J-A29003-13
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
JOYCE M. STETTLER AND RAYMOND J.
STETTLER, H/W,
Appellants
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN BILTRATE, INC.,
AMERICAN STANDARD, INC., BORGWARNER CORPORATION, CBS
CORPORATION, A DELAWARE
CORPORATION, F/K/A VIACOM, INC.,
SUCCESSOR BY MERGER TO CBS
CORPORATION, A PENNSYLVANIA
CORPORATION, F/K/A WESTINGHOUSE
ELECTRIC CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
CONWED CORPORATION, CRANE
COMPANY, CROWN, CORK & SEAL
COMPANY, INC., DAP PRODUCTS,
DOMCO PRODUCTS TEXAS, L.P.,
INDIVIDUALLY AND AS CORPORATE
SUCCESSOR TO TARKETT, AZROCK AND
DOMCO, A DELAWARE CORPORATION,
EATON CORPORATION, AS SUCCESSOR
IN INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC., ELOF
HANSSON, INC., FAIRMONT SUPPLY
COMPANY, FERRO ENGINEERING
DIVISION OF ON MARINE SERVICES
COMPANY, FORD MOTOR COMPANY,
FOSECO, INC., FOSTER-WHEELER
CORPORATION, GENERAL ELECTRIC
COMPANY, GENERAL REFRACTORIES
COMPANY, THE GOODYEAR TIRE &
RUBBER COMPANY, GOULD PUMPS, INC.,
GREEN, TWEED & COMPANY
INDIVIDUALLY AND AS SUCCESSOR IN
IN THE SUPERIOR COURT OF
PENNSYLVANIA
J-A29003-13
INTEREST TO PALMETTO, INC., HOBART
BROTHERS COMPANY, INGERSOLL-RAND
COMPANY, INTERNATIONAL PAPER
COMPANY INDIVIDUALLY AND AS
SUCCESSOR IN INTEREST TO CHAMPION
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP., J.H. FRANCE
REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE
FLOORS, INC., A/K/A KENTILE
OPERATION CO., THE KERITE COMPANY,
A DIVISION OF THE MARMON GROUP,
LLC, THE LINCOLN ELECTRIC COMPANY,
LINDE, LLC, F/K/A THE BOC
GROUP/AIRCO DIVISION, MANNINGTON
MILLS, INC., METROPOLITAN LIFE
INSURANCE COMPANY, INC., MORGAN
ENGINEERING F/D/A MORGAN CRANE,
MORGAN ENGINEERING F/K/A ALLIANCE
MACHINES, THE OKONITE COMPANY,
OWENS-ILLINOIS, INC., F/K/A OWENS
ILLINOIS GLASS CO., P & H MINING
EQUIPMENT, INC., F/K/A
HARNISCHFEGER CORPORATION,
PFIZER, INC., PENNSYLVANIA S & N,
INC., READING CRANE & ENGINEERING,
REUNION INDUSTRIES, INC. F/K/A
ALLIANCE MACHINES, RSCC WIRE &
CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC. F/K/A NORTON
COMPANY, SCHNEIDER ELECTRIC USA,
INC. F/K/A SQUARE D. COMPANY,
SHAWBOX A/K/A LIFT TECH
INTERNATIONAL, A DIVISION OF
MCKINNON CORPORATION, UNION
CARBIDE CHEMICAL & PLASTICS CO.,
INC. F/K/A UNION CARBIDE
CORPORATION, UNIVERSAL
REFRACTORIES A DIVISION OF THIEM
CORPORATION, WARREN PUMPS, INC.,
WEIL-MCLAIN, WEYERHAEUSER CO.,
Appellees
No. 795 EDA 2012
-2-
J-A29003-13
Appeal from the Order February 7, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: 1668 July Term, 2011
FRANK W. WEIERBACH AND COLLEEN M.
WEIERBACH, H/W,
Appellants
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN STANDARD, INC.,
BAYER CROPSCIENCE LP, SUCCESSOR
IN INTEREST TO AMCHEM PRODUCTS,
INC., BORG-WARNER CORPORATION,
BURNHAM, LLC, CBS CORPORATION, A
DELAWARE CORPORATION, F/K/A
VIACOM, INC., SUCCESSOR BY MERGER
TO CBS CORPORATION, A
PENNSYLVANIA CORPORATION, F/K/A
WESTINGHOUSE ELECTRIC
CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
COOPER INDUSTRIES, LLC, CROWN,
CORK & SEAL COMPANY, INC., DAP
PRODUCTS, DOMCO PRODUCTS TEXAS,
L.P., INDIVIDUALLY AND AS CORPORATE
SUCCESSOR TO TARKETT, AZROCK AND
DOMCO, A DELAWARE CORPORATION,
EATON CORPORATION, AS SUCCESSOR
IN INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC., ECR
INTERNATIONAL, INC. A/K/A DUNKIRK
BOILERS, AND AS SUCCESSOR IN
INTEREST TO THE UTICA COMPANIES,
INC., FORD MOTOR COMPANY, FOSTERWHEELER CORPORATION, GENERAL
-3-
IN THE SUPERIOR COURT OF
PENNSYLVANIA
J-A29003-13
ELECTRIC COMPANY, GENERAL
REFRACTORIES COMPANY, GEORGIAPACIFIC CORPORATION TRUST, INC.,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO BESTWALL GYPSUM
COMPANY, KEELER/DORR-OLIVER
BOILER COMPANY, GOODRICH
CORPORATION, THE GOODYEAR TIRE &
RUBBER COMPANY, GOULD PUMPS, INC.,
GREEN, TWEED & COMPANY
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO PALMETTO, INC., HB
FULLER COMPANY F/K/A AMCHEM
PRODUCTS, INC., F/K/A BENJAMIN
FOSTER, HOBART BROTHERS COMPANY,
INDUSTRIAL HOLDINGS CORP. A/K/A
CARBORUNDUM CO., INGERSOLL-RAND
COMPANY, J.H. FRANCE REFRACTORIES
CO., JOHN CRANE, INC., KAISER
GYPSUM COMPANY, KENTILE FLOORS,
INC. A/K/A KENTILE OPERATION CO.,
THE KERITE COMPANY, THE LINCOLN
ELECTRIC COMPANY, METROPOLITAN
LIFE INSURANCE COMPANY, INC.,
MORGAN ENGINEERING F/D/A MORGAN
CRANE, MORGAN ENGINEERING F/K/A
ALLIANCE MACHINES, THE OKONITE
COMPANY, OWENS-ILLINOIS, INC.,
F/K/A OWENS ILLINOIS GLASS CO., P &
H MINING EQUIPMENT, INC., F/K/A
HARNISCHFEGER CORPORATION,
PNEUMO ABEX CORPORATION F/K/A
ABEX CORPORATION, READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES, RSCC
WIRE & CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SEARS ROEBUCK AND CO.,
SCHNEIDER ELECTRIC USA, INC., F/K/A
SQUARE D. COMPANY, SHAWBOX A/K/A
LIFT TECH INTERNATIONAL, A DIVISION
OF MCKINNON CORPORATION, UNION
CARBIDE CHEMICAL & PLASTICS CO.,
INC., F/K/A UNION CARBIDE
-4-
J-A29003-13
CORPORATION , WARREN PUMPS, INC.,
WEIL-MCLAIN
Appellees
No. 808 EDA 2012
Appeal from the Order February 7, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: 02455 July Term, 2011
LINDA M. STERNER, EXECUTRIX OF THE
ESTATE OF ROBERT E. STERNER,
Appellant
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN STANDARD, INC.,
BAYER CROPSCIENCE LP, SUCCESSOR
IN INTEREST TO AMCHEM PRODUCTS,
INC., BORG-WARNER CORPORATION,
BURNHAM, LLC, CBS CORPORATION, A
DELAWARE CORPORATION, F/K/A
VIACOM, INC., SUCCESSOR BY MERGER
TO CBS CORPORATION, A
PENNSYLVANIA CORPORATION, F/K/A
WESTINGHOUSE ELECTRIC
CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
COOPER INDUSTRIES, LLC, CROWN,
CORK & SEAL COMPANY, INC., DAP
PRODUCTS, DOMCO PRODUCTS TEXAS,
L.P., INDIVIDUALLY AND AS CORPORATE
SUCCESSOR TO TARKETT, AZROCK AND
DOMCO, A DELAWARE CORPORATION,
EATON CORPORATION, AS SUCCESSOR
IN INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC., ECR
INTERNATIONAL, INC. A/K/A DUNKIRK
BOILERS, AND AS SUCCESSOR IN
-5-
IN THE SUPERIOR COURT OF
PENNSYLVANIA
J-A29003-13
INTEREST TO THE UTICA COMPANIES,
INC., FORD MOTOR COMPANY, FOSTERWHEELER CORPORATION, GENERAL
ELECTRIC COMPANY, GENERAL
REFRACTORIES COMPANY, GEORGIAPACIFIC CORPORATION TRUST, INC.,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO BESTWALL GYPSUM
COMPANY, KEELER/DORR-OLIVER
BOILER COMPANY, GOODRICH
CORPORATION, THE GOODYEAR TIRE &
RUBBER COMPANY, GOULD PUMPS, INC.,
GREEN, TWEED & COMPANY
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO PALMETTO, INC., HB
FULLER COMPANY F/K/A AMCHEM
PRODUCTS, INC., F/K/A BENJAMIN
FOSTER, HOBART BROTHERS COMPANY,
INDUSTRIAL HOLDINGS CORP. A/K/A
CARBORUNDUM CO., INGERSOLL-RAND
COMPANY, J.H. FRANCE REFRACTORIES
CO., JOHN CRANE, INC., KAISER
GYPSUM COMPANY, KENTILE FLOORS,
INC. A/K/A KENTILE OPERATION CO.,
THE KERITE COMPANY, THE LINCOLN
ELECTRIC COMPANY, METROPOLITAN
LIFE INSURANCE COMPANY, INC.,
MORGAN ENGINEERING F/D/A MORGAN
CRANE, MORGAN ENGINEERING F/K/A
ALLIANCE MACHINES, THE OKONITE
COMPANY, OWENS-ILLINOIS, INC.,
F/K/A OWENS ILLINOIS GLASS CO., P &
H MINING EQUIPMENT, INC., F/K/A
HARNISCHFEGER CORPORATION,
PNEUMO ABEX CORPORATION F/K/A
ABEX CORPORATION, READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES, RSCC
WIRE & CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SEARS ROEBUCK AND CO.,
SCHNEIDER ELECTRIC USA, INC., F/K/A
SQUARE D. COMPANY, SHAWBOX A/K/A
LIFT TECH INTERNATIONAL, A DIVISION
-6-
J-A29003-13
OF MCKINNON CORPORATION, UNION
CARBIDE CHEMICAL & PLASTICS CO.,
INC., F/K/A UNION CARBIDE
CORPORATION , WARREN PUMPS, INC.,
WEIL-MCLAIN, WEYERHAEUSER CO.,
Appellees
No. 871 EDA 2012
Appeal from the Order February 7, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: 1237 July Term, 2011
CHESTER R. LEHMANN AND JEAN D.
LEHMANN, H/W,
IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellants
v.
ALLIED SIGNAL, INC., A.O. SMITH
CORPORATION, INDIVIDUALLY AND AS
SUCCESSOR IN INTEREST TO CLARK
CONTROL, A. W. CHESTERTON
COMPANY, AIR AND LIQUID SYSTEMS
CORPORATION AS SUCCESSOR BY
MERGER TO BUFFALO PUMPS, AMERICAN
BILTRATE, INC., AMERICAN STANDARD,
INC., ASBESTOS CORPORATION
LIMITED, ATLAS COPCO COMPRESSORS,
LLC, BABCOCK BORSIG POWER, INC.
F/K/A DB RILEY, INC. F/K/A RILEY
STOKER CORP., A MASSACHUSETTS
CORP., BAYER CROPSCIENCE LP,
SUCCESSOR IN INTEREST TO AMCHEM
PRODUCTS, INC., BELL ASBESTOS
MINES, LTD., BORG-WARNER
CORPORATION, BURNHAM, LLC, C.S.R.
LIMITED, D/B/A COLONIAL SUGAR
REFINING, LTD., CARBORUNDUM
COMPANY CORPORATION TRUST, INC.,
CBS CORPORATION, A DELAWARE
CORPORATION, F/K/A VIACOM, INC.,
-7-
J-A29003-13
SUCCESSOR BY MERGER TO CBS
CORPORATION, A PENNSYLVANIA
CORPORATION, F/K/A WESTINGHOUSE
ELECTRIC CORPORATION, CERRO WIRE
LLC, CERTAINTEED CORPORATION,
CLARK CONTROLLER COMPANY,
CLEAVER BROOKS, INC., CONWED
CORPORATION, COOPER CROUSEHINDS, COOPER INDUSTRIES, CRANE
COMPANY, CROWN, CORK & SEAL
COMPANY, INC., DAP PRODUCTS,
DOMCO PRODUCTS TEXAS, L.P.,
INDIVIDUALLY AND AS CORPORATE
SUCCESSOR TO TARKETT, AZROCK AND
DOMCO, A DELAWARE CORPORATION,
DREVER FURNACE, A DIVISION OF DL
FURNACE, LLC, EATON CORPORATION,
AS SUCCESSOR IN INTEREST TO
CUTLER-HAMMER, INC., N/K/A EATON
ELECTRICAL, INC., ECR
INTERNATIONAL, INC. A/K/A DUNKIRK
BOILERS, AND AS SUCCESSOR IN
INTEREST TO THE UTICA COMPANIES,
INC., ELOF HANSSON, INC., EMPIRE ACE
INSULATION MANUFACTURING CORP.,
FAIRMONT SUPPLY COMPANY, FERRO
ENGINEERING DIVISION OF ON MARINE
SERVICES COMPANY, FORD MOTOR
COMPANY, FOSTER-WHEELER
CORPORATION, GENERAL ELECTRIC
COMPANY, GENERAL REFRACTORIES
COMPANY, GEORGIA-PACIFIC
CORPORATION TRUST, INC.,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO BESTWALL GYPSUM
COMPANY CORPORATION TRUST, INC.
GLEASON REEL CORPORATION,
GOODRICH CORPORATION, GREEN,
TWEED & COMPANY INDIVIDUALLY AND
AS SUCCESSOR IN INTEREST TO
PALMETTO, INC., THE GOODYEAR TIRE &
RUBBER COMPANY, GOULD PUMPS, INC.,
GTE PRODUCTS OF CONNECTICUT
CORP., HB FULLER COMPANY F/K/A
-8-
J-A29003-13
AMCHEM PRODUCTS, INC., F/K/A
BENJAMIN FOSTER, HOBART BROTHERS
COMPANY, HOLLINGSWORTH & VOSE
COMPANY, I.M.O. INDUSTRIES, F/K/A
DELAVAL TURBINE, INC., F/K/A IMP
DEVAL, INC. (INDIVIDUALLY AND AS
SUCCESSOR-IN-INTEREST TO DELAVAL
TURBINE, INC., WARREN PUMPS, INC.,
INGERSOLL-RAND COMPANY,
INTERNATIONAL PAPER COMPANY
(INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO CHAMPION
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP.), J.H. FRANCE
REFRACTORIES CO., JOHN CRANEHOUDAILLE, INC., KAISER GYPSUM
COMPANY, KEELER/DORR-OLIVER
BOILER COMPANY, KENTILE FLOORS,
INC. A/K/A KENTILE OPERATION CO.,
THE KERITE COMPANY, A DIVISION OF
THE MARMON GROUP, LLC, THE
LINCOLN ELECTRIC COMPANY, LINDE,
LLC, F/K/A THE BOC GROUP/AIRCO
DIVISION, MANNINGTON MILLS, INC.,
MESTEK, INC., INDIVIDUALLY AND AS
SUCCESSOR TO HYDROTHERM, INC.,
METROPOLITAN LIFE INSURANCE
COMPANY, INC., MORGAN ENGINEERING
F/D/A MORGAN CRANE, MORGAN
ENGINEERING F/K/A ALLIANCE
MACHINES, THE OKONITE COMPANY, P
& H MINING EQUIPMENT, INC., F/K/A
HARNISCHFEGER CORPORATION,
PEERLESS INDUSTRIES, INC.,
PENNSYLVANIA S & N, INC., PNEUMO
ABEX CORPORATION F/K/A ABEX
CORPORATION, READING CRANE &
ENGINEERING, RELIANCE MOTORS
A/K/A RELIANCE ELECTRIC COMPANY
A/K/A BALDOR ELECTRIC COMPANY
A/K/A/ ROCKWELL AUTOMATION POWER
SYSTEMS REUNION INDUSTRIES, INC,
F/K/A ALLIANCE MACHINES, RPM, INC.
(INDIVIDUALLY AND AS SUCCESSOR IN
-9-
J-A29003-13
INTEREST TO AND/OR ALTER EGO OF
THE REARDON COMPANY, BONDEX
INTERNATIONAL AND TREMCO, INC.)
RSCC WIRE & CABLE, INC., RUST
CONTRACTORS, INC., A/K/A RUST
ENGINEERING AND RUST
INTERNATIONAL, A WHOLLY OWNED
SUBSIDIARY OF WASHINGTON GROUP
INTERNATIONAL, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SEARS ROEBUCK AND CO.,
SCHNEIDER ELECTRIC USA, INC., F/K/A
SQUARE D. COMPANY, SHAWBOX A/K/A
LIFT TECH INTERNATIONAL, A DIVISION
OF MCKINNON CORPORATION, SIEMENS
WATER TECHNOLOGY CORP., AS
SUCCESSOR IN INTEREST TO RUST
FURNACE CO., A/K/A RUST
CONTRACTORS, INC., A/K/A RUST
ENGINEERING AND RUST
INTERNATIONAL, A WHOLLY OWNED
SUBSIDIARY OF WASHINGTON GROUP
INTERNATIONAL, TRANCE U.S. INC.
F/K/AA AMERICAN STANDARD, INC.,
UNION CARBIDE CHEMICAL & PLASTICS
CO., INC., F/K/A UNION CARBIDE
CORPORATION , UNIVERSIAL
REFRACTORIES A DIVISION OF THIEM
CORPORATION, URS CORPORATION,
WARREN PUMPS, INC., WASHINGTON
DIVISION OF URS CORP., WASHINGTON
GROUP INTERNATIONAL, INC., A/K/A
AND/OR SUCCESSOR IN INTEREST TO
RUST ENGINEERING, A/K/A AND/OR
SUCCESSOR IN INTEREST TO RUST
INTERNATIONAL, A/K/A AND/OR
SUCCESSOR IN INTEREST TO RUST
FURNACE COMPANY, WEIL-MCLAIN,
WEYERHAEUSER CO., WEYERHAEUSER
CO., ZURN INDUSTRIES, INC.,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO ERIE CITY IRON WORKERS
CORPORATION,
- 10 -
J-A29003-13
Appellees
No. 888 EDA 2012
Appeal from the Order February 7, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: 1990 April Term, 2011
JAMIE L. BROWN AND TERRY BROWN,
W/H,
Appellants
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN STANDARD, INC.,
BAYER CROPSCIENCE LP, SUCCESSOR
IN INTEREST TO AMCHEM PRODUCTS,
INC., BORG-WARNER CORPORATION,
BRIDGESTONE/FIRESTONE, INC., F/K/A
FIRESTONE TIRE AND RUBBER CO.,
A/K/A BRIDGESTONE AMERICAS INC.,
BURNHAM, LLC, CBS CORPORATION, A
DELAWARE CORPORATION, F/K/A
VIACOM, INC., SUCCESSOR BY MERGER
TO CBS CORPORATION, A
PENNSYLVANIA CORPORATION, F/K/A
WESTINGHOUSE ELECTRIC
CORPORATION, CERTAINTEED
CORPORATION, CLAIROL CORPORATION,
A DIVISION OF PROCTOR AND GAMBLE
COMPANY, CLEAVER BROOKS, INC.,
CONAIR CORPORATION, COOPER
INDUSTRIES, LLC, CRANE COMPANY,
CROWN, CORK & SEAL COMPANY, INC.,
EATON CORPORATION, AS SUCCESSOR
IN INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC.,
FAIRMONT SUPPLY COMPANY, FERRO
ENGINEERING DIVISION OF ON MARINE
- 11 -
IN THE SUPERIOR COURT OF
PENNSYLVANIA
J-A29003-13
SERVICES COMPANY, FORD MOTOR
COMPANY, FOSECO, INC., FOSTERWHEELER CORPORATION, GENERAL
ELECTRIC COMPANY, GENERAL
REFRACTORIES COMPANY, GEORGIAPACIFIC CORPORATION TRUST, INC.,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO BESTWALL GYPSUM
COMPANY, THE GILLETTE COMPANY, A
DIVISION OF PROCTOR AND GAMBLE
COMPANY, GOODRICH CORPORATION
F/K/A B.F. GOODRICH, THE GOODYEAR
TIRE & RUBBER COMPANY, GOULD
PUMPS, INC., , GREEN, TWEED &
COMPANY INDIVIDUALLY AND AS
SUCCESSOR IN INTEREST TO
PALMETTO, INC., HAMILTON BEACH, A
DIVISION AND/OR SUBSIDIARY OF
NACCO INDUSTRIES, INCORPORATED,
HOBART BROTHERS COMPANY,
INDUSTRIAL HOLDINGS CORP., A/K/A
CARBORUNDUM CO., INGERSOLL-RAND
COMPANY, J.H. FRANCE REFRACTORIES
CO., KEELER/DORR-OLIVER BOILER
COMPANY, THE KERITE COMPANY, A
DIVISION OF THE MARMON GROUP, LLC,
THE LINCOLN ELECTRIC COMPANY,
LINDE, LLC, F/K/A THE BOC GROUP,
INC., AIRCO DIVISION, MAREMONT
CORPORATION A/K/A ARVIN
INDUSTRIES, INC., METROPOLITAN LIFE
INSURANCE COMPANY, INC., MORGAN
ENGINEERING F/D/A MORGAN CRANE,
MORGAN ENGINEERING F/K/A ALLIANCE
MACHINES, THE OKONITE COMPANY,
OWEN ILLINOIS, INC. F/K/A OWENS
ILLINOIS GLASS CO., P & H MINING
EQUIPMENT, INC., F/K/A
HARNISCHFEGER CORPORATION,
PARKER-HANNIFIN CORPORATION,
INDIVIDUALLY AND AS SUCCESSOR BY
MERGER TO STRATOFLEX, INC.,
(CLEVELAND BRAKE DIVISION),
PENNSYLVANIA S & N, INC., PNEUMO
- 12 -
J-A29003-13
ABEX CORPORATION F/K/A ABEX
CORPORATION, READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES,
ROCKWELL INTERNATIONAL
CORPORATION F/K/A ROCKWELL
AUTOMOTIVE F/K/A ARVIN MERITOR,
INC., RSCC WIRE & CABLE, INC., SAINTGOBAIN ABRASIVES, INC., F/K/A
NORTON COMPANY, SHAWBOX A/K/A
LIFT TECH INTERNATIONAL, A DIVISION
OF MCKINNON CORPORATION,
SUNBEAM PRODUCTS INCORPORATED
A/K/A AMERICAN HOUSEHOLD, INC., A
SUBSIDIARY OF THE DARDEN
CORPORATION, A DIVISION OF THE
ALLTRISTA CORPORATION, UNION
CARBIDE CHEMICAL & PLASTICS CO.,
INC., F/K/A UNION CARBIDE
CORPORATION , UNIVERSIAL
REFRACTORIES A DIVISION OF THIEM
CORPORATION, WARREN PUMPS, INC.,
AND WEIL-MCLAIN,
Appellees
No. 925 EDA 2012
Appeal from the Order February 7, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: September Term, 2011, No. 1047
THOMAS H. YOUNG,
IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN BILTRATE, INC.,
AMERICAN STANDARD, INC., ASBESTOS
- 13 -
J-A29003-13
CORPORATION LIMITED, BELL
ASBESTOS MINES, LTD., BORG-WARNER
MORSE TEC, CBS CORPORATION, A
DELAWARE CORPORATION, F/K/A
VIACOM, INC., SUCCESSOR BY MERGER
TO CBS CORPORATION, A
PENNSYLVANIA CORPORATION, F/K/A
WESTINGHOUSE ELECTRIC
CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
CONWED CORPORATION, COOPER
INDUSTRIES, INC., CRANE COMPANY,
CROWN, CORK & SEAL COMPANY, INC.,
C.S.R. LIMITED D/B/A COLONIAL SUGAR
REFINING LTD., DAP PRODUCTS,
DOMCO PRODUCTS TEXAS, L.P.,
INDIVIDUALLY AND AS CORPORATE
SUCCESSOR TO TARKETT, AZROCK AND
DOMCO, A DELAWARE CORPORATION,
EATON CORPORATION, AS SUCCESSOR
IN INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC., ELOF
HANSSON, INC., FAIRMONT SUPPLY
COMPANY, FERRO ENGINEERING
DIVISION OF ON MARINE SERVICES
COMPANY, FORD MOTOR COMPANY,
FOSECO, INC., FOSTER-WHEELER
CORPORATION, GENERAL ELECTRIC
COMPANY, GENERAL REFRACTORIES
COMPANY, GREEN, TWEED & COMPANY
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO PALMETTO, INC.,
GOODRICH CORPORATION, THE
GOODYEAR TIRE & RUBBER COMPANY,
GOULD PUMPS, INC., HOBART
BROTHERS COMPANY, INGERSOLL-RAND
COMPANY, INTERNATIONAL PAPER
COMPANY, INDIVIDUALLY AND AS
SUCCESSOR IN INTEREST TO CHAMPION
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP., J.H.
REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE
FLOORS, INC., A/K/A KENTILE
- 14 -
J-A29003-13
OPERATION CO., THE KERITE COMPANY,
A DIVISION OF THE MARMON GROUP,
LLC, THE LINCOLN ELECTRIC COMPANY,
LINDE, LLC, F/K/A THE BOC GROUP/
AIRCO DIVISION, MANNINGTON MILLS,
INC., METROPOLITAN LIFE INSURANCE
COMPANY, INC., MORGAN ENGINEERING
F/D/A MORGAN CRANE, MORGAN
ENGINEERING F/K/A ALLIANCE
MACHINES, NORCA INDUSTRIAL
COMPANY, LLC, THE OKONITE
COMPANY, P & H MINING EQUIPMENT,
INC., F/K/A HARNISCHFEGER
CORPORATION, PENNSYLVANIA S & N,
INC., PFIZER, INC., PNEUMO ABEX
CORPORATION F/K/A ABEX
CORPORATION, READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES, RSCC
WIRE & CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SCHNEIDER ELECTRIC USA,
INC., F/K/A/ SQUARE D COMPANY,
SHAWBOX A/K/A LIFT TECH
INTERNATIONAL, A DIVISION OF
MCKINNON CORPORATION, UNION
CARBIDE CORPORATION, UNIVERSIAL
REFRACTORIES, A DIVISION OF THIEM
CORPORATION, WARREN PUMPS, INC.,
WEIL-MCLAIN, WEYERHAEUSER CO.,
Appellees
No. 939 EDA 2012
Appeal from the Order February 7, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: December Term, 2011, 0331
RICHARD J. MARTZ,
IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
- 15 -
J-A29003-13
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN BILTRATE, INC.,
AMERICAN STANDARD, INC., ASBESTOS
CORPORATION LIMITED, BELL
ASBESTOS MINES, LTD., BORG-WARNER
CORPORATION, CBS CORPORATION, A
DELAWARE CORPORATION, F/K/A
VIACOM, INC., SUCCESSOR BY MERGER
TO CBS CORPORATION, A
PENNSYLVANIA CORPORATION, F/K/A
WESTINGHOUSE ELECTRIC
CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
CONWED CORPORATION, COOPER
INDUSTRIES, INC., CRANE COMPANY,
CROWN, CORK & SEAL COMPANY, INC.,
C.S.R. LIMITED D/B/A COLONIAL SUGAR
REFINING LTD., DAP PRODUCTS,
DOMCO PRODUCTS TEXAS, L.P.,
(INDIVIDUALLY AND AS CORPORATE
SUCCESSOR TO TARKETT, AZROCK AND
DOMCO) A DELAWARE CORPORATION,
EATON CORPORATION, AS SUCCESSOR
IN INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC., ELOF
HANSSON, INC., FAIRMONT SUPPLY
COMPANY, FERRO ENGINEERING
DIVISION OF ON MARINE SERVICES
COMPANY, FORD MOTOR COMPANY,
FOSECO, INC., FOSTER-WHEELER
CORPORATION, GENERAL ELECTRIC
COMPANY, GENERAL REFRACTORIES
COMPANY, GOODRICH CORPORATION,
GREEN, TWEED & COMPANY
(INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO PALMETTO, INC.), THE
GOODYEAR TIRE & RUBBER COMPANY,
GOULD PUMPS, INC., HOBART
BROTHERS COMPANY, INGERSOLL-RAND
- 16 -
J-A29003-13
COMPANY, INTERNATIONAL PAPER
COMPANY (INDIVIDUALLY AND AS
SUCCESSOR IN INTEREST TO CHAMPION
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP., J.H. FRANCE
REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE
FLOORS, INC., A/K/A KENTILE
OPERATION CO., THE KERITE COMPANY,
A DIVISION OF THE MARMON GROUP,
LLC, THE LINCOLN ELECTRIC COMPANY,
LINDE, LLC, F/K/A THE BOC GROUP/
AIRCO DIVISION, MANNINGTON MILLS,
INC., METROPOLITAN LIFE INSURANCE
COMPANY, INC., MORGAN ENGINEERING
F/D/A MORGAN CRANE, MORGAN
ENGINEERING F/K/A ALLIANCE
MACHINES, NORCA INDUSTRIAL
COMPANY, LLC, THE OKONITE
COMPANY, OWEN ILLINOIS, INC. F/K/A
OWENS ILLINOIS GLASS CO., P & H
MINING EQUIPMENT, INC., F/K/A
HARNISCHFEGER CORPORATION,
PFIZER, INC., PNEUMO ABEX
CORPORATION F/K/A ABEX
CORPORATION, READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES, RSCC
WIRE & CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SCHNEIDER ELECTRIC USA,
INC., F/K/A/ SQUARE D COMPANY,
SHAWBOX A/K/A LIFT TECH
INTERNATIONAL, A DIVISION OF
MCKINNON CORPORATION, UNION
CARBIDE CHEMICAL & PLASTICS CO.,
INC. F/K/A UNION CARBIDE
CORPORATION, UNIVERSAL
REFRACTORIES, A DIVISION OF THIEM
CORPORATION, WARREN PUMPS, INC.,
WEIL-MCLAIN, AND WEYERHAEUSER
CO.,
Appellees
No. 941 EDA 2012
- 17 -
J-A29003-13
Appeal from the Order February 7, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: July Term, 2011, No. 1459
BARBARA E. PARKS, EXECUTRIX OF THE
ESTATE OF STANLEY A. PARKS,
Appellant
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, BORG-WARNER CORPORATION,
CBS CORPORATION, A DELAWARE
CORPORATION, F/K/A VIACOM, INC.,
SUCCESSOR BY MERGER TO CBS
CORPORATION, A PENNSYLVANIA
CORPORATION, F/K/A WESTINGHOUSE
ELECTRIC CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
COOPER CROUSE-HINDS, COOPER
INDUSTRIES, CRANE COMPANY, CROWN,
CORK & SEAL COMPANY, INC., EATON
CORPORATION, AS SUCCESSOR IN
INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC.,
ERICSSON, INC., FAIRMONT SUPPLY
COMPANY, FERRO ENGINEERING
DIVISION OF ON MARINE SERVICES
COMPANY, FORD MOTOR COMPANY,
FOSECO, INC., FOSTER-WHEELER
CORPORATION, GENERAL ELECTRIC
COMPANY, GENERAL REFRACTORIES
COMPANY, THE GOODYEAR TIRE &
RUBBER COMPANY, GOULD PUMPS, INC.,
GREEN, TWEED & COMPANY
(INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO PALMETTO, INC.) ,HOBART
- 18 -
IN THE SUPERIOR COURT OF
PENNSYLVANIA
J-A29003-13
BROTHERS COMPANY, INGERSOLL-RAND
COMPANY, J.H. FRANCE REFRACTORIES
CO., KEELER/DORR-OLIVER BOILER
COMPANY, THE KERITE COMPANY, A
DIVISION OF THE MARMON GROUP, LLC,
THE LINCOLN ELECTRIC COMPANY,
LINDE, LLC, F/K/A THE BOC GROUP
F/K/A AIRCO WELDING SUPPLY F/K/A
WELDERS SUPPLY, METROPOLITAN LIFE
INSURANCE COMPANY, INC., MORGAN
ENGINEERING F/D/A MORGAN CRANE,
MORGAN ENGINEERING F/K/A ALLIANCE
MACHINES, THE OKONITE COMPANY,
OWEN ILLINOIS, INC. F/K/A OWENS
ILLINOIS GLASS CO., P & H MINING
EQUIPMENT, INC., F/K/A
HARNISCHFEGER CORPORATION,
PENNSYLVANIA S & N, INC., PFIZER,
INC., READING CRANE & ENGINEERING,
REUNION INDUSTRIES, INC., F/K/A
ALLIANCE MACHINES, RSCC WIRE &
CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SCHNEIDER ELECTRIC
COMPANY, F/K/A/ SQUARE D COMPANY,
SHAWBOX A/K/A LIFT TECH
INTERNATIONAL, A DIVISION OF
MCKINNON CORPORATION, TRIANGLE
WIRE AND CABLE COMPANY, UNION
CARBIDE CHEMICAL & PLASTICS CO.,
INC. F/K/A UNION CARBIDE
CORPORATION, UNIVERSAL
REFRACTORIES, A DIVISION OF THIEM
CORPORATION, WARREN PUMPS, INC.,
WEIL-MCLAIN,
Appellees
No. 945 EDA 2012
Appeal from the Order February 7, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: March Term, 2011, No. 02284
- 19 -
J-A29003-13
DEBRA J. RODGERS, EXECUTRIX OF THE
ESTATE OF JOSEPH J. RODGERS,
Appellant
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN BILTRATE, INC.,
AMERICAN STANDARD, INC., ASBESTOS
CORPORATION LIMITED, BELL
ASBESTOS MINES, LTD., BORG-WARNER
CORPORATION, CBS CORPORATION, A
DELAWARE CORPORATION, F/K/A
VIACOM, INC., SUCCESSOR BY MERGER
TO CBS CORPORATION, A
PENNSYLVANIA CORPORATION, F/K/A
WESTINGHOUSE ELECTRIC
CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
CONWED CORPORATION, COOPER
INDUSTRIES, CRANE COMPANY, CROWN,
CORK & SEAL COMPANY, INC., C.S.R.
LIMITED, DAP PRODUCTS, DOMCO
PRODUCTS TEXAS, L.P., (INDIVIDUALLY
AND AS CORPORATE SUCCESSOR TO
TARKETT, AZROCK AND DOMCO),
EATON CORPORATION, AS SUCCESSOR
IN INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC., ELOF
HANSSON, INC., FAIRMONT SUPPLY
COMPANY F/K/A MONTFAIR INDUSTRIAL
SUPPLIES COMPANY F/K/A FAIRMONT
MACHINERY COMPANY, FERRO
ENGINEERING DIVISION OF ON MARINE
SERVICES COMPANY, FORD MOTOR
COMPANY, FOSECO, INC., FOSTERWHEELER CORPORATION, GENERAL
- 20 -
IN THE SUPERIOR COURT OF
PENNSYLVANIA
J-A29003-13
ELECTRIC COMPANY, GENERAL
REFRACTORIES COMPANY, GREEN,
TWEED & COMPANY (INDIVIDUALLY AND
AS SUCCESSOR IN INTEREST TO
PALMETTO, INC.), GOODRICH
CORPORATION, THE GOODYEAR TIRE &
RUBBER COMPANY, GOULD PUMPS, INC.,
HOBART BROTHERS COMPANY,
INTERNATIONAL PAPER COMPANY
(INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO CHAMPION
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP.), J.H. FRANCE
REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE
FLOORS, INC., A/K/A KENTILE
OPERATION CO., THE KERITE COMPANY,
THE LINCOLN ELECTRIC COMPANY,
MANNINGTON MILLS, INC.,
METROPOLITAN LIFE INSURANCE
COMPANY, INC., MORGAN ENGINEERING
F/D/A MORGAN CRANE, MORGAN
ENGINEERING F/K/A ALLIANCE
MACHINES, NORCA INDUSTRIAL
COMPANY, LLC, THE OKONITE
COMPANY, P & H MINING EQUIPMENT,
INC., F/K/A HARNISCHFEGER
CORPORATION, PENNSYLVANIA S & N,
INC., PNEUMO ABEX CORPORATION
F/K/A ABEX CORPORATION, READING
CRANE & ENGINEERING, REUNION
INDUSTRIES, INC., F/K/A ALLIANCE
MACHINES, RSCC WIRE & CABLE, INC.,
SAINT-GOBAIN ABRASIVES, INC., F/K/A
NORTON COMPANY, SCHNEIDER
ELECTRIC COMPANY, F/K/A/ SQUARE D
COMPANY, SHAWBOX A/K/A LIFT TECH
INTERNATIONAL, A DIVISION OF
MCKINNON CORPORATION, UNION
CARBIDE CHEMICAL & PLASTICS CO.,
INC. F/K/A UNION CARBIDE
CORPORATION, UNIVERSAL
REFRACTORIES, A DIVISION OF THIEM
CORPORATION, WARREN PUMPS, INC.,
- 21 -
J-A29003-13
WEIL-MCLAIN AND WEYERHAEUSER CO.,
Appellees
No. 999 EDA 2012
Appeal from the Order February 7, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: February Term, 2011, No. 4491
JAN F. GREN AND ELIZABETH GREN,
H/W,
Appellants
v.
ALLIED SIGNAL, INC., AMERICAN
HONDA MOTOR CO., INC., AMERICAN
STANDARD, INC., BAYER CROPSCIENCE
LP, SUCCESSOR IN INTEREST TO
AMCHEM PRODUCTS, INC., BORGWARNER CORPORATION,
BRIDGESTONE/FIRESTONE, INC., F/K/A
FIRESTONE TIRE AND RUBBER CO.
A/K/A BRIDGESTONE AMERICAS, INC.,
BURNHAM, LLC, CARLISLE COMPANIES
INCORPORATION, A/K/A CARLISLE
BRAKE & FRICTION (CBF), CBS
CORPORATION, A DELAWARE
CORPORATION, F/K/A VIACOM, INC.,
SUCCESSOR BY MERGER TO CBS
CORPORATION, A PENNSYLVANIA
CORPORATION, F/K/A WESTINGHOUSE
ELECTRIC CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
COOPER INDUSTRIES, LLC, DAIMLER
TRUCKS, N.A. F/K/A FREIGHTLINER, LLC
F/K/A FREIGHTLINER CORPORATION,
EATON CORPORATION, AS SUCCESSOR
IN INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC.,
ECHLIN, INC., EIS BRAKE PARTS A/K/A
- 22 -
IN THE SUPERIOR COURT OF
PENNSYLVANIA
J-A29003-13
EIS AUTO CORP., DIV. OF STANDARD
MOTOR PRODUCTS INC., A/K/A
STANDARD MOTOR PARTS, FORD
MOTOR COMPANY, FOSTER-WHEELER
CORPORATION, GENERAL ELECTRIC
COMPANY, GENUINE PARTS CO., A/K/A
NAPA AUTO PARTS, GEORGIA-PACIFIC
CORPORATION TRUST, INC.,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO BESTWALL GYPSUM
COMPANY, GOODRICH CORPORATION
F/K/A B.F. GOODRICH, THE GOODYEAR
TIRE & RUBBER COMPANY, GREEN,
TWEED & COMPANY, INDIVIDUALLY AND
AS SUCCESSOR IN INTEREST TO
PALMETTO, INC., HOBART BROTHERS
COMPANY, HOLMAN AUTOMOTIVE
GROUP, INC., A/K/A HOLMAN
ENTERPRISES, INC., INDUSTRIAL
HOLDINGS CORP. A/K/A CARBORUNDUM
CO., INTERNATIONAL TRUCK AND
ENGINE CORPORATION, F/K/A
NAVISTAR, INC., JC WHITNEY A/K/A JC
WHITNEY & CO. A/K/A JC AUTOMOTIVE,
KEELER/DORR-OLIVER BOILER
COMPANY, THE LINCOLN ELECTRIC
COMPANY, MAREMONT CORPORATION
A/K/A ARVIN INDUSTRIES, INC.,
METROPOLITAN LIFE INSURANCE
COMPANY, INC., MORGAN ENGINEERING
F/D/A MORGAN CRANE, MORGAN
ENGINEERING F/K/A ALLIANCE
MACHINES, P & H MINING EQUIPMENT,
INC., F/K/A HARNISCHFEGER
CORPORATION, PARKER-HANNIFIN
CORPORATION, INDIVIDUALLY AND AS
SUCCESSOR BY MERGER T STRATOFLEX,
INC.(CLEVELAND BRAKE DIVISION), THE
PEP BOYS-MANNY, MOE & JACK,
PETERBILT MOTORS COMPANY, PNEUMO
ABEX CORPORATION F/K/A ABEX
CORPORATION, READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES,
- 23 -
J-A29003-13
ROCKWELL INTERNATIONAL
CORPORATION F/K/A ROCKWELL
AUTOMOTIVE F/K/A ARVIN MERITOR,
INC., RSCC WIRE & CABLE, INC., SAINTGOBAIN ABRASIVES, INC., F/K/A
NORTON COMPANY, SEARS, ROEBUCK
AND CO., SCHNEIDER ELECTRIC
COMPANY, F/K/A/ SQUARE D COMPANY,
SHAWBOX A/K/A LIFT TECH
INTERNATIONAL, A DIVISION OF
MCKINNON CORPORATION, STANDARD
MOTOR PRODUCTS, INC., INDIVIDUALLY
AND AS SUCCESSOR-IN-INTEREST TO
EIS CORP., UNION CARBIDE CHEMICAL
& PLASTICS CO., INC. F/K/A UNION
CARBIDE CORPORATION, WEIL-MCLAIN,
WHITNEY AUTOMOTIVE GROUP, INC.,
Appellees
No. 1031 EDA 2012
Appeal from the Order February 7, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: July Term, 2011, No. 2324
JOYCE M. STETTLER AND RAYMOND J.
STETTLER, H/W,
Appellants
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN BILTRATE, INC.,
AMERICAN STANDARD, INC., BORGWARNER CORPORATION, CBS
CORPORATION, A DELAWARE
CORPORATION, F/K/A VIACOM, INC.,
SUCCESSOR BY MERGER TO CBS
- 24 -
IN THE SUPERIOR COURT OF
PENNSYLVANIA
J-A29003-13
CORPORATION, A PENNSYLVANIA
CORPORATION, F/K/A WESTINGHOUSE
ELECTRIC CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
CONWED CORPORATION, CRANE
COMPANY, CROWN, CORK & SEAL
COMPANY, INC., DAP PRODUCTS,
DOMCO PRODUCTS TEXAS, L.P.,
INDIVIDUALLY AND AS CORPORATE
SUCCESSOR TO TARKETT, AZROCK AND
DOMCO, A DELAWARE CORPORATION,
EATON CORPORATION, AS SUCCESSOR
IN INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC., ELOF
HANSSON, INC., FAIRMONT SUPPLY
COMPANY, FERRO ENGINEERING
DIVISION OF ON MARINE SERVICES
COMPANY, FORD MOTOR COMPANY,
FOSECO, INC., FOSTER-WHEELER
CORPORATION, GENERAL ELECTRIC
COMPANY, GENERAL REFRACTORIES
COMPANY, THE GOODYEAR TIRE &
RUBBER COMPANY, GOULD PUMPS, INC.,
GREEN, TWEED & COMPANY,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO PALMETTO, INC., HOBART
BROTHERS COMPANY, INGERSOLL-RAND
COMPANY, INTERNATIONAL PAPER
COMPANY INDIVIDUALLY AND AS
SUCCESSOR IN INTEREST TO CHAMPION
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP., J.H. FRANCE
REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE
FLOORS, INC., A/K/A KENTILE
OPERATION CO., THE KERITE COMPANY,
A DIVISION OF THE MARMON GROUP,
LLC, THE LINCOLN ELECTRIC COMPANY,
LINDE, LLC, F/K/A THE BOC
GROUP/AIRCO DIVISION, MANNINGTON
MILLS, INC., METROPOLITAN LIFE
INSURANCE COMPANY, INC., MORGAN
ENGINEERING F/D/A MORGAN CRANE,
MORGAN ENGINEERING F/K/A ALLIANCE
- 25 -
J-A29003-13
MACHINES, THE OKONITE COMPANY ,
OWENS-ILLINOIS, INC., F/K/A OWENS
ILLINOIS GLASS CO., P & H MINING
EQUIPMENT, INC., F/K/A
HARNISCHFEGER CORPORATION,
PFIZER, INC., PENNSYLVANIA S & N
INC., READING CRANE & ENGINEERING,
REUNION INDUSTRIES, INC., F/K/A
ALLIANCE MACHINES, RSCC WIRE &
CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SCHNEIDER ELECTRIC USA,
INC. F/K/A/ SQUARE D COMPANY,
SHAWBOX A/K/A LIFT TECH
INTERNATIONAL, A DIVISION OF
MCKINNON CORPORATION, UNION
CARBIDE CHEMICAL & PLASTICS CO.,
INC. F/K/A UNION CARBIDE
CORPORATION, UNIVERSAL
REFRACTORIES, A DIVISION OF THIEM
CORPORATION, WARREN PUMPS, INC.,
WEIL-MCLAIN, WEYERHAEUSER CO.,
Appellees
No. 1296 EDA 2012
Appeal from the Order February 7, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: July Term, 2011, No. 2324
AUDREY SMITH AND SCOTT S. SMITH,
H/W,
Appellants
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN BILTRATE, INC.,
- 26 -
IN THE SUPERIOR COURT OF
PENNSYLVANIA
J-A29003-13
AMERICAN STANDARD, INC., BORGWARNER CORPORATION, CBS
CORPORATION, A DELAWARE
CORPORATION, F/K/A VIACOM, INC.,
SUCCESSOR BY MERGER TO CBS
CORPORATION, A PENNSYLVANIA
CORPORATION, F/K/A WESTINGHOUSE
ELECTRIC CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
CONWED CORPORATION, CRANE
COMPANY, CROWN, CORK & SEAL
COMPANY, INC., DAP PRODUCTS,
DOMCO PRODUCTS TEXAS, L.P.,
INDIVIDUALLY AND AS CORPORATE
SUCCESSOR TO TARKETT, AZROCK AND
DOMCO, A DELAWARE CORPORATION,
EATON CORPORATION, AS SUCCESSOR
IN INTEREST TO CUTLER-HAMMER, INC.,
FAIRMONT SUPPLY CO. F/K/A MONTFAIR
INDUSTRIAL SUPPLIERS CO. F/K/A
FAIRMONT MACHINERY CO., FERRO
ENGINEERING DIVISION OF ON MARINE
SERVICES COMPANY, FORD MOTOR
COMPANY, FOSECO, INC., FOSTERWHEELER CORPORATION, GENERAL
ELECTRIC COMPANY, GENERAL
REFRACTORIES COMPANY, GREEN,
TWEED & COMPANY, INDIVIDUALLY AND
AS SUCCESSOR IN INTEREST TO
PALMETTO, INC., THE GOODYEAR TIRE &
RUBBER CO., GOULD PUMPS, INC.,
HOBART BROTHERS COMPANY,
INGERSOLL-RAND COMPANY,
INTERNATIONAL PAPER COMPANY
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO CHAMPION
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP., J.H. FRANCE
REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE
FLOORS, INC., A/K/A KENTILE
OPERATION CO., THE KERITE COMPANY,
A DIVISION OF THE MARMON GROUP,
LLC, THE LINCOLN ELECTRIC COMPANY,
- 27 -
J-A29003-13
LINDE, LLC, F/K/A THE BOC
GROUP/AIRCO DIVISION, MANNINGTON
MILLS, INC., METROPOLITAN LIFE
INSURANCE COMPANY, INC., MORGAN
ENGINEERING F/D/A MORGAN CRANE,
MORGAN ENGINEERING F/K/A ALLIANCE
MACHINES, THE OKONITE COMPANY, P
& H MINING EQUIPMENT, INC., F/K/A
HARNISCHFEGER CORPORATION,
PFIZER, INC., READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES, RSCC
WIRE & CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SCHNEIDER ELECTRIC USA,
INC. F/K/A/ SQUARE D COMPANY,
SHAWBOX A/K/A LIFT TECH
INTERNATIONAL, A DIVISION OF
MCKINNON CORPORATION, UNION
CARBIDE CHEMICAL & PLASTICS CO.,
INC. F/K/A UNION CARBIDE
CORPORATION, UNIVERSAL
REFRACTORIES, A DIVISION OF THIEM
CORPORATION, WARREN PUMPS, INC.,
WEIL-MCLAIN, WEYERHAEUSER CO.,
Appellees
No. 1315 EDA 2012
Appeal from the Order February 7, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: July Term, 2011, No. 01915
ROBERT HORNAK,
IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
- 28 -
J-A29003-13
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN BILTRATE, INC.,
AMERICAN STANDARD, INC., ASBESTOS
CORPORATION LIMITED, BELL
ASBESTOS MINES, LTD., BORG-WARNER
CORPORATION, CBS CORPORATION, A
DELAWARE CORPORATION, F/K/A
VIACOM, INC., SUCCESSOR BY MERGER
TO CBS CORPORATION, A
PENNSYLVANIA CORPORATION, F/K/A
WESTINGHOUSE ELECTRIC
CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
CONWED CORPORATION, COOPER
INDUSTRIES, CRANE COMPANY, CROWN,
CORK & SEAL COMPANY, INC., DAP
PRODUCTS, DOMCO PRODUCTS TEXAS,
L.P., INDIVIDUALLY AND AS CORPORATE
SUCCESSOR TO TARKETT, AZROCK AND
DOMCO, EATON CORPORATION, AS
SUCCESSOR IN INTEREST TO CUTLERHAMMER, INC., N/K/A EATON
ELECTRICAL, INC., ELOF HANSSON,
INC., FAIRMONT SUPPLY CO. F/K/A
MONTFAIR INDUSTRIAL SUPPLIERS CO.
F/K/A FAIRMONT MACHINERY CO.,
FERRO ENGINEERING DIVISION OF ON
MARINE SERVICES COMPANY, FORD
MOTOR COMPANY, FOSECO, INC.,
FOSTER-WHEELER CORPORATION,
GENERAL ELECTRIC COMPANY, GENERAL
REFRACTORIES COMPANY, GREEN,
TWEED & COMPANY, INDIVIDUALLY AND
AS SUCCESSOR IN INTEREST TO
PALMETTO, INC., THE GOODYEAR TIRE &
RUBBER CO., GOULD PUMPS, INC.,
HOBART BROTHERS COMPANY,
INGERSOLL-RAND COMPANY,
INTERNATIONAL PAPER COMPANY,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO CHAMPION
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP., J.H. FRANCE
REFRACTORIES CO., KEELER/DORR- 29 -
J-A29003-13
OLIVER BOILER COMPANY, KENTILE
FLOORS, INC., A/K/A KENTILE
OPERATION CO., THE KERITE COMPANY,
THE LINCOLN ELECTRIC COMPANY,
LINDE, LLC, F/K/A THE BOC
GROUP/AIRCO DIVISION, MANNINGTON
MILLS, INC., METROPOLITAN LIFE
INSURANCE COMPANY, INC., MORGAN
ENGINEERING F/D/A MORGAN CRANE,
MORGAN ENGINEERING F/K/A ALLIANCE
MACHINES, NORCA INDUSTRIAL
COMPANY, LLC, THE OKONITE
COMPANY, P & H MINING EQUIPMENT,
INC., F/K/A HARNISCHFEGER
CORPORATION, PFIZER, INC., PNEUMO
ABEX CORPORATION F/K/A ABEX
CORPORATION, READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES, RSCC
WIRE & CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SCHNEIDER ELECTRIC
COMPANY, INC., F/K/A/ SQUARE D
COMPANY, SHAWBOX A/K/A LIFT TECH
INTERNATIONAL, A DIVISION OF
MCKINNON CORPORATION, UNION
CARBIDE CHEMICAL & PLASTICS CO.,
INC. F/K/A UNION CARBIDE
CORPORATION, UNIVERSAL
REFRACTORIES, A DIVISION OF THIEM
CORPORATION, WARREN PUMPS, INC.,
WEIL-MCLAIN, AND WEYERHAEUSER
CO.,
Appellees
No. 1515 EDA 2012
Appeal from the Order February 7, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: July Term, 2011, No. 01915
RANDY S. BECKER, EXECUTOR FOR THE
- 30 -
IN THE SUPERIOR COURT OF
J-A29003-13
ESTATE OF ALBERT C. BECKER,
PENNSYLVANIA
Appellant
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN BILTRATE, INC.,
BORG-WARNER CORPORATION, CBS
CORPORATION, A DELAWARE
CORPORATION, F/K/A VIACOM, INC.,
SUCCESSOR BY MERGER TO CBS
CORPORATION, A PENNSYLVANIA
CORPORATION, F/K/A WESTINGHOUSE
ELECTRIC CORPORATION, CERTAINTEED
CORPORATION, CONWED
CORPORATION, COOPER INDUSTRIES,
CRANE COMPANY, CROWN, CORK &
SEAL COMPANY, INC., DAP PRODUCTS,
DOMCO PRODUCTS TEXAS, L.P.,
INDIVIDUALLY AND AS CORPORATE
SUCCESSOR TO TARKETT, AZROCK AND
DOMCO, EATON CORPORATION, AS
SUCCESSOR IN INTEREST TO CUTLERHAMMER, INC., N/K/A EATON
ELECTRICAL, INC., FAIRMONT SUPPLY
CO. F/K/A MONTFAIR INDUSTRIAL
SUPPLIERS CO. F/K/A FAIRMONT
MACHINERY CO., FERRO ENGINEERING
DIVISION OF ON MARINE SERVICES
COMPANY, FORD MOTOR COMPANY,
FOSECO, INC., FOSTER-WHEELER
CORPORATION, GEORGIA-PACIFIC
CORPORATION, GENERAL ELECTRIC
COMPANY, GENERAL REFRACTORIES
COMPANY, GREEN, TWEED & COMPANY,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO PALMETTO, INC.,
GOODRICH CORPORATION, THE
GOODYEAR TIRE & RUBBER CO., GOULD
PUMPS, INC., HOBART BROTHERS
- 31 -
J-A29003-13
COMPANY, INGERSOLL-RAND COMPANY,
INTERNATIONAL PAPER COMPANY,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO CHAMPION
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP., J.H. FRANCE
REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE
FLOORS, INC., A/K/A KENTILE
OPERATION CO., THE KERITE COMPANY,
THE LINCOLN ELECTRIC COMPANY,
LINDE, LLC, F/K/A THE BOC
GROUP/AIRCO DIVISION, MANNINGTON
MILLS, INC., METROPOLITAN LIFE
INSURANCE COMPANY, INC., MORGAN
ENGINEERING F/D/A MORGAN CRANE,
MORGAN ENGINEERING F/K/A ALLIANCE
MACHINES, NORCA INDUSTRIAL
COMPANY, LLC, THE OKONITE
COMPANY, OWEN ILLINOIS, INC., F/K/A
OWENS ILLINOIS GLASS CO., P & H
MINING EQUIPMENT, INC., F/K/A
HARNISCHFEGER CORPORATION,
PFIZER, INC., PNEUMO ABEX
CORPORATION F/K/A ABEX
CORPORATION, READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES, RSCC
WIRE & CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SCHNEIDER ELECTRIC
COMPANY, INC., F/K/A/ SQUARE D
COMPANY, SHAWBOX A/K/A LIFT TECH
INTERNATIONAL, A DIVISION OF
MCKINNON CORPORATION, UNION
CARBIDE CHEMICAL & PLASTICS CO.,
INC. F/K/A UNION CARBIDE
CORPORATION, UNIVERSAL
REFRACTORIES, A DIVISION OF THIEM
CORPORATION, WARREN PUMPS, INC.,
WEIL-MCLAIN, AND WEYERHAEUSER
CO.,
Appellees
No. 1565 EDA 2012
- 32 -
J-A29003-13
Appeal from the Order May 8, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: January Term, 2012, No. 2935
DALE H. HUSEMAN AND LOIS A.
HUSEMAN, HUSBAND AND WIFE,
IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellants
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN BILTRATE, INC.,
AMERICAN STANDARD, INC., BORG
WARNER MORSE TEC, CBS
CORPORATION, A DELAWARE
CORPORATION, F/K/A VIACOM, INC.,
SUCCESSOR BY MERGER TO CBS
CORPORATION, A PENNSYLVANIA
CORPORATION, F/K/A WESTINGHOUSE
ELECTRIC CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
COLUMBUS MCKINNON CORPORATION
F/K/A SHAWBOX, CONWED
CORPORATION, COOPER INDUSTRIES,
CRANE COMPANY, CROWN, CORK &
SEAL COMPANY, INC., DOMCO
PRODUCTS TEXAS, L.P., INDIVIDUALLY
AND AS CORPORATE SUCCESSOR TO
TARKETT, AZROCK AND DOMCO, A
DELAWARE CORPORATION, EATON
CORPORATION, AS SUCCESSOR IN
INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC., ELOF
HANSSON, INC., FAIRMONT SUPPLY CO.
FERRO ENGINEERING DIVISION OF ON
MARINE SERVICES COMPANY, FORD
- 33 -
J-A29003-13
MOTOR COMPANY, FOSECO, INC.,
FOSTER-WHEELER CORPORATION,
GENERAL ELECTRIC COMPANY, GENERAL
REFRACTORIES COMPANY, GEORGIAPACIFIC CORPORATION, THE GOODYEAR
TIRE & RUBBER COMPANY, GOULD
PUMPS, INC., GREEN, TWEED &
COMPANY, INDIVIDUALLY AND AS
SUCCESSOR IN INTEREST TO
PALMETTO, INC., HOBART BROTHERS
COMPANY, INGERSOLL-RAND COMPANY,
INTERNATIONAL PAPER COMPANY,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO CHAMPION
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP., J.H. FRANCE
REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE
FLOORS, INC., A/K/A KENTILE
OPERATION CO., THE KERITE COMPANY,
A DIVISION OF THE MARMON GROUP,
LLC, THE LINCOLN ELECTRIC COMPANY,
LINDE, LLC, F/K/A THE BOC
GROUP/AIRCO DIVISION, MANNINGTON
MILLS, INC., METROPOLITAN LIFE
INSURANCE COMPANY, INC., MORGAN
ENGINEERING F/D/A MORGAN CRANE,
MORGAN ENGINEERING SYSTEMS, INC.,
AS SUCCESSOR IN INTEREST TO
ALLIANCE MACHINE COMPANY, NORCA
INDUSTRIAL COMPANY, LLC, THE
OKONITE COMPANY, OWEN ILLINOIS,
INC., F/K/A OWENS ILLINOIS GLASS
CO., P & H MINING EQUIPMENT, INC.,
F/K/A HARNISCHFEGER CORPORATION,
PFIZER, INC., PNEUMO ABEX
CORPORATION, READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES, RSCC
WIRE & CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SCHNEIDER ELECTRIC
COMPANY, INC., F/K/A/ SQUARE D
COMPANY, UNION CARBIDE CHEMICAL &
- 34 -
J-A29003-13
PLASTICS CO., INC. F/K/A UNION
CARBIDE CORPORATION, UNIVERSAL
REFRACTORIES, A DIVISION OF THIEM
CORPORATION, WARREN PUMPS, INC.,
WEIL-MCLAIN, AND WEYERHAEUSER
CO.,
Appellees
No. 2455 EDA 2012
Appeal from the Order July 19, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: April Term, 2012, No. 04219
DENISE PATTON, PERSONAL
REPRESENTATIVE FOR THE ESTATE OF
JOHN D. SPEVAK, DECEASED,
Appellant
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN BILTRATE, INC.,
AMERICAN STANDARD, INC., BORG
WARNER MORSE TEC, CBS
CORPORATION, A DELAWARE
CORPORATION, F/K/A VIACOM, INC.,
SUCCESSOR BY MERGER TO CBS
CORPORATION, A PENNSYLVANIA
CORPORATION, F/K/A WESTINGHOUSE
ELECTRIC CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
COLUMBUS MCKINNON CORPORATION
F/K/A SHAWBOX, CONWED
CORPORATION, COOPER INDUSTRIES,
CRANE COMPANY, CROWN, CORK &
SEAL COMPANY, INC., DOMCO
PRODUCTS TEXAS, L.P., INDIVIDUALLY
- 35 -
IN THE SUPERIOR COURT OF
PENNSYLVANIA
J-A29003-13
AND AS CORPORATE SUCCESSOR TO
TARKETT, AZROCK AND DOMCO, A
DELAWARE CORPORATION, EATON
CORPORATION, AS SUCCESSOR IN
INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC., ELOF
HANSSON, INC., FAIRMONT SUPPLY CO.
FERRO ENGINEERING DIVISION OF ON
MARINE SERVICES COMPANY, FORD
MOTOR COMPANY, FOSECO, INC.,
FOSTER-WHEELER CORPORATION,
GENERAL ELECTRIC COMPANY, GENERAL
REFRACTORIES COMPANY, GEORGIAPACIFIC CORPORATION, GOODRICH
CORPORATION, THE GOODYEAR TIRE &
RUBBER COMPANY, GOULD PUMPS, INC.,
GREEN, TWEED & COMPANY,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO PALMETTO, INC., HOBART
BROTHERS COMPANY, INGERSOLL-RAND
COMPANY, INTERNATIONAL PAPER
COMPANY, INDIVIDUALLY AND AS
SUCCESSOR IN INTEREST TO CHAMPION
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP., J.H. FRANCE
REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE
FLOORS, INC., A/K/A KENTILE
OPERATION CO., THE KERITE COMPANY,
A DIVISION OF THE MARMON GROUP,
LLC, THE LINCOLN ELECTRIC COMPANY,
LINDE, LLC, F/K/A THE BOC
GROUP/AIRCO DIVISION, MANNINGTON
MILLS, INC., METROPOLITAN LIFE
INSURANCE COMPANY, INC., MORGAN
ENGINEERING F/D/A MORGAN CRANE,
MORGAN ENGINEERING SYSTEMS, INC.,
AS SUCCESSOR IN INTEREST TO
ALLIANCE MACHINE COMPANY, NORCA
INDUSTRIAL COMPANY, LLC, THE
OKONITE COMPANY, OWENS ILLINOIS,
INC., F/K/A OWENS ILLINOIS GLASS
CO., P & H MINING EQUIPMENT, INC.,
F/K/A HARNISCHFEGER CORPORATION,
- 36 -
J-A29003-13
PFIZER, INC., PNEUMO ABEX
CORPORATION, READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES, RSCC
WIRE & CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SCHNEIDER ELECTRIC
COMPANY, INC., F/K/A/ SQUARE D
COMPANY, UNION CARBIDE CHEMICAL &
PLASTICS CO., INC. F/K/A UNION
CARBIDE CORPORATION, UNIVERSAL
REFRACTORIES, A DIVISION OF THIEM
CORPORATION, WARREN PUMPS, INC.,
WEIL-MCLAIN, AND WEYERHAEUSER
CO.,
Appellees
No. 2504 EDA 2012
Appeal from the Order July 12, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: March Term, 2012, No. 3753
PAUL C. CAWLEY AND KAREN L.
CAWLEY, HUSBAND AND WIFE,,
IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellants
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN BILTRATE, INC.,
AMERICAN STANDARD, INC., ASBESTOS
CORPORATION LIMITED, BELL
ASBESTOS MINES, LTD., BORG WARNER
MORSE TEC, CBS CORPORATION, A
DELAWARE CORPORATION, F/K/A
VIACOM, INC., SUCCESSOR BY MERGER
TO CBS CORPORATION, A
- 37 -
J-A29003-13
PENNSYLVANIA CORPORATION, F/K/A
WESTINGHOUSE ELECTRIC
CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
CONWED CORPORATION, COOPER
INDUSTRIES, INC., CRANE COMPANY,
CROWN, CORK & SEAL COMPANY, INC.,
C.S.R. LIMITED D/B/A COLONIAL SUGAR
REFINING, LTD., DOMCO PRODUCTS
TEXAS, L.P., INDIVIDUALLY AND AS
CORPORATE SUCCESSOR TO TARKETT,
AZROCK AND DOMCO, A DELAWARE
CORPORATION, EATON CORPORATION,
AS SUCCESSOR IN INTEREST TO
CUTLER-HAMMER, INC., N/K/A EATON
ELECTRICAL, INC., ELOF HANSSON,
INC., FAIRMONT SUPPLY CO. FERRO
ENGINEERING DIVISION OF ON MARINE
SERVICES COMPANY, FORD MOTOR
COMPANY, FOSECO, INC., FOSTERWHEELER CORPORATION, GENERAL
ELECTRIC COMPANY, GENERAL
REFRACTORIES COMPANY, GEORGIAPACIFIC CORPORATION, GOODRICH
CORPORATION, THE GOODYEAR TIRE &
RUBBER COMPANY, GOULD PUMPS, INC.,
GREEN, TWEED & COMPANY,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO PALMETTO, INC., HOBART
BROTHERS COMPANY, INGERSOLL-RAND
COMPANY, INTERNATIONAL PAPER
COMPANY, INDIVIDUALLY AND AS
SUCCESSOR IN INTEREST TO CHAMPION
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP., J.H. FRANCE
REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE
FLOORS, INC., A/K/A KENTILE
OPERATION CO., THE KERITE COMPANY,
A DIVISION OF THE MARMON GROUP,
LLC, THE LINCOLN ELECTRIC COMPANY,
LINDE, LLC, F/K/A THE BOC
GROUP/AIRCO DIVISION, MANNINGTON
MILLS, INC., METROPOLITAN LIFE
- 38 -
J-A29003-13
INSURANCE COMPANY, INC., MORGAN
CRANE, MORGAN ENGINEERING
SYSTEMS, INC., AS SUCCESSOR IN
INTEREST TO ALLIANCE MACHINE
COMPANY, NORCA INDUSTRIAL
COMPANY, LLC, THE OKONITE
COMPANY, P & H MINING EQUIPMENT,
INC., F/K/A HARNISCHFEGER
CORPORATION, PFIZER, INC., PNEUMO
ABEX CORPORATION, READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES, RSCC
WIRE & CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SCHNEIDER ELECTRIC USA,
INC., F/K/A/ SQUARE D COMPANY,
SHAWBOX A/K/A LIFT TECH
INTERNATIONAL, A DIVISION OF
MCKINNON CORP., UNION CARBIDE
CHEMICAL & PLASTICS CO., INC. F/K/A
UNION CARBIDE CORPORATION,
UNIVERSAL REFRACTORIES, A DIVISION
OF THIEM CORPORATION, WARREN
PUMPS, INC., WEIL-MCLAIN, AND
WEYERHAEUSER CO.,
Appellees
No. 2779 EDA 2012
Appeal from the Order September 5, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: 00394 April Term 2012
KATHLEEN F. MOLNAR, PERSONAL
REPRESENTATIVE FOR THE ESTATE OF
FRANK J. MOLNAR AND KATHLEEN F.
MOLNAR, IN HER OWN RIGHT, HIS
WIFE,
Appellant
v.
- 39 -
IN THE SUPERIOR COURT OF
PENNSYLVANIA
J-A29003-13
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN BILTRATE, INC.,
AMERICAN STANDARD, INC., BORG
WARNER MORSE TEC, CBS
CORPORATION, A DELAWARE
CORPORATION, F/K/A VIACOM, INC.,
SUCCESSOR BY MERGER TO CBS
CORPORATION, A PENNSYLVANIA
CORPORATION, F/K/A WESTINGHOUSE
ELECTRIC CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
COLUMBUS MCKINNON CORPORATION,
CONWED CORPORATION, COOPER
CROUSE-HINDS, COOPER INDUSTRIES,
INC., CRANE COMPANY, CROWN, CORK
& SEAL COMPANY, INC., DOMCO
PRODUCTS TEXAS, L.P., INDIVIDUALLY
AND AS CORPORATE SUCCESSOR TO
TARKETT, AZROCK AND DOMCO, A
DELAWARE CORPORATION, EATON
CORPORATION, AS SUCCESSOR IN
INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC., ELOF
HANSSON, INC., FAIRMONT SUPPLY CO.
FERRO ENGINEERING DIVISION OF ON
MARINE SERVICES COMPANY, FORD
MOTOR COMPANY, FOSECO, INC.,
FOSTER-WHEELER CORPORATION,
GENERAL ELECTRIC COMPANY, GENERAL
REFRACTORIES COMPANY, GEORGIAPACIFIC LLC, GOODRICH CORPORATION,
THE GOODYEAR TIRE & RUBBER
COMPANY, GOULD PUMPS, INC., GREEN,
TWEED & COMPANY, INDIVIDUALLY AND
AS SUCCESSOR IN INTEREST TO
PALMETTO, INC., HOBART BROTHERS
COMPANY, INGERSOLL-RAND COMPANY,
INTERNATIONAL PAPER COMPANY,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO CHAMPION
- 40 -
J-A29003-13
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP., J.H. FRANCE
REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE
FLOORS, INC., A/K/A KENTILE
OPERATION CO., THE KERITE COMPANY,
A DIVISION OF THE MARMON GROUP,
LLC, THE LINCOLN ELECTRIC COMPANY,
LINDE, LLC, F/K/A THE BOC
GROUP/AIRCO DIVISION, MANNINGTON
MILLS, INC., METROPOLITAN LIFE
INSURANCE COMPANY, INC., MORGAN
ENGINEERING F/K/A MORGAN CRANE,
MORGAN ENGINEERING SYSTEMS, INC.,
AS SUCCESSOR IN INTEREST TO
ALLIANCE MACHINE COMPANY, NORCA
INDUSTRIAL COMPANY, LLC, THE
OKONITE COMPANY, P & H MINING
EQUIPMENT, INC., F/K/A
HARNISCHFEGER CORPORATION,
PFIZER, INC., PNEUMO ABEX
CORPORATION, READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES, RSCC
WIRE & CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A SQUARE D.
COMPANY, UNION CARBIDE CHEMICAL &
PLASTICS CO., INC. F/K/A UNION
CARBIDE CORPORATION, UNIVERSAL
REFRACTORIES, A DIVISION OF THIEM
CORPORATION, WARREN PUMPS, INC.,
WEIL-MCLAIN, AND WEYERHAEUSER
CO.,
Appellees
No. 2789 EDA 2012
Appeal from the Order September 5, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: 02307 May Term 2012
ROBERT R. FRABLE,
IN THE SUPERIOR COURT OF
- 41 -
J-A29003-13
PENNSYLVANIA
Appellant
v.
ALLIED SIGNAL, INC., A. W.
CHESTERTON COMPANY, AIR AND
LIQUID SYSTEMS CORPORATION AS
SUCCESSOR BY MERGER TO BUFFALO
PUMPS, AMERICAN BILTRATE, INC.,
BORG WARNER MORSE TEC, CBS
CORPORATION, A DELAWARE
CORPORATION, F/K/A VIACOM, INC.,
SUCCESSOR BY MERGER TO CBS
CORPORATION, A PENNSYLVANIA
CORPORATION, F/K/A WESTINGHOUSE
ELECTRIC CORPORATION, CERTAINTEED
CORPORATION, CLEAVER BROOKS, INC.,
COLUMBUS MCKINNON CORPORATION,
F/K/A SHAWBOX, CONWED
CORPORATION, COOPER CROUSEHINDS, COOPER INDUSTRIES, INC.,
CRANE COMPANY, CROWN, CORK &
SEAL COMPANY, INC., DOMCO
PRODUCTS TEXAS, L.P., INDIVIDUALLY
AND AS CORPORATE SUCCESSOR TO
TARKETT, AZROCK AND DOMCO, A
DELAWARE CORPORATION, EATON
CORPORATION, AS SUCCESSOR IN
INTEREST TO CUTLER-HAMMER, INC.,
N/K/A EATON ELECTRICAL, INC., ELOF
HANSSON, INC., FAIRMONT SUPPLY CO.
FERRO ENGINEERING DIVISION OF ON
MARINE SERVICES COMPANY, FORD
MOTOR COMPANY, FOSECO, INC.,
FOSTER-WHEELER CORPORATION,
GENERAL ELECTRIC COMPANY, GENERAL
REFRACTORIES COMPANY, GEORGIAPACIFIC LLC, GOODRICH CORPORATION,
THE GOODYEAR TIRE & RUBBER
COMPANY, GOULD PUMPS, INC., GREEN,
TWEED & COMPANY, INDIVIDUALLY AND
AS SUCCESSOR IN INTEREST TO
PALMETTO, INC., HOBART BROTHERS
- 42 -
J-A29003-13
COMPANY, INGERSOLL-RAND COMPANY,
INTERNATIONAL PAPER COMPANY,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO CHAMPION
INTERNATIONAL CORPORATION AND
U.S. PLYWOOD CORP., J.H. FRANCE
REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE
FLOORS, INC., A/K/A KENTILE
OPERATION CO., THE KERITE COMPANY,
A DIVISION OF THE MARMON GROUP,
LLC, THE LINCOLN ELECTRIC COMPANY,
LINDE, LLC, F/K/A THE BOC
GROUP/AIRCO DIVISION, MANNINGTON
MILLS, INC., METROPOLITAN LIFE
INSURANCE COMPANY, INC., MORGAN
ENGINEERING F/K/A MORGAN CRANE,
MORGAN ENGINEERING SYSTEMS, INC.,
AS SUCCESSOR IN INTEREST TO
ALLIANCE MACHINE COMPANY, NORCA
INDUSTRIAL COMPANY, LLC, THE
OKONITE COMPANY, OWENS ILLINOIS,
INC., F/K/A ILLINOIS GLASS CO., P & H
MINING EQUIPMENT, INC., F/K/A
HARNISCHFEGER CORPORATION,
PFIZER, INC., PNEUMO ABEX
CORPORATION, READING CRANE &
ENGINEERING, REUNION INDUSTRIES,
INC., F/K/A ALLIANCE MACHINES, RSCC
WIRE & CABLE, INC., SAINT-GOBAIN
ABRASIVES, INC., F/K/A NORTON
COMPANY, SCHNEIDER ELECTRIC USA,
INC., F/K/A SQUARE D. COMPANY,
TRANE US, INC., UNION CARBIDE
CHEMICAL & PLASTICS CO., INC. F/K/A
UNION CARBIDE CORPORATION,
UNIVERSAL REFRACTORIES, A DIVISION
OF THIEM CORPORATION, WARREN
PUMPS, INC., WEIL-MCLAIN, AND
WEYERHAEUSER CO.,
Appellees
No. 2792 EDA 2012
- 43 -
J-A29003-13
Appeal from the Order September 5, 2012
In the Court of Common Pleas of Philadelphia County
Civil Division at No.: 02835 May Term 2012
BEFORE: GANTMAN, J., SHOGAN, J., and PLATT, J.*
MEMORANDUM BY PLATT, J.
FILED JANUARY 21, 2014
In this consolidated appeal, Appellants, plaintiffs in the underlying
personal injury cases, allege asbestos-related cancers.
Appellees are
defendants in the litigation, which was filed in the Court of Common Pleas of
Philadelphia County and assigned to the Mass Tort Program.
Appellants
challenge the trial court’s orders granting Appellees’ motions to transfer
venue to Northampton County on the basis of forum non conveniens.
Appellants allege the trial court abused its discretion because Appellees
failed to meet their burden of proof. Also, specific to the case of Stettler v.
Allied Signal, Appellants assert that the trial court abused its discretion by
ordering that the case be coordinated with the prior ongoing case filed by
Plaintiff/Appellant Joyce M. Stettler’s husband in Northampton County. We
conclude the trial court did not abuse its discretion. Accordingly, we affirm.
The facts directly relevant to this appeal are not in substantial dispute.
The individual cases arise out of claims alleging primary occupational
exposure to asbestos in the workplace, mainly at Bethlehem Steel, and
secondary exposure of workers’ family members to asbestos fibers at home,
____________________________________________
*
Retired Senior Judge assigned to the Superior Court.
- 44 -
J-A29003-13
e.g., in the clothing of the workers.1 (See Trial Court Opinion, 7/16/12, at
1-2). No Appellants live in Philadelphia; most live in Northampton County or
in adjacent Lehigh and Carbon counties.
(See id.; see also Appellants’
Brief, at 14). Notably, a parallel set of cases, for the most part involving the
same parties, the same allegations, and the same counsel, is proceeding in
Northampton County. The chief distinction is that most of the cases filed in
Northampton County involve non-malignancies, while the cases filed in
Philadelphia County involve malignancies.
On January 12, 2012, Hobart Brothers Company and other defendants,
all Appellees in this appeal, filed motions to transfer certain cases to
Northampton County based on the doctrine of forum non conveniens.
Appellees argued that venue in Philadelphia County was inconvenient,
vexatious and oppressive because the actions do not in any way involve or
relate to Philadelphia, other than the fact that several of the defendants did
other business in Philadelphia unrelated to the underlying litigation.
(See
Trial Ct. Op., 7/16/12, at 2). Because most Appellants resided, worked, and
sought medical treatment in Northampton County or adjacent counties,
Appellees contended that venue in Northampton County would provide
easier access to witnesses, work sites, and medical records.
____________________________________________
1
All plaintiffs in these cases were represented by the law firm of Peter G.
Angelos, P.C., Bethlehem office.
The Angelos law firm continues to
represent Appellants as co-counsel in this appeal.
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Furthermore, Appellees noted that Appellants had already filed
numerous
related
asbestos
Northampton County.
cases,
involving
non-malignancies,
in
At argument, counsel for Appellants candidly
conceded the plaintiffs chose Philadelphia for the malignancy cases based on
counsel’s perception that Philadelphia juries would generally be more
sympathetic to plaintiffs than juries might be in Northampton County. (See
Trial Ct. Op., 7/16/12, at 3).
After oral argument on February 6, 2012, the trial court, in a series of
orders, granted the motions.
The court denied Appellants’ motion for
reconsideration on March 6, 2012.
The court granted similar motions to
transfer on March 20, 2012; July 11, 2012; July 17, 2012; and September 4,
2012. These timely appeals followed.2
Appellants raise two issues for our review:
1.
Did the trial court abuse its discretion in failing to
require that [Appellees]
as a precondition to forum non
conveniens transfer
demonstrate with detailed information
on the record, that [Appellants’] chosen forum is oppressive or
vexatious to [Appellees]?
2.
With respect only to Stettler v. Allied Signal, et
al., 1296 EDA 2012, did the trial court abuse its discretion in,
sua sponte, ordering pursuant to Pa.R.C.P. 213.1 that this case
____________________________________________
“An appeal may be taken as of right from an order in a civil action or
proceeding changing venue, transferring the matter to another court of
coordinate jurisdiction, or declining to proceed in the matter on the basis of
forum non conveniens or analogous principles.” Pa.R.A.P. 311(c).
2
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be coordinated with a prior action by [Appellant’s] husband in
Northampton County?
(Appellants’ Brief, at 13) (emphasis in original).
In their first issue, Appellants argue, inter alia, that Appellees had the
burden to demonstrate with detailed information on the record that their
chosen forum, Philadelphia, is oppressive and vexatious, citing Cheeseman
v. Lethal Exterminator, Inc., 701 A.2d 156, 162 (Pa. 1997). (See id. at
29-30).
They contend that Appellees did not, and cannot, satisfy this
“onerous burden.” (Id. at 30). We disagree.
Our standard of review for an order transferring venue is well-settled.
“[T]he trial court’s decision on whether to transfer venue is not to be
disturbed absent an abuse of its discretion.”
Cheeseman, supra at 159
(citing Purcell v. Bryn Mawr Hospital, 579 A.2d 1282 (Pa. 1990)).
Our review is also guided by the following standards and legal
principles:
Initially, we reiterate our old rule that corporations have a
constitutional right to seek a change of venue. [Pennsylvania
Rule of Civil Procedure] 1006(d)(1) vests the trial court with
considerable discretion in determining whether or not to grant a
petition for change of venue, and the standard of review is one
of abuse of discretion. Only in such a case will the order be
disturbed. The applicant bears the burden of proving that a
change of venue is necessary, while a plaintiff generally is given
the choice of forum so long as the requirements of personal and
subject matter jurisdiction are satisfied.
Purcell, supra at 1284 (citations omitted) (emphasis added).
Although a plaintiff, as a rule, may chose the forum in
which to bring suit, that right is not absolute. Rule 1006 not
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only articulates where the plaintiff may bring the action, but also
provides three distinct bases upon which a defendant may
challenge the plaintiff’s chosen forum: improper venue by
preliminary objection, forum non conveniens, and inability to
hold a fair and impartial trial.
Zappala v. Brandolini Prop. Mgmt., Inc., 909 A.2d 1272, 1281 (Pa.
2006).
“The doctrine of forum non conveniens is that a court may resist
imposition upon its jurisdiction, even when jurisdiction is authorized by the
letter of a general venue statute, and dismiss the case.”
Cheeseman,
supra at 160 n.3 (citing Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 506
(1947)).
Pennsylvania Rule of Civil Procedure 1006(d)(1) provides:
For the convenience of parties and witnesses the court
upon petition of any party may transfer an action to the
appropriate court of any other county where the action could
originally have been brought.
Pa.R.C.P. 1006(d)(1).
Substantively, the doctrine of forum non conveniens provides
that a court may resist imposition upon its jurisdiction, even
when jurisdiction is authorized by the letter of a general venue
statute. See Cheeseman, [supra at] 160[ ]. When addressing
a petition to transfer venue pursuant to Rule 1006(d), a trial
court, giving the required deference to plaintiff’s chosen forum,
is faced with the question of whether a transfer of venue of [a]
properly filed action to a court in another county is appropriate.
Id. at 161. In Cheeseman, we held that a petition to transfer
venue pursuant to Rule 1006(d)(1) “should not be granted
unless the defendant meets its burden of demonstrating, with
detailed information on the record, that the plaintiff’s chosen
forum is oppressive or vexatious to the defendant.” Id. at 162.
The defendant may show that the plaintiff’s choice of forum is
vexatious by:
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establishing with facts on the record that the plaintiff’s
choice of forum was designed to harass the defendant,
even at some inconvenience to the plaintiff himself.
Alternatively, the defendant may meet his burden by
establishing on the record that trial in the chosen forum is
oppressive to him; for instance, that trial in another county
would provide easier access to witnesses or other sources
of proof, or to the ability to conduct a view of premises
involved in the dispute. But, we stress that the defendant
must show more than that the chosen forum is merely
inconvenient to him.
Id. Unlike the analysis implicated by Rule 1006(e), a Rule
1006(d)(1) motion has little to do with whether the
plaintiff’s choice of forum is technically proper at the
outset, because even if it is, the trial court is still vested
with discretion to transfer the action to another county if
the defendant meets his burden of proving that the forum
is oppressive or vexatious.
*
*
*
An analysis pursuant to this doctrine [forum non conveniens]
implicitly vests considerable discretion in the trial court to
balance the arguments of the parties, consider the level of
prior court involvement, and consider whether the forum
was designed to harass the defendant. Cheeseman, 701
A.2d at 162.
Zappala, supra at 1283 (emphases added).
The trial court must “articulate a specific basis upon which [an
appellate court] may conclude that Appellees have demonstrated that trial in
another county would provide easier access to witnesses or other sources of
proof.” Scola v. AC & S, Inc., 657 A.2d 1234, 1241-42 (Pa. 1995).
[U]nder this Scola test, the defendant may meet its burden of
showing that the plaintiff’s choice of forum is vexatious to him by
establishing with facts on the record that the plaintiff’s choice of
forum was designed to harass the defendant, even at some
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inconvenience to the plaintiff himself.
Alternatively, the
defendant may meet his burden by establishing on the
record that trial in the chosen forum is oppressive to him;
for instance, that trial in another county would provide
easier access to witnesses or other sources of proof, or to
the ability to conduct a view of premises involved in the
dispute. But, we stress that the defendant must show more
than that the chosen forum is merely inconvenient to him.
Cheeseman, supra at 162 (citation and footnote omitted) (emphasis
added). Furthermore,
A trial court’s ruling on venue will not be disturbed if the decision
is reasonable in light of the facts. A decision to transfer venue
will not be reversed unless the trial court abused its discretion.
A plaintiff’s choice of forum is given great weight, and the
burden is on the party challenging that choice to show it is
improper.
However, if there exists any proper basis for the trial
court’s decision to grant the petition to transfer venue,
the decision must stand.
Schultz v. MMI Prods., Inc., 30 A.3d 1224, 1228 (Pa. Super. 2011)
(citation omitted) (emphasis added).
“The issue before us involves the proper interpretation of a rule. This
is a question of law, and thus, our standard of review is de novo. Our scope
of review, to the extent necessary to resolve the legal question before us is
the entire record, and thus, is plenary.”
Touloumes v. E.S.C. Inc., 899
A.2d 343, 346 n.4 (Pa. 2006) (citations omitted).
“Every rule shall be
construed, if possible, to give effect to all its provisions. When the words of
a rule are clear and free from all ambiguity, the letter of it is not to be
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disregarded under the pretext of pursuing its spirit.” Id. (quoting Pa.R.C.P.
127(b)).
Additionally, Pa.R.C.P. 128 provides as follows:
Presumptions in Ascertaining the Intent of the Supreme
Court
In ascertaining the intention of the Supreme Court in the
promulgation of a rule, the courts may be guided by the
following presumptions among others:
(a) That the Supreme Court does not intend a result that is
absurd, impossible of execution or unreasonable;
(b) That the Supreme Court intends the entire rule or
chapter of rules to be effective and certain;
(c) That the Supreme Court does not intend to violate the
Constitution of the United States or of this Commonwealth;
(d) That if the Supreme Court has construed the language
used in a rule or statute, the Supreme Court in promulgating a
rule on the same subject matter which employs the same
language intends the same construction to be placed upon such
language;
(e) That the Supreme Court intends to favor the public
interest as against any private interest;
(f) That no rule shall be construed to confer a right to trial
by jury where such right does not otherwise exist.
Pa.R.C.P. 128.
Here, Appellants assert that the trial court abused its discretion in its
failure to hold Appellants to the proper burden of proof.
Brief, at 31).
(See Appellants’
Appellants’ chief complaint is that Appellees failed to place
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detailed information on the record to show that their chosen forum,
Philadelphia, was oppressive. (See, e.g., id. at 44, 45).
Notably, Appellants do not dispute that the asbestos exposures
allegedly occurred in Northampton County, nor that the plaintiffs/Appellants
typically reside in Northampton County or adjacent counties. They do not
dispute
that
most
treatment
records
would
be
located
in or
near
Northampton County. Rather, they argue that these factors are not relevant
to transfer analysis. (See id. at 38).
They also contend, albeit somewhat circuitously, that the record is
insufficient to support transfer because “in 18 separate cases, [Appellees]
have proffered not a single affidavit, not a single deposition, nor any piece of
record evidence showing that anyone would be oppressed by litigating these
cases in Philadelphia.”
(Id., at 44).
Aside from merely assuming the
conclusion, this argument fails because Appellants misapprehend our
standard of review, abuse of discretion, and scope of review. “Our scope of
review, to the extent necessary to resolve the legal question before us is the
entire record, and thus, is plenary.”
Touloumes, supra at 346 n.4.
(citations omitted).
A trial court has discretion to determine the lack of need
for further discovery on the issue of venue, and we review its
decision in that regard for abuse of discretion. The court abuses
its discretion if, in resolving the issue for decision, it misapplies
the law, exercises its discretion in a manner lacking reason, or
does not follow legal procedure.
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Deyarmin v. Consolidated Rail Corp., 931 A.2d 1, 7-8 (Pa. Super. 2007),
appeal denied, 948 A.2d 805 (Pa. 2008) (citations, quotation marks and
other punctuation omitted).
Cheeseman and Rule 1006(d) do not require any particular
form of proof. All that is required is that the moving party
present a sufficient factual basis for the petition. The trial court
retains the discretion to determine whether the particular form
of proof presented in support of the petition is sufficient.
Wood v. E.I. du Pont de Nemours & Co., 829 A.2d 707, 714 (Pa. Super.
2003) (en banc), appeal denied, 860 A.2d 124 (Pa. 2004) (citation and
footnote omitted). The Wood Court also specifically refutes the proposition
that there is an “affidavit requirement.” Id. at 714 n.6.
Here, again, the relevant facts are not in dispute.
adequacy is contested.
Only their legal
Moreover, the certified record transmitted to this
Court includes three “bankers’ boxes” of documents filed with and forwarded
by the trial court. It is factually inaccurate to assert that there is a lack of
detailed information on the record. It was the province of the trial court to
assess this record, and determine if it was sufficient to support a transfer
based on forum non conveniens. See id. at 714.
After review, we discern no abuse of discretion in the trial court’s
determination that where the exposure allegedly occurred in Northampton
County, where access to most fact witnesses and evidence, in particular,
medical treatment records, are in, or much closer to, Northampton County,
and where there is ongoing litigation of previously filed, related asbestos
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cases, that “trial in another county would provide easier access to witnesses
or other sources of proof, or to the ability to conduct a view of premises
involved in the dispute.” Cheeseman, supra at 162. Appellants’ first claim
fails.
In the second question, Appellants challenge the order coordinating
Appellant Joyce M. Stettler’s case with the prior case filed by her husband in
Northampton County.
pertains
to
the
trial
(See Appellants’ Brief, at 13).
court’s
order
denying
The claim actually
Plaintiffs’
Motions
for
Reconsideration of the orders granting the motion to transfer. (See Order,
3/06/12). Notably, the trial court’s order directed coordination in all of the
cases subject to the transfer order. In an abbreviated argument, Appellants
contend that the order was procedurally impermissible pursuant to Pa.R.C.P.
213.1. (See Appellants’ Brief, at 45-46). However, our decision affirming
the order transferring all of these cases to Northampton County renders this
issue moot. See Deyarmin, supra at 7 n.8. Transfer makes coordination
with the Philadelphia trial court unnecessary and superfluous.3
____________________________________________
3
Accordingly, we decline to review this claim either on the merits or for
procedural compliance. If we were to review this issue, our standard of
review would be abuse of discretion. See VMB Enterprises, Inc. v. Beroc,
Inc., 891 A.2d 749, 752 (Pa. Super. 2006).
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We conclude that the trial court properly determined that transfer to
Northampton County, where parallel cases were already in progress, would
provide easier access to witnesses or other sources of proof.
Cheeseman, supra at 162.
See
If there exists any proper basis for the trial
court’s decision to grant the petition to transfer venue, the decision must
stand. See Schultz, supra at 1228. Therefore, we conclude that the trial
court did not abuse its discretion, and will affirm the court’s orders of
transfer. Furthermore, if the cases are all transferred, the second question,
challenging the order of coordination, is moot. While our reasoning differs
somewhat from that of the trial court, we may affirm on any basis. See J.J.
DeLuca Co., Inc. v. Toll Naval Assocs., 56 A.3d 402, 419 (Pa. Super.
2012).
Orders affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 1/21/2014
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