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Home My WebLink About94-03566 \ , , I " :111 , "1 " , , . , " ~ .J.....I...'. .'L ' i' , ' 'i " ,I, ,,', , ' ~ \ , , \ " } I ,/ / , / , ,t" }I' " " 'I" E", .~ " , " , . , v.. I I I I I I I I I III TBI COURT O. COHNQII 'LIAI CUllBIRLUD COUIITY, 'I..IYLVUIA CIVIL ACTIOII - LAW KVOIl' allla.ILL, Plailltiff lUIlI ROI.UCl 1UfD CO.'AIIY .114 ROL-AWAY TRUCI NAIU- .aCTUlIIlG COM'AIIY, IIIC., D.f.1l4.Dt. 110. CIVIL 1... JURY TRIAL DIHUDID CO.'LAIIlT AND NOW, this ~~~ day of , 1994, come. the Plaintiff, by her attorneys, Diveg Ray10r, P.C., and files the following Complaint averring in support thereof: 17055. 1. That Plaintiff, Kyong Kenawe11, is an adult individual who resides at 17 Nottingham Drive, Mechanicsburg, Pennsylvania, 2. That Defendant, Sears Roebuck and Company, is a retail business establishment incorporated in a state other than Pennsylvania, but registered to do business in the Commonwealth of Penn.y1vania, having an address of 3595 Capital city Mall, Lower Allen Township, Cumberland County, Camp Hill, Pennsylvania, 17011. 3. The Defendant, R01-Away Truck Manufacturing Company, Inc., is a manufacturer of handtrucks, crate handling truck., and all-purpose equipment used for the moving of materials from one place to another by business and indu.try and i. located at 6143 BE roster Road, portland, oregon 97206-3797. 4. That on March 9, 1993, at approximately 12:00 p.m., plaintiff was an invitee at the Sears store at the Capital City Mall and had purchased a large quantity of two light shop lights and was advised that she could pick up these shop lights at the pick up window on the north side of said store. 5. Plaintiff drove her vehicle to the pick up area where she met Defendant Sears' employee, Gregory Moore, who began the process of unloading the purchased shop lights from a roll-away cart manufactured by the Defendant, R01-Away Truck Manufacturing Company, Inc., said cart being Model 08-3. 6. The Defendant Sears' agent, Gregory Moore, loaded two of the shop light cartons into the trunk of Plaintiff's vehicle and WaD in the process of unloading two additional cartons when the DS- 3 cart of the Defendant Ro1-Away Truck ManUfacturing company, Inc. tipped over onto the left foot of the Plaintiff causing injury to her. 12. A. a r.su1t of her injuries incurred to her left foot, plaintiff has been advised that if she incurs the .urqical procedure that she will be disabled from her employment for an additional four to six week period and will have to incur medical expenses. 13. ~hat although plaintiff has been given nssurances that the tarsal release has a Buccess rate of 95', said elective surgery may not reduce her discomfort and/or cause additional discomfort and, thus, she may incur a diminishment of her future earning capacity a10nq with the additional loss of earnings. 14. As a result of not being able to return to employment until June 7, 1993, plaintiff was forced to pay her own health care insurance which ordinarily would have been paid by her employer and thus incurred a loss of $759.30. 15. As a result of this injury, Plaintiff has incurred pain, sufferinq and mental distress. 16. Kyong Kenawe1l was not neqligent in any manner. 17. That the Plaintiff Kyong Kenawell did not assume any risk in that she was unaware of any risk of the cart tipping onto her. including advising customers of the dangers of tip over of said hauler.; (e) The Defendant by and through its employee failed to advise the Plaintiff of the potential tip over of .aid cart thereby allowing her to be in a position of harm when it knew or should have known that said carts would tip over; and (f) That the doctrine of res ipsa loquitur applies. WHEREFORE, Xyong Xenawel1, Plaintiff, demands jUdgment against the Defendant Sears Roebuck and Company in a sum in excess of twenty-thousand ($20,000.00) dollars. comrr II I KYOIIQ KIIIA..LL v. ROI,o-AWAY TRUCK IUUlUrACTUJtIIIQ COIIPUY, IIIC. , 24. Paragraphs 1 through 17 are incorporated herein and made a part hereto. 25. Prior to Mal'ch 9, 1993, the Defendant, Ro1-Away Truck Manufacturing company, Inc., manufactured and placed into the marketplace a Rol-Away cart known as R01-Away cart Model DS-3. 26. The DS-3 Ro1-Away cart manufactured by the Defendant, ROl-Away Truck Manufacturing company, Inc., was unsafe for its intended use in that it was capable of tipping over either because it was unbalanced or because it was susceptible to tipping over with a gust of wind. 27. The Defendant Ro1-Away Truck Manufacturing Company, Inc. is strictly liable for the injuries and losses of the plaintiff, Kyong Kenawe11, in that it placed into the marketplace a product that was defective because: (a) It placed into the hands of users a product that was more dangerous than an ordinary user or consumer would or could expect in that it could tip over unexpectedly either by being unloaded in an unbalanced manner or by a gust of wind; (b) It produced and distributed the Ro1-Away Cart Model 08-3 without providing adequate warning labels on said cart apprising users of the dangers or problems of tipping when unloaded in an unbalanced manner or that it could be tipped over by a gust of wind; (c) It produced and distributed the Ro1-Away Cart Model DS-3 without providing adequate advisory or warning literature to purchasers as to the dangers of tipping when unloaded in an unbalanced manner or by a gusty wind; (d) It produced and distributed the Rol-Away Truck Manufacturing company, Inc. without providing a warning as to the risk and dangers of tipping onto bystanders who may be foreseeab1y in and about the area or unloading of said cart; (e) It produced a product, ROl-Away Cart Model DS-3, that was inherently unsafe, poorly deBigned and provided a risk far in excess of its benefit of usage; (f) It is .trict1y liable under Section 402(a) of the Re.tatement of Torts, Second, as adopted and interpreted by the Supreme Court of Pennsylvania. Kyong Kenawell VS Sears Roebuck and Company and Rol-Away Truck Manufacturing Company, Inc. In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-3566 Civil Term Complaint in Civil Action Law and NQtice COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Complaint in Civil Action Law and Notice in the following manner: The Sheriff mailed one of the within named defendants. to wit: Ro1-Away Truck Manufacturing Company, Inc., a notice of the pendency of the action, by certified mail. to their last known address at 6143 S.E. Foster Rd., Portland, oregon 97206-3797. This letter was mailed under the date of July 01, 1994. Letter was received by Rol-Away Truck Manufacturing Company, Inc. on July 05, 1994 with return receipt card signed by George Schmidt. Return receipt card is hereto attached. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says that on July 05, 1994 at 10:50 o'clock A.M., E.D.S.T.. he served a true copy of the within Complaint in Civil Action Law and Notice, in the above entitled action. upon the within named defendant, to wit: Sears Roebuck and Company, by making known unto Ted Clements. Adult in charge of Loss Prevention Department. at 3595 Capital City Mall, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Sheriff's Docketing Service Surcharge Certified Costs: 18.00 7.84 4.00 Mail 2.52 32.36 Pd. by Atty. 7-12-94 So A~~ v# r .~/fl"~ R. Th~af.l Kl~ Sh~.f-- BY C/--#~~,/./~~ Depu t y Shl!r if f Sworn and Subscribed to Before Me This I,~'" Da.r Of~ 1994, A.D. ( L~.. 12. Jh-f.i~- 4.J~ ~"onotary .. ~ -. OIRTI'ICATI 0' S8RVICI I, stephen E. G.du1diq, of the law firm of Thoma., Thoma. , Hafer, do hereby certify that on this day I served a true and cor~ect copy of the foregoinq PRAICIPB rOR ENTRY 0' AP'BARAHOI on the tollowinq by depositinq a true and correct copy in the United state. Mail, at Harri.burg, Pennsylvania, addressed a. tollow.: ~oble V. Dlveqlla, I.qulr. DIVlaLIA , KAYLOR, '.C. 11. Loou.t street Harrlaburq, 'A 17101 Harvey 're.4enberq, I.qulre Ko.I.S, WALLACI , .URICK 100 1'1ae street '.0. Box UII .arrlaburq, 'A 17101-1166 THOMAS, THOMAS , HA'la " ' '(' JJ II ' By:' , .. '. .~C" c.." stephen E. Gedu q, r. I.D. No. 43530 305 North Front street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7119 Attorneys for Defendant, Rol-Away Truck ManUfacturing company, Inc. Dated: Auqu.t 31, 1994 \ , ' ... .~,......_..l \ "-.!i' .! . .. I, I " rl,.' - - - ' '9.-3~66 civ " IINDJRI I' . C.....ttJtIN-, tnd/or a for _itlon" ..,.Ic... , 1'~tIIo.._."ond"'" :' _'''''' YM '*'" ,1nCI ....., on the rev.,.. or W. fotm 10 ,that WI can ,_....MIlI......, ' I . AntOft.... form 10 the Iront of the m.lpllc.. or on the btcll If .,.ce ,-..........., ' , . . wn. ''Rttum "ec:.t "tQIH.ttd'. on tJwmlflMcl btlow N article number .. . "" ftttum ,,""I wilt .no. to ..horn tN IItkIt WI' H1lvtr,d .,.., tM dill I dtlI..rotI, Conlu I IIm.II., 10' IN, 1-" trllgl. Add...!led to' 40, 1'0111.,. Numblf ,RO -Away Truck Manufacturin Z 305 865 060 Company, Inc. 6143' SE Foster Rd. Dln.u,ed Portland, Oregon 97206-3797 o COO o "alUIn "..lIpll.. I 1110 wllh 10 ,..olve 1M lollowlllll 1O.v1e.. "" en .x... 1..1: ' , I, 0 Adello...... Add.... 2. ' 0 R..",.lOd O.lIv.ry J! I: J: I: .It ~ I: ek... Only" ..quilted 1 ' I ~' I " ~ 1\ I' "1, ',' ,I ';J, ( " 'I , , ~"."l ,<-~' : ,/ : e. .ionICU.. lAg.rill : l 'PI '..m . .ctmbo"g9' .. .' .u."~'~714 DOMISTIC RETURN RICIIPT . . " ,. " ~. "..., !f 1 \ , . " ,.,. " - " I \:" "'\.... ri".JI,_-I , ~j , J . '. ;0 , I I .. " , .' , 1;' I I I I I , I r .' .' ,I ., ~ ,l" ..l I', I I I' t-,'-,l_' 1'1, I' . f/;ii":.'ii'r ',., f:"'1 .. f! f"r I t(;:'1 "'. " \ ,r 'I' Print your n.m.. eddr... .nd ZIP Code h.re · R. Thomas Kline, Sheriff , Cumberland County courthou.. One CourthoU8e Square Carlisle, PA 17013 .':f,. {;~i ' ,< ',' " "l 'il .{,\ ,,,/ , 0.... 'i" t.;" \;," ",'" f' I . " ,'I' ),';' ./..-, I_,-t:. >';:1,'!'" I .~...'" _i\:'.,IW",\!1 t 01'" 1",1II.IIIIIlIll..II11II...II.IIII...I.I..I.III." 11111I", II ,,' , " ,I 1 I .j .. .' " . KYONO KENAWELL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : NO. 3566 CIVIL 1994 V. SEARS ROEBUCK AND COMPANY and ROL.AWAY TRUCK MANUFACTURINO COMPANY, INC., Defendants . . : CIVIL ACTION. LAW : JURY TRIAL DEMANDED NOTICI TO PLIAD TO: lIARS ROIIUCK AND COMPANY, Defendant, and HARVIY FRtlDINllRG, ISOUIRI, Their Attorney: YoU are hereby notified to plead to the enclosed 2252(dl New Matter within twenty (20) days from service hereof or a default Judgment may be entered against you. THOMAS, THOMAS & HAFtR :t "~ " I f By: ) i , cY" / ' Stephen E, Geduldlg, ESquire I,D. No, 43530 305 North Front street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7119 ,Dated: November 8, 1995 Attorneys for Defendant, Rol.Away Truck Manufacturing Company, Inc. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 3566 CIVil 1994 : CIVil ACTION. lAW I<YONO KENAWEll, v. SEARS ROEBUCK AND COMPANY and ROL.AWAY TRUCK MANUFACTURINO COMPANY, INC., Defendants : JURY TRIAL DEMANDED ANSWIR AND NIW MATTIR AND 221S2Cdl NIW MATTIR OF DIFINDANT ROL-AWAY TRUCK MANUFACTURING COMPANY, INC. TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Rol-Away Truck Manufacturing Company, Inc., by and through Its attorneys, Thomas, Thomas & Hafer. and responds to Plaintiff's complaint as follows: 1, Admitted In part, denied In part. It Is admitted that PlaIntiff, Kyong Kenawell, Is an adult IndividuaL The remaining averments of paragraph 1 of Plaintiff's complaint are denied pursuant to pa, R, Clv, p, 1029(el, 2, No response Is required as this averment Is directed to a party other than answering Defendant. 3, Admitted In part, denied In part, It Is admitted that Defendant ROI.Away Truck Manufacturing company, Inc. manufactured the cart Involved In this accident, and that Rol-Away Is located at 6143 SE Foster Road, portland, Oregon. 97206.3797. To the extent that paragraph 3 of Plaintiff's complaint purports to aver additional facts. same are denIed pursuant to pa, R, Clv, p, 10291el, 4. Denied pursuant to pa, R. Clv. P. 1029Ie). 5. Denied pursuant to Pa, R. Clv. P. 1029Ie). 6. Denied pursuant to Pa, R, Clv, P. 1029Ie). 7. Denied pursuant to Pa. R, Clv. P.1029(e). 8. Denied pursuant to Pa, R. Clv. P. 1029Ie). 9. Denied pursuant to pa. R. Clv. P. 10291el. 10. Denied pursuant to Pa. R. Clv. P. 1029(e). 11. Denied pursuant to pa. R. Clv. P. 1029Ie). 12. Denied pursuant to pa. R. Clv. P. 10291el. 13. Denied pursuant to Pa. R. Clv. P.1029Ie). 14. Denied pursuant to pa. R. Clv. P. 1029Ie). 15. Denied pursuant to pa. R. Clv. P. 10291el. 16. Denied pursuant to pa, R. Clv. P. 1029(e). 17. Denied pursuant to pa. R. Clv. P. 1029Ie). WHIRIFORI, Defendant, Rol-Away Truck Manufacturing company,lnc., respectfully requests that judgment be entered In Its favor and against the Plaintiff. COUNT I KYONG KINAWELL V. SIARS ROIIUCK AND COMPANY 18-23. No response Is required of answering Defendant as these averments are directed to another party. WHIRIFORI, Defendant, Rol-Away Truck Manufacturing company,lnc., respectfully requests that judgment be entered In Its favor and against the Plaintiff. -2- COUNT II KYONC KINAWILL v. ROL-AWAY TRUCK MANUF"CTURINC COMPANY. INC_ 24. No response 15 required as this Is a paragraph of Incorporation. 25. Admitted. 26. Denied pursuant to Pa. R. Clv. P. 10291el. 27(aHfl. Denied pursuant to pa. R. Clv. P. 1029(el. WHIRIFORI, Defendant, Rol-Away Truck Manufacturing company, Inc., respectfully requests that judgment be entered In Its favor and against the Plaintiff. NIW MATTER 28. Defendant Incorporates herein by reference, as If fUlly set forth at length, paragraphs 1.27 of Its Answer to Plaintiff's complaint. 29. Plaintiff's complaint falls to state a cause of action upon which relief can be granted. 30. Plaintiff's claims may be barred by the applicable statute of limitations. 31. At the time and place alleged In Plaintiff's complaint, Plaintiff Kyong Kenawell's own carelessness and negligence may have directly and proximately caused the Injuries and damages alleged In her complaint; Plaintiff's negligence and carelessness may bar or limit her recovery against answering Defendant In accordance with the pennsylvania Comparative Negligence Act. 42 Pa. C.S. p102. 32. Plaintiff may have assumed the risk of Injury. 33. Plaintiff may have misused, abused and unforeseeably used the product Which allegedly caused the Plaintiff's Injuries. .3. 34. At the time the MOdel 05-3 roll.away cart left the care, custody and control of the manufacturer, It was free from defects, was accompanied by warnings and Instructions which rendered the product safe for the ordinary purpose for which It as Intended. 35. The alleged injuries and damages Of which Plaintiff complains were proximately caused or proximately contributed to by parties. persons, and entities other than answering Defendant, and over whom they had no control or right of control. 36. Any Injuries, damages and losses allegedly suffered by the Plaintiff were proximately caused or contributed to by a superseding and Intervening cause or causes other than any alleged act or omission on the pal t of answering DefeMant, and, accordingly, recovery or relief against answering Defendant Is barred. WHIRlPORI, Defendant, Rol-Away Truck Manufacturing company,lnc., respectfully requests that judgment be entered In Its favor and agaln~t the Plaintiff. 221S2Cdl NIW MATTIR DIRICTID TO DIFINDANT SIARS ROIIUCK AND COMPANY 37. paragraphs 1-36. above. are Incorporated herein by reference as If fully set forth at length. 38. The factual averments of Plaintiff's Complaint are Incorporated herein by reference as if fully set forth at length, without admission or adoption. 39. The liability on the part of Defendant Rol-Away Truck Manufacturing Company, Inc. Is specifically denied. .4. I, !',I hJ \. ~ '" I, " vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 3566 JURY TRIAL DEMANDED KYONG KENAWELL, Plaintiff SEARS ROEBUCK AND COMPANY and ROL-AWAY TRUCK MANUFACTURING COMPANY, INC. Defendants CIVIL ACTION - LAW ANSWER WITH NEW MATTER OF DEFENDANT SEARS ROEBUCK AND COMPANY ANSWER 1.-27. All averments of Plaintiff's Complaint not deemed admitted pursuant to the provisions of Pa.R.Civ.P. 1029(e) are here-by denied. WHEREFORE, Defendant Sears Roebuck and Company demands that Plaintiff's Complaint be dismissed with prejudice and that the costs of this action be awarded to said Defendant. NEW MATTER ADDRESSED TO PLAINTIFF 28. Plaintiff's injuries and damages, if any, were caused by an act of God. the cart to tip. 29. Plaintiff's injuries and damages, if any, were caused when an unforeseeable, heavy and substantial gust of wind caused 30. Plaintiff's injuries and damages, if any, were caused solely and directly as a result of the conduct of individuals or entities over whom Defendant Sears Roebuck and Company ("See.rs") had no responsibility or control. 1 WHEREFORE, Defendant Sears Roebuck and Company demands that Plaintiff's Complaint be dismissed with prejudice and that the costs of this action be awarded to said Defendant. NEW MATTER ADDRESSED TO DEFENDANT ROL-AWAY TRUCK MANUFACTURING COMPANY. INC. 31. If it is determined that Plaintiff sustained the injuries and damages described in her Complaint in the manner alleged therein, which is denied, then Defendant Rol-Away Truck Manufacturing Company, Inc. ("Rol-Away") is solely liable to Plaintiff. 32. In the alternative, if it is determined that Plaintiff sustained the injuries and damages described in her Complaint in the manner alleged therein, which is denied, then Rol-Away is jointly and severally liable with Sears and/or liable over to it for indemnity, the existence of any liability on the part of Sears being denied. WHEREFORE, Defendant Sears Roebuck and Company demands that any judgment entered in favor of Plaintiff Kyong Kenawell be entered solely against Defendant Rol-Away Truck Manufacturing Company, Inc. In the alternative, Defendant Sear~ Roebuck and Company demands that any judgment entered against it be entered jointly and severally against Defendant Rol-Away Truck Manufacturing Company, Inc. and/or that Defendant Rol-Away Truck Manufacturing Company, Inc. be held liable over to it for indemnity. 2 J " VERIFICATION subject to the penalties of 18 Pa.C.S.A. 54904, relating to unsworn falsification to authorities, I hereby certify that I am of counsel to Sears Roebuck and Company; that as such I am duly- authorized to make this Verification on its behalf and that I do so because Defendant is outside the jurisdiction of this Court and its VerificCltion Cann(lt be obtained within the time allowed for filing of this pleading; that I have reviewed the foregoing Ans~'er, and that the fa,~ts set forth therein are true and correct to the best of my information and belief, based upon information provided to or obtained by me in my capacity as counsel for said Defendant. November 10 , 1995 4 .. .. " KYO~G KENAWELL, Plaint i ff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 3566 vs. SEARS ROEBUCK AND COMPANY and ROL-AWAY TRUCK MANUFACTURING COMPANY, INC. Defendants JURY TRIAL DEMANDED CIVIL ACTION - LAW REPLY OF DEFENDANT SEARS ROEBUCK AND COMPANY TO NEW MATTER OF DEFENDANT Ror~-AWAY ,!'RUCK MANUFACTURING COMPANY. INC. 37. Defendant Sears Roebuck and Company (" Sears") is not required to plead to the averments of Paragraphs 1-36 of the Answer of Defendant Rol-Away Truck Manufacturing Company, Inc. ("Rol-Away") . 38. Sears incorporates herein by reference the averments of its Answer with New Matter. 39.-41. Paragraphs 39.41 of the New Matter of Rol-Away state conclusions of law to which no responsive pleading is required. If a responsive pleading is deemed necessary, the averments thereof are denied pursuant to Pa.R.Civ.p. 1029(e). WHEREFORE, Defendant Sears Roebuck and Company demands that the New Matter of Defendant Rol-Away Truck Manufacturing Company, Ln en - .. '. , " " '. ~. .. .r..... "r ~ 'J.. " ~ ~ .t u ~ ~~L'i ~,.' ~; '''1,10 n I .' ....~;:~ . '.-0.1,:1 I."'., ,IJt :~.; :'1 t1:~, . ." Il ~..I .. I ttl" 16 /i") ''-I ...... , ,. ~ " " " " " .... .. .. . . r,t.,':NI"F.'_i, WAl.LI\t:":f I'" I"lUHIU< 11)'1 I'lfjl 'inf! ILr ,,, ..,' II,\!' III ''1111) I~':;, I' ,\ 1" ')IS . " ~ (717)rDNllI5 ,Alt (717).1.4CI(l q)<<~ba on~/. %[~k-j !LJ. (f . ATTOANt!YS AT LAW HI LQQJIf "".1 HJ..cllAID, .........VNM ,not v.. I III THI COURT or COIUCOII PLUB I C~IRLAIID COUNTY, PIIIIIBYLVAIIIA I I CIVIL ACTIOII - LA. I I 110. 3566 CIVIL 1". I I I JURY TRIAL DIllAllDID IYOKG ItIKA.ILL, Plaintiff lIAR. RO..UCI AIID COMPANY and ROL-AWAY TRUCK HAIIU- 'ACTVRIKG COMPANY, IIIC., D.fendant. R.PLY TO II" MATTia or DI'.NDAIIT IIARB AND NOW, this 14th day of November, 1995, comes the Plaintiff by her attorney Archie V. Diveglia filing a Reply to New Matter. 28. Denied. It is denied that Plaintiff's injuries and damages were caused by an act of God. Her injuries and damages were caused by the negligence of Sears Employee and/or the improper design of the cart of the Defendant ROl-Away Truck Manufacturing. If a heavy and substantial gust of wind caused the cart to tip even though loaded with shop lights, Plaintiff's injuries were caused not by the heavy and substantial wind but by the design of a cart that was so unbalanced as to tip over despite being loaded with a gust of wind. 29. Denied. See answer 28. 30. Neither admitted nor denied. Plaintiff is unable to ~ ,. ", .' - comprehend the allegation set forth by the Defendant Sears Roebuck and company. Plaintiff responds by assuming that Defendant Sears b indicating improper design of, said cart in light of the new matter addressed to the Rol-Away truck manufacturing company that follows. Respectfully .ubmitted, OIVEGLIA and KAYLOR, P.C. , OA'rED I " ...N~r' By: Arc~ V. Divegli Esquire Attorney 1.0.#17 119 Locust stree Harrisburg, Penn y ania 17101 (717) 236-5985 Attorney for Plaintiff .< ClD'l'nIClA'l'. OlP ...vla. AND NOW, this 14th day ot November, 1995, I, Bethany A. King, for Archie V. Diveglia, Esquire, hereby certity that a copy ot the toregoing Reply to New Matter ot Defendant Sears was served by depositing the oame in the United States Mail located in Harrisburg, PA, postage prepaid, addressed to the tollowing: stephen E. Geduldig, Esquire 305 North Front street P.O. Box 999 Harrisburg, PA 17108-0999 Harvey Freedenberg, Esquire McNEES, WALLACE & NURICK 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 ?:Ji'(AM).lf: I >J t~ Bethany . King, S cretary of Archie V. Diveglia, Esquire DIVEGLIA & KAYLOR, P.C; " lA I: ~ .. ..... ..... "I ~-' ~ "'f ' ~;a:..it ...,.:,ot.t....t' ~~ '! ,I' " . .J I lif'" I''';; ':,' ;.~ I -",llj'~ . 'I' - t.) ~. .a: u.. '..~ ~I(.J - 'Q "- :I " i' " , ) / I r " , , , ". I<YONO KENAWELl, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . : NO. 3566 CIVIL 1994 v. SEARS ROEBUCK AND COMPANY and ROL.AWAY TRUCK MANUFACTURINO COMPANY, INC., Defendants . : CIVil ACTION. LAW : JURY TRIAL DEMANDED RIPL Y OF DIFINDANT ROL.AWAY TRUCK MANUFACTURING COMPANY, INC. TO DIFINDANT SIARS ROIIUCK AND COMPANY'S NIW MATTIR 31. Denied as a legal conclusion. 32. Denied as a legal conclusion. WHIRlPORl, Defendant, Rol.Away Truck ManUfacturing Company, Inc., respectfully requests that Judgment be entered In Its favor and against all other parties. THOMAS, THOMAS & HAFIR By J, (p . ' ~e E. Geduldlg, ES 1.0. NO. 43530 305 N. Front Street P.O. Box 999 HarriSburg. PA 17108 (717) 237-7119 / Dated: November I ~, 1995 Attorneys for Defendant, Rol.Away Truck Manufacturing Company, Inc. ~ .. . .. cJ ,,""....., t,v ~ 1...i.,'7 ,/.1...... ..A-'" &.-(J...., -fR.'....... t,t.ja- j..t :4- ,It...... -L", C P,J,. L'i ::;tJ..... \'t"M'........ (L..I.. ~l...".P\(l.tt.'- ~,.... ,...l.~.....t'....t.A ".~ It/'ll 9j-' ~."e.+!H , ...:J-A...1. iJ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : NO. 3566 CIVil 1994 . . : CIVil ACTION. lAW . : JURY TRIAL DEMANDED r, I' PRAICIPI TO SUISTITUTI VIRIFICATION TO THI PROTHONOTARY: Please substitute the attached Verlflcatlor1 of Bruce W. Gilpin, Jr., for the Verification of the undersigned counsel for Defendant Rol.Away TrUCk Manufacturing Company, whIch was attached to our Answer and New Matter, flied on November 9, 1995. Respectfully submitted, THOMAS, THOMAS & HAFIR " . By ~t., Stephen E. Ged I,D. No. 43530 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (7171 237-7119 I '" Attorneys for Defendant, Rol-Away Truck ManUfacturing Company Dated: January 19, 1996 1 ~ . VlltIIllCATJmj I,IRUCI W. GILPIN, JR., state that I am President of Rol.AWay,lnc., that I make this verification on behalf of Defendant, Rol-Away Manufacturing company, Inc., and that I am familiar with the facts and allegations set forth In the foregoing ANSWIR, NIW MATTIR AND 221S2(d) NIW MATTIR. I have read the foregoing document and hereby affirm that It Is true and correct to the best of my personal knowledge, Information and belief. This verification Is made pursuant to 18 Pa,C.S. 54904 relating to unsworn falsification to authorities. /~~ IRUCI . I' I, . Dated: November ~.tf, 1995 . CIRTIFICATI OF SIRVICI I, stephen E. Geduldlg, ESquire, of the law firm of Thomas, Thomas & Hafer, do hereby certifY that on this day I served a true and correct copy of the foregoing PRAICIPI TO SUISTITUTI VIRIFICATION on the following by first-class mall, postage prepaid, at the addresses listed below: Archie V. Dlveglla, Isqulre DIVIGLIA Ii KAYLOR, P.C. 118 Locust street Harrllburg. PA 17101 Harvey FrHdenberg. Esquire McNllS, WALLACE & NURICK 100 Pine street P.O. lOX 1111 Harrllburg, PA 17108-1111 THOMAS, THOMAS Ii HAFIR By SC:1eL~(/ - stephen E. Geduldlg, ES ulre 1.0. No. 43530 305 N. Front street P.O. BoX 999 Harrisburg. PA 17108-0999 (7171 237-7119 Attorneys for Defendant, Rol-Away TrllCk Manufacturing Company Dated: January 19, 1996 .'. .... lJl .,- [r; Li) h ., 1-' 9 t':-. ~~~ ~,. j .:!~ 1..,).-: :1': ' '..... 5'~'. ~" (~ ~.i I ;>- f.l ,,- <''') " t~ I,J ? 1,..... ('., ~,l "'j.! rf.L!! :r.~ f'1 ~'"j r-: a>~J: q.:;. -, .... . . ::J _n B CO , I , " rll^ECII'E FOR LISTING eM! FOR TRUL ..,....__.. ..______ __.__ r--- (~_'"I lit! tYIW-Wllltrn lInd lIul.JnlHr.r' In l!."llenlr) '" '1111' I"""HIII'^HY or nt1l1F:llIN') nUlfI'Y ,- , , , , , " ",,."",. 11"1 UIl1 followlll!J ('n91:'1 If-') I" ~ II! lj , I il) , 'I -'. ) ill ,', f"II""-, 'Inn) x I , fur .JllflY tdlllllt thl"! IIIll!t tem o( clvn ('our't'; for trlnl wlU.,ut 1I jUlY. ._ _ _. .... .... _ -.: _. _ _ _ _. _ _ _ _ _ _ _ - - - - - - - - -. ~1- - .'-- -"/ ./ '~'T" ~I Fl" r'N~r:: f"..II... ,'n,,' I'~I ""n' 1)(> "'nl",! III fulll (r.I1f!Ck ont!) XI (Ivli ^d Ion - IIIW I<VorIG I I ^rtlf!nl (Iun I\rhlt,."t1nll KF.NMIF.LL Colf~rl (1'lnlnl Ifq . vn. ------- SEAR!! ROEBUCK & COIlPANY and ROL-ANAY TRUCK MANU., FACTURING C011PANY, INC. The trllll lI!lt wlil be cnller! on____ lInd Auqust 20. 1996 __,____" Trllll. cuml!ftce on September 16. JJ),26 Pretrllll!l will be llf!ll! no ~\I"t 2R",-199 (Brle(1l lire due 5 dllYI!I before I'rrlrl..,,,, I ('the f'Arty llllHng thlll CPI"l!! rnr I rlnl rhnl' provll1e (orthwlth II COl'Y of Ihe rn,..,."", 1,0 1111 coungel, pllr-IlUlII1t to 10('1I1 "ull! 2 H.1. I 1'1(!frll.lnlllls VA. tl'J. 3566 clvB 19 ti.--- I",1\,.nlr lI,.. nl,lnml'Y who will try CIl!le for till! ,,,,rty who (Ill''' 1I11A I'rn""h"'. "" ,_q,___,~RC~:_~E V. DIVEGL.I,A- llL1.QCUST ST.. IIARRISRlIRr.,-EA-..-l..ll.O.l-_H___" Irullrntf! tl'inl rotJl1~('l Cor 011)('(' pBrHeB ~f kllCMlll .. _~ARVE~..!R~F.DENBU~G AND STEP:IEN GEPUWING 'l1d" ,'n"" If! !",,,,Iy ftir tr'lnl. Slgned! rrlnt NmP.! ARCHIE V. DI lA, ESO. ",tf"r July 24, 1996 ^ttomey (ort _ PLAINTtIT_