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Home My WebLink About98-00781 " ~ (l .:s i ~ ",' ~ ~ L1 ~l ~ " ~ , ., /. l . . ," ~.~ ~ ..~ :---. ~ ~ . .. ~ - 0... t--. , c... ~ ~ F:\contral\cob\compla1nt\achroy.g GEORGE SCHROY, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No.1t- 'It I (i/~l~L SEARS, ROEBUCK and COMPANY, and ROADMASTER CORPORATION, Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claim set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~,",11rt .7\-dmiJ.:1i~tr3.tor Cumberland County COl:U thSeW8 t:Jar A"'i5" ClG. ~lIrth Flnn>: 2. L J. / A Carlisle, PA 17013 ;,~ t!//r:;,C( Itfl-c... Telephone: (717) ll19 639Q 2-4Q, j/&0 GEORGE SCHROY, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. SEARS, ROEBUCK and COMPANY, and ROADMASTER CORPORATION, Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona a por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puedo perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 Telephone: (717) 240-6200 ,". 'I.'~ . 4. In April of 1996, Plaintiff, George Schroy, purchased a bicycle, Model ESD 900, FS Elite, from Defendant Sears, Roebuck and Company. 5. On or about June 9, 1996, Plaintiff, George Schroy, was riding the bicycle on St. John's Road, Mechanicsburg, Pennsylvania, when the crank shaft which secures the pedals disassembled, causing Plaintiff to wreck and sustain serious bodily injuries. 6. The bicycle used by Plaintiff, George Schroy, at the time of the incident herein described was distributed, sold, and repaired by Defendant, Sears, Roebuck and Company. l. I , i 7. The bicycle used by Plaintiff, George Schroy, at the time of the incident herein described was manufactured, designed, i I marketed, and distributed by Defendant, Roadmaster Corporation. 8. Prior to the incident herein described, Plaintiff, George 11 I\-i If! Schroy, had returned the bicycle on two separate occasions to the seller--Defendant, Sears, Roebuck and Company--for purposes of repair because the crank shaft would disassemble during use. After . r: I" :11 I I allegedly making the repairs to the crank shaft, Defendant, Sears, Roebuck and Company returned the bicycle to Plaintiff without any 2 . . I ' ! " i ,._, restrictions and/or warnings. (Plaintiff, George Schory, has attached, as Exhibit A, a receipt illustrating that Defendant, Sears, Roebuck and Company, attempted to repair the defective crank shaft of the bicycle in question.) 9. The bicycle herein referred to failed to function properly despite Plaintiff, George Schroy's, having used the product in a reasonably foreseeable manner. COUNT I Strict Liabilitv Plaintiff. Georae Schrov v. Defendant. Sears. Roebuck and ComDanv 10. Plaintiff, George Schroy, incorporates herein by reference the allegations contained in paragraphs 1 through 9 above as though the same were set forth herein at length. 11. Upon information and belief, the accident of June 9, 1996, wherein Plaintiff, George Schroy, was injured, was caused by the defective manufacturing of the bicycle, which defect existed at the time the product left Defendant's, Sears, Roebuck and Company's, care, custody, and control and rendered the product unreasonably dangerous for its intended use. 3 12. As a resul t of the defective na ture of the bicycle, Defendant, Sears, Roebuck and Company, is strictly liable to Plaintiff, George Schroy, pursuant to ~402(A) of the Restatement (Second) of Torts for the following reasons: (a) failing to properly and adequately design the bicycle; (b) failing to properly and adequately manufacture the bicycle; (c) failing to warn Plaintiff of the dangerous nature of the bicycle; (d) selling a bicycle that malfunctioned; and (e) other defects as may become evident through the course of discovery and/or trial. 13. As a resul t of the defective na ture of the bicycle as described above, Plaintiff, George Schroy, suffered injuries, including, but not limited to, a fracture of the left clavicular, a fracture of the anterior aspect of the second, left rib, medical care, treatment and costs associated therewith, the loss of past and future earning capacity, and other injuries which may be discovered at a later time, all or some of which may be permanent in nature. 4 14. As a result of the defective nature of the bicy.::le as described above, ~laintiff, George Schroy, has suffered, and will suffer in the future, pain, irritation, inconvenience, and humiliation. 15. As a result of the defective nature of the bicycle as described above, Plaintiff, George Schroy, has been prevented from attending fully to his usual duties as a maintenance technician for Camp Hill Mall & Arby's Roast Beef Restaurant to his great economic detriment, damage, and loss. 16. As a result of the defective nature of the bicycle as described above, Plaintiff, George Schroy, has incurred great expenses for medical treatment, which expenses may continue into the future. WHEREFORE, Plaintiff, George Schroy, demands that jUdgment be entered against Defendant Sears, Roebuck and Company in an amount in excess of TWENTY-FIVE THOUSAND ($25,000) DOLLARS, exclusive of interest and costs, and hereby requests a trial by jury. 5 i ~ . COUNT II Nealiaence Plaintiff. Georae Schrov v. Defendant. Sears. Roebuck and Company 17. Plaintiff, George Schroy, incorporates herein by reference the allegations contained in paragraphs 1 through 16 above as though the same were set forth herein at length. 18. The negligence of Defendant Sears, Roebuck and Company consists of: (a) failing to discover the manufacturing defect in the bicycle when Defendant Sears, Roebuck and Company knew or should have known that such defect existed; (b) failing to properly repair the manufacturing defect in the bicycle when Defendant Sears, Roebuck and Company knew or should have know that such defect existed; (c) failing to properly test the bicycle prior to offering it for sale; 6 Cd) failing to properly test the bicycle after attempting, unsuccessfully, to rectify its manufacturing defect; Ie) failing to adequately warn Plaintiff George Schroy of the inherent dangers associated with using the bicycle in a reasonably foreseeable manner; If) selling g Plaintiff, George Schroy, a bicycle that , malfunctioned. 19. As a direct and proximate result of Defendant, Sears, Roebuck and Company's negligence as described above, Plaintiff, George Schroy, suffered injuries, inClUding, but not limited to, a , I fracture of the left ClaViCUlar, a fracture of the anterior aspect i , of the second, left rib, medical care, treatment and costs /1 II 1('. U' Illr.- ~df j\\:~ ,). ~,;:. I i;~.; '/"" . .... \ i . ",.r [f _','. '.\'., ri't,..,.... ~'-;! ..\, l "'-):.' '. "'.. II. . b', ~ j)':'J~ ,,~," ~r .,.('.;.1' :-';',.:0 r. assQciated therewith, the loss of past and future earning capacity, and other injuries which may be discovered at a later time, all or some of which may be permanent in nature. 20. As a direct and proximate result of Defendant, Sears, Roebuck and Company's negligence, as described above, Plaintiff, George Schroy, has suffered, and will suffer in the future, pain, irritation, inconvenience, and humiliation. 7 (b) failing to properly and adequately manufacture the bicycle; (c) failing to warn Plaintiff of the dangerous nature of the bicycle; (d) distributing a bicycle that malfunctioned; and (e) other defects as may become evident through the course of discovery and/or trial. 26. As a result of the defective nature of the bicycle as described above, Plaintiff, George Schroy, suffered injuries, including, but not limited to, a fracture of the left clavicular, a fracture of the anterior aspect of the second, left rib, medical care, treatment and costs associated therewith, the 1055 of past and future earning capaci ty, and other inj uries which may be discovered at a later time, all or some of which may be permanent in nature. 27. As a result of the defective nature of the bicycle as described above, Plaintiff, George Schroy, has suffered, and will suffer in the future, pain, irritation, inconvenience, and humiliation. 10 28. As a result of the defective nature of the bicycle as described above, Plaintiff, George Schroy, has been prevented from attending fully to his usual duties as a maintenance technician for Camp Hill Mall & Arby's Roast Beef Restaurant to his great economic detriment, damage, and loss. 29. As a result of the defective nature of the bicycle as described above, Plaintiff, George Schroy, has incurred great expenses for medical treatment, which expenses may continue into the future. WHEREFORE, Plaintiff, George Schroy, demands that judgment be entered against Defendant, Roadmaster Corporation, in an amount in excess of TWENTY-FIVE THOUSAND (25,000) DOLLARS, exclusive of interest and costs, and hereby requests a trial by jury. Respectfully Submitted, HANDLER & WIENER Date: :J - (,-9R \ L~-- 0 ~__. By: s R. Carroll, Esquire I . No. 75895 19 Market Street P.O. Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiff II " i, ~-'"">:. VEIUFICATION I vcrify that thc statcmcnts containcd in thc lorcgoing documcnt arc truc lInd corrcct to the bcst of my knowledge. information lInd bclicf: I understand that falsc statcmcnts containcd thcrcin arc made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. ---- /.(~ Dated: 2/3 /9~ I ' MARSHAr.r., DENNEHEY, WARNER, COr.EMAN & GOGGIN BY: TIMOTHY J. McMAHON, ESQUIRE I.D. 52918 100 Pine Street, 4th Floor P.O. Box 803 Harrisburg, PA 17108-0803 (717) 232-1022 GEORGE SCHROY, """ Counsel for Defendant SEARS, ROEBUCK and CO. Pr.AINTIFF IN THE COURT OF COMMON Pr.EAS CUMBERI.AND COUNTY, PENNSyr.VANIA v. NO. 98-781 CIVIl. SEARS, ROEBUCK and CO. and ROADMASTER CORPORATION, DEFENDANTS: CIVIl. ACTION - r.AW JURY TRIAl. DEMANDED ENTRY OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY Kindly enter the appearance of the undersigned on behalf of . "\ , I Defendant, Sears, Roebuck and Co., only, in connection with the MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ~" above-captioned case. DATE: 3 ~ q - 9 t BY: )1 T T 100 p'n P.O. Bo 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 l i ,..; " , i ATTORNEY FOR DEFENDANT, SEARS, ROEBUCK AND CO. " :\...... .~. MARSHALL, DENNEHEY, WARNER, COLEMAN &. GOGGIN BYI TIMOTHY J. McMAHON, ESQUIRE I.D. 52918 100 pine Street, 4th Floor P.O. Box 803 Harrieburg, PA 17108-0803 (717) 232-1022 Counsel for Defendant SEARS, ROEBUCK and CO. GEORGE SCHROY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-781 CIVIL SEARS, ROEBUCK and CO. and ROADMASTER CORPORATION, DEFENDANTS I CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY Kindly enter the appearance of the undersigned on behalf of . \ , ! Defendant, Sears, Roebuck and Co., only, in connection with the above-captioned case. I I DATE: 3 - q - 9 ~ MARSHALL, DENNEHEY, WARNER, COLEMAN &. GOGGIN ~. BY: T T 100 p'n P.O. Bo 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 1 ATTORNEY FOR DEFENDANT, SEARS, ROEBUCK AND CO. 1 " .\....... ,. , CERTIFICATE OF SERVICE I, Robin K. Nelson, an employee of Marshall, Dennehey, 9+-l,-,. Warner, Coleman & Goggin, do hereby certify that on this day of March, 1998 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: James R. Carroll, Esquire HANDLER & WIENER 319 Market Street P.O. Box 1177 Harrisburg, Pa 17108 ~Q~1<.~ OBIN K. NELSON J 1 .1 , I i i 'j i II I' .~ \ \~ f , { , ;i , I, 'i . I I' , , , ~i \ I .~ I. . 1,1l.it , ! I . C) ,-. .:,. lJt - ?J.:.... , ;./. t~.:( ::r. ::~S/ :.:! :::) t::) ~.:l (;0 ?: r) "II " ',. .",) i~ .'}} 1-' ij;r .' -,") (,jrjl .~~ , ..... '" ::;: - C::) .:~, ~'" t....l .. .... SHERIFF'S RETURN - OUT OF COUNTY CASE NOI 1998-00781 P CO""ONWEALTH OF PENNSYLVANIA, COUNTY OF CU"BERLAND SCHROY GEORGE VS. SEARS ROEBUCK AND CO ET AL R. Thomas Kline . Sheri~~, who being duly sworn according to law, saye, that he made a diligent eearch and inquiry ~or the within named de~endant, to witl SEARS ROEBUCK AND CO"PANY but wae unable to locate Them in his bailiwick. He therefore deputized the sheri~~ o~ PHILADELPHIA County, Pennsylvania. to serve the within CO"PLAINT On "arch 13th. 1998 the attached return from . this of~ice was in receipt o~ PHILADELPHIA County, Pennsylvania. Sheri~f's Costs I Docketing Out of County Surcharge Philadelphia Co. 18.00 9.00 6.00 136.00 $16~.~0 HANDLER AND WIENER 03/13/1998 Sworn and subscribed to before me this / -3 It::: day of 7k...(~U 19 in A. D. I I ~ \ \~ , I! ~LL C. /Jtd.~/.<--, ,~- t'rothonotary " \, " . ......., 'HERI""'S RETURN - SUMMONS/COMPI.^INT I~JI'~ 'I t!J Cu-n-t COMMON PL EAS NO. COUNTY COURT 9 j- 711 VERSUS ~JI /?acLf-'f (J C;o C T NO. FV77roc TEAM, 19 o Defendant SERVED AND MADE KNOWN TO ...J'" t/.- /Io.e.- IiRDefendant Company by handing a true and attested copy of the within Summons/Complaint, issued in the above captioned mailer on Pc b Ii, 19 -SL ,at 7:3u o'clock, /J- M., E.S.T./D.S.T. at / ~ ,~ ~ - 111-E r L 1- State of Pe~nSYlVania, to ~k, fr_ -Sf"" y , in the County of Philadelphia, o (1) the aforesaid defendant, personally; o (2) an adult member of the family of said defendant, with whom said defendant resides, who stated that his/her relationship to said defendant is that of o (3) an adult person in charge of defendant's residence; the soid adult person haVing refused, upon re- quest, to give his/her name and relationship to said defendant; 0(4) ~(S) 0(6) the manager/clerk of the place of lodging in which said defendant resides; agent or person for the time being in charge of defendant's office or usual place of business. the and officer of said defendant Company; So Answers, JOHN D. GREEN, Sheriff '-f,n.. 12.38 IRo" 12<117) .-.. ...., . .~ _..~", - ,. .- - .~. - '. . I "" "" IHI!RI"""S RI!:TUflN - SUMMONS/COMPLAINT c:S Jr"j ~~ COMMON PL.EAS NO. COUNTY COURT 1'Y- 7.PI VERSUS @ toCtJ fh~JL" Cov r C/o C T ~ TERM, t9 NO. FV77/pf., o Defendant SERVED AND MADE KNOWN TO S (J.,II-€- ~Defendant Company by handing a true and allested copy of the within Summons/Complaint, issued in the above captioned maller on Pc h J q , 19 9:? , at Cj '30 o'clock, fJ- M., E.S. T./D.S.T. at /&.3 ')- nlivl.J- State of Pe~nsYlVania, to '-;(, fz- -Sf I' ti Y - , in the County of Philadelphia, o (1) the aforesaid defendant, personally; o (2) an adult member of the family of said defendant, with whom said defendant resides, who stated that his/her relationship to said defendant is that of o (3) an adult person in charge of defendant's residence; the said adult person having refused, upon re- quest, to give his/her name and relationship to said defendant; 0(4) ~(S) 0(6) the manager/clerk of the place of lodging In which soid defendant resides; agent or person for the time being in charge of defendant's office or usual place of business. the and officer of said defendant Company; So Answers, JOHN D. GREEN, Sherif( '-/J2- ( 12.38 (Re.. I2Al7) ...,.....~ \ , I J ,t, \~ " . 1 11 ( , ~ ! " 'I ,1_.". '._0'1') . ' In T!lC Court of Co III 11I0 n Pleas of CUlllhcrland County, Pcnnsylvania George Schroy VS, Roadmaster Corporation No, 98-781 Civil '('erm 19_ I'ow, Feb. 10 , 19989_,1 SHERIFF OF CUMBERLAND COUI'TY, P.-\ do h~rob~' doputlzotho ShorlfTof Ph i 1 adel ph ia Count)' 10 exooulo this Writ. this d~pulallon h~lng mad~ atth~ r~qu~sl and risk of Ih~ PlalntlfT. "'r'./~ ;'/.&? r~;~""""":,/::,,,'f~ . . Sh~rlrrofCumb~rland Coun!)', Pa. Affidavit of Service Now, 19 o'c1uck . at ~I. s~r\'~d lh~ within upoo at by handing 10 anestod oopy of tho original th~ conlonts lhoreof, a truo and ond made known to So answers. :' Shoriff of Coun!)'. Pa, y.:O COSTS Snorn and suhscribed before me this duyof 19_ SERVICE MILEAGE AFFID,\ VIT s s ( u. m < u.>' -.,. - - ffi;:, :a \1.1 ::t :::;:. ...1> tn. ... 'j) --I UJ ... '" _OJ .,_ 1-- CO -. in -,. lL .. .:::Z o~. I. = .:.;>% ",J,~. ~:). - W iZ-:.: .! c... ...<> 0 ~ .r'1-"::'r,~,:r.~~'"":~rfl'~, ~, \11 '?'.l, \ ,"); , f:~ -. "-~, '". ";"~ . '~;,;:""~'t: \' I :- ": '.. ,"'.. 'i,,!~"'::: r:'";; l;.:>'.,~ "j'J ~,'f 'A:..!r~wl1\\I' ~ ",a~~'J';Ii.),)l}~ .>'...,../'".... ';'"{ ',\~ ".' , .,.. ~ '~.." ,'" ''''''''d I "~~..t~,~l>, l'~u\fr)J~fil{12 ,>.;J"_~"'{ ,1.$ St~'f t....,',I, . \'HANDLERANDW/"NER' ;.. t'- '''' 'l.-Jq..,'f\:" '~,;..,..... ''i'~'f~j'fJj >I '~'h,'~t!.!.f;.>",:-,."" ".'- ~t,.., .' , ' .. ", ". ... , ., ;~: ,:-,"<'~,~,!l,!f;<"/"i"'!o": l~lJ.ht':"";;E";w'~( !I'., ;j':::: ~'" '. "-,', ' < , ~.',/",: ..' ,,/, .l.'"q f""T!"':"~ ~f>'1:I~~~lt!..J~' <J~',,\,"~,tl"j~\I\\.,.~ '-()I, 1 .,., , .,' . . 'ATTORNEVS;.AT.LAW ,~ .' .._... ~ '''I' ~l.j" l",' '\l~'(i{' 'Je \ r.,~'.t~.tJ',.~'1:.,'I,,;, 'II I;. ,', II: ' " , , ~ ~." ",' ',', ,.,' I"~ '1;;"t...';i:~4. '~i1.;~,b}:I'~,:\,~.,~\ll'iH'1<;I..;" .\,~ '" ~' P,O. BOX 1177,31D MARKETSTREcr:. ('. ~ '.'-~', ", {I. 1 ,,",~~:>"":A~Y!.i\},;.r ~/~"" 'I'~"'''',~,' . <T' '. """\ '\,. ~-(t.:,."". I ~'<','i\(':~';:~';','~":'~I.': ',' ,', ',,1),: HAAAISBURO,PENNSYLVANIA17108. ',', ~, "~.>..~ ':'>,''''~>:')f:ffili~~~ 'I'~' <^ 1''',- ~.~ .~, j... , I - . '''. ,'.,' ~.... '^)I:,,\~.',:,..;'.I::::t:I'~~f't.~,~\,,'~' "~' TELEPHONE:(717)238-Z000 '~~',...' ,: ~;'}o'~~~A~;.~ '"'11~\,~~1:~':'0l~i:~r\;~"'0ft21"~i': ""~Ii, ',t, '. _ '.~. ..'.: ;;';;, (;:;'~)i';}~~~0::ffi*~11r{~if~1~~ PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-781 CIVIL SEARS, ROEBUCK and CO. and ROADMASTER CORPORATION, DEFENDANTS: CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE & END TO: CUMBERLAND COUNTY PROTHONOTARY Kindly mark the above-captioned matter SETTLED, DISCONTINUED and ENDED, with prejudice. DATE: 3 \ cl yl1'b arroll, Esquire R & WIENER 31 arket Street P.O. Box 1177 Harrisburg, Pa 17108 ATTORNEY FOR PLAINTIFFS