessary repairs comprised of: insulation, drywall, trim and finish, painting, appliances, plumbing and electrical, to bring the total amount claimed herein, as a direct and proximate result of the careless, reckless, and negligent conduct of Defendant as aforesaid to the total of$202,524.01. 21. The aforesaid total ($202,524.01) is a sum in excess of$115,475.00 less than the contributory fair market value of the house (only), had Plaintiffs claimed it a total loss; thus, Plaintiffs have mitigated the damages claimed herein by said amount ($115,475.00). 22. By way of detail, the expenses incurred to date, totaling approximately $152,524.01, set forth above in Paragraph 19, incorporated herein by reference, are comprised, approximately, of the following: a. construction dumpster and waste hauling $ 1,965.00 b. general contractor; materials; labor $78,279.39 c. rent and security deposit refunds $ 1,700.00 d. engineering; consulting; plans $ 7,572.50 e. Township—permits; inspections $ 1,805.00 f. inspections (electric) $ 150.00 g. concrete and materials $ 2,383.66 h. materials—electric, plumbing, furnace, hot water heater, walls, floors, windows, steel, roof, siding, gutters and downspouts $46,632.35 i. site work, demolition, concrete removal $ 4,321.23 j. tree trimming and repair $ 1,688.00 23. The amount in controversy is in excess of the maximum limits requiring arbitration ($50,000.00) in accordance with C.C.R.P. Rule 1301-1. 24. The careless, reckless, and negligent conduct of Defendant NSRC, as aforesaid, caused the Plaintiffs Walters' damages. 25. Defendant NSRC is liable and responsible in money damages to Plaintiffs Walters for all of the damages caused by and resulting from the careless, reckless, and negligent conduct of Defendant NSRC, as aforesaid. 26. Plaintiffs Walters hereby claim in accordance with their duty to do so, mitigated damages relating to the cost and expense of repair to their Subject Property as a direct and proximate result of Defendant NSRC's conduct as aforesaid, rather than the loss of the fair market value of the same (house, only) which, without the repairs as asset forth herein being made, would be in the approximate amount of$318,000.00 (See: Para. 19, above). [THIS SPACE LEFT BLANK, INTENTIONALLY] WHEREFORE, Plaintiffs Jeffrey L. Walters and Beth A. Walters, husband and wife, demand damages and judgment in their favor against Defendant Norfolk Southern Railway Company as set forth above, being an amount in excess of Fifty-Thousand ($50,000.00) Dollars, together with interest and/or delay damages, costs, and all other appropriate relief, a sum in excess of the limits requiring arbitration. Respectfully submitted, TE, EVANS & WOODSIDE, P.C. By: Mark S. Silver, Esquire ID No.: 09825 3401 North Front Street Date: (t-- 1 - (17 P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Jeffrey L. Walters and Beth A. Walters, husband and wife, Plaintiffs VERIFICATION I, Jeffrey L. Walters, one of the Plaintiffs in the within action, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. In making the verification, I am relying on my attorney's advice. The wording of this document is that of my attorneys and not my own. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Jeffrey L. alters Date: November 1, 2013 VERIFICATION I, Beth A. Walters, one of the Plaintiffs in the within action, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief In making the verification, I am relying on my attorney's advice. The wording of this document is that of my attorneys and not my own. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. I Beth A. Walters Date: November 1, 2013 JEFFREY L. WALTERS and : IN THE COURT OF COMMON PLEAS BETH A. WALTERS, husband : CUMBERLAND COUNTY, PENNSYLVANIA and wife, Plaintiffs : No. 13-2092 Civil Term v. NORFOLK SOUTHERN RAILWAY : COMPANY, Defendant : CIVIL ACTION—LAW CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, of Mette, Evans & Woodside, P.C., do hereby certify that on this date I served the foregoing "Complaint", by having placed a true and correct copy of the same in the United States Mail, First Class, postage prepaid, deposited in Harrisburg, Pennsylvania, addressed to the following: Craig J. Staudenmaier, Esquire Nauman, Smith, Shissler& Hall, LLP 200 North Third Street, 18th Floor Harrisburg, PA 17101 Attorney for Norfolk Southern Railway Company, Defendant METTE, EVANS & WOODSIDE, P.C. By: ACCA' Mark S. Silver, Esquire I.D. No. 09825 3401 North Front Street Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Jeffrey L. Walters and Beth A. Walters, husband and wife, Plaintiffs - Date: \- lam' Case 1:13-cv-02824-SHR Document 1 Filed 11/19/13 Page 1 of 7 • t : •,: 1 3- ao 9Z. 1."Ti-' r'1, LL. C 0 PP, 2: ' CLI11.3E1 ..AND PENNSYLVANIA UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Jeffrey L. Walters and Beth A. Walters, •. Plaintiffs, No. 13-CV-02-6000 v. • • Norfolk Southern Railway Company, • Filed Electronically Defendant. • NOTICE OF REMOVAL Pursuant to 28 U.S.C. §§ 1441 and 1446, Defendant, Norfolk Southern Railway Company("Norfolk Southern"),by its attorneys, Nauman, Smith, Shissler &Hall, LLP, files this Notice of Removal in order to remove the above-captioned action from the Court of Common Pleas of Cumberland County, Pennsylvania, to the United States District Court for the Middle District of Pennsylvania. The basis for federal court jurisdiction is diversity jurisdiction pursuant to 28 U.S.C. § 1332. In support of this Notice of Removal,Norfolk Southern states as follows: 1 Case 1:13-cv-02824-SHR Document 1 Filed 11/19/13 Page 2 of 7 Case Background and Foundation for Removal 1. On April 18, 2013, Plaintiffs, Jeffrey A. Walters and Beth A. Walters (collectively "Walters"), commenced Civil Action Nogainst Norfolk Southern in the Court of Common Pleas of Cumberland County, Pennsylvania by filing a Praecipe for Writ of Summons. 2. Plaintiffs filed their complaint over six months later on November 1, 2013, attached here as Exhibit "A." 3. Plaintiffs' complaint alleges that Norfolk Southern and/or Norfolk Southern's employees carelessly,recklessly, and negligently caused diesel fuel tó spill from a rail car,which caused resultant damage to Plaintiffs' property.!(Exhibit. . A, ¶¶ 16 & 17). 4. Plaintiffs claim damages in the amount of$202,524.01. (Exhibit A, ¶ 20). Plaintiffs claim to have expended $152,524.01 to remediate the property following the alleged diesel spill, and claim future expenses in the amount of $50,000. (Exhibit A, ¶ 20). 5. This civil action may properly be removed by Norfolk Southern to the Middle District pursuant to 28 U.S.C. § 1441(a), as the Court has original jurisdiction over this matter pursuant to 28 U.S.C. § 1332. 6. Venue for this removal is proper in the Middle District under 28 U.S.C. § 1441(a)because it is the District Court of the United States that includes 2 Case 1:13-cv-02824-SHR Document 1 Filed 11/19/13 Page 3 of 7 Cumberland County, the location of Plaintiff's property and where the alleged action took place. Complete Diversity of Citizenship 7. There is complete diversity of citizenship between the parties, as Plaintiffs, Jeffrey L. Walters and Beth A. Walters, are citizens of Pennsylvania, who reside at 86 Greenwood Circle, Wormleysburg, Cumberland County, Pennsylvania, (Exhibit A, ¶ 1), and Defendant,Norfolk Southern, a Virginia business corporation, is a citizen of Virginia with its principal office and nerve -' center located,at Three Commercial Place,Norfolk, Virginia. (Exhibit A,¶.2). As-:, the Virginia office is the place where Norfolk Southern's officers direct, control,. and coordinate the corporation's activities,Norfolk Southern is deemed a Virginia . citizen under the Supreme Court's decision of Hertz Corp. v. Friend, 559 U.S. 77, • 92-93 (2010). Amount in Controversy Exceeds $75,000 8. The allegations on the face of the complaint make it clear that the amount in controversy exceeds $75,000. 9. Plaintiffs claim that they have expended $152,524.01 to repair their property. (Exhibit A, 1120). 10. Plaintiffs also claim that an additional $50,000 will be necessary to complete all of the required and necessary repairs. (Exhibit A, ¶20). 3 Case 1:13-cv-02824-SHR Document 1 Filed 11/19/13 Page 4 of 7 11. Norfolk Southern denies the allegations in the Complaint. However, for purposes of this Notice of Removal only, taking those allegations on their face as true, it is clear that Plaintiffs assert claims exceeding $75,000. See Horton v. Liberty Mutual Ins. Co., 367 U.S. 348, 353 (1961) (The general federal rule is to decide the amount in controversy from the complaint itself.); see also Angus v. Shiley Inc., 989 F.2d 142, 145-146 (3d Cir. 1993) (Amount in controversy should be measured by a reasonable reading of the value of the rights being litigated.). 12. Given the complete diversity of the parties and an amount in controversy in-excess of$75,000, this Court has jurisdiction over the causes of action asserted.by Plaintiffs in the.State:Court:Action pursuant to 28 U.S.G:'§ _1332, and thus, this action is properly removable pursuant to 28 U.S.C. § 1441. Notice of Removal Is Timely •• 13. This notice of removal is timely filed. See 28 U.S.C. § 1446(b). 14. Receipt of Plaintiffs' complaint,rather than the Writ of Summons triggered the 30 day response period. Sikirica v. Nationwide Ins. Co., 416 F.3d 214 (3d Cir. 2005) (quoting Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 348 (1999) ("[T]ime to remove is triggered by receipt of the complaint, through service or otherwise, after and apart from service of the summons...") (internal citations omitted); Polanco v. Coneqtec Universal,474 F.Supp.2d 735, 737 (E.D. Pa. 2007) ("Where, as here, defendants are served with a summons and 4 Case 1:13-cv-02824-SHR Document 1 Filed 11/19/13 Page 5 of 7 the complaint is filed at a later date, the thirty day period commences from the time the defendants received a copy of the complaint."). 15. Norfolk Southern files this Notice of Removal within 30 days after being served with a copy of Plaintiffs' complaint on November 1, 2013. 16. Written notice of the filing of this Notice of Removal and a copy thereof will be promptly served on Plaintiffs' counsel,pursuant to 28 U.S.C. §1446(d). 17. Written notice of this Notice of Removal and a copy thereof, attached as,.Exhibit `:B," will also be filed with the Cumberland:County Court of Conithon Plefi.s,:pursuant to 28 U.S.C.-§1446(d). _ F y�, a 3.. ±;, �t; . 18: Because Plaintiffs and Defendant are completely diverse and the amount in controversy exceeds $75,000, exclusive of interests and costs, this Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1332. Therefore, Norfolk Southern is entitled to remove the action to this Court pursuant to 28 U.S.C. § 1441. 5 Case 1:13-cv-02824-SHR Document 1 Filed 11/19/13 Page 6 of 7 WHEREFORE, Norfolk Southern Railway Company requests this Court to confirm the removal, and further requests that this matter proceed with the United States District Court for the Middle District of Pennsylvania in all respects hereafter. Respectfully submitted, NAUMAN, SMITH, SHISSLER&HALL, LLP By: /S/Craig J. Staudenmaier, Esquire Craig J. Staudenmaier, Esquire F °s Supreme Court ID# 34996. . E-mail: cjstaud @nssh.com • Joshua D. Bonn, Esquire Supreme Court ID#93967.• jbonn @,nssh.com 200 North Third Street, 18`h Floor P. O. Box 840 Harrisburg, PA 17108-0840 Phone: 717-236-3010 Fax: 717-234-1925 Counsel for Norfolk Southern Railway Company,Defendant Date: November 19, 2013 6 Case 1:13-cv-02824-SHR Document 1 Filed 11/19/13 Page 7 of 7 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Jeffrey L. Walters and Beth A. Walters, • Plaintiffs, • No. 13-CV- v. • • Norfolk Southern Railway Company, • Filed Electronically Defendant. • CERTIFICATE OF SERVICE AND NOW, on the'date stated below, I, Craig J. Staudenmaier, Esquire;` ='r . of Nauman, Smith, Shissler&Hall,LLP;hereby certify that I this day served the foregoing Notice of Removal by electronic filing and by United States Mail, first . . • class, postage prepaid, at Harrisburg, Pennsylvania;addressed to the following:. .,.F Mark S. Silver, Esquire Mette, Evans & Woodside, P.C. 3401 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs NAUMAN, SMITH, SHISSLER& HALL, LLP By: /S/ Craig J. Staudenmaier Craig J. Staudenmaier, Esquire Supreme Court ID# 34996 E-mail: cjstaud @nssh.com Date: November 19, 2013 7 • Case 1:13-cv-0202 -SHR Document 1-1 Filed 11/471,3 f ,3 Pa 42013 rr tLEO-OF IcE OF THE PROTHONOTARY 213 NOV -1 141: -tl• t iBERL AND COUNTY PENNSYLVANIA • Mark S. Silver,Esquire Atty ID No.: 09825 Mette,Evans& Woodside,P.C. 3401 North Front Street Harrisburg,PA 17110-0950 Telephone: (717)232-5000 Facsimile: (717)236-1816 Attorney for Plaintiffs JEFFREY L. WALTERS and IN THE COURT OF COMMON PLEAS. r': BETH A. WALTERS,husband CUMBERLAND COUNTY,PENNSYLVANIA and wife, • Plaintiffs : No. 13-2092 Civil Term v. •• NORFOLK SOUTHERN RAILWAY : COMPANY, Defendant CIVIL ACTION—LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the • following pages,you must take action within twenty(20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. EXHIBIT • Case 1:13-cv-02 24-SHR Document 1-1 Filed 11/443 Page 2 of 17 • IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE.YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S.Bedford St. Carlisle,PA 17013 Telephone: (717)249-3166 Respectfully submitted, METTE,EVANS &WOODSIDE ' I 1 y' Mark S. Silver,Esquire I.D. No. 09825 3401 North Front Street Harrisburg,PA 17110-0950 (717)232-5000 Attorneys for Jeffrey L. Walters and Beth A. Walters,husband and wife,Plaintiffs Date: November 1, 2013 • 679558v1 Case 1:13-cv-02x82f1-SHR Document 1-1 Filed 11/1943 Page 3 of 17 • Mark S. Silver,Esquire Atty ED No.: 09825 Mette,Evans&Woodside,P.C. 3401 North Front Street . Harrisburg, PA 17110-0950 Telephone: (717)232-5000 Facsimile: (717)236-1816 Attorney for Plaintiffs JEFFREY L. WALTERS and : IN THE COURT OF COMMON PLEAS Y BETH A.WALTERS,husband : CUMBERLAND.COUNTY,PENNSYLVANIA and wife, : Plaintiffs : No. 13-2092.Civil Term v. • NORFOLK SOUTHERN RAILWAY : COMPANY, Defendant : CIVIL ACTION—LAW COMPLAINT AND NOW, come the Plaintiffs Jeffrey L. Walters and Beth A. Walters, husband and wife, by and through their attorneys Mette,Evans&Woodside,P.C., and file the within Complaint against Defendant Norfolk Southern Railway Company,upon a cause of action more fully set forth as follows: Case 1:13-cv-0282.-SHR . Document 1-1 Filed 11/1971,3 Page 4 of 17 • I. PARTIES 1. Plaintiffs Jeffrey L. Walters and Beth A.Walters("Walters")are married adult individuals who reside at 86 Greenwood Circle,Wormleysburg, Cumberland County, Pennsylvania 17043. • 2. Defendant Norfolk Southern Railway Company("NSRC") is a Virginia business corporation with its principal office located at Three Commercial Place,Norfolk,Virginia 23510-9242. Defendant NSRC is a business corporation registered to'conduct business in Pennsylvania,having an address for service of process in Pennsylvania at Corporation Service • Company("CSC"),2595 Interstate Drive, Suite 103,Harrisburg;Pennsylvania 17110. 3. Defendant NSRC conducts business in Pennsylvania and maintains a division headquarters at 4600 Deer Path Road,Harrisburg, Pennsylvania 17110. II. PROCEDURAL HISTORY 4. This civil action was commenced by the Plaintiffs when they filed a Praecipe for Writ of Summons with the Prothonotary of Cumberland County,Pennsylvania, on April 18, 2013, to Docket Number 13-2092 Civil Term. 5. Service of the Writ of Summons issued by the Prothonotary of Cumberland • County was effected upon Defendant NSRC by the deputized(by the Sheriff of Cumberland County, Pennsylvania) Sheriff of Dauphin County, Pennsylvania, on April 26, 2013,by personal • Case 1:13-cv-02p21-SHR Document 1-1 Filed 11/19/13 Page 5 of 17 • service at Defendant's registered address for service of process at CSC, 2595 Interstate Drive, Suite 103,Harrisburg,Pennsylvania 17110. III. JURISDICTION AND VENUE 6. This Court has jurisdiction of this matter pursuant to 42 Pa. C.S.A. § 931(a). 7. Venue is proper in the Cumberland County Court of Common Pleas pursuant to 42 Pa. C.S.A. § 931(c),because the subject property(of Plaintiffs) and all conduct as will be averred hereinafter by Defendant NSRC(acting by or through its agents, servants,workmen, ate •,, and/or employees while under its control, on its behalf;and within thescope of their duties and'-r" employment), is located and/or occurred in Cumberland County,Pennsylvania. IV. FACTUAL BACKGROUND 8. The date of the incident(diesel fuel spill) giving rise to the instant cause of action and claim for damages as set forth in detail hereinafter in this Complaint, is April 19, 2011. 9. Plaintiffs Walters, since July 19,2005, are the legal owners of the property the subject of this action,pursuant to their Deed dated July 19, 2005,recorded July 20,2005,in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania,in Book 269,Page 5018 ("Subject Property"). 10. The Plaintiffs' Subject Property,on April 19,2011, and thereafter, is situate at 99 Front Street,Township of East Pennsboro (formerly Borough of West Fairview),Enola, Case 1:13-cv-0482 -SHR Document 1-1 Filed 1140/13 Page 6 of 17 Cumberland County,Pennsylvania 17043,is comprised of a Susquehanna riverfront lot bounded on the East by the West bank of the Susquehanna River,on the West by Front Street, and is located at the foot and along the South side of the East terminus point of Market Street at the Susquehanna River. 11. Plaintiffs' Subject Property as of April 19, 2011,was improved with a two-story residential dwelling house with attached garage containing approximately 3,874 square feet of gross building area(approximately 3,024 square foot house; approximately 850 square foot • garage). _s. • 12. Plaintiffs' Subject Property's dwelling house;pas aforesaid(See: Paragraph 11, above), was comprised of four(4)bedrooms,two (2)full bathrooms, living room, dining room, kitchen, attached garage,balconies, and porch,with basement workspace/storage space on concrete floor adjacent to the garage. • 13. Commencing subsequent to their purchase of the Subject Property and continuing thereafter Plaintiffs leased the subject dwelling house for a monthly rent of$1,250.00,and the garage for a monthly rent of$850.00, or a total monthly rent in the amount of$2,100.00, or a gross annual revenue totaling approximately$25,200.00. 14. Defendant NSRC owns and maintains a right-of-way upon which railroad tracks are located which it also owns and maintains-with supporting real property ("tracks"or "Defendant's Property"),which is situate within, and extends through East Pennsboro Township (formerly Borough of West Fairview)in the vicinity of the West terminus of Market Street Case 1:13-cv-02j 24-SHR Document 1-1 Filed 11/19/33 Page 7 of 17 • where said Market Street intersects with Defendant's property at the top of the Market Street hill and to the West side of Route 11. 15. From Defendant's Property(at the West)extending to the East,to Plaintiffs' Subject Property at the foot of Market Street and the West bank of the Susquehanna River,the topography is a constant and continuous downhill grade from the high elevation of Defendant's Property to the low elevation terminating at the Subject Property and the Susquehanna River. 16. On or about April 19,2011,one of Defendant's maintenance crews, comprised of its agents,servants,workmen, and/or employees, while acting,on its behalf and on and about the), business of Defendant and under Defendant's supervision and:control and within the scope of employment,while performing assigned duties on Defendant's,aforesaid property, ("maintenance crew")carelessly and recklessly hit a fuel transfer switch while working on a rail- grinding car that caused diesel fuel to transfer from one tank to another tank that was already full,resulting in an overfill and spillage onto the ground,which was negligent, and that caused damage to the Susquehanna River and to Plaintiffs' Subject Property as will be detailed hereinafter. • 17. The careless,reckless, and negligent conduct of Defendant,by and through its maintenance crew as aforesaid, is comprised of the following: a. failing to take adequate precaution to assure that the fuel transfer switch would not be engaged to permit diesel fuel to be released from the railroad car while working on it; and • Case 1:13-cv-02824-SHR Document 1-1 Filed 11/1(9/1)3 Page 8 of 17 b. failing to consider and take pre-maintenance caution to assure in the event of a reasonably foreseeable transfer of diesel fuel from a tank on one railroad car to another,that the receiving tank would be capable of accepting a quantity of additional diesel fuel before a spill would occur; and c. failing to monitor and control the spill and the spread and distribution of the spilled diesel-fuel and to contain it on Defendant's Property before the. spilled diesel fuel transported to and caused damage to Plaintiffs' Subject Property; and d. Failing to take immediate remedial action to minimize and control the , spread and distribution of the spilled diesel fuel; and e. failing to timely report the spill to all necessary and required authorities, including but not limited to Pennsylvania Department of Environmental Protection("PA DEP"), Cumberland County HAZMAT,Dauphin County HAZMAT,East Pennsboro Fire Company,until at least two(2) if not three (3) days thereafter, which failure to timely report also exacerbated the damage both to the Susquehanna River and to Plaintiffs' Subject Property; and • Case 1:13-cv-02p24-SHR Document 14 Filed 114943 Page 9 of 17 f. failing to adequately instruct,train,and supervise its maintenance crew so as to avoid causing the very type of incident that occurred in this matter - and in the manner described above;and g. failing to adequately instruct,train,and supervise its maintenance crew so as to avoid causing the very type of incident that occurred in this matter as described above and the Plaintiffs' Subject Property to sustain damage and • Plaintiffs to suffer the losses and expenses of repair to their Subject ;:; Property as detailed hereinafter;and h.. failing to control and to mitigate the spill;the quantity of diesel fuel spilled;the transfer of the spilled fuel into and through the ground, drains, stormwater management system including inlets pipes, lines, catch basins, and manholes, and points of seepage and absorption into the ground both at the point of spill and throughout the stormwater management system as described; and failing to perform all of the above so as to protect and preserve Plaintiffs' Subject Property from damage; and i. causing the damages and losses to and at Plaintiffs' Subject Property as set forth below. 18. As a.direct and proximate result of the careless,reckless, and negligent conduct of Defendant and of Defendant's maintenance crew as aforesaid,Plaintiffs' Subject Property and their interests therein were and remain damaged in the following respects: Case 1:13-cv-02824-SHR Document 1-1 Filed 11/149/13 Page 10 of 17 • a. diesel fuel, as a result of the aforesaid spill,transported from Defendant's Property through the soil,inlets,drains,catch basins, stormwater pipe system,manholes,ground and groundwater to Plaintiffs' Subject Property and permeated,contaminated,and polluted the soil and ground rendering the house uninhabitable; and b. diesel fuel and its component molecules, as a result of the aforesaid spill, have been deposited into the ground,soil.and their intersticies at and about Plaintiffs'Subject Property that occurred•:as a,result of and immediately after the spill, and that continue to present in the form of oil"rainbow" slicks that appear in the Susquehanna River immediately proximate to and at the location of the Subject Property following rain and an increase of the groundwater and water table that rendered the house uninhabitable; and c. the penetrating and ever present odor of petroleum product at, about, and throughout the interior of the house situate at Plaintiffs' aforesaid Subject Property resulting from the diesel fuel spill both immediately after the spill, and continuing thereafter, some of which is reasonably believed to be a long term,permanent condition resulting from the spill,rendered the house uninhabitable and susceptible to explosion and fire, and thus - required a complete renovation including but not limited to removal of • • Case 1:13-cv-028241SHR Document 1-1 Filed 11/1p/1 Page 11 of 17 drywall,flooring and floor coverings,insulation,replacement of all doors and windows, and other building materials,and exterior repairs,without which the house would remain uninhabitable; and d. the unknown impact of the diesel fuel spill and its continuing aftermath, as aforesaid,on the saleability of the Subject Property and/or its eligibility for mortgage financing by a proposed lending institution to any prospective purchaser; and e. the unknown impact of the diesel fuel spill and its continuing aftermath, as aforesaid, on the tentantability of the Subject Property to Plaintiffs. 19. Plaintiffs, in their efforts to mitigate damages sustained and to seek to reasonably mitigate damages that may be sustained in the future due to the impact of the diesel fuel spill and its aftermath on the Subject Property,as aforesaid,determined not to claim their Subject Property a"total loss"at the then approximate fair market value of the improvement(house) only(without contributory value of land),of approximately$318,000.00,but rather,to repair it at a cost less than its pre-incident fair market value which would have been lost had the repairs not been undertaken. 20. Plaintiffs have determined to proceed to seek to repair and to put the house into habitable condition, as aforesaid, at a total cost to them,to date,of approximately$152,524.01, in addition to which it is reasonably believed based on information received an additional sum of approximately$50,000.00 will be necessary to complete all of the required and necessary repairs comprised of: insulation, drywall,trim and finish,painting, appliances,plumbing and electrical, Case 1:13-cv-02824 SHR Document 1-1 Filed 11/19/I? Page 12 of 17 to bring the total amount claimed herein,as a direct and proximate result of the careless, • reckless,and negligent conduct of Defendant as aforesaid to the total of$202,524.01. 21. The aforesaid total ($202,524.01)is a sum in excess of$115,475.00 less than the contributory fair market value of the house(only),had Plaintiffs claimed it a total loss;thus, Plaintiffs have mitigated the damages claimed herein by said amount($115,475.00). 22. By way of detail,the expenses incurred to date,totaling approximately $15.2,524.01,set forth above in Paragraph 19, incorporated herein by reference, are comprised, approximately, of the following: <. a. construction dumpster and waste hauling $ 1,965.00 b. general contractor;materials;labor $78,279.39 c. rent and security deposit refunds $ 1,700.00 d. engineering; consulting;plans $ 7,572.50 e. Township—permits; inspections $ 1,805.00 f. inspections (electric) $ 150.00 g. concrete and materials $ 2,383.66 h. materials—electric,plumbing, furnace, hot water heater,walls,floors, windows, • steel, roof,siding, gutters and downspouts $46,632.35 i. site work,demolition, concrete removal $ 4,321.23 j. tree trimming and repair $ 1,688.00 Case 1:13-cv-02$247-SHR Document 1-1 Filed 11/19/13 Page 13 of 17 23. The amount in controversy is in excess of the maximum limits requiring arbitration($50,000.00) in accordance with C.C.R.P.Rule 1301-1. 24. The careless,reckless, and negligent conduct of Defendant NSRC,as aforesaid, caused the Plaintiffs Walters' damages. 25. Defendant NSRC is liable and responsible in money damages to Plaintiffs Walters for all of the damages caused by and resulting from the careless,reckless, and negligent conduct ofDefendant NSRC, as aforesaid. 26. Plaintiffs Walters hereby claim in accordance with their duty to do so, mitigated =.damages relating to the cost and expense of repair to their Subject Property as a direct and proximate result of Defendant NSRC's conduct as aforesaid,rather than the loss of the fair market value of the same (house,only) which,without the repairs as asset forth herein being made,would be in the approximate amount of$318,000.00 (See: Para. 19, above). [THIS SPACE LEFT BLANK, INTENTIONALLY] Case 1:13-cv-02824)-SHR Document 1-1 Filed 11/1,S/I3 Page 14 of 17 WHEREFORE,Plaintiffs Jeffrey L. Walters and Beth A. Walters, husband and wife, demand damages and judgment in their favor against Defendant Norfolk Southern Railway Company as set forth above,being an amount in excess of Fifty-Thousand($50,000.00)Dollars, together with interest and/or delay damages, costs, and all other appropriate relief,a sum in excess of the limits requiring arbitration. Respectfully submitted, O E,EVANS& WOODSIDE,P.C. By: , Mark S. Silver,Esquire ID No.: 09825 3401 North Front Street Date: l—C - P.O. Box 5950 Harrisburg,PA 17110-0950 Attorneys for Jeffrey L. Walters and Beth A. Walters,husband and wife,Plaintiffs Case 1:13-cv-028241,SHR Document 1-1 Filed 11/19/1$ Page 15 of 17 VERIFICATION I, Jeffrey L.Walters,one of the Plaintiffs in the within action,verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. In making the verification,I am relying on my attorney's advice. The wording of this document is that of my attorneys and not my own. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,relating to unswom falsification to authorities. Jeffrey L. Nip Date: November 1,2013 Case 1:13-cv-02824-SHR Document 1-1 Filed 11/19/13 Page 16 of 17 VERIFICATION I,Beth A. Walters, one of the Plaintiffs in the within action,verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge,information and belief. In making the verification,I am relying on my attorney's advice. The wording of this document is that of my attorneys and not my own. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. (s/ )t' • Beth A. Walters Date: November 1,2013 ` •; Case 1:13-cv-02 241SHR Document 1-1 Filed 11/1n11 Page 17 of 17 JEFFREY L. WALTERS and : IN THE COURT OF COMMON PLEAS BETH A.WALTERS,husband : CUMBERLAND COUNTY,PENNSYLVANIA and wife, Plaintiffs : No. 13-2092 Civil Term v. NORFOLK SOUTHERN RAILWAY : COMPANY, Defendant : CIVIL ACTION—LAW CERTIFICATE OF SERVICE I,Mark S. Silver,Esquire, of Mette, Evans& Woodside, P.C.,do hereby certify that on this date I served the foregoing"Complaint",by having placed a true and correct copy of the same in the United States Mail, First Class, postage prepaid, deposited in Harrisburg, Pennsylvania, addressed to the following: Craig J. Staudenmaier, Esquire Nauman, Smith, Shissler&Hall,LLP 200 North Third Street, 18th Floor Harrisburg,PA 17101 Attorney for Norfolk Southern Railway Company,Defendant METTE,EVANS &WOODSIDE, P.C. By: ( Cth Mark S. Silver,Esquire I.D.No. 09825 3401 North Front Street Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Jeffrey L. Walters and Beth A. Walters, husband and wife, Plaintiffs Date: I - • Case 1:13-cv-02824-SHR Document 1-2 Filed 11/19/13 Page 1 of 1 • Attorneys At Laub "° Please reply to P.O.Box 840 Craig J.Staudenmaier,Esquire Harrisburg,PA 17108-0840 cjstaud @nssh.com November 19,2013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013-3387 Re: Jeffrey L.Walters and Beth A.Walters v. Norfolk Southern Railway Company C.C.P., Cumberland County,No. 13-2092 Civil Term NS# 11002636 NSSH#15573 Dear Sir/Madame:. Enclosed for filing are the original and two (2) copies of a Notice of Removal to•Federal' Court pursuant to 28 U.S.C. §§1441 and 1332. Please timestamp all,retaining the original for filing ' and forwarding the timestamped copies to the undersigned in the enclosed self-addressed,stamped envelope. Please note that pursuant to 28 U.S.C. §1446(d), the filing of this Notice of Removal terminates any further action within the Court of Common Pleas of Cumberland County and removes the action to the United States District Court for the Middle District of Pennsylvania. As required by federal law, a copy of the Notice of Removal and this letter are being provided to Plaintiffs' counsel,Mark S. Silver,Enquire. Sincerely yours, Craig J taudenmaier CJS/jai Enclosures cc: Mark S. Silver,Esquire,w/encs. EXHIBIT Superior analysis . Effective solutions . Since 1871 . Nauman Smith Shissler&Hall,LLP• 200 North 3rd Street, 18th Floor• Harrisburg,PA 17101 •717.236.3010•fax: 717.234.1925•www.nssh.com Case 1:13-cv-02824-SHR Document 1-3 Filed 11/19/13 Page 1 of 1 JS 44 (Rev.12/12) CWJL COVER SHEET The IS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law,except as provided by local rules of court This form,approved by the Judicial Conference of the United States in September 1974,is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I.(a) PLAINTIFFS DEFENDANTS Jeffrey L.Walters and Beth A.Walters Norfolk Southern Railway Company (b) County of Residence of First Listed Plaintiff Cumberland County.PA County of Residence of First Listed Defendant Norfolk,VA (EXCEPT IN U.S.PLAINTIFF CASES) (IN US PLAINT7FFCASES ONLI) NOTE: IN LAND CONDEMNATION CASES,USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (C) Attorneys(Firm Name,Address,and Telephone Number) Attorneys(If Known) Mark S.Silver,Esquire,Mette,Evans&Woodside,P.C. Craig J.Staudenmaier and Joshua D.Bonn,Equires,Nauman,Smith, 3401 North Front Street,Harrisburg,PA 17110 Shissler&Hall,LLP 200 North Third Street, 18th Floor,P.O.Box 840 Harrisburg PA, 17108 II. BASIS OF JURISDICTION(Placean"X"rnOneBcrr Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X"in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) O 1 U.S.Government 0 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S Government Not a Party) Citizen of This State EIC 1 0 1 Incorporated or Principal Place O 4 0 4 of Business In This State 0 2 U.S.Government 11 4 Diversity Citizen of Another State 0 2 O 2 Incorporated and Principal Place O 5 QS 5 Defendant (Indicate Citizenship of Parties in Irene III) of Business In Another State Citizen or Subject of a O 3 0 3 Foreign Nation O 6 0 6 Foreign Country IV. NATURE OF SUIT 'lace an."X"in One Box Only) � lt"-!; ` ST' 0 S= i,_ . '°l.. c),1K4'4: ! , #u�t�iati+ja7r�i.t,iJ:�: O 110 Insurance PERSONAL INJURY. PERSONAL INJURY 0 625 Drug Related Seizure _ 0 422 Appeal 28 USC 138 ID/375 False Claims Act 0 120 Marine 0 310 Airplane 0.365 Personal Injury- `ofProperty,2I USC 881 0 423 Withdrawal. . 0 400 State Reapportionment O 130 Miller Act 0 315 Airplane Product ProductiLiability 0 690 Other 28 USC 157 ' • 0 410 Antitrust' ! 0 140 Negotiable Instrument Liability Cl 367 Health Care/ , ••>-r 0 430 Banks and Banking ' 0 150 Recovery of Overpayment. O 320 Assault,Libel& Pharmaceutical • ' : 77 {©7U;W":el pia) ; O 450 Commerce , ' &Enforcement ofJudgment Slander PersonalIrijury •, 0.820 Copyrights 0460-Deportation O 151 Medicare Act 0 330 Federal Employers' Product Liability 0 830 Patent" ' - O 470 Racketeer Influenced and 0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal - 0 840 Trademark • Corrupt Organizations Student Loans O 340 Marine Injury Product O 480 Consumer Credit (Excludes Veterans) 0 345 Marine Product Liability t•* Fg t't4;TTY 1_` 1:;«` CIFXf,'A_t.Ct tlall CO s O 490 Cable/Sat TV 0 153 Recovery of Overpayment Liability PERSONAL PROPERTY O 710 Fair Labor Standards 0 861 HIA(1395ff) 0 850 Securities/Commodities/ of Veteran's Benefits O 350 Motor Vehicle O 370 Other Fraud Act O 862 Black Lung(923) Exchange • O 160 Stockholders'Suits 0 355 Motor Vehicle 0 371 Truth in Lending O 720 Labor/Management O 863 DI WC/DIW W(405(g)) 0 890 Other Statutory Actions 0 190 Other Contract Product Liability '31380.0 titer Personal Relations 0 864 SSID Title XVI 0 891 Agricultural Acts 0 195 Contract Product Liability 0 360 Other Personal • Property Damage 0 740 Railway Labor Act 0 865 RSI(405(g)) O 893 Environmental Matters O 196 Franchise Injury Cl 385 Property Damage 0 751 Family and Medical 0 895 Freedom of Information O 362 Personal Injury- Product Liability Leave Act Act Medical Mal ractice O 790 Other Labor Litigation 0 896 Arbitration r ..:>I;Y: 3 ilf:t©)s :nr5e,.:. .. .,,.11..- ,.ifitei= I. rot' P;111 r•IT'c;,lB ill ° `., 0 791 Employee Retirement 0 899 Administrative Procedure 0 210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: Income Security Act 0 870 Taxes(U.S.Plaintiff Act/Review or Appeal of 0 220 Foreclosure O 441 Voting 0 463 Alien Detainee or Defendant O 230 Rent Lease&Ejectment 0 442 Employment O 510 Motions to Vacate Defendant) Agency Decision 0 871 BLS Third Parry 0 950 Constitutionality of O 240 Torts to Land 0 443 Housing/ Sentence 26 USC 7609 State Statutes ID 245 Tort Product Liability Accommodations 0 530 General 0 290 All Other Real Property 0 445 Amer.w/Disabilities- 0 535 Death Penalty ..'/ttlIri i ..,ik s (:: Employment Other: 0 462 Naturalization Application O 446 Amer.w/Disabilities- 0 540 Mandamus&Other 0 465 Other Immigration Other 0 550 Civil Rights Actions 0 448 Education 0 555 Prison Condition O 560 Civil Detainee- Conditions of Confinement V. ORIGIN(Place an"X"in One Box Only) O 1 Original Jl 2 Removed from O 3 Remanded from O 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation (sPec059 Cite the U.S.Civil Statute under which you are filing(Do not cite jurisdictional statutes unless diversity): 28 U.S.C.§1332 VI. CAUSE OF ACTION Brief description of cause: . Alleged fuel spill caused property damage VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND$ CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23,F.RCv.P. JURY DEMAND: 0 Yes O No VIII. RELATED CASE(S) IF ANY (See instructions): JUDO DOCKET NUMBER DATE If ;TURE OF ATTORNEY OF RECORD Ti q (3r i.FOR OFFICE ji SE O Y lr RECEIPT II AMOUNT APPLYING IFP JUDGE MAG.JUDGE Case 1:13-cv-02824-SHR Document 2 Filed 11/19/13 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Jeffrey L.Walters and Beth A.Walters ) ) ) ) ) Plaintiff(s), ) ) v. ) Norfolk Southern Railway Company ) Civil Action No. 13-02-6000 • Defendant(s)/ • : •).; Third-Party Plaintiff(s), ) t r v. ) ) ) ) ) ) ) ) Third-Party Defendant(s). ) ) DISCLOSURE STATEMENT PURSUANT TO Fed.R. Civ.P.7.1 (Civil Action) Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure,Defendant (type of Party) who is Norfolk Southern Railway Company ,makes the following disclosure: (name of party) Page 1 of 2 Case 1:13-cv-02824-SHR Document 2 Filed 11/19/13 Page 2 of 2 1. Is the party a non-governmental corporate party? AYES DNO 2. If the answer to Number 1 is"yes,"list below any parent corporation or state that there is no such corporation: Norfolk Southern Corporation 3. If the answer to Number 1 is"yes,"list below any publicly-held corporation that owns 10%or more of the party's stock or state that there is no such corporation: N/A The undersigned party understands that under Rule 7.1 of the Federal Rules of Civil Procedure,it must promptly,file a supplemental statement upon any change in the information that this statement requires. S/Craig J.Staudenmaier,Esquire Signature of Counsel for Party Date: I t/I ct 1/3 Page 2 of 2 • 11/19/2013Judy Imes Activity in Case 1:13 cv 02824 SHR Walters et al v .W Page 1 From: <PAMDEfilingstat @pamd.uscourts.gov> To: <pamd_ecf_nef @pamd.uscourts.gov> BC Judy Imes Date: 11/19/2013 3:02 PM Subject: Activity in Case 1:13-cv-02824-SHR Walters et al v. Norfolk Southern Railway Company Disclosure Statement Pursuant To FRCP 7.1 (Parent Corporations) This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS***Judicial Conference of the United States policy permits attorneys of record and parties in a case(including pro se litigants)to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges,download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. United States District Court Middle District of Pennsylvania Notice of Electronic Filing The following transaction was entered on 11/19/2013 3:02 PM EST and filed on 11/19/2013 Case Name: Walters et al v. Norfolk Southern ; Railway Company Case Number: 1:13-cv-02824-SHR https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl?96502 a Filer: Norfolk Southern Railway Company ;.L Document Number: 2 Copy the URL address from the line below into the location bar of your Web browser to view the document: https://ecf.pamd.uscourts.gov/docl/15514433242?caseid=96502&de_seq_num=11&magic_num=133967 29 Docket Text: DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 filed by Norfolk Southern Railway Company identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Company. (pjr) 1:13-cv-02824-SHR Notice has been electronically mailed to: Craig J. Staudenmaier cjstaud @nssh.com, dgoconnell @nssh.com,jaimes @nssh.com, samay @nssh.com Joshua D. Bonn jbonn @nssh.com, klfarhat @nssh.com • 11/19/2013)Judy Imes Activ�m Case 1.13 cv-02824-SHR Walters:et al v. � Page 2 1:13-cv-02824-SHR Filer will deliver notice by other means to:: Mark S. Silver Law Offices of Joseph A. Klein, P.C. 100 Chestnut Street, Suite 210 P.O. Box 1152 Harrisburg, PA 17108-1152 The following document(s)are associated with this transaction: Document description: Main Document Original filename: n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1027698419 [Date=11/19/2013] [FileNumber=4056618-0] [7e28e83488d150d8b0181934539e351b7125858b6d5af56cd6a02c236e7054ed454c3d9adb212bbac665 08036399414de368f022608182eb57923082ef0233a9]]