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HomeMy WebLinkAbout12-5204 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMARA WASSON, JAMES WASSON, CIVIL DIVISION Individuallly, and as parents and natural guardians of COEN WASSON, a minor, NO.: I o? rn Plaintiffs, o, VS. .?C7 . ?? C) 'Tl O fit,? GRACO ,'CHILDREN'S PRODUCTS, Inc., 5, c= -?: O f-r' A subsidiary of NEWELL RUBBERMAID, INC. PRAECIPE FOR A WRIT Ci SUMMONS ts ASV Oat1a? efelv d, 3 yl - ?S ?a ? I g E--A ?Dri 1p t t Filed on behalf of the Plaintiffs: TAMARA WASSON, JAMES WASSON, COEN WASSON, a minor COUNSEL OF RECORD FOR THIS PARTY: HENRY H. WALLACE, ESQUIRE PA ID # 1077 WALLACE LAW OFFICES 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 (412) 391-6666 MARK F. McKENNA, ESQUIRE PA ID# 30297 McKENNA & ASSOCIATES, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 (412) 471-6226 A JURY' TRIAL DEMANDED ??µ aylb I?#ar79(? l1 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMARA WASSON, JAMES WASSON, CIVIL DIVISION Individually, and as parents and natural guardians! of COEN WASSON, a minor, NO.. I a. Jr?? Plaintiffs, VS. GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC. Defendants. WRIT OF SUMMONS TO: THE PROTHONOTARY: Kindly issue a Writ of Summons on behalf of the Plaintiffs and against the Defendants in the above captioned matter. Respectfully submitted, WALLACE LAW OFFICES allace K C unsel for Plaintiffs McKENNA & ASSOCIATES, P.C. Y: Mark F. McKenna Counsel for Plaintiffs Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas TAMARA WASSON, JAMES WASSON, Individually, and as parents and natural guardians of COEN WASSON, a minor Plaintiff Vs. No. 12-5204 G CO CHILDREN'S PRODUCTS, INC., A subsidiary of NEWELL RUBBERMAID, INC. 150 OAKLAND BLVD. EXT N, PA 19341-2572 In CivilAction-Law To: ORACO CHILDREN'S PRODUCTS, INC., A subsidiary of NEWELL RUBBERMAID, INC. You are hereby notified that the Plaintiff, TAMARA WASSON, JAMES WASSON, Individually, and as parents and natural guardians of COEN WASSON, a minor, has commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) David D. Buell, Prothonotary Date 5/20/12 -By Deputy Attorney: HENRY H. WALLACE, ESQUIRE Address: WALLACE LAW OFFICES 436 BOULEVARD OF THE ALLIES SUITE 500 PITTSBURGH, PA 15219 Attorney for: Plaintiff Telephone: 412-391-6666 Supreme Court ID No. 1077 GIBBONS P.C. Madeline M. Sherry, Esquire and c , n Stephen J. Finley, Esquire c ID Nos. 31549 and 200890 1700 Two Logan Square Attorneys for Defendant =::0 r 18th and Arch Streets Graco Children's Products, Inc. can Philadelphia, PA 19103 - 215-446-6201 v c-, i :.n;W- 215-446-6311 (fax) =C CD 215-446-6265 Cr :E'" 215-446-6235 (fax) msherry@gibbonslaw.com TAMARA WASSON,JAMES WASSON, COURT OF COMMON PLEAS Individually, and as parents and natural guardians OF CUMBERLAND COUNTY of COEN WASSON, a minor In Civil Action-Law Plaintiff No. 12-5204 VS. GRACO CHILDREN'S PRODUCTS,INC., A subsidiary of NEWELL RUBBERMAID, INC. 150 OAKLAND BLVD. EXTON, PA 19341-2572 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Madeline M. Sherry,Esquire and Stephen J. Finley, Esquire on behalf of Defendant Graco Children's Products, Inc. in the above-captioned matter. GIBBONS P.C. BY: a", - M eline M. Sherry Step en J. Finley Attorneys for Defendant Graco Children's Products, Inc. DATED: July 8, 2013 #1959523 v 104456-84332 CERTIFICATE OF SERVICE I, Madeline M. Sherry, attorney for Defendant Graco Children's Products, Inc. hereby certifies that on this 81h day of July 2013, she caused a true and correct copy of the attached Entry of Appearance to be filed with the Courfand served upon via Federal Express the following: Henry H. Wallace, Esquire Wallace Law Offices 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 Mark F. McKenna, Esquire McKenna& Associates, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 Madeline M. Sherry 41959523 v1 104456-84332 GIBBONS P.C. Madeline M. Sherry,Esquire and Stephen J. Finley, Esquire ID Nos. 31549 and 200890 c-} 1700 Two Logan Square Attorneys for Defendant 18th and Arch Streets Graco Children's Products, Inc. rncO r' r-- -0 Philadelphia, PA 19103 , - 1 7 CD 215-446-6201 215-446-6311 (fax) <® (D 215-446-6265 :r-C:) E�= 215-446-6235 (fax) v cx, E'_ msherry @gibbonslaw.com TAMARA WASSON,JAMES WASSON, E COURT OF COMMON PLEAS Individually, and as parents and natural guardians OF CUMBERLAND COUNTY of COEN WASSON, a minor In Civil Action-Law Plaintiff E No. 12-5204 vs. GRACO CHILDREN'S PRODUCTS,INC.,A subsidiary of NEWELL RUBBERMAID,INC. 150 OAKLAND BLVD. EXTON, PA 19341-2572 PRAECIPE FOR ENTRY OF RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiffs, Tamara Wasson and James Wasson, to file a Complaint within twenty (20) days hereof or suffer the entry of a judgment of non pros. GIBBONS P.C. BY: Ma eline M. Sherry Stephen J. Finley Attorneys for Defendant Graco Children's Products, Inc. DATED: July 8, 2013 'PI (�,,;r►h�`�s � �le a Amp la.�,�- W��� 5 104404456-84-84 333 2 CERTIFICATE OF SERVICE I, Madeline M. Sherry, attorney for Defendant Graco Children's Products, Inc. hereby certifies that on this 81h day of July 2013, she caused a true and correct copy of the attached Praecipe for Entry of Rule to File Complaint to be filed with the Court and served via Federal Express upon the following: Henry H. Wallace, Esquire Wallace Law Offices 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 Mark F. McKenna, Esquire McKenna& Associates, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 Madeline M. Sherry #1958517 v1 104456-84332 GIBBONS P.C. ,:: "I OTHON Madeline M. Sherry, Esquire and Stephen J. Finley, Esquire 0 1 3 JL -9 A °� ID Nos. 31549 and 200890 1700 Two Logan Square Attorneys for 1% A N D C O U N T Y 18th and Arch Streets Graco Children's I s N 1 A Philadelphia, PA 19103 215-446-6201 215-446-6311 (fax) 215-446-6265 215-446-6235 (fax) msherry@gibbonslaw.com TAMARA WASSON, JAMES WASSON, COURT OF COMMON PLEAS Individually, and as parents and natural guardians OF CUMBERLAND COUNTY of COEN WASSON, a minor In Civil Action-Law Plaintiff No. 12-5204 VS. GRACO CHILDREN'S PRODUCTS,INC., A subsidiary of NEWELL RUBBERMAID, INC. 150 OAKLAND BLVD. EXTON, PA 19341-2572 JURY DEMAND TO THE PROTHONOTARY: A twelve (12) member jury is hereby demanded in the above-captioned matter by Defendant Graco Children's Products, Inc. GIBBONS P.C. BY: Mad M. Sherry Stephen J. Finley Attorneys for Defendant Graco Children's Products, Inc. DATED: July 8, 2013 #1959532 v 104456-84332 CERTIFICATE OF SERVICE I, Madeline M. Sherry, attorney for Defendant Graco Children's Products, Inc. hereby certifies that on this 8th day of July 2013, she caused a true and correct copy of the attached Jury Demand to be filed with the Court and served via Federal Express upon the following: Henry H. Wallace, Esquire Wallace Law Offices 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 Mark F. McKenna, Esquire McKenna&Associates, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 adeline M. Sherry #1959532 v 104456-84332 GIBBONS P.C. Madeline M. Sherry, Esquire and Stephen J. Finley, Esquire ID Nos. 31549 and 200890 1700 Two Logan Square Attorneys for Defendant 18th and Arch Streets Graco Children's Products, Inc. Philadelphia, PA 19103 215-446-6201 215-446-6311 (fax) 215-446-6265 215-446-6235 (fax) msherry@gibbonslaw.com TAMARA WASSON, JAMES WASSON, E COURT OF COMMON PLEAS Individually, and as parents and natural guardians OF CUMBERLAND COUNTY of COEN WASSON, a minor In Civil Action-Law Plaintiff No. 12-5204 vs. Mm C_ = GRACO CHILDREN'S PRODUCTS, INC.,A 1- ;- subsidiary of NEWELL RUBBERMAID, INC. r` t c:) 150 OAKLAND BLVD. EXTON, PA 19341-2572 2_1 c� CERTIFICATE OF SERVICE ' 1, Stephen J. Finley, attorney for Defendant Graco Children's Products, Inc. hereby certifies that on this 11th day of July 2013, he caused a true and correct copy of the attached Certificate of Service of the Praecipe for Entry of Rule to File Complaint to be filed with the Court and served upon via Federal Express the following: Henry H. Wallace, Esquire Wallace Law Offices 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 Mark F. McKenna, Esquire McKenna& Associates, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 #1960952 v1 104456-84332 GIBBONS P.C. Madelirle M. Sherry Stephen J. Finley Attorneys for Defendant Graco Children's Products, Inc. DATED: July 11, 2013 #1960952 v1 104456-84332 GIBBONS P.C. Madeline M. Sherry,Esquire and Stephen J. Finley, Esquire ID Nos. 31549 and 200890 ci 1700 Two Logan Square Attorneys for Defendant � 18''and Arch Streets Graco Children's Products, Inc. m� C rn Philadelphia, PA 19103 215-446-6201 o 215-446-6311 (fax) {o xj° :=-I Ac ~� 215-446-6265 =o o�.=. 215-446-6235 (fax) v y> msherry @gibbonslaw.com o TAMARA WASSON,JAMES WASSON, COURT OF COMMON PLEAS Individually, and as parents and natural guardians OF CUMBERLAND COUNTY of COEN WASSON, a minor c In Civil Action-Law Plaintiff No. 12-5204 VS. GRACO.CHILDREN'S PRODUCTS,INC.,A subsidiary of NEWELL RUBBERMAID,INC. 150 OAKLAND BLVD. EXTON,PA 19341-2572 PRAECIPE FOR ENTRY OF RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiffs, Tamara Wasson and James Wasson,to file a Complaint within twenty(20) days hereof or suffer the entry of a judgment of non pros. GIBBONS P.C. BY: Ma eline M. Sherry Stephen J. Finley Attorneys for Defendant Graco Children's Products, Inc. DATED: July 8, 2013 ' kf4f,s � Pe a eomplaL�� wA t i as A�Ve #1958517 v l . 104456-84332 t)-.D. Pual CERTIFICATE OF SERVICE I,Madeline M. Sherry, attorney for Defendant Graco Children's Products, Inc. hereby certifies that on this 8th day of July 2013, she caused a true and correct copy of the attached Praecipe for Entry of Rule to File Complaint to be filed with the Court and served via Federal Express upon the following: Henry H. Wallace, Esquire Wallace Law Offices 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 Mark F. McKenna, Esquire McKenna&Associates, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 adeline M. Sherry #1958517 v 104456-84332 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT��,51 PENNSYLVANIA TAMARA WASSON, JAMES IVIL DIVISION S WASSON, Individually, and as parents and natural 7; guardians of COEN WASSON, a minor, Plaintiffs, NOt: 12,5204 W, GRACO CHILDREN'S PRODUCTS, Inc,, A subsidiary of NEWELL RUBBERMAID, INC. TION COMPLAINT IN CIVIL AC Defendants, Filed. on bo-balf of th o Plaintiffs- , - I TAMARA WASSON, JAMES WASSON, COEN WASSON, a Minor- COUNSEL 0,11 RECORD FOR THIS PARTY: MARK F. Me-KENNA, ESQUIRE PA ID# 30297 McKENNA & ASSOCIATES, P-C, 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 (412) 471,6226 HENRY H. WALLACE, ESQUIRE PA ID # 1077 436 Boulevard of the Allies, Suite X00 Pittsburgh, PA 15219 (412) 391-6666 TQ Q gffie You are hereby notified to plead to the enclosed Complaint in Civil Action within twenty (20) days from service hereof or a default judgment may be entered against you. BY:- HgnKy H., Wqllaqgj Attorney for,--- -L"Jigintiffs A JURY TRIAL IS DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMARA WASSON, JAMES WASSON, CIVIL DIVISION Individually, and as parents and natural guardians of COEN WASSON, a minor, NO.: 12-5204 Plaintiffs, VS. GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC. Defendants, NOTICE TO DEFEND 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 COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUE CED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMARA WASSON, JAMES WASSON, CIVIL DIVISION Individually, and as parents and natural guardians of COEN WASSON, a minor, NO.: 12-5204 Plaintiffs, VS. GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC. Defendants, COMPLAINT IN CIVIL ACTION NOW COME, the Plaintiffs, TAMARA WASSON, JAMES WASSON, individually and as parents and natural guardians of COEN WASSON, a minor, by and through their attorneys, MARK F. McKENNA, ESQUIRE and HENRY H. WALLACE, ESQUIRE and aver the following: 1. Plaintiffs, TAMARA WASSON (hereinafter sometimes "TAMARA WASSON") and JAMES WASSON, husband and wife, (hereinafter collectively "Plaintiffs") are adult individuals residing at 186 Meadowbrook Lane, Mifflintown, PA 17059, 2. Plaintiffs are the parents and natural guardians of COEN WASSON, a minor, (DOB: 10/03/06) who resides with them at 186 Meadowbrook Lane, Mifflintown, PA 17059, (hereinafter "COEN"). 3. Defendant, NEWELL RUBBERMAID, INC. is a corporation with its headquarters located at 3 Glenlake Parkway, Atlanta, Georgia 30328. 4. Defendant, GRACO CHILDREN'S PRODUCTS, INC., is a division of NEW RUBBERMAID, INC., and is located at 3 Glenlake Parkway, Atlanta, Georgia 30328. CUMBERLAND COUNTY DOCKET NO.: 12.5204 5, Defendant GRACO CHILDREN'S PRODUCTS, INC., is registered with the Pennsylvania Department of State, Corporation Bureau as of August 21, 2001 with an active entity number of 3021824 and doing business in the Commonwealth of Pennsylvania. 6. At all times relevant hereto, NEWELL RUBBERMAID, INC., was engaged in the business of designing, manufacturing, assembling, advertising, marketing, and selling children's products, including strollers into interstate commence and specifically, into the Commonwealth of Pennsylvania and Cumberland County. 7. At all times relevant hereto, GRACO CHILDREN'S PRODUCTS, INC., was engaged in the business of designing, manufacturing, assembling, advertising, marketing, and selling children's products, including strollers into interstate commerce and specifically, into the Commonwealth of Pennsylvania and Cumberland County, $- COEN's grandmother purchased, as a gift for TAMARA WASSON, a Graco stroller, Model No. SF3700PCB, which was designed, manufactured, sold, and distributed by NEWELL RUBBERMAID, INC., and sold by GRACO CHILDREN'S PRODUCTS, INC., at such retailers as Burlington Coat Factory, Babies R Us, Toys R Us, smart, Target, Walm W- and other retailers worldwide., 9. On September 25, 2010, COEN, who was four years old, was sitting in an upright position in the stroller at the New Cumberland Apple Festival with his grandmother and TAMARA WASSON, when suddenly, violently and without warning, the stroller collapsed with COEN inside. 10. The sudden collapsing action of the stroller caught COEN's index/pointer finger on his dominant right hand in the hinge, severing the distal most aspect of the distal phalanx. IL Due to COEN's young age, using his pointer finger was a key component in his 2 CUMBERLANT)COUNTY DOCKET NO.: 12.5204 ability to communicate with others around him. 12. COEN was transported to Hershey Medical Center where he endured multiple procedures, including surgery that attempted to reattach his severed finger and confinement in a hyperbaric oxygen chamber, !COUNT I TAMARA WASSON.,JAMES WASSON, Individually, and as parents and natural guardians of COEN WASSON, a minor, VS. GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC. Strict Ligbilily 13. Plaintiffs hereby incorporate by reference thereto all of the allegations contained in paragraphs I through 12, inclusive, to the same force and effect as if the same were set forth herein at length. 14. At all times relevant hereto, the aforesaid stroller was being used in a manner reasonably foreseeable by Defendants. 15. The inadvertent activation of the stroller's folding mechanisms that caused the stroller to collapse, as well as the surrounding circumstances, were reasonably foreseeable by Defendants. 16. The Graco stroller, Model No.SF3700PCB as designed, manufactured, assembled, advertised, distributed by Newell Rubbermaid, Inc., and sold by Graco Children's Products, Inc. was defective in design and manufacture because it lacked a proper safety device to avert the entrapment and/or amputation hazard presented by the product. 17. The aforesaid stroller was expected to and did reach the ultimate consumer without substantial change in the aforesaid defective condition in which it was sold, 18. At the time the subject stroller was designed, manufactured, assembled, 3 CUMBERLAND COUNTY DOCKET NO,; 12,51204 advertised, distributed and sold, safety devices were available that would have prevented t a h e collapse of the stroller. 19. At all times relevant hereto, Defcndants knew or should have known, that the stroller without safety devices, was defectively dangerous and could cause serious injuries to children. 20. Defendants are liable to the Plaintiffs in this cause of action based upon the theory of strict liability as set forth in §402(a) of the Restatement (Second) of Torts, in the following particulars,, a. In designing, manufa wuring, assembling, distributing, advertising and selling a product that is defective because it permits inadvertent activation of the rr;echanis control/lever switch; b. In designing, manufacturing, assembling, distributing, advertising and selling a stroller that presents a child finger entrapment and/or hazard; amputation 0; 4 ar P. In failing to conduct proper and necessary t,csting on the subject stroller and others similarly designed; P I .cd; d. In foiling to incorporate necessary safety devices into the design of the stroller to prevent it from inadvertently activating the control/lever switch- III failing to incorporate necessary safety devices into the design 0 of the stroller to prevent collap f, In failing to incorporate necessary safety devices into the desigx of the stroller to protect against the pinch point; -ailing to warn plaintiffs 9. In f Plaintiffs and the ultimate users of the stroller of the entrapment and./or amputation hazard of the stroller; 4 CUMBERLAND COUNTY DOCK ET NO,! 12-5204 h. In promoting and m 4nufacturing a product when Defendants know, or should have known, that the stroller would inadvertently collapse-, i. in failing to retrofit, or redesign or otherwise remedy the defects in the stroller as more specifically set forth herein; and J, In failing to have a product safety program calculated to identify and remedy produpt hazard 21. In addition, Defendants are strictly liable to Plaintiffs upon a cause of action as sot forth in the Restatement (Second) of Torts §402(b) in that it made to the ultimate user, through advertising and other means, misrepresentation-s of material facts i Qoncernir Ing the safety, character, and quality of the aforesaid stroller, at a time that Defendants were engaged in the business of designing, manufacturing, assembling, distributing and selling said strollers, "WHEREFORE, Plaintiffs demand compensatory damages from Defendant GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC, in an amount in excess of the Arbitration limits together with interest and costs of suit, A JURY TRIAL IS DEMANDED, !QOUNI 11 TAMARA WASSON, JAMES WASSON, Individually, and as parents and natural guardians of COEN WASSON, a minor, Vs. GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC. NggligegEe 22. Plaintiffs herein incorporate by reference thereto all of the allegations contained in paragraphs I through 21, inclusive, to the same force and effect as if the same were set forth herein at length. 23. Defendant GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL CUMBERLAND COUNTY DOCKET NO.: 12-5204 RUBBERMAID, INC,, failed to operate a reasonable product safety program designed to identify and analyze product hazards and implement safe designs that would reduce or eliminate the risk of injury. 24, Defendant GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC., acted in a careless, reckless, dangerous and negligent manner as hereinabovQ set forth, thereby proximately causing injury to COEN and mental anguish to Plaintiffs. WHEREFORE, Plaintiffs claim compensatory damages from Defendants 0-RACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC., in an amount in excess of the Arbitration limits together with interest and costs of Suit. A JURY TRIAL IS DEMANDED, !COLJNT III TAMARA WASSON,JAMES WASSON,Individually, and as parents and natural guardians of COEN WASSON, a minor, VS. GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID,INC. Breach of Warranty 25, Plaintiffs incorporate by reference thereto all of the allegations contained in paragraphs I through 24, inclusive, to the same force and effect as if the same were set forth herein at length. 26. Defendants represented and warranted to the ultimate users and consumers that the Graco stroller, Model NTo,SF370OPCB was fit for the particular purpose for which it was intended. 27. In addition, Defendants also warranted that the Graeo stroller was of merchantable quality and safe for use. 6 CUMBERLAND COUNTY DOCKET NO.: 12-5204 28, Defendants breached their implied warranties of fitness for a particular purpose, merchantability, as well as express warranties that the product was safe for use by the public. 29. The personal injuries sustained by COEN culminating in losing a portion of his index finger, are the direct and proximate result of Defendants' breach of said warranties, WHEREFORE, Plaintiffs demand compensatory damages from Defendants GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC,, in an amount in excess of the Arbitration limits, together with interest and costs of suit. A JURY TRIAL IS DEMANDED. COUNT IV TAMARA WASSON Individually, and as parent and natural guardian of COEN WASSON, a minor, VS. GRACO CHILDREN'S PRODUCTS,Inc., A subsidiary of NEWELL RUBBERMAID, INC. Negligent Infliction of Emotional Distress 30. Plaintiffs incorporate by reference thereto all of the allegations contained in paragraphs I through 29, inclusive, to the same force and effect as if the same were set forth herein at length. 31. Plaintiff TAMARA WASSON is the mother of COEN WASSON. 32. At all times relevant hereto, Plaintiff TAMARA WASSON witnessed the amputation injury to her son, COEN WASSON's finger as a result of Defendants defective product, negligence & breach of warranty. 33. As a direct result of Defendants' defective product, negligence & breach of warranty and the consequences proximately caused by it, as alleged herein, Plaintiff TAMARA WASSON suffered severe emotional distress and mental suffering, 7 CUMURLANI)COUNTY DOGE `t'Na„ 12.5204 WHEREFORE, Plaintiff TAMARA WASSON demands judgment against Defendants for compensatory damages in an amount in excess of the Arbitration limits together with riterest and costs of suit. A JURY TRIAL IS DEMANDED. CO LJNI V JAMES WASSON Individually, and as parent and natural guardian of COEN WASSON, a minor, VS. GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC. Loss of Consortium -Husband 34. Plaintiffs incorporate by reference thereto all of the allegations contained in paragraphs I through 33, inclusive, to the same force and effect as if the same were set forth herein at length, 35. At all times relevant hereto, JAMES WASSON was the husband of Plaintiff TAMARA WASSON, . 36, As a direct result of the Defendants' defective product, negligence, carelessness and recklessness of the Defendants, Plaintiff JAMES WASSON has been and will in the future be deprived of the assistance, services, society, comfort, love, affection, and consortium of his wife, all of which have in the past and will in the future cause him great financial damage and loss. WHEREFORE, Plaintiff JAMES WASSON demands judgment against Defendants for compensatory damages in an amount in excess of the Arbitration limits together with interest and costs of suit, A JURY TRIAL IS DEMANDED. 8 CUMBERLAND COUNTY 00QXET'N0,-1 19, 4204 TAMARA WASSON,JAMES WASSON, Individually, and as parents and natural guardians of COEN WASSON, a minor, vse GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC, 39. Plaintiffu incorporate by reference thereto all of the allegations contained in paragraphs I through 36, inclusive, to the same force and effect as if the same, were set forth herein at length 39. As a direct, and proximate result of the aforementioned acts of Defendants resulting in the injuries to COEN, Plaintiffs, TAMARA WASSON and JAMES WASSON, parents and natural guardians of COEN WASSON, have incurred and will continue to Incur expenditures of large sums of money for past, present and future medical treatment and care. 39. As q direct and proximate result of the aforementioned acts of Defendants resulting in the injuries to COEN, Plaintiffs, TAMARA WASSON and JAMES WASSON, parents and natural guardians of COEN WASSON, have incurred or may incur other financial expenses which may exceed any amounts that they may otherwise be entitled to recover, WHEREFORE, Plaintiffs demand judgment against Defendants for compensatory damages in an amount in excess of the Arbitration limits together with interest a n d costs of suit, A JURY TRIAL IS DEMANDED, By- H K "qn1,WA-r 0 n e 'qr'P1' n or Plainttffs 9 VERIFICATION I am the Plaintiff in this matter and am represented by counsel. I have furnished to my counsel factual information upon which the foregoing is based. To the extent that it is based on the factual information provided to counsel, I verify that those facts are true and correct to the best of my knowledge, information and belief. However, the language is that of counsel and., to the extent that it goes beyond the factual information that I have provided to counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18. Pa. C.S.A. Section 4904,relating to unsworn falsification to authorities. qnMdA ON A,4 Tamara Wasson VERIFICATION I am the Plaintiff in this matter and am represented by counsel. I have furnished to my counsel factual information upon which the foregoing is based. To the extent that it is based on the factual information provided to counsel, I verify that those facts are true and correct to the best of my knowledge, information and belief However,the language is that of counsel and, to the extent that it goes beyond the factual information that I have provided to counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18. Pa. C.S.A. Section 4904,relating to unsworn falsification to authorities. L Date: Zc 'Z-vf James Wasson CUMURLAND QOLJN T T 13OCKET NO. 124,204 CF ,B11 OF SERVICE The undersigned hereby certifies that a true and correct copy of a COMPLAINT IN CIVIL ACTION was served on the 7th day of August .2013 via postage, pre-paid UX First-class M a'I UPOn l the following individwil(s): MADELINE M. SHERRY, ESQUIRE STEPHEN VFINLFY, ESQUIRE GIBBONS, P.Ce TWO LOGAN SQUARE I ST11 AN _ D ARCH STREETS PHILADELPHIA, PA 19103--2769 Ru.sipoctfully submitted, 13 . n ,ffl Y jr aa ace Co-counsel for Plaintfff�F 10 f 1 f qLEC°CFFIC Cc THE PROTHflNOTAi" 11 NOTICE TO PLEAD nn AUG 3fl tfl� flL CUMBERLAND COUNT TO: Plaintiffs PENNSYLVANCA You are hereby notified to file a Written response to the enclosed Answer and New Matter within twenty(20) days from the date of service hereof or a judgment may be entered against you. hia",i-,� .. a--y At rney for Defendan GIBBONS P.C. Madeline M. Sherry, Esquire Stephen J. Finley, Esquire ID. Nos. 31549 and 200890 1700 Two Logan.Square Attorneys for Defendant 18th and Arch Streets Graco Children's Products Inc. Philadelphia, PA 19103 215-446-6201 215-446-6311 (fax) 215-446-6265 215-446-6235 (fax) msherry @gibbonslaw.com sfinley@gibbonslaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA TAMARA WASSON, JAMES WASSON, ) Individually, and as parents and natural ) guardians of COEN WASSON, a minor ) Plaintiffs, ) V. ) Case No. 12-5204 GRACO CHILDREN'S PRODUCTS INC., ) A subsidiary of NEWELL RUBBERMAID, ) INC, ) Defendants. #1982288 v 104456-84332 DEFENDANT GRACO CHILDREN'S PRODUCTS INC.'S ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER Defendant Graco Children's Products Inc. 1 ("Graco")by and its counsel, submits the following Answer an d New Matters to Plaintiffs' Complaint, denies all allegations of liability asserted against it and states as follows: 1. Denied. After reasonable investigation, defendant Graco is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 1. The averments are denied and proof thereof is demanded. 2. Denied. After reasonable investigation, defendant Graco is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 1. The averments are denied and proof thereof is demanded. 3. Admitted. 4. Admitted in part, denied in part. Graco admits that Newell Rubbermaid Inc. is the parent company of Rubbermaid, Incorporated, which is in turn the parent company of Graco, and that Graco's headquarters is located at 3 Glenlake Parkway, Atlanta Georgia. 5. Admitted. 6. Denied. 7. Admitted. 8. Denied. After reasonable investigation, defendant Graco is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 8. The averments are denied and proof thereof is demanded. 1 Graco Children's Products Inc. is a wholly-owned subsidiary of Rubbermaid Incorporated which is a wholly-owned subsidiary of Newell Rubbermaid. Newell Rubbermaid is not now, and never has been in the business of designing, manufacturing or selling strollers. Graco Children's Products Inc. is the correct party to this action, which is properly reflected in the answer. 2 #1982288 v 104456-84332 9. Denied. After reasonable investigation, defendant Graco is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 9. The averments are denied and proof thereof is demanded. 10. Denied. After reasonable investigation, defendant Graco is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 10. The averments are denied and proof thereof is demanded. 11. Denied. After reasonable investigation, defendant Graco is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 11. The averments are denied and proof thereof is demanded. 12. Denied. After reasonable investigation, defendant Graco is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 12. The averments are denied and proof thereof is demanded. WHEREFORE, Defendant Graco Children's Products Inc. demands judgment in its favor and against Plaintiffs, together with the costs and expenses of this action, along with such further and additional relief as this Honorable Court shall deem just and appropriate. COUNT 13. Graco incorporates by reference its answer to paragraphs 1 through 12 as though fully set forth herein. 14. Denied. 15. Denied. 16. Admitted in part, denied in part. Graco admits that it designed and distributed the subject stroller. Graco denies all other allegations set forth in paragraph 16. 3 #1982288 v 104456-84332 17. Denied. After reasonable investigation, defendant Graco is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 17. The averments are denied and proof thereof is demanded. 18. Denied. 19. Denied. 20. Denied, including all subparts. 21. Denied. WHEREFORE,Defendant Graco Children's Products Inc. demands judgment in its favor and against Plaintiffs,together with the costs and expenses of this action, along with such further and additional relief as this Honorable Court shall deem just and appropriate. COUNT II 22. Graco incorporates by reference its answer to paragraphs 1 through 21 as though fully set forth herein. 23. Denied. 24. Denied. WHEREFORE, Defendant Graco Children's Products Inc. demands judgment in its favor and against Plaintiffs,together with the costs and expenses of this action, along with such further and additional relief as this Honorable Court shall deem just and appropriate. COUNT III 25. Graco incorporates by reference its answer to paragraphs 1 through 24 as though fully set forth herein. 26. Denied. The allegations of this paragraph constitute a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, Graco denies those allegations 4 #1982288 v1 104456-84332 27. Denied. The allegations of this paragraph constitute a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, Graco denies those allegations. 28. Denied. 29. Denied. WHEREFORE, Defendant Graco Children's Products Inc. demands judgment in its favor and against Plaintiffs, together with the costs and expenses of this action, along with such further and additional relief as this Honorable Court shall deem just and appropriate. COUNT IV 30. . Graco incorporates by reference its answer to paragraphs 1 through 29 as though fully set forth herein. 31. Denied. After reasonable investigation, defendant Graco is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 30. The averments are denied and proof thereof is demanded. 32. Denied. 33. Denied. WHEREFORE, Defendant Graco Children's Products Inc. demands judgment in its favor and against Plaintiffs,together with the costs and expenses of this action, along with such further and additional relief as this Honorable Court shall deem just and appropriate. COUNT V 34. Graco incorporates by reference its answer to paragraphs 1 through 33 as though fully set forth herein. 5 #1982288 v1 104456-84332 ti 35. Denied. After reasonable investigation,defendant Graco is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 35. The averments are denied and proof thereof is demanded. 36. Denied. WHEREFORE,Defendant Graco Children's Products Inc. demands judgment in its favor and against Plaintiffs,together with the costs and expenses of this action, along with such further and additional relief as this Honorable Court shall deem just and appropriate. COUNT VI 37. Graco incorporates by reference its answer to paragraphs 1 through 36 as though fully set forth herein. 38. Denied. 39. Denied. WHEREFORE,Defendant Graco Children's Products Inc. demands judgment in its favor and against Plaintiffs,together with the costs and expenses of this action, along with such further and additional relief as this Honorable Court shall deem just and appropriate. NEW MATTER 40. Rubbermaid Inc. has not been properly named as a defendant in this case. 41. Newell Rubbermaid Inc. has never designed,manufactured, or distributed juvenile products, including the stroller at issue in this case. 42. The Complaint and each and every purported cause of action contained therein fails to state a claim upon which relief can be granted. 43. Plaintiffs' claims are barred by the applicable statutes of limitations and/or repose. 44. The injuries to Plaintiffs were not proximately caused by any acts or omissions of Graco. 6 #1982288 v1 104456-84332 45. The injuries to Coen Wasson were directly and proximately caused and contributed to by the actions of others, including, but not limited to his parents, Tamara Wasson and/or James Wasson. Accordingly, Plaintiff is barred from recovery against Graco, or, in the alternative, Plaintiff's recovery from Graco, if any, should be reduced in proportion of fault or barred by contributory negligence under Pennsylvania law and/or any other applicable laws. 46. Tamara Wasson and James Wasson knowingly and voluntarily assumed the risk which caused Coen Wasson's injuries and/or damages. 47. The injuries to Coen Wasson were proximately caused by the superseding and intervening acts of third parties other than Graco and over whom Graco had no control. 48. If any stroller distributed by Graco was involved herein as alleged in the Complaint,which is expressly denied, said stroller was used in a manner or for a purpose not intended by Graco and not in accordance with the instructions and/or warnings provided by Graco, nor with known safety practices. 49. The injuries to Coen Wasson were proximately caused by the misuse, abuse, alteration, and/or failure to properly maintain, install or care for the subject stroller allegedly involved in the accident by persons other than Graco, including Plaintiffs Tamara Wasson and James Wasson. Plaintiff is therefore barred from recovery against Graco, or in the alternative, the damages, if any, recoverable by Plaintiff herein must be diminished in proportion to the amount of fault attributable to Plaintiff and/or said persons. 50. The injuries to Coen Wasson were directly and proximately caused and contributed to by the actions of Tamara Wasson, James Wasson and/or other persons,who caused changes and;alterations to be made to the stroller and said changes and alterations proximately caused or contributed to the injuries alleged by Plaintiff, and voided any and all alleged warranties, express and/or implied. 7 #1982288 v1 104456-84332 51. If the stroller described in the Complaint was designed and sold by Graco,the stroller was so modified and altered after it left Graco's custody and control,and without Graco's knowledge or consent,that when Plaintiff was exposed to such product it was a substantially changed product such that it did not reach the user in substantially the same condition as when it left Graco's control. By reason thereof, Graco is not liable for the injuries and damages alleged in the Complaint. 52. Tamara Wasson and James Wasson failed to take reasonable action to mitigate the damages alleged in the Complaint. 53. Graco complied with all laws,regulations and standards in effect at the time of design and manufacture of its products. 54., The stroller described in the Complaint is a product which met the standards of the state of the art and the state of scientific knowledge at the time of its manufacture to the extent of the knowledge then available. 55. Graco did not make warranties of any kind, express or implied, or any representations of any nature whatsoever to Plaintiffs herein. If any such warranties were made, whether express or implied,which Graco specifically denies,then Plaintiffs failed to give timely notice of any breach thereof. 56. Any purported claim for punitive damages violates Graco's right under the Fifth and Fourteenth Amendments to the United States Constitution and the constitution of the state whose law is applicable and therefore fails to state a claim upon which punitive damages can be awarded. 57. Graco denies each and every allegation which has been made or which could be made under each of the theories of recovery listed in the Complaint. 58. Plaintiffs' damages were not proximately caused by any act or omission of Graco. 8 #1982288 v1 144456-84332 59. The causes of action of plaintiffs are barred in whole or in part by the failure of Plaintiffs to assert a safer design alternative for the stroller. 60. To the extent that Plaintiffs seek to hold Graco liable for failure to warn, such liability being expressly denied, Graco had no duty to warn Plaintiffs of the type of injuries alleged by Plaintiffs. 61. Plaintiffs did not rely on any labeling, warnings, or information concerning the stroller. 62. The claims of Plaintiffs are barred in whole or in part because the stroller allegedly involved in the accident provided a benefit to users that greatly outweighed any risk created by not using such stroller, because any risk could not have been avoided through the use of the highest standards of scientific and technical knowledge available at the time, because the benefit provided to users could not be achieved in another manner with less risk, and because adequate warnings concerning the risk were provided. 63. Plaintiffs' recovery must be offset by amounts recovered from other sources. 64. Graco reserves the right to assert such additional separate defenses arising in fact or in law as may be ascertained during the course of the within proceedings. WHEREFORE, Defendant Graco Children's Products Inc. demands judgment in its favor and against Plaintiffs, together with the costs and expenses of this action, along with such further and additional relief as this Honorable Court shall deem just and appropriate. GIBBONS P.C. BY: i7vineM. Sherry Stephen J. Finley Attorneys for Defendant Graco Children's Products Inc. DATED: August 29, 2013 9 MUM v 104456-84332 VERIFICATION I, David G dambos, Senior Regulatory Manager, state that I am authorized to make this Verification on behalf Graco Children's Products Inc.; that the-statements in the foregoing Answer to Complaint with New Matter are true and correct to the best of my knowledge, information and belief;and that this Verification is made subject to the penalties of IS Pa.C.S.A. §4904 relating to unworn falsification to authorities. D&Oids DATED: /-14/4 211 2013 CERTIFICATE OF SERVICE I, Madeline M. Sherry, attorney for Defendant Graco Children's Products, Inc. hereby certifies that on this 29th day of August 2013, she caused a true and correct copy of the attached Answer to Complaint with New Matter to be filed with the Court and served upon via Federal Express the following: Henry H. Wallace, Esquire Wallace Law Offices 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 Mark F. McKenna, Esquire McKenna&Associates, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 GIBBONS P.C. BY: Ma6�z& Ma M. Sherry Stephen J. Finley Attorneys for Defendant Graco Children's Products, Inc. DATED: August 29, 2013 10 #1982288 v1 104456-84332 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CIVIL DIVISION COEN WASSON, a minor, NO.: 12-5204 w � rzc5 x• CI Z.0 -- ' r PETITION TO APPROVE MINOR'S SETTLEMENT Filed on behalf of the Plaintiffs: TAMARA WASSON, JAMES WASSON, COEN WASSON, a minor COUNSEL OF RECORD FOR THIS PARTY: HENRY H. WALLACE, ESQUIRE PA ID # 1077 WALLACE LAW OFFICES 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 (412) 391-6666 MARK F. McKENNA, ESQUIRE PA ID# 30297 McKENNA&ASSOCIATES, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 (412) 471-6226 A JURY TRIAL DEMANDED I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CIVIL DIVISION COEN WASSON, a minor, NO.: 12-5204 PETITION TO APPROVE MINOR'S SETTLEMENT Petitioners, Coen Wasson, a minor, by and through his parents and natural guardians, Tamara Wasson and James Wasson, by and through their attorneys, Henry H. Wallace, Esquire, and Mark F. McKenna, Esquire, offer the following: 1. The Petitioners are the parents and natural guardians of Coen Wasson. 2. Coen Wasson was born on October 3, 2006. 3. Petitioners and Coen reside at 186 Meadowbrook Lane, Mifflintown, PA 17059. 4. On September 25, 2010, COEN, who was four years old, was sitting in an upright position in a stroller at the New Cumberland Apple Festival with his grandmother and his mother, TAMARA WASSON, when suddenly the stroller collapsed with COEN inside. 5. The sudden collapsing action of the stroller caught COEN's index/pointer finger on his dominant right hand in its hinge, severing the distal most aspect of Coen's distal phalanx. 6. COEN was transported to Hershey Medical Center where he endured multiple procedures, including unsuccessful surgery that attempted to reattach his severed finger and confinement in a hyperbaric oxygen chamber. 7. After negotiations Petitioners' counsel has received a final offer in the amount of $65,000.00, plus record costs in the amount of$147.35. Said settlement included all claims, including Tamara's claim for negligent infliction of emotional distress. Petitioner's attorneys have reviewed the facts surrounding the incident and have negotiated with Traveler's Insurance Company. Petitioners' attorneys believe that the settlement offer is fair and reasonable. See "Statement of Counsel" appended hereto as Exhibit "A". 8. As a result of his injuries, Petitioners incurred medical expenses in the amount of, $13,968.27, which amount has been reduced through negotiations to $8,500.00. Said medical expenses for treatment constitute all of the medical treatment that will be required by Coen because of this accident. 9. Petitioners are familiar with the facts and circumstances surrounding this case and consent to this settlement. 10. Coen Wasson is an autistic child with special needs consisting of occupational therapy that will continue throughout his life. Petitioners, the parents and natural guardians of Coen, require access to the settlement funds to enable them to provide said treatment to Coen throughout his lifetime. The anticipated cost for Coen's ongoing treatment will be in excess of$50,000.00 per year. Please see the attached letter from the Brain Balance Achievement Center in Mechanicsburg, Pennsylvania. Accordingly, Petitioners would request that the net proceeds in the amount of, $34,505.20 be distributed to Petitioners so it may be used for Coen Wasson's immediate needs. 11. Alternatively, Petitioners request that the Court approve release of$25,000.00, to • them pursuant to the Pennsylvania Rules of Civil Procedure, Rule 2039, which states in pertinent part: "(1) an amount not more than twenty-five thousand dollars ($25,0000.00) to be paid for the benefit of the minor to the guardian of the person or to the natural guardian or to the person or agency by whom the minor is maintained or to the minor." The remaining balance of the settlement proceed funds totaling $9,505.20 to be deposited into a federally insured savings account in the name of the Minor- Petitioner, with no withdrawal from said account permitted until Minor-Petitioner reaches the age of 18 or prior Court approval. WHEREFORE, the Petitioners respectfully request an Order be entered, authorizing the aforesaid settlement on the above terms and conditions. Respectfully submitted, MC NNA&ASSOCIATES, P.C. By: By: ' . �/i jl /i,.�/ Mark F. McKenna He Keik allace Counsel for Plaintiffs Counsel for Plaintiffs STATEMENT OF COUNSEL The undersigned are counsel for the Minor-Petitioner, Coen Wasson, and represent as follows: On September 25, 2010, COEN, who was four years old, was sitting in an upright position in the stroller at the New Cumberland Apple Festival with his grandmother and TAMARA WASSON, when, suddenly the stroller collapsed with COEN inside. The sudden collapsing action of the stroller caught COEN's index/pointer finger on his dominant right hand in the hinge, severing the distal most aspect of the distal phalanx. COEN was transported to Hershey Medical Center where he endured multiple procedures, including surgery that attempted to reattach his severed finger and confinement in a hyperbaric oxygen chamber. If settlement of this action is approved by this Honorable Court, the settlement funds will be distributed as follows: Gross Amount of Settlement: $65,147.35 Attorney's fees: 21,666.66 Expenses Advanced: 475.49 Medicare Lien Reimbursement: 8,500.00 NET TO CLIENT: $34,505.20 ALTERNATIVELY: Immediate Release to the Client: $25,000.00 Minor Account Deposit Amount: $9,505.20 It is counsel's professional opinion that the proposed settlement is reasonable and desirable in light of the extent and duration of the injuries sustained. Respectfully submitted, MCKENNA& ASSOCIATES, P.C. By: B ✓# • Mark F. McKenna F %. Walla e Counsel for Plaintiffs Counsel for Plaintiffs EXHIBIT "A" r Y VERIFICATION I am the Plaintiff/Petitioner in this matter and am represented by counsel. I have furnished to my counsel factual information upon which the foregoing is based. To the extent that it is based on the factual information provided to counsel, I verify that those facts are true and correct to the best of my knowledge, information and belief. However, the language is that of counsel and, to the extent that it goes beyond the factual information that I have provided to counsel,I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18. Pa. C.S.A. Section 4904,relating to unsworn falsification to authorities. Date: l- a,b,4 Taia Wasson VERIFICATION I am the Plaintiff/Petitioner in this matter and am represented by counsel. I have furnished to my counsel factual information upon which the foregoing is based. To the extent that it is based on the factual information provided to counsel, I verify that those facts are true and correct to the best of my knowledge, information and belief. However, the language is that of counsel and, to the extent that it goes beyond the factual information that I have provided to counsel,I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18. Pa. C.S.A. Section 4904,relating to unsworn falsification to authorities. Date: ! _ __ _...,_- James Wasson CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of a PETITION TO APPROVE MINOR'S SETTLEMENT was served on the 10th day of January 2014 via postage, pre-paid U.S. First-class mail upon the following individual(s): MADELINE M. SHERRY, ESQUIRE STEPHEN J. FINLEY, ESQUIRE GIBBONS, P.C. TWO LOGAN SQUARE 18TH AND ARCH STREETS PHILADELPHIA, PA 19103-2769 Respectfully submitted, BY: , 4I✓ 1, enry Co-counsel for Plaintiffs GIBBONS P.C. 2014 ,2�) AM 11: Madeline M. Sherry, Esquire Stephen J. Finley, Esquire CUMBERLAND ID. Nos. 31549 and 200890 PENNS Y LrAOUMIA NT 1700 Two Logan Square Attorneys for Defendant 18th and Arch Streets Graco Children's Products Inc. Philadelphia, PA 19103 215-446-6201 215-446-6311 (fax) 215-446-6265 215-446-6235 (fax) msherry@gibbonslaw.com sfinley@gibbonslaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMARA WASSON, JAMES WASSON, ) Individually, and as parents and natural ) guardians of COEN WASSON, a minor ) ) Plaintiffs, ) ) v. ) Case No. 12-5204 ) GRACO CHILDREN'S PRODUCTS INC., ) A subsidiary of NEWELL RUBBERMAID, ) INC, ) ) Defendants. ) ) DEFENDANT GRACO CHILDREN'S PRODUCTS INC.'S ANSWER TO PLAINTIFFS' PETITION TO APPROVE MINOR'S SETTLEMENT Defendant, Graco Children's Products, Inc., by and through counsel, submits its Answer to Plaintiffs' Petition to Approve Minor's Settlement. 1. - 11. Denied as stated. Graco is without sufficient facts or information to form a belief as to the truth or accuracy of the contentions regarding the happening of the accident giving rise to this lawsuit and with regard to Coen Wasson's alleged injuries and #2040019 vl 104456-84332 damages. Accordingly, those contentions are denied. By way of further answer, the resolution of this lawsuit constitutes the settlement of a disputed claim without an admission of liability or fault on the part of Graco. To the extent Plaintiffs' Petition makes reference to Coen Wasson's autism, the events giving rise to this lawsuit did not, and are not alleged to have, played any causative role in leading to Coen Wasson's autism diagnosis. Graco takes no position with regard to the distribution of settlement funds. GIBBONS P.C. BY: Ah____,„/ i. �% ' eline M. Sherry Step en . Finley Attorneys for Defendant Graco Children's Products Inc. DATED: January 22, 2014 2 #2040019 vl 104456-84332 CERTIFICATE OF SERVICE I, Madeline M. Sherry, attorney for Defendant Graco Children's Products, Inc. hereby certifies that on this 22nd day of January, 2014, she caused a true and correct copy of the attached Answer to Petition to Approve Minor's Settlement to be filed with the Court and served via email and first class mail, postage prepaid, upon the following: Henry H. Wallace, Esquire Wallace Law Offices 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 Mark F. McKenna, Esquire McKenna & Associates, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 GIBBONS P.C. BY: C-G� Ma lin,M. Sherry Stephen J. Finley Attorneys for Defendant Graco Children's Products, Inc. 3 #2040019 vl 104456-84332 Y IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA c ' IN RE: ) CIVIL DIVISION v r"., CD r-% COEN JACOBS, a minor ) NO.: 12-5204 z ORDER OF COURT _< Cn AND NOW, to-wit, this -<j, day of _, 2014, it is hereby ORDERED, ADJUDGED and DECREED that the Petition to Approve Settlement of Minor's claim is hereby GRANTED. It is hereby ordered that the settlement proceeds will be distributed as follows: Gross Amount of Settlement: $65,147.35 Attorney's fees: 21,666.66 Expenses Advanced: 475.49 Medicare Lien Reimbursement: 8,500.00 NET TO CLIENT: $34,505.20 Immediate Release to Client: $25,000.00 It is further ordered that the remaining $9,505.20 be deposited by the Petitioners' counsel in a federally insured savings account in the name of the Minor-Petitioner, with withdrawal restricted until the Minor-Petitioner reaches the age of 18, or upon Order of Court. Proof of deposit shall be provided to this Court within sixty (60) days of the date of this Order. r BY THE COURT: J. s . A.J 1, /a.711(f !-_--z&7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY„ ro PENNSYLVANIA ' �, 1-11 rn r — IN RE: ) CIVIL DIVISION -<> — 2 , za COEN WASSON, a minor en= NO.: 12-5204 c5"? IthiCADe D ORDER OF COURT AND NOW, to-wit, this /' 4 day of tia/1 ?c , 2014, it is hereby ORDERED, ADJUDGED and DECREED that the Petition to Approve Settlement of Minor=s claim is hereby GRANTED. It is hereby ordered that the settlement proceeds will be distributed as follows: Gross Amount of Settlement: $65,147.35 Attorney's fees: 21,666.66 Expenses Advanced: 475.49 Medicare Lien Reimbursement: 8,500.00 NET TO CLIENT: $34,505.20 Immediate Release to Client: $25,000.00 It is further ordered that the remaining $9,505.20 be deposited by the Petitioners' counsel in a federally insured savings account in the name of the Minor-Petitioner, with withdrawal restricted until the Minor-Petitioner reaches the age of 18, or upon Order of Court. Proof of deposit shall be provided to this Court within sixty (60) days of the date of this Order. BY THE COURT: J. PY In 1L 194), Lal.iLcr.._ .2/////y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMARA WASSON, JAMES WASSON, Individually, and as parents and natural guardians of COEN WASSON, a minor, Plaintiffs, VS. GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC. Defendants. A JURY TRIAL DEMANDED CIVIL DIVISION NO.: 12-5204 PROOF OF DEPOSIT INTO A MINOR'S ACCOUNT Filed on behalf of the Plaintiffs: TAMARA WASSON, JAMES WASSON, COEN WASSON, a minor COUNSEL OF RECORD FOR THIS PARTY: HENRY H. WALLACE, ESQUIRE PA ID # 1077 WALLACE LAW OFFICES 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 (412) 391-6666 MARK F. McKENNA, ESQUIRE PA ID# 30297 McKENNA & ASSOCIATES, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 (412) 471-6226 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMARA WASSON, JAMES WASSON, Individually, and as parents and natural guardians of COEN WASSON, a minor, Plaintiffs, VS. GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC. CIVIL DIVISION NO.: 12-5204 Defendants. AFFIDAVIT OF DEPOSIT OF MINOR'S FUNDS I, Henry H. Wallace, Esquire, am authorized to make this Affidavit on behalf of the Petitioner/Plaintiffs, Tamara Wasson, James Wasson, as parents and natural guardians of Coen Wasson, a minor and state the following: 1 On February 10, 2014, an Order of Court was entered by Judge Christylee L. Peck ordering that a restricted bank account be opened in the name of the Petitioner/Plaintiff Minor, Coen Wasson and that the amount of Nine Thousand Five Hundred Five Dollars Twenty Cents ($9,505.20) be deposited into that account. 2. On March 21, 2014, an account titled Coen Ayden Wasson with account number 10013414650, carrying a description of "Youth Savings" with an applicable annual interest rate of 0.10% was opened at Susquehanna Bank, Harrisburg Office, 112 Market Street, Harrisburg, PA 17101 and a deposit of Nine Thousand Five Hundred Five Dollars Twenty Cents ($9,505.20) was completed that date. 3. The express prohibition of withdraw of funds prior to the accountholder reaching the age of 18 or FURTHER ORDER OF COURT has been noted on the depository's records. 4. Attached are copies of supporting documentation provided by the Susquehanna Bank depository: a. Transaction Receipt for $9,505.20; b. Account Receipt B32; c. Truth in Savings Disclosure; and d. A Temporary Statement. aiiace Counsel for Plaintiffs. 436 Boulevard of the Allies Fifth Floor Pittsburgh, PA 15219 (412) 391-6666 Sworn to and subscribed before me this( day of March 2014. COMMO OF " N SY V Notarial Seal Jennie - Lynn Knox, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 3, 2016 IV A OF OT s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: COEN WASSON, a minor CIVIL DIVISION NO.: 12-5204 lt/Y/coDe.. D ORDER OF COURT AND NOW, to-wit, this /e-Z-4., day of , 2014, it is hereby ORDERED, ADJUDGED and DECREED that the Petition to Approve Settlement of Minor=s claim is hereby GRANTED. It is hereby ordered that the settlement proceeds will be distributed as follows: Gross Amount of Settlement: $65,147.35 Attorney's fees: 21,666.66 Expenses Advanced: 475.49 Medicare Lien Reimbursement: 8,500.00 NET TO CLIENT: $34,505.20 Immediate Release to Client: $25,000.00 It is further ordered that the remaining $9,505.20 be deposited by the Petitioners' counsel in a federally insured savings account in the name of the Minor-Petitioner, with withdrawal restricted until the Minor-Petitioner reaches the age of 18, or upon Order of Court. Proof of deposit shall be provided to this Court within sixty (60) days of the date of this Order.. TR arl;:t0P Y-F AtCbRCIE In Testiniony-wheredfShare anto,sei hind and the flsaict Cadister; P This iy of BY THE COURT: .(//d4 - Susquehanna Bank Gettysburg Road Office Drawer 16701 Trans N 3/21/14 01:38 PM Deposits Transaction Account ************465O Transaction Amt 9505.20 Cash Received .00 This Transaction will post on 3/21/14 Deposits are subject to validation and collection. Why brave the elements? Deposit checks from the comfort of your home with Mobile Deposit. Thank you for banking with Susquehanna Rank. 1-808-311-3182 Visit us at www.susquehanno.net • Bankers Systems, Inc., St. Cloud, MN MDF. EPAARB32 01 - Susquehanna Bank . • ACCOUNT RECEIPT B32 Harrisburg Office 112 Market Street Date: 03/21/14 Employee:Renee Soiesett ' Susquehann4 Harrisburg, PA 17101 1 Accountindonnation la Account Title lc Account Account Account Primary ld Ownership El Individual 0 Joint 0 Trust 0 Other Detail Number Description TIN of Account 0 Corporation 0 Partnership - Separate Agreement COEN AYDEN WASSON 10013414650 Youth Savings XXX—XX-2891 lb Mailing Address 0 Limited Liability Company 0 Sole Proprietorship 186 MEADOWBROOK LANE MIFFLINTOWN, PA 17059 Dated: . , 2 Signers listed below is authorized to make withdrawals from the account. TIN Relationship to Account Owner Except as otherwise provided by law or other documents, each of the signers Each signer must have a signed Customer Agreement on file with Susquehanna. Name COEN AYDEN WASSON XXX—XX-2891 Primary • 3 Disclosures . Form B32 Rev. 1-1-2010 Disclosures Provided 0.Privacy 0 Truth in Savings Disclosure 0 Fee Schedule 0 Deposit Account Agreement 0 Other . * • Bankers Systems, Inc., St. Cloud, MN MDF. EPAARB32 '01 - Susquehanna Bank Harrisburg Office 112 Market Street Harrisburg,PA 17101 TRUTH IN SAVINGS DISCLOSURE Terms following a ❑ apply only if checked. Acct:•Youth Savings Acct q: 10013414650 Date: 03/21/2014 The interest rate and annual percentage yield stated below are accurate as of the date printed above. If you would like more current rate and yield information please call us at (717) 236 -0981 This disclosure contains the rules which govern your deposit account. Unless it would be inconsistent to do so, words and phrases used in this disclosure should be construed so that the singular includes the plural and the plural includes the singular. We reserve the right to at any time require not less than 7 days notice in writing before any withdrawal from an interest bearing account. ❑ FIXED RATE ❑ The interest rate for your account is % with an annual percentage yield of %. We will pay this rate We will not decrease this rate unless we first give you at least 30 days notice in writing. ❑ The interest rate and annual percentage yield for your account depend upon the applicable rate tier. We will pay these rates . We will not decrease these rates unless we first give you at least 30 days notice in writing. ® VARIABLE RATE ® The interest rate for your account is 0.1000 % with an annual percentage yield of 0.10 %. Your interest rate and annual percentage yield may change. ❑ The interest rate and annual percentage yield for your account depend upon the applicable rate tier. The interest rate and annual percentage yield for these tiers may change. Determination of rate ® At our discretion, we may change the interest rate on your account. • The interest rate for your account ,is established by us at our sole discretion ❑ The fixed initial rate is not determined by this rule. ❑ The initial interest rate on your account Subsequent rates Frequency of rate change ® We may change the interest rate on your account daily ❑ Your initial interest rate will not change We may change the interest rate on your account at that time and thereafter. Limitations on rate changes ❑ The interest rate for your account will not by more than each ❑ The interest rate will not be less than or more than %. ❑ The interest rate will not the interest rate initially disclosed to you. Minimum Balance Requirements ® To open the account. You must deposit at least $ 10.00 to open this account. ❑ To avoid imposition of fees. To avoid the imposition of the you must meet following requirements: ❑ A of $ will be imposed every if the balance in the account falls below $ any day of the ❑ A of $ will be imposed every if the average daily balance for the falls below $ The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is To avoid the imposition of the you must meet following requirements: ❑ A of $ will be imposed for transaction (withdrawal, check paid, automatic transfer or payment out of your account) if the balance in the account falls below $ any day of the ❑ A of $ will be imposed for transaction (withdrawal, check paid, automatic transfer or payment out of your account) if the average daily balance for the falls below Truth in Savings Disclosure Bankers Systems TM Wolters Kluwer Financial Services O 1992, 2011 TSD 7/15/2011 Page 1 of 2 S . The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is ❑ To obtain the annual percentage yield disclosed. ❑ You must maintain a minimum balance of S in the account each day to obtain the disclosed annual percentage yield. ❑ You must maintain a minimum average daily balance of $ to obtain the disclosed annual percentage yield. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is Compounding and Crediting ® Frequency- Interest will be compounded every 1 Month(s) Interest will be added back to princi al every 1 Months) ® Effect of closing an account - If you close your account before interest is credited, you will receive the accrued interest. Balance Computation Method IN Daily Ba /ance Method. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. ❑ Average Daily Balance Method. We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is Accrual of interest on noncash deposits ® Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks). ❑ Interest begins to accrue you deposit noncash items (for example, checks). Bonuses ❑ You will as a bonus ❑ You must maintain a minimum of $ to obtain the bonus. ❑ To earn the bonus, Transaction Limitations ❑ The minimum amount you may deposit is S ❑ The minimum amount you may withdraw is ❑ During any you may not make more than withdrawals or transfers to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone order or instruction, computer transfer, or by check, draft, debit card or similar order to a third party, 0 ❑ You may only make statement cycle. ❑ You may only make ATM your account each statement cycle. deposits into your account each You may only make 6 from your account each statement cycle. Additional Terms For additional disclosures, see the rate sheet that has been given to you with this disclosure document. preauthorized transfers For a listing of the fees which may be assessed against your account, see our Fee Schedule that has been given to you with this disclosure document. When the accountholder reaches 18 years of age, their Youth Savings account will be converted to a Statement Savings account. For the Statement Savings account's terms and conditions, refer to our Fee Schedule that has been given to you with this disclosure document. Truth in Savings Disclosure Bankers Systems TM Wolters Kluwer Financial Services © 1992, 2011 TSD 7/15/2011 Page 2 of 2 DATE PRINTED3 /25/14 Susquehanna-Bank - TEMPORARY STATEMENT - ACCOUNT NO. 10013414650 COEN AYDEN WASSON UNDER COURT ORDER 1/24/14 -NO WITHDRAWALS UNTIL MINOR REACHES 18 OR COURT ORDERS 186 MEADOWBROOK LANE MIFFLINTOWN PA 17059 *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** PREVIOUS STATEMENT BALANCE .00 CHECKS AND CHARGES .00 DEPOSITS AND CREDITS 1 9,505.20 ** BALANCE THIS STATEMENT 9,505.20 *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DATE 3/21/14 3/21/14 CHECK# AMOUNT BALANCE TC 9,505.20 CR .100000 0 9,505.20 30 Counter Deposit 151 THIS TEMPORARY STATEMENT IS NOT A FORMAL STATEMENT OF ACCOUNT THESE ITEMS WILL BE REFLECTED AGAIN ON YOUR REGULARLY SCHEDULED ACCOUNT STATEMENT CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of a AFFIDAVIT OF PROOF OF DEPOSIT was served on the Q " day of March 2014 via postage, pre -paid U.S. First -class mail upon the following individual(s): MADELINE M. SHERRY, ESQUIRE STEPHEN J. FINLEY, ESQUIRE GIBBONS, P.C. TWO LOGAN SQUARE 18TH AND ARCH STREETS PHILADELPHIA, PA 19103 -2769 BY: Respectfully submitted, ace Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMARA WASSON, JAMES WASSON, Individually, and as parents and natural guardians of COEN WASSON, a minor, Plaintiffs, vs. GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC. Defendants. A JURY TRIAL DEMANDED CIVIL DIVISION NO.: 12 -5204 c ' • a (ft x-rt ▪ co c -, yr^ PRAECIPE TO SETTLE AND DISCONTINUE Filed on behalf of the Plaintiffs: TAMARA WASSON, JAMES WASSON, COEN WASSON, a minor COUNSEL OF RECORD FOR THIS PARTY: HENRY H. WALLACE, ESQUIRE PA ID # 1077 WALLACE LAW OFFICES 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 (412) 391 -6666 MARK F. McKENNA, ESQUIRE PA ID# 30297 McKENNA & ASSOCIATES, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 (412) 471 -6226 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMARA WASSON, JAMES WASSON, Individually, and as parents and natural guardians of COEN WASSON, a minor, Plaintiffs, vs. GRACO CHILDREN'S PRODUCTS, Inc., A subsidiary of NEWELL RUBBERMAID, INC. CIVIL DIVISION NO.: 12 -5204 Defendants. PRAECIPE TO SETTLE AN DISCONTINUE TO: THE PROTHONOTARY: Kindly mark the docket "settled and discontinued" in the above - captioned matter. Respectfully submitted, a ace Counsel for Plaintiffs CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and co ect copy of a PRAECIPE TO SETTLE AND DISCONTINUE was served on the 417 day of March 2014 via postage, pre -paid U.S. First -class mail upon the following individual(s): MADELINE M. SHERRY, ESQUIRE STEPHEN J. FINLEY, ESQUIRE GIBBONS, P.C. TWO LOGAN SQUARE 18T11 AND ARCH STREETS PHILADELPHIA, PA 19103 -2769 BY: Respectfully submitted, Co- counse for Plaintiffs