`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`
`CIVIL DIVISION - ASBESTOS
`
`
`
`CYNTHIA BURKE and
`MERTON BURKE, her husband,
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`v.
`
`A.R. WILFLEY & SONS, INC.,
`A.W. CHESTERTON COMPANY,
`ABB, INC., as successor to Brown Boveri
`(Individually and as successor-in-interest to
`ITE IMPERIAL CO f/k/a ITE CIRCUIT
`BREAKER COMPANY),
`AECOM ENERGY & CONSTRUCTION,
`INC., in their own right and as successor-in-
`interest to Catalytic Construction Company,
`AECOM ENERGY & CONSTRUCTION,
`INC., in their own right and as successor-in-
`interest to URS Energy & Construction, Inc.
`and The Badger Company, Inc.
`AIR & LIQUID SYSTEMS CORPORATION,
`successor-by merger to Buffalo Pumps, Inc.,
`AIRTEK, INC.,
`AJAX MAGNETHERMIC CORPORATION,
`ALFA LAVAL, INC.,
`ALLIED GLOVE CORPORATION,
`AMETEK, INC.,
`ARMSTRONG INTERNATIONAL, INC.,
`ARMSTRONG PUMPS, INC.,
`ATLAS INDUSTRIES, INC.,
`AURORA PUMP COMPANY,
`AVON PRODUCTS, INC.,
`BAKER HUGHES HOLDINGS, LLC,
`BEAZER EAST, INC., in its own right and as
`successor to Koppers, Co., Inc., and other
`related companies, including Thiem
`Corporation, Beazer USA, Inc., and Beazer,
`PLC,
`
`GD No. 23-014332
`
`
`Code: 012
`
`
`
`
`JURY TRIAL DEMANDED
`
`
`PLAINTIFFS’ PRAECIPE TO
`REINSTATE COMPLAINT IN
`CIVIL ACTION
`
`Filed on behalf of Plaintiffs
`
`Counsel of Record for this Party:
`
`Leif J. Ocheltree, Esquire
`PA ID No. 163508
`
`GOLDBERG PERSKY & WHITE, PC
`11 Stanwix Street, Suite 1800
`Pittsburgh, PA 15222, and
`281 Three Springs Drive, Suite 285
`Weirton, WV 26062
`Telephone: (412) 471-3980
`Facsimile: (412) 471-8308
`Telephone: (304) 723-0213
`
`Firm # 744
`
`
`
`
`BLOOM ENGINEERING COMPANY, INC.,
`BMI REFRACTORY SERVICES, INC.,
`BORGWARNER MORSE TEC LLC,
`BW/IP, INC.,
`CAMERON INTERNATIONAL
`CORPORATION, f/k/a Cooper Cameron
`Corporation,
`CANVAS CT, LLC, as a successor to The
`Marley Cooling Tower Company,
`CARMEUSE LIME, INC.,
`CARRIER CORPORATION,
`CARVER PUMP COMPANY,
`CASHCO, INC.,
`CHICAGO PNEUMATIC TOOL
`COMPANY, LLC,
`CLARK RELIANCE CORPORATION, and
`its division Jerguson Gage and Valve,
`CLEAVER-BROOKS f/k/a AQUA-CHEM,
`CLYDE UNION, INC., d/b/a Clyde Union
`Pumps, individually and as successor-by-
`merger to Union Pump Company,
`COLUMBUS MCKINNON CORPORATION,
`CORNING INCORPORATED, in its own right
`and on behalf of its former Corhart Refractories
`business division,
`DAP, INC., n/k/a La Mirada Products Co.,
`Inc.,
`DEZURIK, INC.,
`DICK CORPORATION,
`DONALD McKAY SMITH, INC.,
`E.E. ZIMMERMAN COMPANY,
`EATON CORPORATION, as successor-in-
`interest to Cutler-Hammer, Inc., n/k/a Eaton
`Electrical Inc.,
`EFCO, INC., d/b/a Erie Press Systems,
`successor-in-interest to Erie Foundry
`Company,
`EICHLEAY CORPORATION,
`ELECTROLUX HOME PRODUCTS INC.,
`f/k/a WCI Outdoor Products, Inc.,
`ELLIOTT COMPANY, f/k/a Elliott
`Turbomachinery Co.,
`ERIKS NORTH AMERICA, INC., as
`successor-in-interest to Lewis-Goetz and
`
`
`
`2
`
`
`
`Company, Inc., f/k/a Gooding Rubber
`Company,
`EVOQUA WATER TECHNOLOGIES, LLC,
`in its own right and as successor-in-interest to
`Wallace & Tiernan,
`FLOWSERVE CORPORATION, f/k/a
`Durametallic Corporation,
`FLOWSERVE CORPORATION, f/k/a
`Duriron Company, Inc.,
`FLOWSERVE INTERNATIONAL, INC.
`(f/k/a BW/IP International, Inc.), a
`subsidiary of Flowserve Corporation,
`solely as successor to Wilson-Snyder
`Pumps,
`FLOWSERVE US, INC., solely as successor
`to Nordstrom Audco, Edward Valves Inc.,
`Nordstrom Valves, Inc., Rockwell
`Manufacturing Company, and Worcester
`Controls,
`FLOWSERVE US, INC., f/k/a Flowserve FSD
`Corp., successor to Valtek International,
`FLSMIDTH, INC., f/k/a Fuller Company,
`FLSMIDTH DORR-OLIVER INC.,
`FMC CORPORATION,
`FOSECO, INC.,
`FOSTER WHEELER LLC,
`GARDNER DENVER, INC.,
`GENERAL ELECTRIC COMPANY,
`GENUINE PARTS COMPANY,
`
`GOULD ELECTRONICS, INC., f/k/a GD-
`TEK, INC.,
`GOULDS PUMPS, LLC,
`GREENE TWEED & COMPANY,
`GRINNELL, LLC,
`HAJOCA CORPORATION,
`HONEYWELL, INC.,
`HONEYWELL INTERNATIONAL, INC.,
`f/k/a Allied Signal, Inc., as successor-in-
`interest to the Bendix Corporation,
`HOWDEN NORTH AMERICA, INC.,
`f/k/a Howden Buffalo, Inc.,
`HUNTER SALES CORPORATION,
`
`
`
`3
`
`
`
`I.U. NORTH AMERICA, INC., as successor
`by merger to The Garp Company, formerly
`known as The Gage Company, formerly
`known as Pittsburgh Gage and Supply
`Company,
`IMO INDUSTRIES, INC., f/k/a IMO Delaval,
`Inc, f/k/a DeValco Corporation Inc., f/k/a
`DeLaval Turbine, Inc.,
`INDUSTRIAL HOLDINGS
`CORPORATION,
`f/k/a Carborundum Corporation,
`INDUSTRIAL RUBBER PRODUCTS,
`INTRICON CORPORATION,
`ITT INDUSTRIES, INC.,
`JANSSEN PHARMACEUTICALS, INC.,
`JOHNSON & JOHNSON,
`JOHNSON & JOHNSON CONSUMER INC.,
`JOHNSON & JOHNSON HOLDCO (NA)
`INC.,
`JOY GLOBAL SURFACE MINING, INC.,
`f/k/a P&H Mining Equipment, f/k/a
`Harnischfeger Corporation,
`JOY GLOBAL UNDERGROUND MINING,
`LLC, f/k/a Joy Technologies, Inc.,
`
`KEC CLOSECO, INC., f/k/a Kruman
`Equipment Company,
`KENVUE INC.
`LEEDS & NORTHRUP COMPANY
`LIMBACH FACILITY SERVICES, LLC,
`LINDBERG,
`M.S. JACOBS & ASSOCIATES, INC.,
`MAGNETEK, INC.,
`McCARLS, INC.,
`MCMASTER CARR SUPPLY,
`MCNEIL (OHIO) CORPORATION,
`MET-PRO TECHNOLOGIES, LLC, in its
`own right and on behalf of its Dean Pump
`Division,
`METROPOLITAN LIFE INSURANCE
`COMPANY, f/k/a Metropolitan Insurance
`Company,
`MILWAUKEE VALVE COMPANY, LLC,
`MINE SAFETY APPLIANCES COMPANY,
`MORGAN ENGINEERING SYSTEMS, INC.,
`MRC GLOBAL (US), INC.,
`
`
`
`4
`
`
`
`NAGLE PUMPS, INC.,
`NOOTER CONSTRUCTION COMPANY, in
`its own right and as successor-in-interest to
`Nooter Corporation and John Nooter Boiler
`Works Company,
`NOOTER CONSTRUCTION COMPANY,
`LLC in its own right and as successor-in-
`interest to Nooter Corporation and John Nooter
`Boiler Works Company,
`NORTH AMERICAN MANUFACTURING
`CO.,
`OSRAM SYLVANIA, INC., in its own right,
`and as successor-in-interest to GTE Products
`Corporation, The Clark Controller Company
`and A.O. Smith Corporation,
`P.F. SHERMAN CO.,
`PARAMOUNT GLOBAL f/k/a ViacomCBS
`Inc., f/k/a 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,
`PARKER-HANNIFIN CORPORATION,
`PFAUDLER, INC.,
`POLLOCK RESEARCH & DESIGN, INC.
`POWER PIPING COMPANY,
`RAIN BIRD CORPORATION, as successor to
`Hammond Valve Corporation,
`REDCO CORPORATION,
`RESCO HOLDINGS, L.L.C. as successor to
`the M.W. Kellogg Company,
`RESEARCH-COTTRELL, INC., n/k/a AWT
`AIR COMPANY, INC.,
`REUNION INDUSTRIES, INC.,
`RILEY POWER, INC., f/k/a Riley Stoker
`Corporation,
`ROBBINS & MYERS, INC., in its own right
`and on behalf of its Moyno Pump Division,
`ROBINSON FANS, INC.,
`RUST ENGINEERING & CONSTRUCTION,
`INC., f/k/a Treco Construction Services f/k/a
`the Rust Engineering Company,
`SAINT-GOBAIN ABRASIVES, INC.,
`f/k/a Norton Company,
`SANTA FE BRAUN, INC., individually and
`as successor to CF Braun & Co.,
`SARGENT ELECTRIC COMPANY,
`
`
`
`5
`
`
`
`SAUER CONSTRUCTION LLC f/k/a Sauer,
`Incorporated
`SCHNEIDER ELECTRIC USA, INC., f/k/a
`Square D Company,
`SEALING SPECIALISTS & SERVICE CO.,
`SIEMENS INDUSTRY, INC., in its own right,
`and as successor-in-interest to I-T-E Circuit
`Breaker Company,
`SPIRAX SARCO, INC.,
`SPX FLOW US, LLC,
`STERLING FLUID SYSTEMS (USA), LLC,
`SUNBEAM PRODUCTS, INC., as successor-
`in-interest to Sunbeam Corporation,
`SURFACE COMBUSTION,
`SWINDELL-DRESSLER INTERNATIONAL
`COMPANY,
`TENOVA INC., f/k/a Tenova Core Inc., f/k/a
`Techint Technologies, Inc., f/k/a Core Furnace
`Systems Corp., as successor-in-interest to
`Salem Furnace Company,
`THE GOODYEAR TIRE & RUBBER
`COMPANY,
`THE GORMAN-RUPP COMPANY,
`THE LINTERN CORPORATION,
`THE SPENCER TURBINE COMPANY,
`THE WILLIAM POWELL COMPANY,
`THIEM CORPORATION, and its Division,
`Universal Refractories,
`THRUSH CO., INC.
`TUTHILL CORPORATION,
`UB WEST VIRGINIA, INC., f/k/a UNION
`BOILER COMPANY,
`UNION CARBIDE CORPORATION,
`UNITED STATES STEEL CORPORATION,
`UNIVERSITY OF PITTSBURGH OF THE
`COMMONWEALTH SYSTEM OF HIGHER
`EDUCATION,
`VALVES AND CONTROLS US, INC.
`VELAN VALVE CORPORATION,
`VERIZON COMMUNICATIONS, INC.,
`VERIZON PENNSYLVANIA, LLC f/k/a The
`Bell Telephone Company of Pennsylvania,
`VIKING PUMP, INC.,
`WARREN PUMPS, LLC,
`
`
`
`6
`
`
`
`WEST END CONTRACTING
`CORPORATION f/k/a Minnotte Contracting
`Corporation,
`WHEELABRATOR AIR POLLUTION
`CONTROL, INC.,
`WHEELABRATOR GROUP, INC.,
`WHITING CORPORATION,
`WILLIAMS FIRST MANAGEMENT
`COMPANY,
`WT/HRC CORPORATION, f/k/a Whiting
`Corporation,
`WTI RUST HOLDINGS, INC.,
`YORK INTERNATIONAL CORPORATION,
`YUBA HEAT TRANSFER LLC,
`ZURN INDUSTRIES, a/k/a Erie City Iron
`Works,
`
`
`Defendants.
`
`
`
`
`
`
`
`7
`
`
`
`KINDLY, reinstate the Complaint in Civil Action filed in the above-captioned case.
`
`TO: ALLEGHENY COUNTY PROTHONOTARY
`
`
`
`
`
`
`Dated: January 18, 2024
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`GOLDBERG, PERSKY & WHITE, P.C.
`
`
`
`
`
`
`
`Leif J. Ocheltree, Esquire
`PA ID No. 163508
`11 Stanwix Street, Suite 1800
`Pittsburgh, PA 15222, and
`281 Three Springs Drive, Suite 285
`Weirton, WV 26062
`Telephone: (412) 471-3980
`Facsimile: (412) 471-8308
`Telephone: (304) 723-0213
`Email: locheltree@gpwlaw.com
`
`Counsel for Plaintiff
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`
`
`8
`
`
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