IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY,
`PENNSYLVANIA
`
`RAYMOND GEORGE MOTTO,
`
`CIVIL DIVISION - ASBESTOS
`
`Plainuff,
`
`NO. G.D., 14-011004
`
`84 LUMBER COMPANY,et. al.,
`
`Defendants.
`
`SARE RoR fe fe fe Re oe Ac of oof ok oe of fe oe oe oo of ofa oe oo oi oe oe ake a akeofe ole ake
`
`Ek ok a afc ke os ae of fe ae He ae afc oe af ak ok aR ak ak a ok a be ak as oe ak ae as af aks os akc ae
`
`BEVERLY CONWAY,Executrix of the Estate
`of THOMAS CONWAY,deceased, and
`BEVERLY CONWAY,in her ownright,
`
`NO. G.D. 16-012465
`
`Plaintiff,
`
`A.O. SMITH CORPORATION,in its own
`right and as successor-in-interest to The Clark
`Controller Company and A.O. Smith
`Corporation,et. al.,
`
`PLAINTIFFS’ MOTION TO ENFORCE
`| SETTLEMENT AND MOTION FOR
`| SANCTIONS PURSUANT TO
`| PENNSYLVANIA RULE OF CIVIL
`| PROCEDURE229.1 AS TO DEFENDANT
`| MILWAUKEE VALVE
`
`FILED ON BEHALF OF PLAINTIFFS
`
`Defendants.
`
`Counsel of Record for This Party:
`
`John R. Kane, Esquire
`PA ID #83771
`
`SAVINIS, KANE, & GALLUCCI, L.L.c.
`Suite 3626, Gulf Tower
`707 Grant Street
`Pittsburgh, PA 15219
`(412) 227-6556
`
`
`PENNSYLVANIA
`
`RAYMOND GEORGE MOTTO,
`
`CIVIL DIVISION - ASBESTOS
`
`Plainuff,
`
`NO. G.D., 14-011004
`
`84 LUMBER COMPANY,et. al.,
`
`Defendants.
`
`SARE RoR fe fe fe Re oe Ac of oof ok oe of fe oe oe oo of ofa oe oo oi oe oe ake a akeofe ole ake
`
`Ek ok a afc ke os ae of fe ae He ae afc oe af ak ok aR ak ak a ok a be ak as oe ak ae as af aks os akc ae
`
`BEVERLY CONWAY,Executrix of the Estate
`of THOMAS CONWAY,deceased, and
`BEVERLY CONWAY,in her ownright,
`
`NO. G.D. 16-012465
`
`Plaintiff,
`
`A.O. SMITH CORPORATION,in its own
`right and as successor-in-interest to The Clark
`Controller Company and A.O. Smith
`Corporation,et. al.,
`
`PLAINTIFFS’ MOTION TO ENFORCE
`| SETTLEMENT AND MOTION FOR
`| SANCTIONS PURSUANT TO
`| PENNSYLVANIA RULE OF CIVIL
`| PROCEDURE229.1 AS TO DEFENDANT
`| MILWAUKEE VALVE
`
`FILED ON BEHALF OF PLAINTIFFS
`
`Defendants.
`
`Counsel of Record for This Party:
`
`John R. Kane, Esquire
`PA ID #83771
`
`SAVINIS, KANE, & GALLUCCI, L.L.c.
`Suite 3626, Gulf Tower
`707 Grant Street
`Pittsburgh, PA 15219
`(412) 227-6556
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY,
`PENNSYLVANIA
`
`CIVIL DIVISION - ASBESTOS
`
`NO. G.D. 14-011004
`
`Bs He of as aie afc ake aie ais as ae afc als oie aie ale as ais af aie aie ks ais ae afc oie ais of als of akc a fs aie as ok
`
`NO. G.D. 16-012465
`
`I!!'!}i1!ii'ii1i!iI1ii11jiiiiii1i1iiii111i1iii111111111111111111 !
`
`11iii
`
`RAYMOND GEORGE MOTTO,
`
`Plaintiff,
`
`84 LUMBER COMPANY,et. al.,
`
`Defendants.
`
`He Die ae fe ae oie fe fe ae fe ale ofe fe ois oe ale oft fe ake afk as als a as fe ak ic aie ofc ak ie afc ak afk ok ais ok ok
`
`BEVERLY CONWAY,Executrix ofthe Estate
`of THOMAS CONWAY,deceased, and
`BEVERLY CONWAY,in her ownright,
`
`Plaintiff,
`
`A.O. SMITH CORPORATION,in its own right
`and as successor-in-interest to The Clark
`Controller Company and A.O. Smith
`Corporation,et. al.,
`
`Defendants.
`
`NOTICE OF PRESENTATION AS TO THE PLAINTIFFS’ MOTION TO ENFORCE
`
`SETTLEMENT AND MOTION FOR SANCTIONS PURSUANT TO PENNSYLVANIA
`
`RULE OF CIVIL PROCEDURE 229.1 AS TO DEFENDANT MILWAUKEE VALVE
`
`PLEASE TAKE NOTICE that the Plaintiffs’ Motion to Enforce Settlement and Motion
`
`for Sanctions Pursuant to Pennsylvania Rule of Civil Procedure 229.1 will be presented on
`December 12", 2019 to the Honorable Arnold I. Klein, of Allegheny County, Pennsylvania, in
`
`room 708 of the City-County Building at 9:30 a.m.
`
`a“
`fe
`By: Mb
`Date: 11/12/2019
`fe gaat
`oH £
`. ae
`JohnRfine Esquire
`SAVIMIS, KANE, & GALLUCCI, L.L.C.
`Suite 3626, Gulf Tower
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY,
`PENNSYLVANIA
`
`RAYMOND GEORGE MOTTO,
`
`CIVIL DIVISION - ASBESTOS
`
`Plaintiff,
`
`VS.
`
`84 LUMBER COMPANY,et. al.,
`
`Defendants.
`
`NO. G.D. 14-011004
`
`BEVERLY CONWAY,Executrix of the Estate
`of THOMAS CONWAY,deceased, and
`BEVERLY CONWAY,in her ownright,
`
`NO. G.D. 16-012465
`
`Plaintiff,
`
`VS.
`
`A.O. SMITH CORPORATION,in its own
`right and as successor-in-interest to The Clark
`Controller Company and A.O. Smith
`Corporation,et. al.,
`
`Defendants.
`
`PLAINTIFFS’ MOTION TO ENFORCE SETTLEMENT AND MOTION FOR
`SANCTIONS PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE
`229.1 AS TO DEFENDANT MILWAUKEE VALVE
`
`AND NOWcomethe Plaintiffs, by and throughtheir attorneys John R. Kane,
`
`Esquire and Savinis, Kane, & Gallucci, L.L.C. and file the following Motion to Enforce
`
`Settlement and Motion for Sanctions Pursuant to Pennsylvania Rule of Civil Procedure
`
`229.1:
`
`1.
`
`Plaintiff, RAYMOND GEORGE MOTTO,resolved this action with
`
`Defendant in May 2015. Plaintiff has not received payment of the settlement proceeds,
`
`
`
`2.
`
`Plaintiff, BEVERLY CONWAY,Executrix of the Estate of THOMAS
`
`CONWAY,resolved this action with Defendant in September 2018. Plaintiff has not
`
`received paymentof the settlement proceeds.
`
`3.
`
`Attached as Exhibit A is the affidavit of Attorney John R. Kane,as
`
`prescribed by Pa.R.C.P. 229.1 (c)(1). The affidavit certifies that the prime interest rate
`
`for 2015 was 3.25%, 2016 was 3.5%, 2017 was 3.75%, 2018 was 4.5%, and 2019 is
`
`5.50% as prescribed by Pa.R.C.P. 229.1 (c)(4).
`
`4.
`
`Acceptable Releases were forwarded to the Defendant over twenty days
`
`ago (i.e. Motto 9/22/2015; Conway 1/11/2019). To date, Plaintiffs have not received the
`
`settlement proceeds.
`
`5,
`
`Pursuant to Pennsylvania Rules of Civil Procedure 229.1 (c) “Ifa Plaintiff
`
`and a defendant have entered into an agreementof settlement, the defendant shall deliver
`
`the settlement funds to an attorney for the Plaintiff, or to the Plaintiff if unrepresented
`
`within twenty calendar days from the receipt of an executed release.”
`
`6.
`
`Pursuant to Pa.R.C.P. 229.1 (d) “If settlement funds are not delivered to
`
`the Plaintiff with the time required by subdivision (c), the Plaintiff may seek to...(2)
`
`impose sanctions on the Defendant as provided in subdivision (c) ofthis rule.”
`
`7.
`
`According to Pa.R.C.P. 229.1 (g):
`
`If the court finds that the defendant violated subdivision (c)
`
`of this rule...the court shall impose sanctions in the form of
`
`interest calculated at the rate equal to the prime rate as
`
`listed in the first edition of the Wall Street Journal. ..plus
`
`one percent running from the twenty-first day to the date of
`
`delivery of settlement funds.
`
`
`
`8.
`
`Defendantis in violation of Rule 229.1 and Plaintiffs respectfully request
`
`that this Court sanction Defendant for delay in payment of settlement proceeds.
`
`WHEREFORE,Plaintiffs respectfully request that this Honorable Court enter the
`
`attached Orders sanctioning Defendant Milwaukee Valve.
`
`Respectfully submitted,
`
`SAVINIS, KANE, & GALLUCCTI, L.L.C.
`
`A Ze ae
`By: hh
`
`Jobh R. Kane, Esquire
`é
`
`
`
`AFFIDAVIT
`
`)N
`
`eeee”
`
`COMMONWEALTH OF PENNSYLVANIA
`
`COUNTY OF ALLEGHENY
`
`AND NOW COMESthe undersigned Affiant, John R. Kane, who being of proper
`age and duly sworn,states the following:
`
`1.
`
`2.
`
`3,
`
`I
`I am a partner with the law firm of Savinis, Kane, & Gallucci, L.L.C.
`represent the Plaintiffs in their lawsuits filed at No. G.D. 14-011004, and
`G.D. 16-012465.
`
`I certify that the Plaintiffs and this law firm have not received the full
`amountof the settlement proceeds from Defendant Milwaukee Valve from
`
`the settlements in the Motto and Conwaycases.
`
`I certify that the Prime Interest Rate for 2015 was 3.25%, 2016 was 3.5%,
`2017 was 3.75%, 2018 was 4.5%, and 2019 is 5.50%.
`
`Wa(pe
`
`ee ge
`Gf
`
`John R/Kane, Esquire
`ee
`
`SWORN TO andsubscribed before me
`
`this
`
`day of November 2019.
`
`
`
`Notary Public
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY,
`PENNSYLVANIA
`
`CIVIL DIVISION - ASBESTOS
`
`NO. G.D. 14-011004
`
`tII1IIIIIII 1
`
`II
`tI
`
`IIIIII1II
`
`RAYMOND GEORGE MOTTO,
`
`Plaintiff,
`
`VS,
`
`84 LUMBER COMPANY,et. al.,
`
`Defendants.
`
`ORDER OF COURT
`
`AND NOWto wit, this
`
`day of
`
`, 2019, upon
`
`consideration of the affidavit of John R. Kane, attorney for Plaintiff, and upon finding that
`
`payment was not made within twenty days of receipt of the executed release in the above
`
`captioned action, it is ORDEREDthatin addition to outstanding settlement funds, Defendant
`
`Milwaukee Valvepay forthwith interest at the rate of 4.25% for 2015, 4.5% for 2016, 4.75%
`
`for 2017, 5.5% for 2018, and 6.50% for 2019 on the aforementioned settlement funds from
`
`the twenty-first day to the date of delivery of the settlement funds together with $500.00 in
`
`attorney’s fees.
`
`BY THE COURT:
`
`
`
`
`
`IN THE COURT OF COMMONPLEAS OF ALLEGHENY COUNTY,
`PENNSYLVANIA
`
`CIVIL DIVISION - ASBESTOS
`
`NO. G.D. 16-012465
`
`IIII11!111i1iiiiiiiiiiiiiiiiii!t!it
`
`BEVERLY CONWAY,Executrix of the Estate
`of THOMAS CONWAY,deceased, and
`BEVERLY CONWAY,in her own right,
`
`Plaintiff,
`
`VS.
`
`A.O. SMITH CORPORATION,in its own
`right and as successor-in-interest to The Clark
`Controller Company and A.O. Smith
`Corporation,et. al.,
`
`Defendants.
`
`ORDER OF COURT
`
`AND NOW to wit, this
`
`day of
`
`, 2019, upon
`
`consideration of the affidavit of John R. Kane, attorney for Plaintiff, and upon finding that
`
`payment was not made within twenty days of receipt of the executed release in the above
`
`captionedaction, it is ORDEREDthat in addition to outstanding settlement funds, Defendant
`
`Milwaukee Valve payforthwithinterest at the rate of 6.50% for 2019 on the aforementioned
`
`settlement funds from the twenty-first day to the date of delivery of the settlement funds
`
`together with $500.00 in attorney’s fees.
`
`BY THE COURT:
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the within Motion to Enforce
`
`Settlement and Motion for Sanctions Pursuant to Pennsylvania Rule of Civil Procedure 229.1
`
`has been served upon counsel ofrecord this 12"" day of November 2019.
`
`SAVINIS, KANE, & GALLUCCTI, L.L.C.
`
`
`
`
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