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Home My WebLink About01-0859 FX '..,;; ." I" . . . MATTHEW 1. GEYER, A MINOR, BY CYNTHIA GEYER, HIS PARENT AND NATURAL GUARDIAN, and CYNTHIA GEYER, INDIVIDUALLY AND IN HER OWN RIGHT, Plaintiffs, v. DYNACRAFT INDUSTRIES, INC. and AMES MERCHANDISING CORPORATION Defendants. AND NOW THIS _ day of " I 1iMW:1" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-859 CIVIL JURY TRIAL DEMANDED ORDER ,2001, a hearing is hereby scheduled on the Petition of Plaintiffs for Approval of a Minor's Settlement for the _ day of 200_ at o'clock, M. in Court Room No. BY THE COURT J. ,1. r ,~ _,<. " "c '",-ff !ll'lIll1~k", MATTHEW GEYER, A MINOR, BY CYNTHIA GEYER, HIS PARENT AND NATURAL GUARDIAN, and CYNTHIA GEYER, INDIVIDUALLY AND IN HER OWN RIGHT, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DYNACRAFT INDUSTRIES, INC. and AMES DEPARTMENT STORES, INC. Defendants NO. D'-P~ CotY~ JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT, IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS NOTICE AND COMPLAINT IS SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY ADN FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS OT HTE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE DOCUMENT OR FOR ANY OTEHR CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTRS 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 Document #: 195872.2 ~;, -"-" , , "'~ " ,; 11];:,'.', MATTHEW GEYER, A MINOR, BY CYNTillA GEYER, illS PARENT AND NATURAL GUARDIAN, and CYNTHIA GEYER, INDIVIDUALLY AND IN HER OWN RIGHT, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 0/- liS9 ~ --- I..t..uw-- DYNACRAFT INDUSTRIES, INC. and AMES DEPARTMENT STORES, INC. Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff is Matthew Geyer, a minor, who was born on February 11, 1986 (hereinafter referred to as "Minor Plaintiff"). This action is brought on his behalf by Cynthia Geyer, an adult, the minor's parent and natural guardian, who resides at 1436 Mountain Road, Newburg, Cumberland County, Pennsylvania. 2. Plaintiff, Cynthia Geyer, is an adult individual who resides at 1436 Mountain Road, Newburg, Cumberland County, Pennsylvania. 3. Defendant, Dynacraft Industries, Inc. (hereinafter referred to as "Dynacraft") is a business corporation authorized to do business in the Commonwealth of Pennsylvania, with a business address at 2550 Kerner Boulevard, San Rafael, California. 4. Defendant Dynacraft and is, and was at all times relevant hereto, in the business of designing, manufacturing, selling and supplying bicycles for consumer use. Document #: 195872,2 ~~_L. ~ " -"-' - ~-,~'" 5. Defendant, Ames Department Stores, Inc. (hereinafter referred to as "Ames") is a business corporation authorized to do business in the Commonwealth of Pennsylvania with a corporate address of 2418 Main Street, Rocky Hill, Connecticut 06067-2598. 6. Defendant Ames is and was at all times relevant hereto in the business of supplying and selling bicycles for consumer use. 7. On or about May 28, 1999, Minor Plaintiff purchased a Magna bicycle, model no. 8534-83, with serial number 99TD875975 from the store of Defendant Ames located at P.O. Box R Route 1, Rehobeth Beach, Delaware. 8. On or about July 20, 1999, Minor Plaintiff was riding the aforementioned bicycle on Eberly Road, in Cumberland County Pennsylvania, when a piece of foam padding fell from the horizontal bar of the bicycle which connects the seat to the front of the bicycle, into the front wheel causing the wheel to lock up. 9. The bicycle then proceeded to flip in a forward direction causing Minor Plaintiff to be thrown from said bicycle onto the roadway, causing injury. 10. Immediately following the accident, Plaintiff Cynthia Geyer, was called to the accident scene. 11. Immediately following the accident, Minor Plaintiff was taken to the Hershey Medical Center via LifeLion. 12. As a result of the accident, Minor Plaintiff sustained various injuries, including but not limited to a head injury and injuries to his left elbow and shoulder. Document #: 195872.2 . ~, 'o~""" _ ". ~" " ,'I' 'll "', -.ll.-"', 13. As a result of the aforesaid accident, Minor Plaintiff has suffered permanent scarring and disfigurement. 14. As a result of the aforesaid accident and injuries Plaintiff Cynthia Geyer, has incurred various medical expenses due to the medical treatment sought as a result of the aforesaid accident. 15. As a result of the aforesaid accident, Minor Plaintiff has undergone emotional and mental distress and anguish, embarrassment and humiliation. COUNT I - NEGLIGENCE PLAINTIFF V. DYNACRAFT INDUSTRIES, INC. 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. The bicycle in question was manufactured, designed, sold and supplied by Dynacraft. 18. The aforesaid accident and injuries to Plaintiff were caused by the negligence, carelessness and/or recklessness of the Defendant Dynacraft and/or its servants, agents, workmen and/or employees. Defendant Dynacraft's negligence includes the following without limitation: (a) Failure to properly and adequately research, design, construct and manufacture the bicycle; (b) Failure to properly and adequately test, analyze and evaluate the performance, limitations and potential uses of the bicycle; Document #: 195872.2 " , ',- .--,-1 , ~ - .,o,~- "'-"~'''''"~'--' (c) Failure to properly and adequately promote, advertise, warn and apprise of the capabilities, limitations and potential hazards of the bicycle; (d) Failure to properly instruct consumers of the use, maintenance and hazards of the bicycle; (e) Failure to properly and adequately investigate and determine the limitations, hazards and other problems other users of this type of product had discovered and were experiencing, and failure to properly warn thereof; (f) Failure to design, construct and manufacture the bicycle in accordance with established state-of-the-art standards available at the time the product was manufactured; (g) Designing, manufacturing, selling, and supplying a bicycle with a foam pad on the horizontal bar which was not secure and which was capable of detaching or being accidentally knocked from the bar; and (h) Failure to properly and adequately inspect the bicycle prior to its release to the public. 19. As the direct and proximate result of the aforesaid negligence, carelessness and recklessness of Defendant Dynacraft, Plaintiff suffered those injuries, damages, and expenses set forth above. Document #: 195872.2 ~..~ -" ,'~' , < I "'.~-'-, WHEREFORE, Plaintiff demands judgment against Defendant Dynacraft Industries, Inc. in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. COUNT II - STRICT LIABILITY PLAINTIFF V. DYNACRAFT INDUSTRIES, INC. 20. Paragraphs 1 through 19 are incorporated herein by reference. 21. At all times relevant to this action, Defendant Dynacraft was in the business of manufacturing and selling products of the type involved in this case, and manufactured and sold the particular product referred to above with the intention that it would be ultimately used by the Plaintiff or other individuals similarly situated. The Defendant Dynacraft expects its products to reach the ultimate users and consumers without substantial change in the condition in which they are manufactured and sold by Defendant Dynacraft. 22. The product involved in this case did, in fact, reach the ultimate purchaser and user without substantial change in the condition in which it was manufactured and sold by Defendant Dynacraft. 23. The aforesaid bicycle as manufactured and sold by Defendant Dynacraft was manufactured and sold in a defective condition unreasonably dangerous to Plaintiff for the reasons set forth above in paragraph 16, which paragraph is incorporated herein by reference. 24. As the direct and proximate result of the defects described above, Plaintiff sustained all of the injuries, damages and expenses set forth above, for which Defendant Dynacraft is liable and for which claim is hereby made. Document #: 195872,2 < -" -'~ ~ , 1.- . . "'"lWl~""-'.L.< WHEREFORE, Plaintiff demands judgment against Defendant Dynacrafi Industries, Inc. in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. COUNT III - BREACH OF WARRANTY PLAINTIFF V. DYNACRAFT INDUSTRIES, INC. 25. Paragraphs 1 through 24 are incorporated herein by reference. 26. Defendant Dynacrafi was at all times relevant to this action a merchant with respect to the manufacture and sale of the bicycle. 27. Defendant Dynacrafi in designing, manufacturing, selling and distributing, and marketing the bicycle expressly and/or impliedly warranted to the general public, to the users and consumers and to Plaintiff that the bicycle was designed and manufactured in a safe and reasonable manner, and was merchantable and fit for the ordinary purpose for which said bicycle is used. 28. The aforesaid product was sold by Defendant Dynacrafi through Defendant Ames at some time prior to the incident set forth in Plaintiff's Complaint. 29. Defendant Dynacrafi, with full knowledge of the product's intended use, warranted, both expressly and impliedly, that said product was fit for the specific use and purpose for which it was intended, and so that it could be so used without causing injury or damage to users of said product. DOczlment #: 195872.2 i~r "...... L<" '_ ~__ ~'1" 30. Purchasers of the product including Plaintiff, relied upon the express and implied warranties of Defendant Dynacraft as set forth above in purchasing and using the aforesaid product, which reliance Defendant Dynacraft was fully aware of. 31. The aforesaid product did not function properly as warranted by Defendant Dynacraft, and therefore Defendant Dynacraft breached the above-stated warranties by failing to design, construct and manufacture said bicycle so that it would be free from defects, be of marketable quality, be fit for the specific purpose intended, and be fit for the ordinary foreseeable uses for which said product was and would be put. As a result of said breach, said product caused the incident set forth above. WHEREFORE, Plaintiff demands judgment against Defendant Dynacraft Industries, Inc. in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. COUNT IV - NEGLIGENCE PLAINTIFF V. AMES DEPARTMENT STORES, INC. 32. Paragraphs 1 through 31 are incorporated herein by reference. 33. The aforesaid accident and injuries to Plaintiff were caused by the negligence, carelessness and/or recklessness of the Defendant Ames and/or its servants, agents, workmen and/or employees. Defendant Ames' negligence includes the following without limitation: (a) Failure to properly and adequately promote', advertise, warn and apprise of the capabilities, limitations and potential hazards of the bicycle; Document #: 195872.2 ~ ~ "1'''''' [ ~,;;, (b) Failure to properly instruct consumers of the use, maintenance and hazards of the bicycle; (c) Failure to properly and adequately inspect the bicycle prior to its release to the public; (d) Failure to warn users and consumers of the defective and dangerous condition of the foam padding, which had the capability of falling into the tire; and (e) Failing to properly and adequately assemble the bicycle. 34. As the direct and proximate result of the aforesaid negligence, carelessness and recklessness of Defendant Ames, Plaintiff suffered those injuries, damages, and expenses set forth above. WHEREFORE, Plaintiff demands judgment against Defendant Ames Department Stores, Inc. in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. COUNT V - STRICT LIABILITY PLAINTIFF V. AMES DEPARTMENT STORES, INC. 35. Paragraphs I through 34 are incorporated herein by reference. 36. At all times relevant to this action, Defendant Ames was in the business of selling products of the type involved in this litigation, and sold the particular product referred to above with the intention that it would be ultimately used by the Plaintiff or other individuals similarly situated. The Defendant Ames expects its products to reach the ultimate users and DoczJment #: 195872.2 ~ , -;; c. ,,[ =~~ ~~"~""< consumers without substantial change in the condition in which they were sold by Defendant Ames. 37. The product involved in this litigation did, in fact, reach the ultimate purchaser and user without substantial change in the condition in which it was sold by Defendant Ames. The aforesaid bicycle as sold by Defendant Ames was sold in a defective condition unreasonably dangerous to Plaintiff for the reasons set forth above in paragraphs 18 and 33, which paragraphs are incorporated herein by reference. 38. As the direct and proximate result of the defects described in paragraphs 18 and 33, Plaintiff sustained all of the injuries, damages and expenses set forth above, for which Defendant Ames is liable and for which claim is hereby made. WHEREFORE, Plaintiff demands judgment against Defendant Ames Department Stores, Inc. in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. COUNT VI - BREACH OF WARRANTY PLAINTIFF V. AMES DEPARTMENT STORES, INC. 39. Paragraphs 1 through 38 are incorporated herein by reference. 40. Defendant Ames was at all times relevant to this action a merchant with respect to the sale of the bicycle. 41. Defendant Ames in selling and distributing, and marketing the bicycle expressly and/or impliedly warranted to the general public, to the users and consumers and to Plaintiff Document #: 195872.2 -"" ,. ",. lc , -"" ""~ '1il~1I'I&i6,." that the bicycle was merchantable and fit for the ordinary purpose for which said bicycle is used. 42. The aforesaid product was sold by Defendant Ames at some time prior to the incident set forth in Plaintiffs Complaint. 43. Defendant Ames, with full knowledge of the product's intended use, warranted, both expressly and impliedly, that said product was fit for the specific use and purpose for which it was intended, and so that it could be so used without causing injury or damage to users of said product. 44. Purchasers of the product, including Plaintiff, relied upon the express and implied warranties of Defendant Ames as set forth above in purchasing and using the aforesaid product, which reliance Defendant Ames was fully aware of. 45. The aforesaid product did not function properly as warranted by Defendant Ames, and therefore Defendant Ames breached the above-stated warranties by selling the bicycle with defects. The bicycle was not of marketable quality, not fit for the specific purpose intended, and not fit for the ordinary foreseeable uses for which the product was and would be put. As a result of the breach, the product caused the injuries to the minor Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Dynacraft Industries, Inc. in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. Document #: 195872.2 oj; --~"",,' , - ,,;j , " .. COUNT VII - PLAINTIFF, CYNTHIA GEYER V. DEFENDANTS 46. Paragraphs 1 through 45 are incorporated herein by reference. 47. Plaintiff, Cynthia Geyer, suffered fright, shock, anxiety and other emotional distress as a result of coming upon the accident scene shortly after the accident and learning her son had suffered a head injury and had been life-flighted to the hospital, and claim is made therefore. 48. Plaintiff Cynthia Geyer has incurred medical bills and expenses for the treatment of her son, for which claim is hereby made. WHEREFORE, Plaintiff demands judgment against both Defendants in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~ ~,"J Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: 2-~ ,OJ Document #: 195872.2 - 4J~IOlI!IOl._S,- ~" ,,,,.I "'~~-'~""j- '; VERIFICATION I, Cynthia Geyer, Parent and Natural Guardian of Plaintiff Matthew Geyer, do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: c;2-3- 0/ Cy a Geyer, Parent and atural Guardian of Plaintiff Matthew Geyer Document #: /95872.2 ~- ' ,----- 'CC,"H -"l- - ;),~ 4 ;;,... MATTHEW GEYER, et al. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW DYNACRAFT INDUSTRIES, INC., et al., Defendants No. 01-859 ENTRY OF APPEARANCE TO: Curt Long, Prothonotary Please enter the appearance of Keefer Wood Allen & Rahal, LLP by Charles W. Rubendall II and Brenda L. Gacki on behalf of defendant Dynacraft Industries, Inc. ~, reserving its right to respond to plaintiffs' complaint with a pleading authorized by Pa. R. Civ. P. 1017. A single copy of all items sent by your office to the attention of Mr. Rubendall alone will be satisfactory. KEEFER WOOD ALLEN & RAHAL, LLP Dated: March 19, 2001 ~~,.". By Charles W. Rubendall II I.D. # 23172 Brenda L. Gacki LD. # 75912 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8010 and 255-8037 -.-.-''- , ~, -,~- -, "" - "',,-,, >~, "--'j:, , ~, CERTIFICATE OF SERVICE I, Charles W. Rubendall II, Esquire, one of the attorneys for defendant Dynacraft Industries, Inc., hereby certify that I have served the foregoing paper upon counsel of record this date by depositing true and correct copies of the same in the United States mail, first-class postage prepaid, addressed as follows: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P. O. Box 5300 Harrisburg, PA 17110-0300 Ames Department Stores, Inc. 2418 Main Street Rocky Hill, CT 06067-2598 KEEFER WOOD ALLEN & RAHAL, LLP ~. By Charles W. Rubendall II Dated: March 19, 2001 ~_:~ ~Ii!ii('"'" ,: "[jrfn '. ,,' lJi .., _ ~, ,.~ t . ,,- " ~- "' _ ^ c ,~ --,. "0,",,-,"'--"; ;"~,, >~ "\',-,;; ~;~- V, " "" ,. o ~; -or-;' l~,fi~, ~:;.:- ~O ?:~C /...C )?c: :;?: ~ C) ~.';''''' ,'~ ';D N o -0 . , fv o '1'1 .-1 -;':\71 _,~rr'\ .:,0 :o:?lS~ ~~?I ....; ~ .,- ~ o~_,_, "" , ", "" _"L ' ;'",~_", ' ^ , . ..~; .'; <-I ,~ ~ " ~:'C:~i ) , t " MATTHEW GEYER, et al., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW DYNACRAFT INDUSTRIES, INC., et al., Defendants No. 01-859 Civil DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT NOW COME defendants Dynacraft Industries, Inc. and Ames Department Stores, Inc. (hereinafter referred to collectively as "defendants"), through their counsel, Keefer Wood Allen & Rahal, LLP, to provide the following answer with new matter in response to plaintiffs' complaint, averring as follows: 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted with clarification. Defendant Dynacraft Industries, Inc. ("Dynacraft") does business in Pennsylvania; its address is as shown in paragraph 3 of plaintiffs' complaint. 4. Admitted in part and denied in part. Defendant Dynacraft is in the business of selling and supplying bicycles for consumer use. However, the bicycles it sells are designed and manufactured by unrelated entities. Moreover, bicycles sold ... ,':'- - ... .~'" ': , . ,-' --"-" ~' "J;, "';.;':..,~-::'~"'''' ~,J,,:" "';'",<-', ,,",'-',-<-"', ,,-, ,-,:-~~l~:'~~ """r.- ", -<->~:;/\ ,"" ""';:_;,~ ,-.--^-, "',-~ ! c by Dynacraftare shipped directly from the manufacturing entities to a warehouse facility, where they remain in unopened boxes until they are shipped to the retailers' distribution centers. 5-6. Admitted with clarification. The complaint names Ames Department Stores, Inc., but that entity is not the proper party. The proper defendant is Ames Merchandising Corporation ("AMC"), a wholly-owned subsidiary of Ames Department Stores, Inc. AMC is the entity that operates the retail stores and owns all their inventory. AMC does sell bicycles for consumer use.' 7. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averment, and proof thereof is hereby demanded at trial, if relevant. 8. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averment, and proof thereof is hereby demanded at trial, if relevant. 9. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as 1/ From this point forward, paragraphs addressed to defendant Ames alone will be answered on behalf of AMC, the subsidiary corporation that should have been named as a defendant, rather than its corporate parent. - 2 - ","," ,-, ,,'" i ,-' <, .__--~:'__~ v," , ,;,-'c~'.' - _ >" . ,-- ""wO. ~. -'<-.,.. _"~'__:_";-'I' <" -, ., ,," .' -"~;:-- ': .:- :-'~ : ~ ,,;-.. ,;;""~.",,, .;':':' _ii''-',;. '-~Q~ , { to the truth of the averment, and proof thereof is hereby demanded at trial, if relevant. 10. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averment, and proof thereof is hereby demanded at trial, if relevant. 11. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averment, and proof thereof is hereby demanded at trial, if relevant. 12. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averment, and proof thereof is hereby demanded at trial, if relevant. 13. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averment, and proof thereof is hereby demanded at trial, if relevant. 14. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as - 3 - 1,-- ", dO _'L ,~;-' :"~ ."0 ".. " "" _'-"" .' _ , ,,; <'--J~,;-"'-- --:,k,- ;"-';' '- <-,-'-"" ,'/~,;:,::-, ,", ~ ~'- liL~ t , to the truth of the averment, and proof thereof is hereby demanded at trial, if relevant. 15. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averment, and proof thereof is hereby demanded at trial, if relevant. WHEREFORE, defendants respectfully request this Honorable Court to dismiss plaintiffs' complaint as against each of them, to enter judgment in their favor, together with costs of suit and any other relief this Court deems fair and just. COUNT I - NEGLIGENCE PLAINTIFFS V. DYNACRAFT INDUSTRIES. INC. 16. Defendants incorporate by reference here their responses to paragraphs 1 through 15 above as if they were set forth in full. 17. Admitted in part and denied in part. Defendant Dynacraft neither designed nor manufactured the bicycle in question. On the contrary, it was designed and manufactured by an unrelated entity. The remaining averments are correct. 18. Denied. Defendant Dynacraft denies that minor- plaintiff was injured in any way as the result of any negligence, - 4 - -"' ,_c, ,,_-J: ,-,."-,, - , '",_,,_' <'~;' ~,_~ ___, c_ ~;'- ^ ',; .'C, _,~_ _n ,-, ;', .:;,;1::;;:;' ",'" , .",-,_-~ -'-,-~'- J,,'" .','-,,- -~;":";~j~~ < carelessness, and/or recklessness on its part, including the specific assertions of such conduct set forth in subparagraphs 18(a) through 18(h) of plaintiffs' complaint. To the contrary, at all times pertinent to plaintiffs' complaint, defendant Dynacraft's conduct was entirely free from negligence, carelessness, or recklessness or any other basis on which its liability for causing harm can validly be asserted. 19. Denied. Defendant Dynacraft denies that minor- plaintiff was injured in any way or suffered any damages or expenses as the result of any negligence, carelessness, and/or recklessness on its part. To the contrary, at all times pertinent to plaintiffs' complaint, defendant Dynacraft's conduct was entirely free from negligence, carelessness, or recklessness or any other basis on which its liability for causing harm can validly be asserted. WHEREFORE, defendant Dynacraft respectfully requests this Honorable Court to dismiss plaintiffs' complaint as against it, to enter judgment in its favor, together with costs of suit and any other relief this Court deems fair and just. - 5 - "'i ".(-,---, -,,, . -', . '.cC ","c"""'V.. "" ~,:"-- J,:;-', -- ~-^' ..-,~,." 'J,;' ",;~-", "' .-,' '~::;-~i COUNT II - STRICT LIABILITY PLAINTIFFS V. DYNACRAFT INDUSTRIES. INC. 20. Defendants incorporate by reference here their responses to paragraphs 1 through 19 above as if they were set forth in full.. 21. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be made by defendant Dynacraft. Should the Court deem a response necessary, defendant Dynacraft admits that it was in the business of selling products of the type involved in this litigation and expected its products to reach the ultimate user and consumer without a substantial change in the condition in which they was sold. Defendant Dynacraft denies that it manufactured the product in question. See defendants' response to paragraph 4 above. As for the remainder of the averments of this paragraph, defendant Dynacraft is, after reasonable investigation, without knowledge or information sufficient to form a belief as to the truth of same, and proof thereof is hereby demanded at trial, if relevant. 22. Denied. After reasonable investigation, defendant Dynacraft is without knowledge or information sufficient to form - 6 - ',-,--,,,-,,>' -' " "'c 'C'ch. '" '-;---;;..:';-1,/- -,-,<-', .... ,-,-^<~^: ,,-=,'," <:"'J - < -"Z] , a belief as to the truth of the averment, and proof thereof is hereby demanded at trial, if relevant. 23. Denied. Defendant Dynacraft specifically denies that the subject bicycle "... was manufactured and sold in a defective condition unreasonably dangerous to plaintiff " On the contrary, the bicycle in question was free from defects and was not dangerous to users or other individuals when it reached AMC, Dynacraft's customer. By way of further answer, defendant Dynacraft believes that plaintiffs have mistakenly alluded here to paragraph 16 of the complaint, when they intended to reference paragraph 18. Defendant Dynacraft incorporates by reference here its answer to paragraph 18 of plaintiffs' complaint as if it were set forth in full. By way of further answer, defendant Dynacraft denies that it manufactured the product in question. See defendants' response to paragraph 4 above. 24. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be made by defendant Dynacraft. Should the Court deem a response necessary, defendant Dynacraft denies that minor-plaintiff was injured in any way or suffered any damages or expenses as the result of any alleged "defects" in the subject bicycle. On the - 7 - " ~ ,,,,,-~-'--~:='.'-< ,"'- "~""C d'''~" "' c, -'~~./--- ,,' c, ,~'~ . .1, ,.. , -~ " -,~- - , ,_::~';_ --_~:_:':~; _< ~ ,:,;1;.-~,,-"d <,,/,,~_: ';"i~' .' contrary, the bicycle in question was free from defects and was not dangerous to users or other individuals when it reached AMC, Dynacraft's customer. WHEREFORE, defendant Dynacraft respectfully requests this Honorable Court to dismiss plaintiffs' complaint as against it, to enter judgment in its favor, together with costs of suit and any other relief this Court deems fair and just. COUNT III - BREACH OF WARRANTY PLAINTIFFS V. DYNACRAFT INDUSTRIES. INC. 25. Defendants incorporate by reference here their responses to paragraphs 1 through 24 above as if they were set forth in full. 26. Admitted in part and denied in part. Defendant Dynacraft is not a merchant with respect to the manufacture of bicycles. See defendants' response to paragraph 4 above. 27. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be made by defendant Dynacraft. Should the Court deem a response necessary, defendant Dynacraft states the subject bicycle, which was free from defects when it reached AMC, Dynacraft's customer, was merchantable and fit for the ordinary purpose for which it - 8 - ~ .. ~--"' -' -,,- -' " -, ;'''" ,'u,__,,"-,O'" ,~- '~-L\';-,"",":', ,- '>'~_-O;, -< k;':,,-,'_-," ,-,,}'. ',_L:':~., -_'i'~'-~ ;,'~- -,..',' ''-"'',;_,"'0'''' '; ',,\ , ';;;}k~ * was intended and was accompanied by the appropriate warranties. By way of further answer, defendant Dynacraft denies that it manufactured the product in question. See defendants' response to paragraph 4 above. 28. Denied. The subject bicycle was sold by defendant Dynacraft to AMC (see paragraphs 5-6 above) some time prior to the incident in question. 29. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be made by defendant Dynacraft. Should the Court deem a response necessary, defendant Dynacraft states the subject bicycle, which was free from defects when it reached AMC, Dynacraft's customer, was merchantable and fit for the ordinary purpose for which it was intended and was accompanied by the appropriate warranties. 30. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be made by defendant Dynacraft. Should the Court deem a response necessary, defendant Dynacraft denies the averment for the reason that after reasonable investigation, defendant Dynacraft is without knowledge or information sufficient to form a belief as - 9 - ~,-,,"- 1",';":'0")'><';;';';'--,,"- 'w' "",cC""^H.'''' ~",~~"~',..<-i'~_~", '~" ~,~ ;-'~-L. -"__c,", , , ::: ~i-:"_':;';;i"'>d:~'_I;.i', 'i.,..,: ">jft; to the truth of same, and proof thereof is hereby demanded at trial, if relevant. 31. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be made by defendant Dynacraft. Should the Court deem a response necessary, defendant Dynacraft denies the averment and states that the bicycle in question was free from defects when it reached AMC, Dynacraft's customer. Defendant Dynacraft specifically denies that it breached any warranty, express or implied, given in connection with the sale of the subject bicycle. By way of further answer, defendant Dynacraft denies that it manufactured the product in question. response to paragraph 4 above. WHEREFORE, defendant Dynacraft respectfully requests this See defendants' Honorable Court to dismiss plaintiffs' complaint as against it, to enter judgment in its favor, together with costs of suit and any other relief this Court deems fair and just. - 10 - - -~"~-,;':,,,;,,--,,;, "', ".-,,,,,-,-,-, ;,- '-''',' ,~,;;,-,-.-,,- ---'-""- :_-(-~, ' COUNT IV - NEGLIGENCE PLAINTIFFS V. AMES DEPARTMENT STORES. INC. 32. Defendants incorporate by reference here their responses to paragraphs 1 through 31 above as if they were set forth in full. 33. Denied. AMC denies that minor-plaintiff was injured in any way as the result of any negligence, carelessness, and/or recklessness on its part, including the specific assertions of such conduct set forth in subparagraphs 33(a) through 33(e) of plaintiffs' complaint. To the contrary, at all times pertinent to plaintiffs' complaint, the conduct of AMC was entirely free from negligence, carelessness, or recklessness or any other basis on which its liability for causing harm can validly be asserted. 34. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be made by AMC. Should the Court deem a response necessary, AMC denies that minor-plaintiff was injured in any way or suffered any damages or expenses as the result of any negligence, carelessness, and/or recklessness on its part. To the contrary, at all times pertinent to plaintiffs' complaint, the conduct of AMC was entirely free from negligence, carelessness, or - 11 - "'~" " ~"""";"~ i I i i i I II ~~ u ~[, ,';',\' .~,., ,~. ""+ .,. .' -'-'-~ ',.;;" ""\,~. -~. -', - ~ >:';,__-:":k ;,;.-'--6',-, ~- __<,', ,;"0 ,--,- -, - >:,,:_,;;';',;;;;';-~c>~"->. '>::;:\i Ji~i recklessness or any other basis on which its liability for causing harm can validly be asserted. WHEREFORE, AMC respectfully requests this Honorable Court to dismiss plaintiffs' complaint as against it, to enter judgment in its favor, together with costs of suit and any other relief this Court deems fair and just. COUNT V - STRICT LIABILITY PLAINTIFFS V. AMES DEPARTMENT STORES. INC. 35. Defendants incorporate by reference here their responses to paragraphs 1 through 34 above as if they were set forth in full. 36. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be made by AMC. Should the Court deem a response necessary, AMC admits that it was in the business of selling products of the type involved in this litigation and expected its products to reach the ultimate user and consumer without a substantial change in the condition in which it was sold. As for the remainder of the allegations of this paragraph, AMC is, after reasonable investigation, without knowledge or information sufficient to - 12 - J.j ",,'., .d=,~-'~i."~--;>~~- 'C.' -- ". , ,-",-),~: ~" .,,"-"'; ''', ,_;.,'n, ", ,', .. ;",-,\ , <', ""_n_ ;' ",--- k: _, ,,-,~ " i:' ..... hi: form a belief as to the truth of same, and proof thereof is hereby demanded at trial, if relevant. 37. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be made by AMC. Should the Court deem a response necessary, AMC denies that the subject bicycle was sold in a defective condition and was unreasonably dangerous and incorporates by reference here its answers to paragraphs 18 and 33 of plaintiffs' complaint as if they were set forth in full. As for the remainder of the allegations in this paragraph, AMC is, after reasonable investigation, without knowledge or information sufficient to form a belief as to the truth of same, and proof thereof is hereby demanded at trial, if relevant. 38. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be made by AMC. Should the Court deem a response necessary, AMC denies that minor-plaintiff was injured in any way or suffered any damages or expenses as the result of any alleged ~defects" in the subject bicycle. On the contrary, the bicycle in question was free from defects and was not dangerous to users or other individuals when it left the hands of AMC. - 13 - - . "" "'-= = '-' , ~'-c ~- , .cc" c,c,,", ". " " , " r-: , , ',,~ . . . '-'~ - - - - ''''- ':,' , - " '" '",' ~ - - ~ ;,- ,_ cf, },'~ "" _,,"-.,;-,'.. '~-"~ WHEREFORE, AMC respectfully requests this Honorable Court to dismiss plaintiffs' complaint as against it, to enter judgment in its favor, together with costs of suit and any other relief this Court deems fair and just. COUNT VI - BREACH OF WARRANTY PLAINTIFFS V. AMES DEPARTMENT STORES. INC. 39. Defendants incorporate by reference here their responses to paragraphs 1 through 38 above as if they were set forth in full. 40. Admitted with clarification. AMC is a merchant of bicycles. 41. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be made by AMC. Should the Court deem a response necessary, AMC states the subject bicycle, which was free from defects when it left the hands of AMC, was merchantable and fit for the ordinary purpose for which it was intended and was accompanied by the appropriate warranties. 42. Admitted upon information and belief. 43. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be - 14 - .E:...- ~,'~- j -' '"' '-,;i"~__ ".-<- ~, '_-_ -' ':.-.--__";.,,_',,,- .,_"'A"';-'_c'''-''i: ,..~-_-- ",~ '~'''~'~,:,' ". ", :'>;o&.~:h:",,;;- , -_ " 'v'' _, ';_, <,'_,-, - '.-~,,,-- ", "",." - "",-\;j';,,;i;,"'-~ made by defendants. Should the Court deem a response necessary, AMC states the subject bicycle, which was free from defects when it left the hands of AMC, was merchantable and fit for the ordinary purpose for which it was intended and was accompanied by the appropriate warranties. 44. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be made by AMC. Should the Court deem a response necessary, AMC denies the averment for the reason that after reasonable investigation, it is without knowledge or information sufficient to form a belief as to the truth of same, and proof thereof is hereby demanded at trial, if relevant. 45. Denied. This averment is a conclusion of law, or a mixed conclusion of law and fact, to which no response need be made by AMC. Should the Court deem a response necessary, AMC denies the averment and states that the bicycle in question was free from defects and functioned properly when it left the hands of AMC. AMC specifically denies that it breached any warranty, express or implied, given in connection with the sale of the subject bicycle. - 15 - ",". '"j "'~""'" -"'-"~;"'. 'cccU'.",c,.'C. -',"~-- - ' ,:,c"Y ;,~ '-; .:r-'<"i : : ,:; -, " \,-"', , ,- 'c'~, '::""" "'~ WHEREFORE, AMC respectfully requests this Honorable Court to dismiss plaintiffs' complaint as against it, to enter judgment in its favor, together with costs of suit and any other relief this Court deems fair and just. COUNT VII PLAINTIFF CYNTHIA GEYER V. DEFENDANTS 46. Defendants incorporate by reference here their responses to paragraphs 1 through 45 above as if they were set forth in full. 47. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averment, and proof thereof is hereby demanded at trial, if relevant. Defendants specifically deny that plaintiff Cynthia Geyer meets the legal requirements for stating a claim for negligent infliction of emotional distress, if, in fact, such a claim is being stated here. 48. Denied. After reasonable investigation, defendants are without knowledge or informa,tion sufficient to form a belief as to the truth of the averment, and proof thereof is hereby demanded at trial, if relevant. - 16 - 'L__'" _" ,~-.. _,~ "~,"-, '--^"' , ", '-'~ "',, ,; "'-.-~,""",o-J',- " ~, ~,,'. ""0 ,,' - , - '- ,: ;'-,,:,,-r.~,'C' -, -, -',-'- '-'-"-"",:-"'-' , -"-;;.-,",;,~,, - ,:L-~.."__ ' ,,,,-,,iit; WHEREFORE, defendants respectfully request this Honorable Court to dismiss plaintiffs' complaint as against each of them, to enter judgment in their favor, together with costs of suit and any other relief this Court deems fair and just. NEW MATTER 49. The complaint fails to state a claim upon which relief can be granted as against either or both defendants. 50. The damages allegedly sustained by plaintiffs were caused solely, or were contributed to, by plaintiffs' own negligence, lack of due care, or other fault on their part. The degree of such negligence was equal to or greater than any fault of either or both defendants, which is specifically denied. 51. The damages complained of by plaintiffs resulted from uncontrollable circumstances, or the conduct of third parties over which either or both defendants had no control or right of control, or other circumstances and conduct that could not reasonably be anticipated by either or both defendants. 52. Plaintiffs' cause of action is barred, in whole or in part, by the Pennsylvania Comparative Negligence Statute, 42 Pa. - 17 - " 1'-," ~ - ~' ,-- , ,.__~~" c "_'"--~o-,,<.- --' ,"'''-''''':-",-s~--",<- -,,-~ ""c." ^,<,",<-,-, -'-''':":;'-,1 .~ -',',- , ~- ,..,,,,-.. C.S. ~ 7102 ~ Eeq., or the doctrines of comparative and contributory negligence. 53. Plaintiffs or third parties altered and misused the bicycle in question and were guilty of intervening, superseding negligence in causing the subject accident, as follows: (a) The subject bicycle was free from defect at the time of its introduction into the stream of commerce and was thereafter altered and/or poorly maintained by entities other than defendants in such manner as to greatly increase the risk of harm associated with its use, and said alterations and poor maintenance were the cause of any alleged malfunction of the bicycle in question. (b) The subject bicycle was modified and/or misused by plaintiffs or other third parties, and such modification and/or misuse was the sole or contributing cause of the incident described in the complaint. Such modification and/or misuse was equal to or greater than any fault of either or both defendants, which is denied, in causing the incident described in the complaint. - 18 - , ~ - ~,~, ':: i'_ ~_, ,,' ~ ~I I I I I i ,"."-,, , ,~<I", ." ~ . '"'-'-",-, , ,,,,,-,' ~- ",=-r <,"","^ ' --- '~-"c:,-';; ~- - .-, -,' ';'-"r.~,,' "'-,;,," ,,~ ,~, "C,_' __~''''<^'''_ -~,k '_ '", ,'J", ,'I '-':::-'tl (c) In altering and misusing the subject bicycle, plaintiffs or other third parties acted recklessly and such acts constituted superseding, intervening negligence. (d) Plaintiffs or other third parties were negligent in failing to follow the maintenance and operational guidelines for the bicycle in question. (e) Plaintiffs' or other third parties' failure to follow the explicit warnings and instructions on use that accompanied the subject bicycle was the sole cause of the accident, and/or that failure superseded any other cause. (g) The damages alleged in the complaint were the result of misuse or abuse to which persons, firms or corporations other than defendants had subjected the subject bicycle. (h) The conduct of either or both plaintiffs, including acts and failures to act, estops plaintiffs from recovery against either or both defendants. 54. The damages alleged in plaintiffs' complaint were caused by the negligence, lack of due care, defective product, - 19 - ~,-', . "'-0 ~ - -~"'" cc" Coc~"c ,,"....., C .- ",,. -~, , :'/j:l--~ ., ",,---'-',-" c,,,.,,,__, - ;"-:,..~ . intentional act, recklessness, breach of warranty, or other fault of a person, corporation, firm, contractor, association, governmental entity or agency, or organization (or more than one) nt.her t.han defendants, their agents, officers, directors, servants, employees, subsidiaries, successors, predecessors, or related corporations. 55. Minor-plaintiff assumed the risk for the injuries allegedly sustained by him because he voluntarily chose to encounter a known risk. 56. Plaintiffs are barred from recovery because plaintiffs' own negligence, lack of due care, or other fault caused or contributed to the cause of the incident described in the complaint; alternatively, plaintiffs' recovery, if any, must be diminished in the proportion that the culpable conduct of plaintiffs bears to the culpable conduct of all parties and other persons found to have caused the incident described in the complaint. 57. At all times material hereto, both defendants acted reasonably, properly and prudently, and were at no time negligent or careless in regard to the sale of the subject bicycle. - 20 - -~.- _'(4 .~'~ ,-' . -~= c, ~~ ~ . ~ - .~ -~I ,c "- ~~ ~ , 58. In the alternative, if any negligence on the part of either or both defendants is found to exist, which is specifically denied, such negligence was not the proximate cause of plaintiffs' alleged injuries and/or damages. 59. No act or omission on the part of either or both defendants was the cause, in law or fact, of plaintiffs' alleged injuries and/or damages. 60. The negligence, carelessness, recklessness and/or wilful behavior of either or both plaintiffs constituted an intervening and superseding cause of plaintiffs' alleged injuries and/or damages. 61. Adult-plaintiff did not arrive at the accident scene until aftp.r minor-plaintiff had been transported elsewhere by emergency personnel or others. 62. Thus, she did not witness the accident, she did not witness its immediate aftermath, and she did not witness the injuries minor-plaintiff had suffered soon after the accident. 63. Therefore, adult-plaintiff can have no claim against either or both defendants for negligent infliction of emotional distress or otherwise. - 21 - ~ ,,-> '0' ,,-~'-,;~, "'"','--L;'.- "'---'''' '-',-, - '--','; 'Y'L~c,;'-1 ' .. '_'_'_-",cr_ -""'-! 0," '" -~ -_ d: _ , ';'>~wh , 64. Moreover, plaintiffs have not pleaded that adult- plaintiff suffered any injuries, losses, or adverse consequences as a result of her own emotional upset. 65. Therefore, adult-plaintiff can have no claim against either or both defendants for negligent infliction of emotional distress or otherwise. WHEREFORE, defendants respectfully request this Honorable Court to dismiss plaintiffs' complaint as against each of them, to enter judgment in their favor, together with costs of suit and any other relief this Court deems fair and just. Dated: April 25, 2001 KEEFER WOOD ALLEN & RAHAL, LLP CL.h{ ~~ Charles W. Rubendall II I.D. # 23172 Brenda L. Gacki I.D. # 75912 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8010 and 255-8037 By Attorneys for defendants - 22 - , ~ , ~~ ",. "wi;L , . " ~'... YI;RlFlCAT.Qt{ The undel'$igned, John Berman, hereby verifies and states that: 1. He i$ Executiv€: Vice President of Dynacraft Industries, Inc., one of defendants herein; 2. He is authorizej to make this verification on its behalf; 3. The facts set forth in the foregoing answer with new matter, but only to the extent that they relate to defE.ndant Dynacraft, are true and correct to the best of his knowledge, information, and Delief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating tounswom falsification to authorities. ~~B~ J n Berman - Dated: ApriIL 2001 ,- ~~ . ~ . ~ " ~ I, " ...- ... -.. VERIFICATION The undersigned, David H. Lissy, hereby verifies and states that: 1. He is Vice President of Ames Merchandising Corporation, one of defendants herein; 2. He is authorized to make this verification on its behalf; 3. The facts set forth in the foregoing answer with new matter, but only to the extent that they relate to defendant Ames, are true and correct to the best of his knowledge, information, and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification to authorities. Dated: April/'ff, 2001 ,,~-' ~~:: . . ..--- . '-'- -,- '~" ,~~,'- " ' , -~-"" .. Mr." ,,- , , ~ ,~-"'^;, , -, ^- '-':----1'--"--- ,--Co _<",":-:',i';-":; ,: "", J.._" '_," ~~ ~~', '. , , " . "\ ~, .... CERTIFICATE OF SERVICE I, Charles W. Rubendall II, Esquire, one of the attorneys for defendants, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P. O. Box 5300 Harrisburg, PA 17110-0300 KEEFER WOOD ALLEN & RAHAL, LLP ~-,~- Charles W. Rubendall II By Dated: April 25, 2001 - ,,," ~ L I_-,=~~. . --, '-,' -. ~ 'i<" .. MATTHEW GEYER, A MINOR, BY CYNTHIA GEYER; HIS PARENT AND NATURAL GUARDIAN, and CYNTHIA GEYER, INDIVIDUALLY AND IN HER OWN RIGHT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. CML ACTION - LAW DYNACRAFT INDUSTRIES, INC. and AMES DEPARTMENT STORES, INC., NO. 01-859 CML Defendants. JURY TRIAL DEMANDED REPLY OF PLAINTIFFS TO NEW MATTER 49. Denied as a legal conclusion. 50. Denied as a legal conclusion. 51. Denied as a legal conclusion. 52. Denied as a legal conclusion. 53. All averments in Paragraph 53 are denied in fact and denied as legal conclusions. 54. Denied. 55. Denied. 56. Denied. 57. Denied. 58. Denied. 59. Denied. 60. Denied. Document #: 204784,J ~, ~ ~ 61. 62. denied. 63. 64. 65. ~~ I. ~~ - RilI~iI!Illli..l~~_~ ~" - ~ Admitted. Admitted that Plaintiff did not witness the accident. The remaining averments are Denied as an incorrect legal conclusion. Denied. Denied as a legal conclusion. WHEREFORE, Plaintiffs demand that the New Matter be dismissed, and that judgment be entered in their favor with costs. Date: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 5- Z-o( Document #: 204784,J . "'~~ ~.. '", --I- " IW""","'<l'-, .. VERIFICATION I, Cynthia Geyer, do hereby verify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: .s--- 3 - 0 I ~&~r~ Document #: 204784,1 ,:,'" , o - ~" ,'." <, '''''''''''''''"',.'''---".-, CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing Reply to New Matter on the (J.. following person(s) via fIrst-class u.s. mail, postage prepaid, this L day of May, 2001. Charles W. Rubendall, II, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 Document #: 204784,1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Ed~'W 3 211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiffs - >. "~ ~ ~ J. ~ ^. .." ~L . '" I .' - MATTHEW GEYER, A MINOR, BY CYNTHIA GEYER, IDS PARENT AND NATURAL GUARDIAN, and CYNTHIA GEYER, INDIVIDUALLY AND IN HER OWN RIGHT, N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. DYNACRAFT INDUSTRIES, INC. and AMES DEPARTMENT STORES, INC., Defendants. CIVIL ACTION - LAW NO. 01-859 CIVIL JURY TRIAL DEMANDED STIPULATION IT IS HEREBY STIPULATED as follows: 1. Ames Merchandising Corporation shall be substituted for Defendant Ames Department Stores, Inc., as a party defendant in the above action, and such substitution shall operate to have the same effect as if Ames Merchandising Corporation had been named in the original process as a defendant in this case. 2. In Paragraph 23 of the Complaint, the words, "Paragraphs 16," shall be deleted, and the words, "Paragraph 18," shall be substituted in their place. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By dward E. Knauss, IV, Attorney J.D. No. 19199 P.O. Box 5300 Harrisburg, PA Fll0-0300 (717) 238-8187 Attorneys for Plaintiffs Date: May L, 2001 KEEFER WOOD ALLEN rL, LLP By (0-if -, ~ Charles W. Rubendall, II P. O. Box 11963 Harrisburg, P A 17108-1963 (717)255-8000 Attorneys for Defendants " IDiI'~' ~"' ~ ~~ ~ .. 1 - CERT~CATEOFSERWCE I, the undersigned, hereby certify that I served a true and exact copy of the herein Stipulation, with r-f1.. reference to the foregoing action, by frrst class mail, postage prepaid, this Z) day of May, 2001, upon the following: Charles W. Rubendall, II, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 ,""''''''''"~ ~, - ~ ~- "- ~" JIj - ~" -WiI!lil -,,-...."~iIK~/:'- MATTHEW J. GEYER, A MINOR, BY CYNTIDA GEYER, IDS PARENT AND NATURAL GUARDIAN, and CYNTIDA GEYER, INDIVIDUALLY AND IN HER OWN RIGHT, N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. DYNACRAFT INDUSTRIES, INC. and AMES MERCHANDISING CORPORATION Defendants. CIVIL ACTION - LAW NO. 01-859 CIVIL JURY TRIAL DEMANDED PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT 1. Minor Plaintiff Matthew J. Geyer was born on February 11,1986 and is presently 15 years of age. 2. Petitioner Cynthia Geyer is the parent and natural guardian of Matthew J. Geyer and resides with Matthew J. Geyer at 1436 Mountain Road, Newburg, Cumberland County, Pennsylvania. 3. On July 20, 1999, Matthew Geyer was involved in a bicycle accident and subsequently brought a claim against Defendants for personal injuries suffered in that accident. A copy of the Complaint is attached hereto as Exhibit A. 4. Immediately after the accident, Matthew Geyer was transported to Hershey Medical Center where he Was held overnight for observation. The discharge summary is attached hereto as Exhibit B and indicates that the discharge diagnosis was "bicycle accident with minor laceration of elbow and scalp." 5. The only subsequent medical treatment for Matthew Geyer after July 21,1999 was for removal of some stitches on his left elbow. :<\b"'1 :- - - '~ ~ 'Jllh ~..... ','-UL ""M"_,, 6. Minor Plaintiff has not seen or been treated by any physician or other medical provider since removal of his stitches, has needed no further medical treatment, has shown no residual effects from any of his injuries, and is fully recovered from any injuries in the accident. 7. Defendants have denied liability in this case. In addition, Petitioner has received notice that Defendant Ames has recently filed for Chapter 11 bankruptcy. 8. Defendants jointly have offered to settle the claim of Minor Plaintiff for the total sum of $4,000.00, which amount Petitioner believes is fair and reasonable in light of the questionable liability in the case and the nature of the injuries sustained by the Minor Plaintiff. 9. Counselfor Plaintiffs has entered into a Contingent Fee Agreement with Plaintiffs in the amount of twenty- five percent (25%). Approval of such attorneys' fees is also requested. 10. There are no outstanding expenses which need to be deducted from the settlement amount. II. Petitioner believes that settlement in the total amount of $4,000.00 is in the best interest of the Minor Plaintiff and requests the Court to approve the settlement. WHEREFORE, Petitioner requests the Court to approve a Compromise Settlement on behalf of the Minor Plaintiff in the total amount of Four Thousand Dollars ($4,000.00), with Twenty-Five Percent (25%) of such amount to be paid to counsel for Plaintiffs as attorneys' fees. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~~ Edward E. Knauss, IV, Esquire Attorneys for Plaintiffs ----- -" -1-- ~" , ~" "~-" -- ,- -,' ..;- , "" ~-'':g \ \ MATTHEW GEYER, A MINOR, BY CYNTHIA GEYER, HIS PARENT AND NATURAL GUARDIAN, lInd CYNTHIA GEYER,. INDIVIDUALLY AND IN HER OWN RIGHT, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. () 0 CIVIL ACTION - LAW ~.-., -0 co rr1 , fTllTl co NO. 61- i'S'cr CL~Jjs: N -<.2:: ~ CJ -0 JURY TRIAL DEMANDEJi:::8 ~ )> c r:- ~ o -" DYNACRAFT INDUSTRIES, INC. and AMES DEPARTMENT STORES, INC. Defendants ::1 fi';;''] ...-,--.;-n i:;:~s g~ ~ :::> ::D -< NOTICE YOU HA VEBEEN SUED IN COURT, IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTHIN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS NOTICE AND COMPLAINT IS SERVED, BY ENTERING A WRITTEN APPEARANCEPERSONALL Y OR BY ATTORNEY ADN FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS OT HTE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE DOCUMENT OR FOR ANY OTEHR CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTRS 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 Document #: 195872.2 f -- , ~ " .'"""'-- , ~ id'i MATTHEW GEYER, A MINOR, BY CYNTHIA GEYER, HIS PARENT AND NATURAL GUARDIAN, and CYNTHIA GEYER, INDIVIDUALLY AND IN HER OWN RIGHT, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DYNACRAFT INDUSTRIES, INC. and AMES DEPARTMENT STORES, INC. Defendants NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff is Matthew Geyer, a minor, who was born on February 11, 1986 (hereinafter referred to as "Minor Plaintiff'). This action is brought on his behalf by Cynthia Geyer, an adult, the minor's parent and natural guardian, who resides at 1436 Mountain Road, Newburg, Cumberland County, Pennsylvania. 2. Plaintiff, Cynthia Geyer, is an adult individual who resides at 1436 Mountain Road, Newburg, Cumbetland County, Pennsylvania. 3. Defendant, Dynacraft Industries, Inc. (hereinafter referred to as "Dynacraft") is a business corporation authorized to do business in the Commonwealth of Pennsylvania, with a business address at 2~50 Kerner Boulevard, San Rafael, California. 4. Defendant Dynacraft and is, and was at all times relevant hereto, in the business of designing, manufacturing, selling and supplying bicycles for consumer use. Document N: J 95872.2 ~, = ."" - - llLJg,' 5. Defendant, Ames Department Stores, Inc. (hereinafter referred to as "Ames") is a business corporation authorized to do business in the Commonwealth of Pennsylvania with a corporate address of2418 Main Street, Rocky Hill, Connecticut 06067-2598. 6. Defendant Ames is and was at all times relevant hereto in the business of supplying and selling bicycles for consumer use. 7. On or about May 28, 1999, Minor Plaintiff purchased a Magna bicycle, model no. 8534-83, with serial number 99TD875975 from the store of Defendant Ames located at P.O. Box R Route 1, Rehobeth Beach, Delaware. 8. On or about July 20, 1999, Minor Plaintiff was riding the aforementioned bicycle on Eberly Road, in Cumberland County Pennsylvania, when a piece of foam padding fell from the horizontal bar of the bicycle which connects the seat to the front of the bicycle, into the front wheel causing the wheel to lock up. 9. The bicycle then proceeded to flip in a forward direction causing Minor Plaintiff to be thrown from said bicycle onto the roadway, causing injury. , 10. Immediate'1y following the accident, Plaintiff Cynthia Geyer, was called to the accident scene. 11. Immediately following the accident, Minor Plaintiff was taken to the Hershey Medical Center via LifeLion. 12. As a result of the accident, Minor Plaintiff sustained various injuries, including but not limited to a head injury and injuries to his left elbow and shoulder. Document #: 195872.2 ~~ ...- 0" , , " "'"' i-'-ilI;jnEi:?f,; 13. As a result of the aforesaid accident, Minor Plaintiff has suffered permanent scarring and disfigurement. 14. As a result of the aforesaid accident and injuries Plaintiff Cynthia Geyer, has incurred various medical expenses due to the medical treatment sought as a result of the aforesaid accident. 15. As a result of the aforesaid accident, Minor Plaintiff has undergone emotional and mental distress and anguish, embarrassment and humiliation. COUNT I - NEGLIGENCE PLAINTIFF V. DYNACRAFT INDUSTRIES, INC. 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. The bicycle in question was manufactured, designed, sold and supplied by Dynacraft. 18. The aforesaid accident and injuries to Plaintiff were caused by the negligence, carelessness and/or recklessness of the Defendant Dynacraft and/or its servants, agents, workmen and/or employees. Defendant Dynacraft's negligence includes the following without limitation: (a) Failure to properly and adequately research, design, construct and manufacture the bicycle; (b) Failure to properly and adequately test, analyze and evaluate the performance, limitations and potential uses of the bicycle; Document #: 195872.2 ,,-,. "' ., '. "'--~ - ~ n",:; (c) Failure to properly and adequately promote, advertise, warn and apprise of the capabilities, limitations and potential hazards of the bicycle; (d) Failure to properly instruct consumers of the use, maintenance and hazards of the bicycle; (e) Failure to properly and adequately investigate and determine the limitations, hazards and other problems other users of this type of product had discovered and were experiencing, and failure to properly warn thereof; (f) Failure to design, construct and manufacture the bicycle in accordance with established state-of-the-art standards available at the time the product was manufactured; (g) Designing, manufacturing, selling, and supplying a bicycle with a foam pad on the horizontal bar which was not secure and which was capable of detaching or being accidentally knocked from the bar; and (h) Failure to properly and adequately inspect the bicycle prior to its release to the public. 19. As the direct and proximate result of the aforesaid negligence, carelessness and recklessness of Defendant Dynacraft, Plaintiff suffered those injuries, damages, and expenses set forth above. Document #: 195872.2 "= L . '~ ~', ,,: ~y~ WHEREFORE, Plaintiff demands judgment against Defendant Dynacraft Industries, Inc. in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. COUNT II - STRICT LIABILITY PLAINTIFF V. DYNACRAFT INDUSTRIES, INC. 20. Paragraphs 1 through 19 are incorporated herein by reference. 21. At all times relevant to this action, Defendant Dynacraft was in the business of manufacturing and selling products of the type involved in this case, and manufactured and sold the particular product referred to above with the intention that it would be ultimately used by the Plaintiff or other individuals similarly situated. The Defendant Dynacraft expects its products to reach the ultimate users and consumers without substantial change in the condition in which they are manufactured and sold by Defendant Dynacraft. 22. The product involved in this case did, in fact, reach the ultimate purchaser and user without substantial change in the condition in which it was manufactured and sold by Defendant Dynacraft. 23. The aforesaid bicycle as manufactured and sold by Defendant Dynacraft was manufactured and sold in a defective condition unreasonably dangerous to Plaintiff for the reasons set forth above in paragraph 16, which paragraph is incorporated herein by reference. 24. As the direct and proximate result of the defects described above, Plaintiff sustained all of the injuries, damages and expenses set forth above, for which Defendant Dynacraft is liable and for which claim is hereby made. Document #: 195872.2 1..'- ,-~ ~';-,-i WHEREFORE, Plaintiff demands judgment against Defendant Dynacraft Industries, Inc. in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. COUNT III - BREACH OF WARRANTY PLAINTIFF V. DYNACRAFT INDUSTRIES, INC. 25. Paragraphs 1 through 24 are incorporated herein by reference. 26. Defendant Dynacraft was at all times relevant to this action a merchant with respect to the manufacture and sale of the bicycle. 27. Defendant Dynacraft in designing, manufacturing, selling and distributing, and marketing the bicycle expressly and/or impliedly warranted to the general public, to the users and consumers and to Plaintiff that the bicycle was designed and manufactured in a safe and reasonable manner, and was merchantable and fit for the ordinary purpose for which said bicycle is used. 28. The aforesaid product was sold by Defendant Dynacraft through Defendant Ames at some time prior'to the incident set forth in Plaintiff's Complaint. 29. Defendant Dynacraft, with full knowledge of the product's intended use, warranted, both expressly and impliedly, that said product was fit for the specific use and purpose for which it was intended, and so that it could be so used without causing injury or damage to users of said product. Document #: )95872.2 .d' - ,i'-'-, -" 30. Purchasers of the product including Plaintiff, relied upon the express and implied warranties of Defendant Dynacraft as set forth above in purchasing and using the aforesaid product, which reliance Defendant Dynacraft was fully aware of. 31. The aforesaid product did not function properly as warranted by Defendant Dynacraft, and therefore Defendant Dynacraft breached the above-stated warranties by failing to design, construct and manufacture said bicycle so that it would be free from defects, be of marketable quality, be fit for the specific purpose intended, and be fit for the ordinary foreseeable uses for which said product was and would be put. As a result of said breach, said product caused the incident set forth above. WHEREFORE, Plaintiff demands judgment against Defendant Dynacraft Industries, Inc. in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. COUNT IV - NEGLIGENCE PLAINTIFF V. AMES DEPARTMENT STORES, INC. 32. ParagraphS 1 through 31 are incorporated herein by reference. 33. The aforesaid accident and injuries to Plaintiff were caused by the negligence, carelessness and/or recklessness of the Defendant Ames and/or its servants, agents, workmen and/or employees. Defendant Ames' negligence includes the following without limitation: (a) Failure to properly and adequately promote, advertise, warn and apprise of the capabilities, limitations and potential hazards of the bicycle; Document #: 195872,2 . . ~ ."^ c.,'. ..-~, .&IIl- ~5' (b) Failure to properly instruct consumers of the use, maintenance and hazards of the bicycle; (c) Failure to properly and adequately inspect the bicycle prior to its release to the public; (d) Failure to warn users and consumers of the defective and dangerous condition of the foam padding, which had the capability of falling into the tire; and (e) Failing to properly and adequately assemble the bicycle. 34. As the direct and proximate result of the aforesaid negligence, carelessness and recklessness of Defendant Ames, Plaintiff suffered those injuries, damages, and expenses set forth above. WHEREFORE, Plaintiff demands judgment against Defendant Ames Department Stores, Inc. in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. COUNT V - STRICT LIABILITY PLAINTIFF V. AMES DEPARTMENT STORES, INC. 35. Paragraphs 1 through 34 are incorporated herein by reference. 36. At all times relevant to this action, Defendant Ames was in the business of selling products of the type involved in this litigation, and sold the particular product referred to above with the intention that it would be ultimately used by the Plaintiff or other individuals similarly situated. The Defendant Ames expects its products to reach the ultimate users and Document #: /95872.2 - . I~_~- ~ .- ~.,,; . consumers without substantial change in the condition in which they were sold by Defendant Ames. 37. The product involved in this litigation did, in fact, reach the ultimate purchaser and user without substantial change in the condition in which it was sold by Defendant Ames. The aforesaid bicycle as sold by Defendant Ames was sold in a defective condition unreasonably dangerous to Plaintiff for the reasons set forth above in paragraphs 18 and 33, which paragraphs are incorporated herein by reference. 38. As the direct and proximate result of the defects described in paragraphs 18 and 33, Plaintiff sustained all of the injuries, damages and expenses set forth above, for which Defendant Ames is liable and for which claim is hereby made. WHEREFORE, Plaintiff demands judgment against Defendant Ames Department Stores, Inc. in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. COUNT VI - BREACH OF WARRANTY PLAINTIFF V. AMES DEPARTMENT STORES, INC. 39. Paragraphs 1 through 38 are incorporated herein by reference. 40. Defendant Ames was at all times relevant to this action a merchant with respect to the sale of the bicycle. 41. Defendant Ames in selling and distributing, and marketing the bicycle expressly and/or impliedly warranted to the general public, to the users and consumers and to Plaintiff Document #: 195872.2 '" , - -.^ ~~~'" ^ ~f " '~~~'~":~ that the bicycle was merchantable and fit for the ordinary purpose for which said bicycle is used. 42. The aforesaid product was sold by Defendant Ames at some time prior to the incident set forth in Plaintiff s Complaint. 43. Defendant Ames, with full knowledge of the product's intended use, warranted, both expressly and impliedly, that 'said product was fit for the specific use and purpose for which it was intended, and so that it could be so used without causing injury or damage to users of said product. 44. Purchasers of the product, including Plaintiff, relied upon the express and implied warranties of Defendant Ames as set forth above in purchasing and using the aforesaid product, which reliance Defendant Ames was fully aware of. 45. The aforesaid product did not function properly as warranted by Defendant Ames, and therefore Defendant Ames breached the above-stated warranties by selling the bicycle with defects. The bicycle was not of marketable quality, not fit for the specific purpose intended, and ndt fit for the ordinary foreseeable uses for which the product was and would be put. As a result of the breach, the product caused the injuries to the minor Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Dynacraft Industries, Inc. in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. Document #: 195812.2 , . , ~ _h~_ '" -, <- " ,-- d j~'zi. , ' COUNT VII - PLAINTIFF, CYNTHIA GEYER V. DEFENDANTS 46. Paragraphs 1 through 45 are incorporated herein by reference. 47. Plaintiff, Cynthia Geyer, suffered fright, shock, anxiety and other emotional distress as a result of coming upon the accident scene shortly after the accident and learning her son had suffered a head injury and had been life-flighted to the hospital, and claim is made therefore. 48. Plaintiff Cynthia Geyer has incurred medical bills and expenses for the treatment of her son, for which claim is hereby made. WHEREFORE, Plaintiff demands judgment against both Defendants in an amount in excess of that requiring submission to compulsory arbitration, plus costs and other such relief as this Honorable Court deems just and appropriate. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~ ~.6J Edward E. Knauss, IV, Esquire Attorney 1.0. No. 19199 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: 2'~ .0) Document #: J95872.2 c"""""""' ~ ~~ ~ ~ 1 1-, " ~ ~ U_bl..~'-; , , f ' VERIFICATION I, Cynthia Geyer, Parent and Natural Guardian of Plaintiff Matthew Geyer, do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904. relating to unsworn falsification to authorities. Date: CJ-3- 0 J Cy a Geyer, Parent and Plaintiff Matthew Geyer Document #: J 95872.2 -' ) <~;) ~.. ~- ., , ~ ill " ,;~'- ,~. 1 _:-d_'_ '~-, < '!iii P~nnState Geisinger .... Health System Health Info;m~tion Services M.C. HU24 P,O. Bo< 850 Hershey. PA 17033-0850 DISCHARGE SUMMARY PATIENT NAME: GEYER, MATTHEW J PATIENT NUMBER: 0361268~ DATE ADMITTED: 07/20/1999 LOCATION: 7118 IOD,I&q DATE DISCHARGED: 07/21/1999 SEX: M DATE OF BIRTH: 02/11/1986 ADMISSION DIAGNOSIS: Bicycle accident. DISCHARGE DIAGNOSIS: Bicycle accident with minor laceration of elbow and scalp. OPERATIONS OR PROCEDURES: C-spine x-rays, chest x-ray, pelvic x-ray, CT of abdomen, CT of head, 12-1ead EKG, echocardiogram. BRIEF HISTORY: The patient is a 13-year-old male status post bicycle accident.. The patien.t flipped over handlebars and landed on left side. There was no loss of consciousness. The patient was alert and awake upon arrival with a Glasgow coma scale of 15. The patient had a C-spine, pelvic, chest x-ray and CT of the head and abdomen which were all normal. The patient was admitted and transferred to the 7th floor IMP IMC and monitored overnight. Earlier in the emergency room, the patient received stitches on the left elbow laceration and the scalp wound. The patient's recovery overnight was uneventful. The patient was discharged tolerating a regular diet. Peds cardiology was also consulted to evaluate the patient for a questionable new heart murmur over the period of night. Peds cardiology performed an EKG and an echocardiogram which were both read at normal. DISCHARGE MEDICATION: Tylenol 400 mg p.o.q.4prn. ORDERS AND INSTRUCTIONS: 1. Regular diet. 2. Activities as tolerated. 3. Follow up with pediatric surgery clinic in one week for suture removal. AUB ,g Page '1 . 2 ,'0" ~ L..~ _ '" "'""''",~ -'~'_i1MJ'i'; , , . I I' I PATIENT NAME: GEYER, MATTHEW J PATIENT NUMBER: 0361268 4. Call 717-53l-8521 Hershey Medical Center operator and ask for peds surgery for any problems or concerns. DICTATING MD: Kane L. Chang, M.D. KLC/dmd l D: 07/21/1999 ATTENDING MD: Peter W. Dillon, M.D. c: WP Clerk T: 07/27/1999 09:07 JAY A. TOWNSEND, M.D. 100 SOUTH HIGH STREET 17241 NEWVILLE, PA 17241 8;-~ Page 2 of 2 ;, . , - '~~",' , j . ~ ! I. , VERIFICATION I, Cynthia Geyer, do hereby verify that the facts set forth in the Petition for Approval of Minor Plaintiff's Compromise Settlement are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Date: 11-/)-01 , cYn~~~'{l.~~ -~_. -- " l. ~~ ~ c ~~ ihl!IlI/liII!&ii;;! m;i!l'~r,!flj,,'; . ' . ~ 1 I . I. CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following addressees) indicated below by sending same in the United States Mail, fIrst-class, postage prepaid: Charles W. Rubendall, II Keefer Weed Allen & Rahal, LLP P. O. Box 11963 Harrisburg, PA 17108-1963 ~~ Dated: RIICf 10/ / / :~~~~~~iiil.!~!!i~ii.ll'ii.~!li~i!]~,f~J~;~0;,&';,;;i;:i"\~'iiAj!!!:r~"Ot('SIi"liili ~ , i<~ : "]J!-' tii:liIlll!lllii!lmi8ltJ1: '_'"~.'~"'-"". M-~' . J'" If 0 co 0 C """'-1 ~ ~ := -0 CO C) nif"j"1 .r.::: Z:J:; N 7(" m2~' -<:... ..-~- s:C) '" zQ --"> >c ~ (~5 -l z 2-"'" :~ ::Q C" -<.. ,c,"",~ -,. ~ ' " ~-- 4J ~ . .... . - -I~ "_ '. - f "'1, r l , ; . . " MATTHEW 1. GEYER, A MINOR, BY CYNTHIA GEYER, HIS PARENT AND NATURAL GUARDIAN, and CYNTHIA GEYER, INDIVIDUALLY AND IN HER OWN RIGHT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. DYNACRAFT INDUSTRIES, INC. and AMES MERCHANDISING CORPORATION CIVIL ACTION - LAW NO. 01-859 CIVIL Defendants. JURY TRIAL DEMANDED tt. ORDER AND NOW THIS fl day of .#,::,,.v,...kv , 2001, upon consideration of the Petition for Approval of Minor Plaintiff's Compromise Settlement, IT IS HEREBY ORDERED AND DECREED that the settlement for the total sum of Four Thousand Dollars ($4,000.00) is approved. Counsel fees are found to be fair and reasonable and are also approved, as set forth below. The distribution is directed as follows: I. $1,000.00 to be paid to Metzger, Wickersham, Knauss & Erb, P.C., for counsel fees; 2. The balance of $3,000.00 is to be placed in one or more savings accounts in the name of the Minor Plaintiff, deposits in which are insured by a Federal government agency with the provision that no withdrawal may be made from any such account until the Minor Plaintiff attains majority, except as authorized by a prior Order of this Court. Proof of deposit shall be promptly filed of record. .~~.~ .~ ~ ,~" , I~- - ~. ~;~" -c,_ _ - ^ '. ti'" " , . Cynthia Geyer, as Parent and Natural Guardian of Minor Plaintiff Matthew 1. Geyer, is also authorized to sign a Release and discontinue the action upon payment of the settlement funds by Defendant and the deposit of the Minor Plaintiff's share in a savings account. BY THE COURT '. '3J p~ !.tYt ~ 30.0 \ \\' ;-"::;'"",,," .. "- . ~~ "-~ "~-~ MATTHEW J. GEYER, A MINOR, BY CYNTHIA GEYER, HIS PARENT AND NATURAL GUARDIAN, and CYNTHIA GEYER, INDIVIDUALLY AND IN HER OWN RIGHT, Plaintiffs, v. DYNACRAFT INDUSTRIES, INC. and AMES MERCHANDISING CORPORATION Defendants. "--- .........l~<<;: . N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-859 CIVIL JURY TRIAL DEMANDED PRAECIPE FOR SETTLEMENT AND DISCONTINUANCE Please mark the above case settled and discontinued With prejudice. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY:~ ~-l'V- P Edward E. Knauss, IV, Esquire Attorney LD. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiffs Date: / 2 -1'1- C/ 7 ..------' ~~g~~~"!li~m'ilJi!i&."\l:!Ii:j(".;;lJ.lii,\.~j<l\4;!J;>j-.m'$ilM'1<(';~i1~ill\tJ:l;~~";"""~'"" ~-~=,,~, "~""~~ ii",n!Jt~~iliLW' ~ -055 mrr; Z:Ii ZC.. ....r), .~. :'< 2.~ eel ~t--', Z6 :J:>C ~ c.:> -- Cl fT1 n "" -v ~ ~~-"'-'-' Alllli: I I i o -'Tl ~ :.J1 y:,. \~. ~A ~ ::::.:: ~ , " ".~- . , ! MATTHEW J. GEYER, A MINOR, BY CYNTIDA GEYER, HIS PARENT AND NATURAL GUARDIAN, and CYNTHIA GEYER, INDIVIDUALLY AND IN HER OWN RIGHT, Plaintiffs, v. DYNACRAFT INDUSTRIES, INC. and AMES MERCHANDISING CORPORATION Defendants. 'J . , '"' ,,, '"~ 1!U,.', N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-859 CIVIL JURY TRIAL DEMANDED PROOF OF DEPOSIT 1. Attached hereto are true and correct copies of documents received from Patriot Federal Credit Union evidencing deposit at Patriot Federal Credit Union in a restricted account the amount of$3,000.00. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Date: ( ~ 'tJ V L~~ Attorneys for Plaintiffs 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs ~"--'l<I' . "'- ,- , ~ ,,' - ,~ '" '-" ^ -" 1nIm0'_ ~ --'------.------ ........--,-- ..4l.'Ill>...-_" EO. Box 778 Chambersburg, PA 17201-0778 717-2634444 717-762-8555 OFFICE LOCATIONS: 800 Wayne Avenue 247 OVercash Avenue Chambersburg, PA Chambersburg, PA 140 S, Federal Street 10933 Buchanan Trail E, Chambersburg, PA Waynesboro, PA Account 5000030&10 GEYER, MATTHEW J Effect, 01/07/02 Post: 01/07/02 Tlr: 0209 ID DUE DATE PRINCIPAL INTEREST FEES BALANCE TRAN AMOUNT SEQ ------------------------------------------------------------------------------ Deposit to PRIME SHARE ACCOUNT Prey Bal: 00 3,000.00 0.00 0.00 0.00 3,000.00 3,000.00 4*1,9271 - _~~'"_ ~,..-_ - - ~__, __ - - - - ~_ _ ~_~_ - __ _ _ _ ~.~ __, _~ ~_ _ _n_ _~,_~. _ "~, _ _, _~ _ ~_ ___M __ _,_~ _ _ _ _ _ _, ~__ _ _ _ _ _ _ __ _ _ _ _ __ __ _M __, _,__ (See Sequence #49272,#49273,#49274 for reference) Checl< Received 8,862.52 In an effort to serve you better and ~~ot.ct your valued assets, we require Photo ID and your membership card to Conduct credit union business. THANK YOU! MATTHEW J GEYER 143& MOUNTAIN RD NEWBURG PA 172/,0 www.patriolfcu.org CREDIT UNION COpy ,1i~ ~T ,,~~&> " . , Account 5000030610 Account Summary Account 5000030610 General Membership j Name Prime (0) (Locator: 1): MATTHEW J GEYER Comment (0) (Locator: 3): CUSTODIAL ACCOUNT Comment (1) (Locator: 4): NO WITHDRAWALS BY BASIC MEMBER Share JD 00: PRIME SHARE ACCOUNT 0.00 Name Cust (0) (Locator: 2): CYNTHIA A GEYER Page 1 "1_ '__0 ~':ti' 01/0712002 -'ll~__~i,"'I~g~~~~~~_V&.~d':fi!"&,~!lI.~!i;i:j,~-lw'"t~lt>~i~-'~ =r.^",_ ~, -, 1 -......'~ < ~.~~" ._~~ - ,- f l 0 0 0 C p.." -n Z , _h -U rL' ";'.:;11I Q1rr "::i'''' - Z::c, ;" ~-l Zr- <) 0) J;~' c> '-'. ! -<~ '~:~--i ~? ~Cj -zJI , :J; C) :-Z d ':~ "=0 w .-, "r-; >e: z c..) ~ -<; _v -< ~