Docket Number: 2847 DELAWARE VALLEY RAILWAY COMPANY, INC. Stephen C. Baker, Esquire Stephen R. Harris, Esquire Nancy L. Margolis, Esquire CLOSED VS.

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1 Docket Number: 2847 DELAWARE VALLEY RAILWAY COMPANY, INC. Stephen C. Baker, Esquire Stephen R. Harris, Esquire Nancy L. Margolis, Esquire VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Andrew S. Gordon, Chief Counsel Michael D. Alsher, Assistant Counsel

2 March 15, 1999 Claim and filing fee filed by attorney for Plaintiff. Amount of Claim: in excess of $ March 19, 1999 Copy of Claim forwarded to attorney for Defendant and Chief Deputy Attorney General. ANSWER DUE FROM DEFENDANT APRIL 19, March 25, 1999 Acceptance of Service of Claim received from Chief Deputy Attorney General. Receipt of same acknowledged by Chief Deputy Attorney General March 22, March 29, 1999 Acceptance of Service of Claim received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant March 24, April 16, 1999 Answer and New Matter filed by attorney for Defendant. forwarded to attorney for Plaintiff by attorney for Defendant. April 29, 1999 Copy Notice of Service of Plaintiff s First Request for Production of Documents Directed to Defendant filed by attorney for Plaintiff. May 11, 1999 Notice of Service of Defendant s First Set of Interrogatories and Requests for Production of Documents Addressed to Delaware Valley Railroad Corporation filed by Defendant. May 24, 1999 Delaware Valley Railway Company, Inc. s Reply to Defendant s New Matter filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. May 27, 1999 Notice of Service of Notices of Depositions for Elizabeth Sarge Voras, John E. Brown and Chandis Klinger filed by attorney for Plaintiff. 2

3 June 23, 1999 Notice of Service of Expert Interrogatories of Plaintiff Addressed to Defendant, filed by attorney for Plaintiff. July 14, 1999 Notice of Service of Defendant s Responses to Plaintiff s Expert Interrogatories filed by attorney for Defendant. September 22, 1999 Notice of Service of Defendant s Second Set of Interrogatories and Requests for Production of Documents addressed to Plaintiff filed by attorney for Defendant. January 24, 2000 Letter received from attorney for Plaintiff advising that they expect discovery to be complete in days and requests that the matter be scheduled for trial (anticipates it will take 3-5 days). Copy forwarded to attorney for Defendant by attorney for Plaintiff. February 1, 2000 Letter received from attorney for Defendant requesting that the Board not schedule this matter (per Plaintiff s request of January 20, 2000) for at least a year, due to the necessity of Defendant needing to hire an expert witness and the time it will take that expert to analyze this matter. February 11, 2000 Letter received from Plaintiff advising that he objects to Defendant s position relative to having this matter not scheduled for hearing until sometime in January February 17, 2000 The Board made the following Order: AND NOW, this 17th day of February, 2000, it is ORDERED and DECREED that this matter is set for a hearing before the Board beginning on December 4 through December 8, 2000, as well as December 11 through December 15, 2000, if necessary. Said hearing shall be held in Courtroom No. 1, 6th Floor, Fulton Building, Harrisburg, Pennsylvania, and shall commence at 9:30 a.m. It is further ORDERED and DECREED that all discovery be completed no later than November 6, Copy forwarded to attorney for Plaintiff and attorney for Defendant. 3

4 February 25, 2000 Acceptance of Service of Order dated February 17, 2000 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff February 23, August 15, 2000 Notice of Service of Defendant s Third Set of Interrogatories and Requests for Production of Documents filed by attorney for Defendant. October 16, 2000 Notice of Service of Defendant s Response to Expert Interrogatories of Plaintiff Addressed to Defendant Commonwealth of Pennsylvania filed by attorney for Defendant. October 17, 2000 Notice of Service of Defendant s Fourth Set of Interrogatories and Requests for Production of Documents Addressed to Delaware Valley Railroad Corporation filed by attorney for Defendant. October 24, 2000 Letter received from attorney for Defendant advising that Defendant s Expert Report will not be included in its Pre-Trial Statement which is due 11/3/00 due to the fact that Plaintiff and Defendant have an agreement that Plaintiff will submit its Expert Report no later than when Pre-Trial Statements are due, and Defendant will submit its Expert Report no later than 2 weeks after receiving Plaintiff s Expert Report. November 6, 2000 Pretrial Memorandum of Plaintiff Delaware Valley Railway Company filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. November 6, 2000 Pretrial Statement filed by attorney for Defendant. Copy forwarded to attorney for Plaintiff by attorney for Defendant. November 20, 2000 Department s Expert Report filed by attorney for Defendant. Copy forwarded to attorney for Plaintiff by attorney for Defendant. November 28,

5 Hearing originally scheduled to begin December 4, 2000 has been rescheduled to December 7, 2000 and December 8, 2000 as well as December 11, 2000 through December 15, 2000 in Courtroom No. 1, 6th Floor, Fulton Building, Harrisburg, Pennsylvania, and shall commence at 9:30 a.m. December 7, 2000 Hearing held in Board s Courtroom No. 1, 6th Floor, Fulton Bank Building, Harrisburg, Pa commencing at 9:30 a.m. December 8, 2000 Hearing held in Board s Courtroom No. 1, 6th Floor, Fulton Bank Building, Harrisburg, Pa commencing at 9:30 a.m. Case Continued. December 8, 2000 The Board made the following Order: AND NOW, this 8th day of December, 2000, it is ORDERED and DECREED that this matter is set for a hearing before the Board beginning on February 5, 2001 through February 9, 2001, if necessary. Said hearing shall be held in Courtroom No. 1, 6th Floor, Fulton Building, Harrisburg, Pennsylvania, commencing at 9:30 a.m. Copy forwarded to attorney for Plaintiff and attorney for Defendant. December 15, 2000 Supplemental Expert Witness Report of Debora R. Stewart, CPA filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. December 18, 2000 Acceptance of Service of Order dated December 8, 2000 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff December 14, December 22, 2000 Acceptance of Service of Order dated December 8, 2000 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant December 20, January 8, 2001 Testimony of hearing held December 7 & 8, 2000 filed. 5

6 January 16, 2001 Copy of testimony of hearing held December 7 & 8, 2000 forwarded to attorney for Defendant. January 23, 2001 Letter received from attorney for Plaintiff requesting hearing scheduled for February 5 through 9, 2001 be rescheduled. January 25, 2001 The Board rendered an Opinion and made the following Order: AND NOW, this 25th day of January, 2001, it is ORDERED and DECREED that the damage portion of this trial shall be continued from February 5, 2001 until April 23, 2001 through April 27, Copy forwarded to attorney for Plaintiff and attorney for Defendant. January 26, 2001 Acceptance of Service of testimony for hearing held December 7 & 8, 2001 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant January 22, February 1, 2001 Acceptance of Service of Opinion and Order dated January 25, 2001 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff January 29, April 17, 2001 Letter received (via fax) from attorney for Defendant requested that the hearing scheduled fro April 23, 2001 through April 27, 2001 be postponed to May 22, 2001 through May 24, April 19, 2001 Letter received (via U.S. Mail) from attorney for Defendant requested that the hearing scheduled fro April 23, 2001 through April 27, 2001 be postponed to May 22, 2001 through May 24, April 19, 2001 Second Supplemental Expert Witness Report filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. 6

7 April 20, 2001 Hearing scheduled for April 23, 2001 through April 27, 2001 canceled due to request from Defendant. Hearing to be rescheduled at a later date. April 24, 2001 Hearing rescheduled for May 22, 23 & 24, 2001, in Courtroom No. 1, 6th Floor, Fulton Building, Harrisburg, Pennsylvania, commencing at 9:30 a.m. May 15, 2001 Defendant s Expert Witness Report of Louis J. Rubino, Jr., filed by attorney for Defendant. and attorney for Defendant. May 22, 2001 Copy forwarded to attorney for Plaintiff Hearing held in Board s Courtroom No. 1, 6th Floor, Fulton Bank Building, Harrisburg, Pa commencing at 9:30 a.m. May 23, 2001 Trial Memorandum of Plaintiff filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. May 23, 2001 Hearing held in Board s Courtroom No. 1, 6th Floor, Fulton Bank Building, Harrisburg, Pa commencing at 9:30 a.m. Case completed. June 22, 2001 Testimony of hearing held May 22 & 23, 2001 filed. June 26, 2001 Copy of testimony of hearing held May 22 & 23, 2001 forwarded to attorney for Defendant. Plaintiff s Findings of Fact, etc. due 7/26/01. July 5, 2001 Acceptance of Service of testimony of hearing held May 22 & 23, 2001 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant June 29,

8 July 26, 2001 Proposed Findings of Fact and Conclusions of Law of Claimant, Delaware Valley Railway Company, Inc. and Brief filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. Defendant s Findings, etc. due 8/27/01. July 26, 2001 Deposition transcript of John Jankowski filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. August 29, 2001 Respondent s Proposed Findings of Fact and Conclusions of Law and Brief filed by attorney for Defendant. Copy forwarded to attorney for Plaintiff by attorney for Defendant. August 29, 2001 Deposition transcript of Don Richard and Chandis Klinger filed by attorney for Defendant. Copy forwarded to attorney for Plaintiff by attorney for Defendant. September 25, 2001 Sur-Reply Brief of Claimant, Delaware Valley Railway Company, Inc. filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. October 24, 2001 Second Response Brief of Pennsylvania Department of Transportation filed by attorney for Defendant. Copy forwarded to attorney for Plaintiff by attorney for Defendant. 8

9 March 13, 2002 The Board rendered an Opinion and made the following Order: AND NOW, this 13th day of March, 2002, after hearing, it is ORDERED and DECREED that judgment be entered in favor of Plaintiff, Delaware Valley Railway Company, and against Defendant, Commonwealth of Pennsylvania, Department of Transportation, in the sum of Seven Hundred Sixty-Three Thousand Seven Hundred Ninety-Nine Dollars ($763,799.00) with interest thereon at the legal rate of six percent (6%) per annum from March 15, 1999, the date on which the Complaint in this matter was filed. Upon receipt of said award by Plaintiff, Plaintiff shall forthwith file a praecipe to mark the case settled and ended with prejudice with the Board. Each party shall bear its own costs and attorneys fees. Copy forwarded to attorney for Plaintiff and attorney for Defendant. March 18, 2002 Acceptance of Service of Opinion and Order dated March 13, 2002 received from Chief Deputy Attorney General. Receipt of same acknowledged by Chief Deputy Attorney General March 14, March 22, 2002 Defendant s Motion for Post Trial Relief filed by attorney for Defendant. Copy forwarded to attorney for Plaintiff by attorney for Defendant. March 27, 2002 Letter received from attorney for Defendant requesting that the Board allow him to withdraw the post trial motion that was filed. April 8, 2002 The Board rendered an Opinion and made the following Order: AND NOW, this 5th day of April, 2002, upon consideration of the Defendant s Letter-type Motion to Withdraw its Motion for Post Trial Relief, it is ORDERED and DECREED that the Motion for Withdrawal be GRANTED and the Motion for Post Trial Relief is WITHDRAWN. Copy forwarded to attorney for Plaintiff and attorney for Defendant. April 23, 2002 Acceptance of Service of Opinion and Order dated April 8, 2002 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff April 15,

10 May 13, 2002 Praecipe to mark case discontinued and ended with prejudice filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. 10