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Home My WebLink About96-00448 , ~l -rJ i 3 fh <3 -;;'i 1 k; I ~\ ~ ....... ...."" \ \ .I / // ( ~ J , ()o -:r ::J. ~ ....r .; DOUGLAS, DOUGLAS & DOUGLAS ATTORNEYS AT LAW 27 W. MIOH 5TR~ET p, Q. 80X 281 WILLIAM Po DOUaLAS U GIORGE ,. DOUaLAS, m CARLISLE. PENNSYLVANIA 17013-0281 GEOROE ,. DOUOLA', JR. 18.1-.8.1 -,f,L.O ADMlnLD TO .......cne.: IN nOfillOA 'Clun'P'IIO .... ... CIVIL '..I..... ADVOCATE .., THe HA'IO"'AL aOAfilO 0' ""AI. ADYOCACY 1711114J-1780 'AX (717) .43.e..l. August 4,1997 I The Honorable Harold E, Sheely Fourth Floor Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: No, 1994 - 448 Civil Term Melvin Keefer v, Consolidated Rail Corporation Dear Judge Sheely: We received a call this afternoon from the office of Robert Peirce & Associates that this case settled July 29, 1997, We had been asked to hold off scheduling the arbitration hearing until after the deposition of the plaintiff July 25, 1997, Apparently, they settled the case after taking this deposition, The file is returned herewith. Respectfully, 33,'\ \ WPD:jml Enclosure CC: Robert N, Peirce, III, Esquire Craig J, Staudenmaier, Esquire Stephen L, Bloom, Esquire Craig A. Hatch, Esquire ~ ~ ...' , MELVIN KEEFER IN nlE COURT OF COIIMON PLIiAS OF Ct.'l'IBERLAND COUNTY, rENNSYLVANIA 448 CIVIL 19 96 NO. Plaintiff CONSOLIDATED RAIL CORPORATION Defendant RULE 1312-1, The Petition for Appointment of Arbitrators shall be substant~a11y in the following form: PETI':''ION FOR APPOUlTIIENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert N. Peirce. III . counsel for the plaintift/~~R~A in the above act inn (or actions), respectfull:' represents that: 1. The above-captioned action (or actions) is (are) ~t issue, 2. The claim of the plaintiff ln the action is S 25,000 The counterclaim of the dafendant in the acticn is The folloWing attorneys are ~nterested ~n the wise disqualified to sit as arbitrators: case(s) 33 counselor nre other- Craiq J. staudenmaier WHERErORE, your petitioner prays your Honorable Court to appoint th~ee (3) arbitrators to whom the case shall be subcittad, ORDER OF cau"" R~S~~C:fU1J SUbt1i~ //ff/}? ~~ AND NOW, '-.TUNL Id- foregoing petition, W, '11, 'Jet"" Esq" and CLPt"~ HAf~ , ~9~. i~ :onsi::~&tion of the ])(J/~t:IAS) Esq., 9LJ>J,u./ Aknn1"/ ,Esq., are appointed arbitrators in the . ;;.....-~ -:-:::: --- ..... .. abave-captioned action (or actions) as prayed :or. t-/c;;{j~. .L--- !::..t P. J. ~ )u- fj7 }\b-cU.L ...~(t L. . F1LEO-o:=ACE OF TI.t r-r)T!-:O\:OTARY 97 JUH 17 PH 2: 02 CUM8!.':I'L~J~O COU:'l1Y PEf\!r~~)'I1.\INJ!A ~ \D ~ ..... (ECiJ c... :i! c: l::' :.:: ~i 6; .. C' t7.;, : N e(~ -0 ~(: :x ~~ ~r.,:;' N ~~ .' ~ "'- N ;:;.! &" ..-.....,;.; .....-... '-' v REPORT I CDRDOCT CASE NUMBER 00-95-009686 . ~ . Allegheny County Prothonotary Civil Docket Report CASE 10 00-95-009686 Iu, 1(., 'I'lf ~ u_ CASE CAPTION FILINO DATE COURT LOCA ~ TYPE !!.Q!:! TYPE !l Keefer VB Conrail Corp PO FE 12-JUN-1995 00 ~ Party Name PLTF Keefer, Melvin O. PATY Coulter, Mark T DEFT Consolidated Rail Corporation, DATY Pion, John T SHER Sheriff - Allegheny County, Filinq Date 12-JUN-1995 12-JUN-1995 22-JUN-1995 21-JUL-1995 24-JUL-1995 09-AUO-1995 24-AUG-1995 28-AUG-1995 12-DEC-1995 09-JAN-1996 Docket Entry Interrogatories and request for production of documents directed to the defendant, Complaint Sheriff Return Complaint returned,served deft Consolidated Rail Corp. 6-20-95 Notice of Service of first set of interrogatories directed to pltf filed Praecipe for Appearance of John T Pion Esq Answer and New Matter Reply to New Matter Praecipe for Issue/Jury Trial 158669 Order of Court Dated 12/07/95. Cumberland Co is Ordered that Pltfs petition to Transfer Venue of this case to granted. McGowan J Case Transferred As per Order of Court dated 12/07/95. Case is transferred to cumberland County, PA McGowan, J. , :>- ..., ,"'.- lr' . ,.f <::> I,:; J-:-: tU!~' .. ..,.,........ - 0". - :, ) :~.: Io.;! '- . , 'of -~; . 9, ~::.! c, >- 0' r,! ~'1' , "I -. "", k:' "!;2 r", =..::. u, ',0 :;.;; C. ~I 0 J . . , fLo ') (., ,/ 'I f' ~~ "'J:L-...... tN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA Civil Division MELVIN G, KEEFER, Plaintiff, V5. No. GD95-9686 V \J q IS~ CONSOLIDATED RAIL CORPORATION, Dafendant, PETITION TO TRANSFER VENUE -1 OR. 'P ~R CODE: 005 - F,E,L.A, Filed on behalf of: Melvin G, Keefer, Plaintiff Counsel of record for This Party: MARK T. COULTER, ESQUIRE Pa. 1.0, 69586 ROBERT PEIRCE ANO ASSOCIATES Firm 1.0. 839 /) r: ...: ' I' ~.. . . 2500 Gulf Tower Pittsburgh, PA 15219-1912 (412) 281-7229 . , .,1 .-, _"~' i'.:t}:<) .... ".1 ,".. II. I (:,,:' '1- , 'w'" . J I,. .. .' 'Je. " ...... -'; L . _'. '",.,:1 ;I:.J . ' , .-, G . . . . ~.. '~ . . . . "4. ~ . IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA Civil Division MELVIN G. KEEFER, Plaintiff , VS, No, GD96-9686 CONSOLIDATED RAIL CORPORATION, Defendant, ORDER OF COURT AND NOW, this 711-- day of VJ9-t!-- , 1996, it is hereby ORDERED that Plaintiff's Petition to Transfer Venue of this case to Cumberland (...".r.1 is granted. BY THE COURT J, -- . ,.", -A' I hereby certify that a true end correct copy of the foregoing PETITION TO TRANSFER VENUE was served by first class mail, postage prepaid, this ;)., day of NoV~ I'N[) ICT'- CERTIFICATE OF SERVICE , 1995, upon the following: John T, Pion, Esquire Dickie, McCamey & Chilcote, P,C, Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 ROBERT PEIRCE AND ASSOCIATES By g ~ ....1. - ~ ~ '. IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY. PENNSYLVANIA Civil Division MELVIN G, KEEFER. Plaintiff . vs, No. GD95.9686 CONSOLIDATED RAIL CORPORATION. Defendant, PETITION TO TRANSFER VENUE AND NOW, comas tha plaintiff. by and through his undersigned counsel, and respectfully requests this Honorable Court allow plaintiff to transfer venue to Cumberland County, 1 , Plaintiff is a resident of Harrisburg, Pennsylvania and due to extenuating circumstances has found it difficult to travel to Allegheny County for the various proceedings related to his case, 2. The injury suffered by the plaintiff on December 4, 1993 had originally occurred in the Enola Yard in Cumberland County. Pennsylvania, all witnesses to the accident reside in Cumberland County and all medical treatment relating to the injuries suffered from the accident has taken place in, and around, Cumberland County, Therefore this case is more properly brought in that venue. --" . ~ ~ ,." 3, Plaintiff does not believe that the defendant would be unduly prejudiced by this transfer and therefore requests that this court grant plaintiff's request to transfer venue to Cumberland County, Respectfully submitted, MARK T, COULTER, ESQUIRE Counsel for Plaintiff IN THE COURT OF COMMON PlEAS OF AlLEGHENV UNTV. PENNSVLVAN~ '/ iJ ~ ~ MELVIN G, KEEFER, CIVIL DIVISION . Plaintiff, No, GD 95-9686 vs, Issue No, CONSOLIDATED RAIL CORPORATION, PRAECIPE FOR ISSUE Code: 005 Defendant, Filed on behalf of: Melvin G, Keefer, Plaintiff Counsel of Record for this Party: MARK T, COULTER, ESQUIRE Pa, I,D, No, 69586 L ROBERT PEIRCE AND ASSOCIATES Firm No, 839 2500 Gulf Tower Pittsburgh, PA 15219 (412) 281-7229 _..A: \ o~ -.,. '--.. . , r: __~' ....". IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA MELVIN G, KEEFER, Plaintiff, No. GD 95-9686 vs, CONSOLIDATED RAIL CORPORATION, Defendant, PRAECIPE FOR ISSUE TO: MICHAEL F. COYNE, PROTHONOTARY Kindly place the above-captioned case at issue, JURY TRIAL DEMANDED Respectfully submitted, ROBERT PEIRCE AND ASSOCIATES ,,------.'-. G-~ MARK T, COULTER, ESQUIRE Counsel for Plaintiff 2 /:- , ,. . _ 1.. I 1'.~ , '," I. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE FOR ISSUE was served by first class mail, postage prepaid, this d.L day of .aAA)~L:.1{j--. 1995, upon tho following: John T, Pion, Esquire Dickie, McCamey & Chilcota, P,C, Two PPG Place, Suite 400 Pittsburgh, PA 15222.5402 ROBERT PEIRCE AND ASSOCIATES BV~ , , . ;' ,~ '. MELVIN G, KEEFER, IN THE COURT OF COMMON P ~ OF ALLEGHENY COUNTY, PENNSYLVANIA ,/ / Plaintiff , / / / I vs, CONSOLIDATED RAIL CORPORATION, Defendan , . ;, " ~ ' ; - I -/ ., \ . " .: 8} " '" '';'. -, I' "~ iconvS6 CIVIL DIVISION No. GD 95-9686 Issue No, REPLY TO NEW MATTER Code: 005 Filed on behalf of: Melvin G, Keefer, Plaintiff Counsel of Record for this Party: MARK T, COULTER, ESQUIRE Pa, I,D, No, 69586 ROBERT PEIRCE AND AS Firm No, 839 2500 Gulf Tow Pittsburgh. 15219 41 -7229 '. ~ ~ IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA MELVIN G, KEEFER, Plaintiff , No. GD 96.9686 VB, CONSOLIDATED RAIL CORPORATION, Dafendant. REPL V TO NEW MATTER AND NOW, comes the plaintiff, by and through his undersigned counsel, and flies this Reply to New Matter of the defendant, and in support thereof, avers as follows: 11. To the extent thet any response is required, plaintiff incorporates the allegations of his Complaint, 1 2, The allegations of this paragraph state a conclusion of law to which no response is required, 13, The allegations of this paragraph are specifically denied in their entirety, To the contrary, at all times material hereto, plaintiff exercised due care and caution for his own safety and well being, and acted reasonably and properly at all times under the circumstances, 14, The allegations of this paragraph state a conclusion of law to which no response is required, 2 - '-.~~',",:,' \. -- ~ 16, The allegations of this paragraph state a conclusion of law ta which no response is required, 1 6. The allegations of this paragraph state a conclusion of law to which no response is raqulred, 17, The allegations of this paragraph stete a conclusion of law to which no response Is required. WHEREFORE, plaintiff respectfully requests this Honorable Court to enter judgment In favor of the plaintiff and against the defendant as more fully set forth In plaintiff's Complaint flied herein, Respectfully submitted, ROBERT PEIRCE AND ASSOCIATES ~'~ ~ARK~~L ?ER, ESQUIRE Counsel for Plaintiff 3 " 4 ...... ' '. ~ f"'. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of tha foregoing REPLY TO NEW MATTER was served by first class mail, postaga prepaid, this JLrtY\ day of r:tLur ' 1995, upon the following: John T, Pion, Esquire Dickie, McCamey & Chilcote, P,C, Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 ROBERT PEIRCE AND ASSOCIATES By , . IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA MELVIN G. KEEFER, Plaintiff, v, CONSOLIDATED RAIL CORPORATION, Defendant, NOTICE TO PLEAD TO: Plaintiff You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from the date of service hereof or a judgment may be entered against you, --- Esquire CIVIL DIVISION G,D, No, 95-9686 Issue No, ANSWER AND NEW MATTER Code: 005 'Filed on behalf of Defendant CONSOLIDATED RAIL CORPORATION Counsel of record for this party: ohn T, Pion, Esq. a, I.D, 1143675 D CKIE, McCAMEY & CHILCOTE, P.C, F rm 11067 T 0 PPG Place, Suite 400 P1ttsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED ~.~ i .. ... '''-, . '~~ . ,0 u, , ,0 -,: ::- c: G' , 0) .." :.;..:. r.' .. '.I;.: _ ~ ", cl' -.... -,"r: ~._. IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA Plaintiff, CIVIL DIVISION G,D, No, 95-9686 MELVIN G, KEEFER, vs. CONSOLIDATED RAIL CORPORATION, Defendant, ANSWER AND NEW MATTER AND NOW COMES Defendant CONSOLIDATED RAIL CORPORATION (hereinafter "Conrail"), by and through its attorneys Dickie, McCamey & Chilcote and John T. Pion. Esquire, and hereby files the within Answer and New Matter, and denies that it is indebted to the Plaintiff for any sum or sums and, in support thereof, avers as follows: 1, The averments of paragraph 1 are admitted, 2, The averments of paragraph 2 are admitted, 3, The averments of paragraph 3 are denied as they state legal conclusio~s, Alternatively, it is denied that Conrail is liable to the Plaintiff in any way and strict proof thereof is demanded, 4, The averments of paragraph 4 are admitted, 5, The averments of paragraph 5 are denied, It is denied that the Plaintiff was caused to suffer any injuries or damages during the course of his employment with Conrail, Accordingly, the averments of paragraph 5 are denied and strict proof thereof is demanded, 6, The averments of paragraph 6 are admitted, t, . , -'." 7. The averments of paragraph 7 are denied, It is denied that the Plaintiff was caused to suffer any injuries in the manner alleged and it is further denied that Plaintiff suffered any injuries, Accordingly, the averments of paragraph 7 are denied and strict proof thereof is demanded, 8 . The averments of paragraph 8 are denied, It is denied that the Plaintiff suffered severe injuries to the back and neck, as well as to the muscles, ligaments, tissues, tendons and nerves in various parts of the Plaintiff's body, and it is further denied that any injuries are serious or permanent in nature, Accordingly, the averments of paragraph 8 are denied and strict proof thereof is demanded, 9 , The averments of paragraph 9 are denied. It is denied that the Plaintiff was caused to suffer any injuries due to the conduct of Conrail and it is denied that Conrail was negligent in any respect, It is further denied that Conrail was negligent in failing to exercise ordinary reasonable care, failing to provide the Plaintiff with a safe place to work, failing to inspect or detect a dangerous condition, failing to follow established safety procedures, failing to properly train its personnel, failing to provide proper instructions, failing to warn the Plaintiff, failing to provide adequate supervision, or was in any way negligent under the circumstances then and there existing, On the contrary, at all times material hereto, Conrail met and/or exceeded its duty owed to the Plaintiff, Accordingly, the averments of paragraph 9 are denied and strict proof thereof is demanded, 2 ...... ....... , r:_,_ 10, The averments of paragraph 10 are denied. It is denied that conrail was negligent or that the conduct of Conrail caused the Plaintiff to suffer any injuries or damages. By way of further response, after reasonable investigation, conrail is without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein, Accordingly, the averments of paragraph 10 are denied and strict proof thereof is demanded, WHEREFORE, Defendant CONSOLIDATED RAIL CORPORATION demands judgment in its favor and against the Plaintiff, together with costs of suit, NEW MATTER 11, Conrail hereby incorporates by reference herein paragraphs 1 through 10 of its Answer as though fully set forth, 12. Conrail believes and, therefore, avers that the within matter is barred by the applicable statute of limitations, 13, If the Plaintiff was caused to suffer injuries as alleged, said injuries being denied, then said injuries were caused by Plaintiff's own contributory negligence, 14, Accordingly, Conrail hereby pleads Plaintiff's contributory negligence as a complete and/or partial bar to Plaintiff's recovery, 15, If the Plaintiff was caused to suffer damages as alleged, said damages being denied, then Conrail believes that Plaintiff has failed to mitigate his damages as required by law. 3 -... ...... . r: :_, ... 16, Accordingly, should plaintiff prove damages, said damages being denied, then said damages must be reduced in proportion to the degree in which Plaintiff has failed to so mitigate, 17, If the Plaintiff was caused to suffer injuries or damages as alleged, said injuries or damages being denied, then Conrail believes that said injuries or damages were caused by conditions and/or persons over which Conrail had no right and/or duty of control. WHEREFORE, as a result of the foregoing, Defendant CONSOLIDATED RAIL CORPORATION demands judgment in its favor and against the Plaintiff, together with costs of suit, Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE Pion, Esquire Attorn for Defendant CONSOLIDATED RAIL CORPORATION 4 , , . , --..-"t.,l.',,:'1II .. ,~ VERIFICATION I, Shelley Troup, Claim Agent of Consolidated Rail Corporation, have read the foregoing Answer and New Matter, The statements therein are correct to the best of my personal knowledge or information and belief, This statement and verification is made subject to the penalties of 18 Pa, C.S,A, ~ 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties, ~o Shelley Troup DATED: 1- '2.b _q& ,-J'- -t~:_:' " . 1 , ,. c_, -"";.).." ~ ,,' ~ CERTIFICATE OF SERVICE I, John T, Pion, Esquire, hereby certify that true and correct copies of the foregoing ANSWER AND NEW MATTER have been served this ~~ day of August, 1995, by U,S, first-class mail, postage prepaid, to the following counsel: MARK T. COULTER, ESQ, ROBERT PEIRCE AND ASSOCIATES 2500 Gulf Tower Pittsburgh, PA 15219 Attorney for Plaintiff DICKIE, McCAMEY & CHILCOTE, P,C. Pion, Esquire Attorn y for Defendant CONSOLIDATED RAIL CORPORATION . .~ '..........-p;..--.;; ~~ ~,..., , v. Issue No, IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA MELVIN G, KEEFER, CIVIL DIVISION Plaintiff, G,D, No, 95-9686 CONSOLIDATED RAIL CORPORATION, PRAECIPE FOR APPEARANCE Defendant, Code: 005 Filed on behalf of Defendant CONSOLIDATED RAIL CORPORATION Counsel of record for this party: John T. Pion, Esq, Pa, I.D, 1143675 DICKIE, McCAMEY & CHILCOTE, P.C, Firm 11067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED N\PtOH\11lMS1\PAAECIPENtP Ut21, 1~ ~~ IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA MELVIN G. KEEFER, ) CIVIL DIVISION ) Plaintiff, ) G.D, No, 95-9686 ) va, ) ) CONSOLIDATED RAIL CORPORATION, ) ) Defendant. ) PRAECIPE FOR APPEARANCE TO: MICHAEL F, COYNE, PROTHONOTARY KINDLY enter our appearance on behalf of Defendant CONSOLIDATED RAIL CORPORATION in the above-entitled action, A JURY TRIAL IS DEMANDED, DICKIE, MCCAMEY & CHILCOTE Pion, Esquire Attorne for Defendant CONSOLIDATED RAIL CORPORATION I 1 j 1 I J I , ; 1 ", ""'<- '0' . ~~ o . ..... . . ~~ .., ... .005 (2 _I CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that true and correct copies of the foregoing PRAECIPE FOR APPEARANCE have been served this 2.f!:.Lday of July, 1995, by U.S. first-class mail, postage prepaid, to the following counsel: MARK T. COULTER, ESQ. ROBERT PEIRCE AND ASSOCIATES 2500 Gulf Tower Pittsburgh, PA 15219 Attorney for Plaintiff DICKIE, McCAMEY & CHILCOTE, P.C. Esquire Attorney for Defendant CONSOLIDATED RAIL CORPORATION " ...-"" , 0 "" ~ ._.._----_.._._--~---~..._.__.- -....---- IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA MELVIN G. KEEFER, CIVIL DIVISION Plaintiff, G.D. No. 95-9686 v. Issue No. CONSOLIDATED RAIL CORPORATION, Defendant. ICE OF SERVICE OF THE FIRST T OF INTERROGATORIES DIRECTED PLAINTU'F Filed on behalf of Defendant CONSOLIDATED RAIL CORPORATION DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Code: 005 . Pion, Esq. 1. D. #43675 JURY TRIAL DEMANDED this party: h r:: "I: ~ ~;" !;.. :::.,!r:'. ~ -- ,..., t" :.~~_' ^.. ~., ."" ~:~ ...... <'> :-tI ":.. -.:: e::-'" ..... :,::', ..,.. -, ': " -.: ........ ".l '" "". " , N\PION\ttl48tViOTICESER ~Y2t. "'t~! -, ';... IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA MELVIN G. KEEFER, Plaintiff, vs. CONSOLIDATED RAIL CORPORATION, Defendant. CIVIL DIVISION G.D. No. 95-9686 NOTICE OF SERVICE OF THE FIRST SET OF INTERROGATORIES DIRECTED TO THE PLAINTIFF TO: MICHAEL F. COYNE, PROTHONOTARY were directed to the Kindly be advised that a First Set of Interrogatories copies on or about by service of an original and two 2/ 1'195 DICKIE, MCCAMEY & CHILCOTE ~\ - n T. Pion, Esquire Attorn y for Defendant CONSOLIDATED RAIL CORPORATION N \PION\t1841t\Nonce SER ..;; 2", '~I " .. . ~ CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that true and correct copies of the foregoing NOTICE OF SERVICE OF THE FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF have been served this ~I~day of July, 1995, by U.S. first-class mail, postage prepaid, to the following counsel: MARK T. COULTER, ESQ. ROBERT PEIRCE AND ASSOCIATES 2500 Gulf Tower Pittsburgh, PA 15219 Attorney for Plaintiff DICKIE, McCAMEY & CHILCOTE, P.C. Esquire Attorn for Defendant CONSOLIDATED RAIL CORPORATION ,~"--.,,., / ,"""' Q:;lP\~ ) ) ) ) ) ) ... NOTIC~; OF SUIT TO SHERIF Vou urO) hertlly notified lhllt UI D COMPLAINT hils bc~n I reinslnle) if ll,is t:lM' and 7j~quired 'cr tl slImo 011 or~ore lhe dllY or . 19 MICIlM:I, F, c~~;. I' 1'110' I'AHY /J. c;::/ ~#n ~ LLJ 9s:-ft; I} SHEIUFIo' ;'/ SUHCHAHGF - ./ .'J. 7.( MlLEAm~ .J'" .- ]?/n IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA Civil Division ,// MELVIN G. KEEFER, . / " I ("I..l Plaintiff, '.,11 ! -' / v. CONSOLlPATED RAIL CORPORATION, -:3' .. r'", c:-> .... / ~~'" CtlThndant. / 11..1 - -:(0 / - ~ 1--'<..> c -i N z>- / o:Z: N :Z:W -. 9 1-:<: 1L.. ot:J ., a:W a.. -' Ir) -' a> .q: ,i:r :!~::r cj" ~,.J' .,<:;:< ,/, _,,( ..;~ .'" ll. .~.- _. "./;, t,;....c_ 1/' ,L-' '~'I/ ' . S\iERIFf // - -- 1 . No. a. b'1S' - 4' "8" ,,> .</ t_ ....~.., ~~ v.,';. ~-I '.... .: ~ " "-,, Cu Code: 005 FELA .' )) -. ,- ~ Fiie!on Behalf of: ~":J Mel in G. Keefer, Plaintl'fJ Cou sel of Record for Thlsl Party: MA~K T. COULTER. ESQUIRE Pa. 'J.D. 69586 COMPLAINT ROBERT PEIRCE AND ASSOCIATES Firm I.D. 839 2500 Gulf Tower Pittsburgh, PA 15219 (412) 281-7229 , -JI, . , Oepuly: REPORT OF DEPUTY SHERIFF -__._0 ~.. How Served Dale and Time or ServIce Place Served Ir residence service, slale relaUanshlp or parly served 10 Ihe derendanl ATIEMPTS r- , ------ U served al place or buslne.., slale relaUanshlp or parly served 10 Ihe derendanl, and IIlndluldua,! d~endanl, errarls made 10 oel residence service PC, '-..I l.<' , I[RRY E UA~lnN ~n ,i.LEGHEtlY CO .!IICRlffS B(P"'~~IIL 'If II Y It" Dale or Reparl . , . "~'''',"''-''.. '..,:.,~....-,....'q..._,,,--'_...,.._-,,,... ~'. ,. - .....-. ~f , .- ,>< I I ~ q :~, i I' I I : . . . .."\.,.- . . '-j' ~ "~ , , . . .- . . . , , f joo. CASE # b01s' 1)(,86 EXPIRES l-\);-'lS o SUMMONS ..., .s: ~ NOTICE & COMPlAINT" ~ o PREACIPE o COMPlAINT ONLY ~1 o ADD, DEFT, ~ 2-,) : o REVIVAL/SCI FA ::J /" : o GARNISHEE ' o OTHER r.u IF 1/[(1)(-.) Tc~! /, ) , ,~.,','-' "'''':S:.__...,.:-,_':.,,-,','L'. t ~jAr (1\ PIAINTIFFJ:!F LllnJ (, I \i VS, ..-/i>EFT.U; ,ujcL[I)~1';_.) S ~DD, DEFT. GARNISHEE DIRECTIONS TO SHERIFF ~EF([ 11 . Sheriff 01 AUeghenv Countv: ~)'\Tl l(,'< fl,,{.1 7 I" ,.' ADDRESS .~I~ Ci),0Ri\ [ t. ;))TII" . 17f.)(\u1GjI , MUNICIPALITY WARD DATE: PHONE: (~,\ (lOr"", LllS Iltl,)),I- I'A j,Hi.e .21'" . . 19 _ ATrV: (/4;1\, 1. (C:uL T(.,\ ':' \c'. 2)-vt) Gl-'L ~ IUl..)r:;:;: , \ll"'n.~," ul7,ttl Pij . /.>2. 1'/ ""-'''''-' -~:"'i"'.;.<;:~;";:":,;~,;.:;..';>-~io..;-4;.o,.;':~~V",,J;;;"~>'~"-';"""""~" . .f"_"" "",~.." ".. : . . , , . -.-11-" . . ". .' . . -,' l flo , ' , i,J "', . "..,., ; , \ I 1.* '. . -" "J," t I t ~ 'l " I . I:, I I . ~ ........ '-. . SHERIFF FORM 1m 11....70 PRJ <<doll) SHERIFF'S RETURN 19 ~ AT :b', 0 S ~RVED THE w....) ~ C~N""'-.-Ol\ d,.cttcrt. e~ O:,~ ON lr :;:>0 WITHIN NAMED DEFENDANT(S) AT ~\\ ~'(\.au.t ~ 4~~ rro \l~De <<odd....' , PA., BY HANDING TO him, her, each of them, PERSONALLY AT his, her, their, its _J place of residence ~ place of business BY:1NDING true and attested copy(les) of the within Writ true and attested copy(ies) of Notice of Suit together with copy(les) of Complaint true and attested copy(ies) of Notice of Suit or Writ to Join Additional Defendant together with copy(ies) of Pleadings TO .. 0':' t,':' \i-J\~llit................................,............ .......................................................................... <<....... 01 penon .......) Ctlt.. or nlo'lonohlp) an adult member of the family with whom he, she, they, reside(s) an adult in charge of the residence of the defendant(s) he, she, being the person for the time being in charge thereof. MAKING KNOWN TO him, her, each of them, THE CONTENTS THEREOF. ~(XTu~(kJvJ C5V\ DepulV Shlrlff ,-' ., " iJmnJ ~'a'IEnlFF ;'. .. ... .,....... , .yt~ v .-JIll .I .. ..., ' ..,.--- IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA Civil DivisIon MELVIN G. KEEFER, Plaintiff, v. No, GD~) - ~b8b CONSOLIDATED RAIL CORPORATION, Defendant, INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO THE DEFENDANT Code: 005 FELA Filed on Behalf of: Melvin G, Keefer, Plaintiff Counsel of Record for This Party: RK T, COULTER, ESQUIRE Pa 1.0, 69586 BERT PEIRCE AND ASSOCIATES irm 1.0, 839/ 2500 Tower sburgh, PA 15219 (412) 281-7229 ~~. , ~ .' -- .' , IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA Civil Division MELVIN G. KEEFER, Plaintiff, v. No. CONSOLIDATED RAIL CORPORATION, Defendant. INTERROGATORIES and REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT Pursuant to the Discovery Provisions of the Rules of Civil Procedure, it is hereby demanded that you answer the following Interrogatories separatsly, fully, In writing, and under oath, and accompany your answers with all documents responsive to the requests for documents and materials herein, within thirty (30) days of the service hereof, If you file objections to any of the Interrogatories or Requests propounded herein, it is demanded that the Interrogatories not objected to be answered within the aforesaid period. . , . , . ~ .. -- ~ When used herein, the word "Defendant" and the word "you" shall be deemed synonymous and shall be deemed to Include any and all appropriate agents, servants, employees, attorneys and other representatives of the Dafendant. Additional copies of thesa Interrogatories have been served for your use In answering them. 1. State the name, addresses or last known whereabouts, telephone numbers and job titles (if any) of all persons (including parties to this action and eye- witnesses) known to you to have any knowledge of any facts, events, conditions or circumstances concerning, leading up to, surrounding, or following the incldent(s) and/or clalm(s) complained of, and/or any defense thereto claimed by the defendant. ANSWER: ~ ..~.- ~) ,..;-\ ~ - -' ~ ~ " ' ,.. . 2. As to each person named in Answer to Interrogetory No.1, state whather you have a statement, signed, adopted or approved by such person land whether you heve e stenogrephlc, mechanical, electrical or other recording or transcript of an oral statement of such person) and whether the statement Is In question and answer form or narrative form, whether the person giving the statement received a copy of It; whether the statement was slgnad and If not, by what method It was adopted or approved; when, where, by what method and by whom (Including their address) the statement was taken; and, pursuant to the Rules of Civil Procedure, please attach a true and correct copy of each such statement to your Answers to these Interrogatories. ANSWER: , . . . ... ~ .. ~ 3. State in detail how you contend that the incident complained of occurred, and how you contend that the InJurias alleged by the plaintiff were sustained. ANSWER: 4. State the name and present address of each person you expect to call as an expert witness at the litigation of this action and the datfl upon which the expert was initially consulted; the facts, including documentary evidence, such as reports. x-rays, photographs, computer print-outs, medical records, transcripts, etc., which were submitted for the individual's consideration prior to his/her expression of an opinion; the substance of each fact and opinion to which he/she is expected to testify; please summarize the facts and bases underlying each opinion; and, Pursuant to the Rules of Civil Procedure, please have each such expert affix his/her signature to the Answer to this Interrogatory or, in the alternative, attach to your Answers to these Interrogatories a report signed by each such expert, incorporating the information requested in this interrogatory, ANSWER: , ' . . . .. . ~ ~ 5. Except for those persons named in Interrogatory No, 5, state the name and present address of any person who has been retained, employed or consulted by you as an expert in connection with the claim in this action or any defense to the claim in this action and whether such person conducted any examination, inspection or testing at the scene of the Incident or In connection with the incident, on behalf of any Defendant In this action, and If so, please state the name and address, employer and job title, position or capacity of each such expert and the dates, nature and results of each such examination, inspection or testing. ANSWER: . ~ 1 ~ . . . a.State the name, addrass, employer and job title for each person you Intend to call as a witness at the trial of this matter. ANSWER: ~ . " ~ 7. Stata whether you have any photographs, films or video, charts, graphs, recordings, books or other tangible things relating to the claim In this action or to any defense to the said claim and describe the nature of each such tangible thing including what Information It contains or what it portrays; Its title, author, and date of publication (if applicable); when, where and by whom It was taken, filmed, taped, written or published; the name and address of the person or party who had or has possession of it, and pursuant to the Rules of Civil Procedure, please attach a true and correct copy of any such photograph, film, video or tangible thing to your Answers to these Interrogatories. ANSWER: ~ .. ~ , 8. State whether you have any insurance or indemnity coverage or agreement which may be liable to satisfy part or all of the judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy a judgment and If so, please state the name and address of each insurance company or entity providing such coverage, the amount of such coverage, and pursuant to the Rules of Civil Procedure, please attach a true and correct copy of applicable policies to your Answers to these Interrogatories. ANSWER: 9. State whether any representatives of you or your insurer have conducted any Investigation on your behalf relating to the claim in this action or any defense to said claim and if so, please state the name, address, employer and job title, position and capacity of each such person; whether they have had any contact with you concerning the claim in this action or any defense to said claim; whether they have prepared any notes, memoranda, or summaries in connection with any such investigation, and if so, please attach a true and correct copy of any such notes, memoranda, or summaries to your Answers to these Interrogatories, pursuant to the Rules of Civil Procedure, ANSWER: . II . fI\ ... t. . ~ 10. State whether you have obtained from any source, Including any national Indexing service or system, the Cleveland Index Bureau, any credit reporting service or system. any computerized or other Informational report service or system, personnel, employment or medical records, and/or any insurance carrier, any Information pertaining to the injured Plaintiff, Plaintiff's condition of health before or after the date of the incident complained of, and/or Plaintiff's activities before or after the date of the incident complained of and if so, state the nature of the Information received; from whom the information was received; by whom the information was requested and when it was received; the name and address of the person or party who has possession ot the information; and please attach a true and correct copy of any such written information to your Answors to these Interrogatories, pursuant to the Rules of Civil Procedure. ANSWER: ,. .- w- ~ ..... . ~ . ,. . 11. State whether you or enyone on your behalf has conducted eny Investigation of the injured Plaintiff, the Plaintiff's condition of health before or after the date of the Incident complained of, and/or the Plaintiff's activities before or after the date of the incident complained of and If so, the name of each person or entity who requested, conducted or received such investigation; when each such Investigation was requested or completed; whether any such Investigation resulted In the production of any written reports, notes, memoranda, summaries or other writings; and, if so, please attach a true and correct copy of any such written reports, notes. memoranda, summaries or other writings to your Answers to these Interrogatories, pursuant to the Rules of Civil Procedure. ANSWER: '-- . ., . . ., . f"II\ ~ 12. State whether you have the original or a copy of any accident/Incident reports prepared by Plaintiff, by any witness to the Incident, or by any other person, pertaining to the Incident which is the subject of the Complaint, end If so, please the name and address of the person or entity making the report; the date of the report; the company form number, if applicable; whether anyone other than the Defendant received a copy of any such report and their name, address or last known whereabouts, employer, job title position or capacity of any such persons who received such a report: which reports they received and the reasons they received such reports; and please attach a true and correct copy of any such written reports to your Answers to these Interrogatories, pursuant to the Rules of Civil Procedure. ANSWER: , . ,. . ...., I ~ ~ 13. List specifically all statutes and/or ordinances upon which you will rely at the time of trial. ANSWER: . . ,t . . ~ ~ 14. Kindly state whether any investigation was made or whether any reports, letters, or other documents were submitted to or received from the Federal Railroad Administration, the Interstate Commerce Commission, the Occupational Safety and Health Administration or any other Federal or State regulatory or administrative body after the accident, and If so, kindly state the purpose for such Inspection or investigation, the date and time of said inspection or investigation, by whom It was conducted, and the results of any such inspection, and whether any warnings, citations or violations were issued thereafter. ANSWER: , . '" ..... \ ' . It . . . , ~ fI\ 1 5. List all statutes or ordinances upon which you intend to rely at the time of trial, or which you contend are relevant to the actions of the plaintiff or any other employee, agent or servant of this defendant. ANSWER: e . .. . "'" ~ 16. State whether any hearings, disciplinary notices, disciplinary charges, safety meetings, safety counseling sessions or other meetings were held by this defendant or Its agents or representatives regarding any violations, rule Infractions, unsafe practices, or other activities alleged to have been conducted by the plaintiff or any other individual In connection with the Incident In suit? If so, state the date, time and place of such hearing, the reason for the hearing, and whether a transcript is available of the hearing proceedings. ANSWER: o . " . " , ~ -- 17. Describe eny end ell orel or written Instructions, warnings or orders Issued or mede avalleble by this defendent to the plaintiff, any other Individual Involved In tha Incident in suit, or eny other employee of the defendant engaged in the activities being performed by the plaintiff and his coworkers which were Involved In the incident In suit, Including the name, address and title of the person giving such Instructions, the name, address and job title of all individuals to whom such Instructions were given, and attach any documents which evidence the giving or contents of such Instructions, ANSWER: 18. Does this defendant or any of its representatives or agents maintain a safety rule book, rules of conduct book, operating rule book or other compilation of operating and/or safety rules concerning the procedures, requirements, rules or Instructions concerning the activities in which the plaintiff and his coworkers involved In the incident in suit were engaged? If so, describe same, state the manner in which this Information was conveyed or available to the plaintiff, and produce a copy of all such materials to your answers, ANSWER: o , j. I ~ ~ 19. State the extent of any investigation or search conducted by this defendant prior to the Incident in suit to learn or discover what tools, machines, devices, methods, procedures, rules, regulations or protocol were available, and/or were needed, and/or were applied to allow the plaintiff to perform his work duties at the time of the injury in suit in a safe environment and prevent the kind or type of incident and injury complained of in the suit, and attach a copy of any documents regarding same to your answers. ANSWER: '. j,. ....... !',~\ , 0 t .' . ~ ~ 20. Kindly produce a complete copy of your personnel fila, personal file, service record, medical file, payroll records (Including any computer data records maintained regarding the plaintiff), time cerds or time sheets, and discipline file regarding the plaintiff for his entire period of employment. ANSWER: , II , ., , ~ -- 21. Is this defendant aware of any prior accidents which occurred at any time from ten years prior to the incident In suit, up to and including the present, which involved a worker being Injured In a manner similar to the plaintiff herein, specifically any Involving any alleged violation of blue flag procedures? If so, state the details of any such incidents, Including the name and address of any person alleging injury therefrom, the manner In which any such incident occurred, any documents which exist which evidence the occurrence of the incident or the making of a complaint or any action taken thereon. ANSWER: . .. t I ~ . ,I I ~ 22. Stata whether tha defendant Is aware of any other accidents or Injuries in which the plaintiff was involved, whether during the course and scope of his employment with this defendant or not, If so, state the approximate date upon which such accident or Injury Is alleged to have occurred. the manner In which such accident Is alleged to have occurred, and describe any documents which this defendant may have which pertain or relate to any such accidents or incidents. ANSWER: . . I . . , fII\ ~ 23. Please produce a complete copy of any and all medical records, madlcal reports, medical bills, madlcal notes, nurses' notes, or any other document regarding or relating to the plaintiff's physical or mental condition at any time, Including, though not limited to, his general medical file and any matarlals assembled following the Incldant In suit. ANSWER: 24. Kindly describe whether you contend that the plaintiff was instructed to perform the work in which he was engaged at the time of the Incident in suit In a particular manner? If so, state the contents of any such Instructions, by whom they were issued, and when. ANSWER: ; o . ., . , ~ -- 25. Describe eny customs or generel prectices in the industry end/or by your employees, servents or egents when engaged in the type of work In which the plelntlff wes engaged at the time of the incident in suit. ANSWER: 26. Old this defendent et any time consider the promulgation of any rules, requirements, or formal instructions regarding the manner in which the activities in which the plaintiff and his co-workers were engaged at the time of the incident In suit were to be conducted. If so, state the details of any such consideration made by this defendant, including the name, address and job title of any or all individuals considering such proposals, any documents which exist regarding these matters, and the outcome or conclusion of any such consideration, including the text of any rules, requirements or formal instructions promulgated. ANSWER: , i." -' . . I , ., , ~ -- 27. Does this defendant contend that the plaintiff violated any rules, regulations or established safety practices of this defendant or engaged in any unsafe practices at the time of the incident In suit? If so, describe in full any asserted violation, the standard which the plaintiff was allegedly in violation of, the manner in which any such standards were provided or made available to the plaintiff, and any and all actions taken by this defendant In response to the alleged violation. ANSWER: , ' " -... . . . I , . .. t ~ ~ 28. Describe this defendant's general practice regarding the enforcement of its safety rules, safety regulations, and general instructions for performing the tasks requested of an employee. This description should include, without limitation, any standards for conducting Investigations, Initiating proceedings, holding any hearings, or determining whether or not any violations or unsafe practices have In fact occurred. ANSWER: 29. State the reasons why no disciplinary charges or proceedings were initiated against the plaintiff. ANSWER: ., o .......\ .. . .. . . -. , ~ ~ 30. During what years has the defendant and/or Its employees been a member of the Association of American Railroads. ANSWER: 31.ldentlfy ell employees or agents of the defendant who pertlcipated In the activities of the Association of American Railroads within the last 10 years. ANSWER: 32. Is the defendant aware of any studies, reports, seminars, specifications, or other information available from or through the Association of American Railroads (or any other private or public organization or entity, such as NIOSH, BOCA, OSHA, FRA, ICC, ANSI or any other entity) which discuss In any way the activities of the plaintiff and his coworkers Involved at the time of the Incident in suit? If so, please describe this defendant's understanding of any such materials, and produce a copy of same. If not, please state any investigation or inquiry undertaken by this defendant at any time to determine ths applicability or availability of any such Information. ANSWER: . . ~ \ . I. . . , ... 1-., 1"""'\ 33. Produce e copy of any sketches, diagrams, mags, track maps, blueprints, catalogues, engineering diagrams or other visual depiction of the tools and equipment Involved In the Incident in suit and the area of the plaintiffs Injury. ANSWER: 34.Describe any pre-incident or post-Incident Inspections by the defendant of the area of plaintiffs injury or the equipment involved therein, identify all individuals conducting or recording such inspections, and attach any documents regarding same to your answers. ANSWER: c... ,. . ,- ~ .. ...-! ~ 35. State all days and times which your records reflect the plaintiff having not worked in the period extending from two years prior to the Incident In suit through to the present, indicating the specific date(s), the plaintiff's rate of pay at each such date, and if the plaintiff was paid wages despite his absence on each or any such date. ANSWER: 36. Describe any and all fringe benefits, bonuses, pension or retirement contributions, vacation credits, retirement credits, disability premiums or credits, sickness premiums or credits or time, and any other benefits for which the plaintiff was eligible to be paid by or on behalf or you, or which the plaintiff was otherwise entitlsd to receive as a result of employment with you, from two years prior to the incident in suit through to the present, ANSWER: " . . <II . .. A .. ,t.., ~ 37. Does this defendant contend that the incident In suit happened in any manner other than as alleged by the plaintiff, and/or that the plaintiff's Injuries are the result of any event or serias of events (including aging) other than the Incidents in sult7 If so, state all persons with information supporting such a contention, describe the knowledge, opinions or beliefs held thereby, and produce any documents allegedly supporting or relating to such a contention. ..~', '.' ,~ . .. I 1""\ . . I . 38. State any and all facts not set forth above which are relevant to your Affirmative Defenses In response to the complaint filed in this case, and Identify all witnesses with Information regarding such facts and defenses, and produce copies of any documents relevant to such facts and/or defenses. ANSWER: _J. w JI know of the existence of any report, correspondence, contract, invoice or other document or writing not previously produced, describe all such materials, and identify the custodian of same. ANSWER: Plaintiff demands you reasonably supplement your Answers to these Interrogatories to include information acquired subsequent to the date of these Answers, as provided by the Rules of Civil Procedure. Respectfully submitted, ROBERT PEIRC ,~ " " ) ./ -_./ By: ~ MARK T. OUL TER, ESQUIRE Counsel for Plaintiff AS TO ANSWERS: By: IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA MELVIN G, KEEFER, v, Plaintiff , Civil Division CONSOLIDATED RAIL CORPORATION, J Defendant. / 1 No.OCH.s-- qG:.,'g(.,. COMPLAINT Code: 005 FELA Filed on Behalf of: Melvin G, Keefer. Plaintiff Counsel of Record for This Party: MARK T. COULTER, ESQUIRE Pa. I.D, 69586 ROBERT PEIRCE AND ASSOCIATES Firm I.D. 839 2500 Gulf Tower Pittsburgh, PA 15219 (412) 281-7229 , ....- '... - ~ , .t:~ . " . j'" t., fII\ "... . NOTICR TO DBPZND 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 were served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or- objections to the claims set forth against you. You are warned that if you failed to do so, the case may proceed without you and a, judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAltE THIS PAPER TO YOUR LAWYER AT' ONCE. II' YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELBPHOHB THE OPPICE SBT PORTH BBLOW TO PIND OOT WHERE YOU CAN GBT LBGAL HELP I ALLEGHENY COUNTY: LAWYER REPERRAL SERVICB ALLEGHBNY comrrr BAR ASSOCIATION 920 CITY-COUNTY BUILDXNG PITTSBURGH, PA 15219 TELEPHONE I 412-261-0518 ~ "" IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA Civil Division MELVIN G. KEEFER, Plaintiff, v. No, CONSOLIDATED RAIL CORPORATION, Defendant. COMPLAINT PARTIES 1. Plaintiff, Melvin G, Ksefer, is an individual residing at P,O. Box 172, Marshalville, OH 44645, 2. Defendant, Consolidated Rail Corporation, is a common carrier by rail in Pennsylvania and adjacent states with an office therein, as well as one at 311 Conrail Building, 425 Holiday Drive, Pittsburgh, PA 15220-2791, 2 '" .,'\ f"'Il\ t"'\ 3. Defendant Is Iieble to plaintiff es his employer under the Federel Employer's Liebillty Act. JURISDICTION 4. At all times relevant hereto, the defendant was a common carrier of freight for hire and by rail engaged In interstate commerce or In activities having a close or substantial effect on interstate commerce, 5. At all times relevant hereto, the injuries and damages sustained by the plaintiff as hereinafter set out were sustained while plaintiff was engaged in the course of his employment duties, and in furtherance of interstate commerce and directly or closely and substantially effecting such commerce. 6, Jurisdiction is conferred upon this Court by the Federal Employer's Liability Act, 45 U.S.C, 51 et seq. SUMMARY OF ACTION 7. While working for defendant railroad, engaged in the course and performance of activities in furtherance of interstate commercs, on or about December 4, 1993, plaintiff was knocked to the floor of the car he was on as a locomotive struck the car in attempting to couple with it. S, Plaintiff suffered severe injuries to the back and neck as well as the muscles, 3 ~ "... Iigamants, tissues, tendons and nerves, in and about and extending from these various portions of the plaintiff's body, as result of the accident; all of which ara or maybe serious and permanent in nature, 9. Plaintiff's Injuries were caused, in whole or in part, by the negligance of the defendant, Consolidated Rail Corporation, by and through its agents and employees, in failing to exercise ordinary and reasonable care to provide the plaintiff with a reasonably safe placs to work; by failing to inspect for and detect the dangerous conditions upon which the plaintiff was injured; in failing to follow established safety procedures; in failing to properly train personnel in the operation of locomotives; by failing to provide proper instruction to personnel involved in the coupling; in failing to warn the plaintiff of the dangerous condition; in failing to provide adequate supervision of work environment; in being otherwise negligent under the circumstances, 10. As a direct and proximats result of the negligence of the defendant as hereinabove set forth, the plaintiff has in the past experienced and endured, and may for an indefinite time in the future, experience and endure suffering; inconvenisncs; annoyance; irritation; impairment of the movement of various parts of his body; the loss of the ability to engage in his usual activities and occupation; the impairment of his earnings and earning capacity; the impairment of his general health. strength and vitality; and, ths loss of his ability to snjoy the various pleasure of life, 4 ~ o ~ WHEREFORE, plaintiff, Melvin G. Keefer, demands judgment In his favor and against the defendant, Consolidated Rail Corporation, in an amount in excess of Twenty-five Thousand Dollars ($25,000), plus costs of suit, to recover which this suit Is brought. A JURY TRIAL IS DEMANDED. 5 Respectfully submitted, ROBERT PEIRCE & ASSOCIATES r~ By: --......... MARK T. COULTER, ESQ, 2500 Gulf Tower Pittsburgh, PA 15219-1912 (412) 281-7229 Counsel for Plaintiff foreqoinq I verify that C?P'{\, ,0. ,~.--.., o VERIFICATION the averments "-'''''''',1 of fact made in this are true and correct and based on my personal knowledqe, information or belief. I understand that averments of fact in said document are made subject to the penalties of 18 Pa. C.S. 54904, relatinq to unsworn falsifications to authorities. ';/31 ;'r;, Dated 7*i~ dJ-;L~ SIGNATURE --~".r:-_. .. " . , i, J ; ~I~ j.. 4~ I Iff I... q:: - 1'0 .,., C'- 1)-0 .J Q i';; ..., 0- CJ I .~ ., pj I- . UI~-! -- ,. ( )..... .., (.-1. ~ L.:l. , ~,~., ,. CO' . c;.' '" , , lll- ...J1, .' , , '1 u: 0" :. I u.. .- '!';, t:.. \J' i..5 c' '-' . J ,".; ~ I C}. 1"\ ' J~~ f': J l ~ '\1 ~"'~ ~ ~ <.J MELVIN G. KEEFER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 96-448 CIVIL DIVISION/LAW CONSOLIDATED RAIL CORPORATION, DEFENDANT PRAECIPE FOR ENTRY OF APPEARANCE TOI THE PROTHONOTARY, SIR: Please enter the apperance of David C. Eaton, Esquire, and Craig J, Staudenmaier, Esquire of the law firm of Nauman, Smith, Shissler & Hall, as counsel on behalf of Consolidated Rail Corporation, the Defendant in the above matter, NAUMAN, SMITH, SHISSLER AND HALL f ?-(. by, bW David Eaton Supreme Court ID# 07169 Craig J, Staudenmaier, Esquire Supreme Court ID #34996 200 N. Third Street, 18th Floor P,O, Box 840 Harrisburg, PA 17108-0840 Telephone: 717/236-3010 Counsel for: Defendant, consolidated Rail Corporation Date: February 13, 1996 .. .. . MELVIN G. KEEFER, PLAINTIFF V. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. I I CIVIL DIVISION/LAW I I CONSOLIDATED RAIL CORPORATION, DEPENDANT CERTIPICATE OP SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served upon the following by U.S, Mail, first class, postage prepaid, at Harrisburg, Pennsylvania. Mark T. Coulter, Esquire Robert Pierce & Associates 2500 Gulf Tower Pittsburgh, PA 15219 Counsel for Plaintiff J. Lawson Johnston, Esquire Dickey, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (, -::\, r v)o-.i.,._ ,.J., . ~v'r-t:, I "~;;,- Linda D. Walterick, Secretary to David C. Eaton, Esquire Dated: February 13, 1996 "". In '- f,,: . L....... 1-:': 1,':";- C,-;, ../.... C'l IlJ_:,. " .! (") ~:- :_J:~~ r~ ~.'~ I'. r: - l.c.. .:~ ;1 ~;~-~ .- , ~ U4'''' ..;J:;"; f~~ ~ C:.j ! i ~J L1.: :L~~ I ., L.... H~ v., ,.' 1...:. ..,-, u LAW O~~ICES NAtrl'lAN. l!il'IITII. thllNNLllUI 81 II.\oLL 200 NORTH T"'~f!T P. 0, BOA 8040 HARRISBURG. PENNSYLVANIA 1710e~0840 . MELVIN G, KEEFER, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 448 Civil 1996 CONSOLIDATED RAIL CORPORATION, DEFENDANT CIVIL ACTION . LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 11th day of April, 1996, I, Barbara A. Grell, Paralegal, of the firm Nauman, Smith, Shissler and Hall, hereby certify that I this day served "Consolidated Rail Corporation's Answers to Plaintiffs Interrogatories and Request for Production of Documents" by placing a copy of the same in the United States mail, first class, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Mark T. Coulter, Esquire ROBERT PIERCE AND ASSOCIATES 2500 Gulf Tower Pittsburgh, PA 15219 NAUMAN, SMITH, SHISSLER & HALL "7 '/ / J BY: /rl (/YM li.)'1I t' /-'- Barbara A, Grell Paralegal 200 North Third Street P,O, Box 840 Harrisburg, PA 17108 (717) 236-3010 i i '=J I I ~ , : c , f.'. to. i l' r ".' " U' - 'j [ , ., " -""... f; I " -,.,.. ~~ MELVIN G. KEEFER I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I ~ I NO. 96-448 CIVIL TERM I I CIVIL ACTION - LAW V. CONSOLIDATED RAIL CORPORATION ORDER OF COURT AND NOW, AUGUST 5, 1997, the Court having been informed that the parties have reached a settlement, the Board of Arbitrators previously appointed is hereby vacated. The Chairman shall be paid the sum of $50.00. By the Court, -Jc \~. William Douglas, Esquire Chairman H rold E. Sheely, P.J. CrJ"(J ~(A.. ~;/!i/q'l, ~.~ Court Administrator :sld , I .~,..... ~ '- L: ~ f.~ " I.Ll ~ ~ ) , 0' ) G:~ t......! ....;... " Q: . . ~.., " 0' , u..... ~i. I ti:: C'~ ,. - F -' '-- "" IL r- ~j U a- U ;""0....,.,.. ,c:... ..'~ '. - vs. No. 448 Civil 1996 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division MELVIN G. KEEFER Plaintiffs, CONSOLIDATED RAIL CORPORATION Defendants. PRAECIPE TO SETTLE AND DISCONTINUE Filed on behalf of: Melvin G. Keefer, Plaintiff Counsel of record for this party: ROBERT N, PEIRCE, III, ESQUIRE Pa, 1.0. 76130 ROBERT PEIRCE AND ASSOCIATES Firm 1.0. 839 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1912 (412) 281-7229 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA MELVIN G, KEEFER, Plaintiff, va, No, 44B Civil 1996 CONSOLIDATED RAIL CORPORATION, Dafendant, PRAECIPE TO SETTLE AND DISCONTINUE TO: THE PROTHONOTARY SIR: Pleasa seule and discontinue the above.captloned ca~)'"d mark It off th~?Cket, or satisfy Verdict, Award or Judgment, / / / , ' ,/ /!,1 }///:%I: / /, , / (~ AUornay for Plaintiff ( YAltOrney for Crossclalm ( Secretary of Commonwaalth ( I Prothonotary S&D with Issue Costs Orders Certificate Case & Counterclaim or Crossclalm Witness Bill M.l. Execution-Sat. or S&D Attorney for Defendant Sheriff Due Sheriff Mllaage County Verdict Awards from Arbitration Equity Plaintiff's Bill Judgment on Verdict D.S,B. Garnishes Fee DATE: PRO. COSTS: 1dl-L Sworn to and subscribed before me thiS~ day of {~{JeVU~.!!(r1/liL~ o A fAL ~f'AL--'" j ELLEN A. COTTONE Nofary Public Plll':I\"P<1l1. AU ~GHENY COUNTY. PA r,~,.. . ,," ~,.~... I., ..fl'~ '.,.IV 17. 1999 --..- .... -~. . .-..~_.- (1fd.uJ (j ,1997 \,. , ----. .,.,~ -_...._~. -,"' "_ ~ -"'lft-f:"'4 . "...--l--:.;.;.... . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE TO SETTLE AND DISCONTINUE has been sarved by first class meil, postage pre-paid, I') 11.f1--- ~ . this {/.... VI day of A J.~_ ,1997, upon the following: Ms. Linda Sheffler Conrail Claims. Commerce Park 2605 Interstate Drive Harrisburg, PA 17110 ROBERT PEIRCE AND ASSOCIATES By: CcL[tJhL~ ~.: I " ,-.: i II J ,- " () . l.: , ~w .. , , I.. "~ , " ) L. I , ~ L: , ~ . I I ,'- ;? ,:, t."} " -,) . . MELVIN G, KEEFER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 448 Civil 1996 CONSOLIDATED RAIL CORPORATION, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWERS OF CONSOLIDATED RAIL CORPORATION TO PLAINTIFF'S REOUEST FOR ADMISSIONS 1, Do you admit that the plaintiff, Melvin Keefer, had posted a blue flag on the 1rack of the locomo1ive that he was inspecting on 1he day of his injury? ANSWER: Denied, To the contrary, no blue flags were placed on the track upon which the locomotive in which Mr, Keefer was standing was located nor was the switch locked nor were there any blue flags upon the locomotive i1self, the placement of those blue flags and the locking of the switch all being the sole responsibility of Melvin G, Keefer, plaintiff, 2, Do you admit that Henry Kuester, the foreman at1he time, removed 1he blue flag set by Mr, Keefer. ANSWER: Denied, To the contrary, Mr, Kuester ascertained prior to the shifting operation that 1here were no blue flags upon the track upon which 1he locomotive was silting, the locomotive itself nor was the switch locked, 3, Do you admi1tht (sic) federal regulations instruct that only the individual placing a blue flag on a 1rack, remove the blue flag from the track, at such time as he is finished with his duties, 49 CFR ~ 218.23? ANSWER: Request for admission #3 can neither be admitted nor denied as it refers to a specific federal regulation which speaks for itself, 4. Do you admit thai the individual operating the locomotive that coupled wilh the locomotive lhe plaintiff was on at lhe time of this injury was a machinist trainee, and not a qualified hostler or engineer? ANSWER: Denied, To lhe contrary, the individual operaling the locomotive that coupled with the locomotive the plainliff was on was an experienced hostler, Respectfully submitted, NAUMAN, SMITH, SHISSLER AND HALL by: Craig J, St Supreme C . maier, Esquire IO# 34996 200 North Third Slreet, PO Box 840 Harrisburg, PA 17108 Telephone: 717/236-3010 Counsel for Consolidated Rail Corporation, Defendant Date: November 27, 1996 . ' VERIFICATION I, Linda Schremer, AssiSlant Division Claims Manager of Consolidated Rail Corporation, Defendant, in the foregoing proceeding, make the following statement subject to the penalties of 18 Pa, C,S, ~4904, relaling 10 unsworn falsifications to authorilY, and do slate that the faCla set forth in the foregoing Answers of Consolidaled Rail Corporation to Plaintifrs request for admissions are true and correclto the best of my knowledge, infonnalion and belief, l~~ -<J~'l Linda Schremer cJlHof'"tll ,X -&..J~ Witness Daled: 1/-A7.9t:, . . , . . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answers of Consolidated Rail Corpomtion to Plaintiffs Request for Admissions were served by first class mail, postage prepaid, this ~ ~day of rJ..............Q..... ,1996. upon the following: Mark T, Wade, Esquire Robert, Peirce and Associates 2500 Gulf Tower 707 Gmnt Street Pittsburgh. PA 15219 NAUMAN, SMITH, SHISSLER AND HALL by: '>- c.' ~~. {~. u., (...J.'. !-,{ ~. : Qi Co>' 1.:_:' f.':' r u. U ..:r ,...., ..~~ ~..:.- ("oJ I c~ l ~ ' "-, ..-, 4.:.' . ,- G , , .~ . '.-<' .!~'; _J " ':j I::~ {j . ,