HomeMy WebLinkAbout04-0087REIFF & BILY
BY: RAYMOND M. BILY, ESQUIRE
Identification No.: 44677
1429 Walnut Street
12th Floor
Philadelphia, PA 19102
(215) 246-9000
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DOUGLAS M. DUNBAR and
BARBARA A. DUNBAR, h/w
10 Chimney Ridge Court
Washington Township, NJ 07675
vs.
BYRON THOMAS BLAND
1399 Shuman Drive
Carlisle, PA 17013
and
Plaintiffs
JET JOYNER EXPRESS TRUCKING, INC.
413 Highway 303 South
Searcy, AR 72143
Defendants
COMPLAINT
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
COMPLAINTAND NOTICE ARE SERVED, BY ENTERING A WRITTEN
APPEARANCE PERSONALLY OR BYAN ATTORNEYAND 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
OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER
RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-717-249-3166
Docket No.: Oq- ?4 c t o l
LE HAN DEMANDADO A LISTED EN LA CORTE, SI LISTED
QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN
LAS PAGINAS SIGUIENTES, LISTED TIENE VIENTE (20) DIAS, DE
PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA
NOTIFICATION. HACE FALTA ASENTAR UNA COMPARENCIA
ESCRITA O EN FORMA ESCRITA SUS DEFENSAS O SUS
OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA.
SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE
TOMARA MEDIDAS Y PUEDE CONTINUAR LA DEMANDA EN
CONTRA SUYA SIN PREVIO AVISO O NOTIFICACION. ADEMAS,
LA CORTE PUEDE DICIDIR A FAVOR DEL DEMANDANTE Y
REQUIERE QUE LISTED CUMPLA CON TODAS LAS PROVISIONES
DE ESTA DEMANDA. LISTED PUEDE PERDER DINERO O SUS
PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA
LISTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Asociacion de Liceneados de Cumberland County
32 South Bedford Street
Carlisle, PA 17013
1-717-249-3166
COUNT ONE
DOUGLAS DUNBAR V. DEFENDANTS
1. Plaintiffs, Douglas and Barbara Dunbar, are husband and wife residing at the
above address.
2. Defendant, Byron Thomas Bland, is an individual residing at the above address.
3. Defendant, Jet Joyner Express, Inc, is corporation or other business entity with
offices located at the above address.
4. At all times pertinent hereto, Plaintiff, Barbara Dunbar, was the owner and
operator of a 1997 Cadillac, involved in the hereinafter mentioned accident.
5. At all times pertinent hereto, Defendant, Byron Thomas Bland, was the owner
and operator of a 1999 Dodge pickup truck towing a trailer owned by Jet Joyner Express
Trucking, Inc., involved in the hereinafter mentioned accident.
6. At all times pertinent hereto, operator, Byron Thomas Bland, was the agent,
servant and/or employee of owner, Jet Joyner Express Trucking, Inc. and was using the
aforesaid vehicle with the actual, apparent or implied authority of the owner.
7. Defendant, Jet Joyner Express Trucking, Inc. negligently entrusted its trailer to
Defendant, Byron Thomas Bland, who had little or no experience pulling trailer of such size
and dimensions.
8. On or about January 9, 2002, at approximately 1:50 p.m., Plaintiffs were traveling
northbound on Interstate 81 in Frederick County, Virginia when Defendant attempted to
change lanes cutting in front of plaintiffs vehicle, forcing it off the roadway and causing
plaintiff, Barbara Dunbar, to lose control of the vehicle and cross the median into the
southbound lanes where it was violently and forcefully struck by another vehicle.
2.
9. The aforesaid accident was caused by the carelessness and sole negligence of
the defendants and consisted of the following:
a. Operation of a motor vehicle at a high and excessive rate of speed under
the circumstances;
b. Failure to have said motor vehicle under proper and adequate control
under the circumstances;
c. Failure to have due regard for the point and position of said motor vehicle
occupied by Plaintiffs;
d. Failure to keep a proper lookout;
e. Failure to exercise due care and caution;
f. Leaving the scene of an accident;
g. Operating said motor vehicle without due care and regard for the rights,
safety and position of Plaintiffs herein.
10. The Plaintiff, Douglas Dunbar, sustained injuries in and about the head,
body and extremities and/or aggravated a pre-existing condition concerning these parts,
including but not limited to, acute traumatic pneuomothorax requiring an emergency
thoracostomy, respiratory failure, emergency open tracheotomy, comminuted fracture of
the right clavicle, numbness and tingling in the right shoulder and arm, multiple fractured
ribs, and multiple scalp lacerations, which injuries are or may be serious, severe and
permanent and suffered a severe shock to his entire nervous system, which injuries are
or may be permanent requiring extensive medical care. He has suffered and may continue
to suffer great physical pain and mental anguish and has been and may continue to be
prevented from attending to his usual daily duties, activities and occupation. He has
3
Incurred and may continue to Incurvarlous medical expenses in and about an effort to cure
himself of the aforesaid Injuries.
10. The Plaintiff incurred additional financial loss not set forth above and not paid
under The Pennsylvania Motor Vehicle Financial Responsibility Law for which she
demands reimbursement.
WHEREFORE, Plaintiff, Douglas Dunbar, demands judgment against the
Defendants in a sum in excess of the limits of arbitration.
COUNT TWO
BARBARA A. DUNBAR V. DEFENDANTS
11. Plaintiff, Barbara Dunbar, hereby incorporates paragraphs one (1) through ten
(10) as though fully set forth herein.
12. Solely by reason of the aforesaid negligence of the defendants, the
wife/plaintiff, Barbara Dunbar, has been and may continue to be deprived of the services,
society, comfort, companionship, earnings, consortium and assistance of her husband, and
may in the future be deprived of the same for an indefinite period of time.
WHEREFORE, Plaintiff, Douglas Dunbar, demands judgment against the
Defendants in a sum in excess of the limits of arbitr06n.
M. BILY, ESQUIRE
Plaintiffs
4
12/80/03 TUE 14:29 FAX 215 246 9012 REIFF AND BILY
VERIFICATION
Douglas M. Dunbar and Barbara A. Dunbar, state that they are the plaintiffs herein
and that they are acquainted with the facts set forth in the foregoing Civil Action; that the
same are true and oxrect to the best of their knowledge and belief; and that this statement
is made subject to tie penalties of i$ Pa, C.S. § 4904 relating to unsworn falsification to
authorities. No affidavit is required under Rule 206.
v
E"AIA f?f. _ .fit A,cV-c
?/M. DUNBAR
/CP"?AJi
BARBARA A. DUNBA
0007
r
C-
i
? v
JI
? ¢
R o ca
-?
D 7p
P
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00087 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DUNBAR DOUGLAS ET AL
VS
BLAND BRYON THOMAS ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BLAND BYRON THOMAS the
DEFENDANT , at 2109:00 HOURS, on the 9th day of January 2004
at 1399 SHUMAN DRIVE
CARLISLE, PA 17013 by handing to
MARJORY BLAND, MOTHER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
32.14
Sworn and Subscribed to before
me this YI `? day of
?' c20c,y A.D.
J aProt onotary'
So Answers:
R. Thomas Kline
01/27/2004
JEFFREY REIFF & ASSOC
By :
Deputy Sheriff
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2004-00087 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DUNBAR DOUGLAS ET AL
VS.
BLAND BRYON THOMAS ET AL
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT JET JOYNER EXPRESS TRUCKING
INC by United States Certified Mail postage
prepaid, on the 9th day of January 2004 at 0000:00 HOURS, at
413 HIGHWAY 303 SOUTH
SEARCY, AR 72143 a true
and attested copy of the attached COMPLAINT & NOTICE Together
with
The returned
receipt card was signed by DUSTIN JOYNER on
01/20/2004 .
Additional Comments:
Sheriff's Costs: So answers:
Docketing 6.00
Service 4.65 R. Thomas Kline
Affidavit .00 Sheriff of Cumberland County
Surcharge 10.00
.00
20.65
Paid by JEFFREY REIFF & ASSOC on 01/27/2004
Sworn and subscri d to before me
this ,3p L?' day of
?Cot( A.D.
1 ?.,?,0 KL .J
hon /?
l?r totary ' U?
Pip ?;R
?? an
?I
q?s
m d
$vaof
a q , s?
ifm
N ? C £ U
U
C
N
u
E
F
N
a M
W M N
35 m ~
[per ?
GI ;3 A.'
h w t/1
a o
0
U
000
isoo
r
co
O
s
a
o- ?
..0
Y
O
to
to
M1
O
M0
O
1'? N
S
ru
ti
C
C r
M1 Cl)
0
- a
MI 829200
REIFF & BILY
BY: RAYMOND M. BILY, ESQUIRE
Identification No.: 44677
1429 Walnut Street
121i Floor
Philadelphia, PA 19102
(215) 246-9000 Attorney or Plaintiffs
CIVIL ACTION - LAW
DOUGLAS M. DUNBAR and
BARBARA A. DUNBAR, h/w
Plaintiffs
VS. Docket No.: 04-87 Civil
BYRON THOMAS BLAND JURY TRIAL
and
JET JOYNER EXPRESS TRUCKING, INC.
Defendants
PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER
20. Denied. The allegations contained in this paragraph contains a conclusion of law
to which no answer is required under the Pennsylvania Rules of Civil Procedure. In addition, after
reasonable investigation the Plaintiff is without sufficient information to form an pinion as to
the true of admissibility of evidence pertinent to the allegations, therefore strict proof demanded
at the time of trial.
21. Denied. The allegations contained in this paragraph contains a concllusion of law
to which no answer is required under the Pennsylvania Rules of Civil Procedure.
reasonable investigation the Plaintiff is without sufficient information to form an pinion as to
the true of admissibility of evidence pertinent to the allegations, therefore strict proof ' demanded
at the time of trial.
22. Denied. The allegations contained in this paragraph contains a conclusion of law
to which no answer is required under the Pennsylvania Rules of Civil Procedure. In addition, after
reasonable investigation the Plaintiff is without sufficient information to form an union as to
the true of admissibility of evidence pertinent to the allegations, therefore strict proof ' demanded
at the time of trial.
23. Denied. The allegations contained in this paragraph contains a con lusion of law
to which no answer is required under the Pennsylvania Rules of Civil Procedure. In ddition, after
reasonable investigation the Plaintiff is without sufficient information to form an pinion as to
the true of admissibility of evidence pertinent to the allegations, therefore strict proo is demanded
at the time of trial.
24. Denied. The allegations contained in this paragraph contains a con usion of law
to which no answer is required under the Pennsylvania Rules of Civil Procedure. In dition after
reasonable investigation the Plaintiff is without sufficient information to form an pinion as to
the true of admissibility of evidence pertinent to the allegations, therefore strict proof demanded
at the time of trial.
WHEREFORE, Plaintiff respectfully requests that judgment be entere consistent
with Plaintiffs' Complaint and that Defendant's New Matter be stricken.
AND BILY
BY:
I DATE: March 8, 2005
2
VERIFICATION
I, Raymond M. Bily, Esquire, being duly sworn according to law,
and say
that I am Legal Counsel for Plaintiff in the forgoing Civil-Action, and that the f cts set forth
Plaintiffs Answers to Defendants New Matter are true and correct to th best of my
knowledge, information and belief. I understand that the statement here are made
subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn fal ification to
authorities.
DATE: 3( g' c
3
CERTIFICATE OF SERVICE
I, Raymond M. Bily, Esquire, certify that a true and correct copy ?f Plaintiffs'
Answer to Defendants' New Matter was mailed this day via First Class
postage paid mail to the following party:
Stephanie L. Hersperger, Esgwire
Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
BILY
By:
Date: March 8, 2005
States
4
?,> ? ?
(? -
?? "IM1
.?
1
?..
Li
_.. '?
(. M1 '
P.
REIFF & BILY
BY: RAYMOND M. BILY, ESQUIRE
Identification No.: 44677
1429 Walnut Street
12`h Floor
Philadelphia, PA 19102
(215) 246-9000
Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DOUGLAS M. DUNBAR and
BARBARA A. DUNBAR, h/w
Plaintiffs
VS.
BYRON THOMAS BLAND
and
JET JOYNER EXPRESS TRUCKING, INC.
Defendants
Docket No.: 04-87 Civil Term
JURY TRIAL DEMANDED
MOTION FOR STATUS CONFERENCE
Plaintiffs Douglas Dunbar and Barbara Dunbar, move this Honorable Court to enter an Order
granting a Status Conference regarding in above matter. In support of their Motion, Plaintiffs aver as
follows:
The instant civil action was commenced by Complaint filed on or about January 8, 2004.
(See Civil Action Complaint attached hereto as Exhibit "A")
2. On or about February 5, 2004, Defendants filed Preliminary Objections to Plaintiff's
Complaint. (See Preliminary Objections Attached hereto as Exhibit "B")
3. On or about February 20, 2004, Plaintiffs filed and Amended Complaint concerning the
above captioned matter. See Amended Complaint attached hereto as Exhibit "C").
4. On or about March 19, 2004, defense counsel requested an extension of time to respond to
Plaintiffs' Amended Complaint. Pursuant to defense counsel's request, and extension of sixty (60) days was
P.
granted by Plaintiffs. Defense counsel also requested "damage documentation" which would expedite their
evaluation of Plaintiffs' claims. Medical records (specials) were sent to defense counsel on June 8, 2004.
(See attached letter dated March 30, 2004 attached hereto as Exhibit "D").
5. On or about March 29, 2004, Plaintiffs' counsel requested that defense counsel inform them
as to their client's availability for depositions regarding the above matter.
6. Defense counsel did not respond to Plaintiffs' request concerning the scheduling of
depositions.
7. As of June 2, 2004, approximately one month past the deadline for the extension of time
for Defendant to respond to Plaintiffs' Amended Compliant, Plaintiffs' counsel had not received
Defendant's response. As such letters were forwarded to defense counsel inquiring the status of their
response. (See attached letters attached hereto as Exhibit "E").
8. On or about June 8, 2004, it was agreed between counsel that once defense counsel received
and reviewed Plaintiff's medical records that they would file and answer to Plaintiffs' Amended Complaint.
(See Attached letter attached hereto as Exhibit T").
9. On June 20, 2004, Plaintiffs' counsel received a letter from defense counsel advising that
they have been asked by their principle to explore Plaintiffs' settlement position in hopes that we may be able
to conclude this matter. See attached lettered dated June 20, 2004 attached hereto as Exhibit "G").
10. Plaintiff s medical documentation (records) were once again forwarded to defense counsel
on July 20, 2004. See attached letters attached hereto as Exhibit " H").
11. On July 19,2004, some two months after the first extension of sixty (60) days, defense
counsel requested another extension of time to respond to Plaintiffs' Amended Compliant, indicating that
they have "not been able to establish contact with the driver" and the lawyer for the driver will not return
their calls. See attached letter dated July 19, 2004 attached hereto as Exhibit "I").
12. On August 22, 2004, Plaintiffs' counsel received a letter from Defense counsel advising that
Plaintiff's "policy limits" demand has been passed to the carrier. See attached letter attached hereto as
Exhibit "J").
13. On November 6, 2004, a letter was sent to defense counsel inquiring as to whether or not
they have made contact with the driver of the vehicle and the status of their response to Plaintiffs' Amended
Complaint. See attached letter dated November 6, 2004 attached hereto as Exhibit "K").
14. Defendants filed an Answer and New Matter to Plaintiff s Amended Complaint on or about
February 15, 2005. (See attached Answer and New Matter attached hereto as Exhibit "E")
15. Thereafter, Plaintiff s counselreceived anotherletter from defense counsel advisingthat they
have been asked by their principle to explore Plaintiffs' settlement position in the hopes that we may be able
to conclude this matter.
16. Plaintiffs' counsel has made several attempts to speak to defense counsel concerning a
possible settlement concerning the instant matter and defense counsel has repeatedly failed and/or refused
to discuss settlement or moving forward on this matter.
17. As Defense counsel is aware from the medical records sent to them on two separate
occasions, at the time of the accident, Plaintiff Douglas Dunbar was a 77 year-old elderly man who was
involved in an accident where he suffered severe trauma, requiring surgical repair for a large laceration to
his right posterior scalp, placement of right tube thoracostorry, percutaneous endoscopic gastrostomy tube
placement, and placement of left subclavian triple lumen catheter. As a result of the trauma from this
accident, Plaintiff Douglas Dunbar suffered rib fractures acute respiratory failure and has feeding difficulties.
Plaintiff Douglas Dunbar's health continues to deteriorate.
18. Defense counsel has not submitted interrogatories, requested depositions of the Plaintiffs
and is avoiding and advancement in this case.
19. Because of the time-frame for which this matter has progressed and the lack of cooperation
in the behalf of defense counsel, Plaintiffs' counsel is under the belief that defense counsel is purposely
avoiding any advancement of this case.
20. Plaintiffs require an Order of this Court scheduling a Status Conference so that counsel in
this matter may discuss and resolve before the Court any outstanding issues that defense counsel may have,
allowing this matter to move forward and/or be placed on a fast track
WHEREFORE, Plaintiffs respectfully requests the Court to enter an Order scheduling a Status
Conference within twenty (10) days of the date of the Order.
Rttt40ND M. BILY,
Attey for Plaintiffs
VERIFICATION
RAYMOND M. BILY, ESQUIRE, states that he is the attorney for the plaintiffs herein and that the
facts set forth in the foregoing MOTION FOR SETTLEMENT CONFERENCE; that the same are true and
correct to the best of his knowledge and belief; and that this statement is made subject to the penalties of 18
Ps. CS Sec. 4904 relating to unsworn falsification to authorities. No affidavit is required under Rule 206.
YMOND M. BIrY
3mev for Plaintiffs
C,* ? t ? A 4-
REIFF & BILY
BY: RAYMOND M. BILY, ESQUIRE
Identification No.: 44677
1429 Walnut Street
12"Floor
Philadelphia, PA 19102
(215) 246-9000
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW (7) o
,-
DOUGLAS M. DUNBAR and r?
BARBARA A. DUNBAR, h/w
10 Chimney Ridge Court c° 'rTi
Washington Township, NJ 07675 - r
- rn
Plaintiffs / ^t
vs. Docket No.: BYRON THOMAS BLAND
1399 Shuman Drive
Carlisle, PA 17013
and
JET JOYNER EXPRESS TRUCKING, INC.
413 Highway 303 South
Searcy, AR 72143
Defendants
COMPLAINT
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
COMPLAINTAND NOTICE ARE SERVED, BY ENTERINGA 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
OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER
RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-717-249-3166
LE HAN DEMANDADO A LISTED EN LA CORTE. Si LISTED
QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN
LAS PAGINAS SIGUIENTES, LISTED TIENE VIENTE (20) DIAS, DE
PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA
NOTIFICATION. HACE FALTA ASENTAR UNA COMPARENCIA
ESCRITA O EN FORMA ESCRITA SUS DEFENSAS O SUS
OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA.
SEA AVISADO QUE SI LISTED NO SE DEFIENDE, LA CORTE
TOMARA MEDIDAS Y PUEDE CONTINUAR LA DEMANDA EN
CONTRA SUYA SIN PREVIO AVISO O NOTIFICACION. ADEMAS,
LA CORTE PUEDE DICIDIR A FAVOR DEL DEMANDANTE Y
REQUIERE QUE LISTED CUMPLA CON TODAS LAS PROVISIONES
DE ESTA DEMANDA. LISTED PUEDE PERDER DINERO 0 SUS
PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA
USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Asociacion de Liceneados de Cumberland County
32 South Bedford Street
Carlisle, PA 17013
1-717-249-3166
COUNT ONE
DOUGLAS DUNBAR V. DEFENDANTS
1. Plaintiffs, Douglas and Barbara Dunbar, are husband and wife residing at the
above address.
2. Defendant, Byron Thomas Bland, is an individual residing at the above address.
3. Defendant, Jet Joyner Express, Inc, is corporation or other business entity with
offices located at the above address.
4. At all times pertinent hereto, Plaintiff, Barbara Dunbar, was the owner and
operator of a 1997 Cadillac, involved in the hereinafter mentioned accident.
5. At all times pertinent hereto, Defendant, Byron Thomas Bland, was the owner
and operator of a 1999 Dodge pickup truck towing a trailer owned by Jet Joyner Express
Trucking, Inc., involved in the hereinafter mentioned accident.
6. At all times pertinent hereto, operator, Byron Thomas Bland, was the agent,
servant and/or employee of owner, Jet Joyner Express Trucking, Inc. and was using the
aforesaid vehicle with the actual, apparent or implied authority of the owner.
7. Defendant, Jet Joyner Express Trucking, Inc. negligently entrusted its trailer to
Defendant, Byron Thomas Bland, who had little or no experience pulling trailer of such size
and dimensions.
8. On or about January 9, 2002, at approximately 1:50 p.m., Plaintiffs were traveling
northbound on Interstate 81 in Frederick County, Virginia when Defendant attempted to
change lanes cutting in front of plaintiffs vehicle, forcing it off the roadway and causing
plaintiff, Barbara Dunbar, to lose control of the vehicle and cross the median into the
southbound lanes where it was violently and forcefully struck by another vehicle.
2.
THOMAS, THOMAS & HAFER LLP
ATTORNEYS AT LAW
www.tthlaw.com
305 North Front Street, P.O. Box 999, Harrisburg, PA 17108
Phone: (717) 237-7100 Fax: (717) 237-7105
Stephen E. Geduldig, Esquire
(717) 237-7119
sgeduldig@tthlaw.com
February 5, 2004
Raymond M. Bily, Esquire
REIFF & BILY
1429 Walnut Street
12th Floor
Philadelphia, Pennsylvania 19102
Re: Dunbar v. Bland and Jet Joyner Express Trucking Inc
Cumberland County No. 04-57
Dear Attorney Bily:
Enclosed please find a clocked-in copy of Defendants' Prelimil_sry Objections to
Plaintiffs' Complaint which were filed with the Court on February 5, 2004, along with a
copy of our Praecipe to List the Preliminary Objections for Argument.
Very truly yours,
THOMAS, THOMAS & HAFER LLP
G
By. y
G tephen E. Geduldig
SEG/tk 277544,1
Enclosures
1AL
Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 * Phone: (610) 868-1675 • Fax: (610) 868-1702
r
Douglas B. Marcello, Esquire
Attorney I.D. No. 36510
Stephen E. Geduldig, Esquire
Attorney I.D. No. 43530
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
Post Office Box 999
Harrisburg, Pennsylvania 17108-0999
(717) 237-7100
FAX (717) 237-7105
E-Mail: geduldia(atthlaw corn Attorneys for Defendant:
BYRON THOMAS BLAND and JET JOYNER EXPRESS TRUCKING, INC.
DOUGLAS DUNBAR, and
BARBARA DUNBAR,
Plaintiffs
V.
CJ
v
O
C o
r -n
TJ
z m
cm
rn?
c
s?
U
c
C m
O
_ _
co
BYRON THOMAS BLAND, and
JET JOYNER EXPRESS
TRUCKING, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA
CIVIL ACTION - LAW
DOCKET NO. 04-57
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF
DEFENDANTS TO PLAINTIFFS' COMPLAINT
AND NOW, come the Defendants, Byron Thomas Bland ("Bland") and
J.E.T. Joyner Express Trucking, Inc. ("J.E.T. Joyner"), who file the
following Preliminary Objections to Plaintiffs, Complaint and who, in
support thereof, aver as follows:
2. Preliminary Objection Raising Question of Lack of
Jurisdiction
1. Plaintiffs have initiated this action by the filing of a
Complaint, a copy of which is attached as Exhibit "A."
2. Plaintiffs, claims arise from a vehicular accident which
occurred in Frederick County, Virginia. (Plaintiffs, Complaint, ¶8),
3. The accident upon which Plaintiffs base their claim did not
occur in Pennsylvania.
4. In fact, no facts with regard to Plaintiffs' action
occurred in the Commonwealth of Pennsylvania.
5. For the reasons which follow, this Honorable Court lacks
personal jurisdiction over Defendant J.E.T. Joyner Express Trucking,
Inc.(hereinafter "J.E.T. Joyner").
6. An affidavit of Michelle Joyner, secretary/ treasurer of
J.E.T. Joyner, setting forth the company's lack of contacts in and
with Pennsylvania, is attached hereto as Exhibit "B.-
7. Defendant J.E.T. Joyner had at the time of the alleged
accident of January 9, 2002, and continues to have at present, its
principal place of business at 506 East Booth Avenue, Searcy,
Arkansas.
8. Defendant J.E.T. Joyner is a corporation formed under the
laws of Arkansas, and was so formed at the time of the aforementioned
accident.
9. Defendant J.E.T. Joyner has no office or place of business
within Pennsylvania.
10. Defendant J.E.T. Joyner has no terminals in Pennsylvania.
11. Defendant J.E.T. Joyner has no employees in Pennsylvania.
12. Defendant J.E.T. Joyner does not advertise in Pennsylvania.
13. Defendant J.E.T. Joyner did not own the truck or trailer
allegedly involved in the aforementioned accident.
2
14. Co-Defendant Byron Thomas Bland, a driver under lease with
J.E.T. Joyner, and an independent contractor, owned the truck and
trailer allegedly involved in the accident, and he was dispatched
from Arkansas.
15. Defendant S.E.T. Joyner did not, and does not, have minimum
contacts with Pennsylvania sufficient to confer in personam
jurisdiction under the Pennsylvania Long Arm statute, 42 Pa.C.S.A.
§5322.
WHEREFORE, Defendant J.E.T. Joyner requests this Honorable Court
dismiss Plaintiffs' Complaint as to it for.lack of jurisdiction.
II. Preliminary Objections Pursuant to Pa.R.C.P. 1028(a)(2) and
1028(a)(3)
16. Defendants Bland and J.E.T. Joyner incorporate the
averments of paragraphs 1-15, above, as if fully set forth at length.
17. Pa.R.Civ.P. 1028(a)(2) provides that a party may
preliminarily object to any pleading that fails to conform to law or
rule of court.
18. Furthermore, pursuant to Pa.R.Civ.P. 1028(a)(3), a party
may preliminarily object when there is insufficient specificity in a
pleading.
19. Pa.R.Civ.P. 1019(a) requires that the "material facts on
which a cause of action or defense is based shall be stated in a
concise and summary form." Pa.R.Civ.P. 1019(a). This provision is
3
e-)
designed to apprise the opposing party of what the pleading party
intends to establish at trial.
20. Subparagraphs 9(e) and (g) Plaintiffs, Complaint set forth
unspecific and vague allegations of negligence on the part of Moving
Defendants, in that Plaintiffs plead that Moving Defendants failed
"to exercise due care and caution," and operated "said motor vehicle
without due care and regard for the rights, safety and position of
Plaintiffs herein."
21. The foregoing violate the fact pleading principles of Rule
1019(a) in that these subparagraphs contain vague, non-specific
allegations of negligence insufficient to apprise Moving Defendants
of the tortious conduct alleged against them. Moving Defendants are
therefore unable to appropriately respond or adequately prepare a
defense to these allegations.
22. Moreover, Moving Defendants are prejudiced by the fact that
Plaintiffs may at any time, even though the statute of limitations
has expired, amend their Complaint to allege new theories and causes
of action. The Supreme Court of Pennsylvania has stated that where a
general averment of negligence is not met with a motion to strike or
motion for more specific pleading, the Plaintiffs may be allowed to
amend their claims to include more specific allegations of negligence
any time up to, and including, the time of trial. See, e.g., Connor
v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983).
4
23. Plaintiffs, failure to plead material facts within
subparagraphs 9(e), and (g) require that said allegations be stricken
pursuant to Pa.R.Civ.P. 1019(a).
WHEREFORE, Moving Defendants respectfully request that this
Honorable Court grant their Preliminary Objections to Plaintiffs,
Complaint and order that the language of Subparagraphs 9(e) and (g)
be stricken from the Complaint with prejudice, or in the alternative,
order that Plaintiffs amend the Complaint to fully conform with the
applicable Rules of Procedure.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
a ?? G By:
2760a.i DO S B. RCELLO, ESQUIRE
Attorney I.D. No. 36510
STEPHEN E. GEDULDIG, ESQUIRE
Attorney I.D. No. 43530
Attorneys for Defendants,
Byron Thomas Bland and J.E.T.
Joyner Express Trucking, Inc.
5
Exhibit A
JAN-13-2004 TUE 10;14 AM JET FAX NO. b012114 F. uziull
Tg`4uil c'`bipy i'6'tilre°e
z,?, r; .• ra:}I I ?::ii; i,'f.?Cti ;f.'1 Ci±f fi3ra
at?J 91? sirc4 ct yg!ti Gc:+; ?t G?rFrc??'.?,(?h_:?,??
"otltlF Y
REIFF & BILY
BY; RAYMOND M. i ILY, ESQUIRE
Identification No, 44677
1429 Walnut Street
12th Floor
Philadelphia, Pa. 19102
r 1 I
: J
..d r'
1
1+?' A
rn
N o
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL AC71ON LAW
DOUGLAS M. DUNBAR and
BARBARA A D UNBAR, HNV
10 Chimney Ridge Court
Washington Township, NJ 07675
vs.
BYRON THOMAS BLAND
1399 Shuman Drive .
Carlisle, PA 17013
and
JET JOYNER EXPRESS TRUCKING, INC.
413 Highway 303 South
Searcy, AR 72143
Docket No. 0 V. 3.7
COMPLAINT
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 a er s comp a rrit and notice are served, by entering a written appearance
personally or by 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 fall to do so the case may proceed without you and a judgment cony be
entered against you by the court without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
-' COURTADMINISTRATOW-sOFFICE - -'
4TH FLOOR
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 171 Da
JAN-13-2004 TUE 10:14 AM JET WO) FAX NO, 50127014 P. 03/08
COUNT ONE
DQUGLAS DUNBAR V. DEPENDANTS
__ 1. Plaintiffs, Douglas and Barbara Dunbar, are husband and wife residing at the
- above address.
2. Defendant, Byron Thomas Bland, is an individual residing at the above address,
3. Defendant, Jet Joyner Express, Inc, is corporation or other business entity with
offices located at the above address.
4. At all times pertinent hereto, Plaintiff, Barbara Dunbar, was the owner and
operator of a 1997 Cadillac, involved in the hereinafter mentioned accident.
5. At all times pertinent hereto, Defendant, Byron Thomas Bland, was the owner
and operator of a 1999 Dodge pickup truck towing a trailer owned by Jet Joyner Express
Trucking, Inc., involved In the hereinafter mentioned accident.
6. At all times pertinent hereto, operator, Byron Thomas Bland, was the agent,
servant and/or employee of owner, Jet Joyner Express Trucking, Inc. and was using the
aforesaid vehicle with the actual, apparent or implied authority of the owner.
7. Defendant, Jet Joyner Express Trucking, Inc. negligently entrusted its trailer to
Defendant, Byron Thomas Bland, who had little or no experience pulling trailer of such size
and dimensions.
8. On or about January 9, 2002, at approximately 1:50 p.m., Plaintiffs were traveling
northbound on Interstate 81 in Frederick County, Virginia when Defendant attempted to
change lanes cutting in front of plaintiffs vehicle, forcing It off the roadway and causing
plaintiff, Barbara Dunbar, to lose control of the vehicle and cross the median into the
southbound lanes where It was violently and forcefully struck by another vehicle.
2
JRN'13-2UU4 TUE lU:lb Rn JEI 1 PM NU, 5ULGInq r, ueiuo
9. The aforesaid accident was caused by the carelessness and sole negligence of
the defendants and consisted of the following:
a. Operation of a motor vehicle at a high and excessive rate of speed under
the circumstances;
b. Failure to have said motor vehicle under proper and adequate control
under the circumstances;
c, Failure to have due regard for the point and position of said motor vehicle
occupied by Plaintiffs;
d. Failure to keep a proper lookout;
e. Failure to exercise due care and caution;
f. Leaving the scene of an accident;
g. Operating said motor vehicle without due care and regard for the rights,
safety and position of Plaintiffs herein.
10. The Plaintiff, Douglas Dunbar, sustained Injuries In and about the head,
body and extremities and/or aggravated a pre-existing condition conceming these parts,
including but not limited to, acute traumatic pneuomotharax requiring an emergency
thoracostomy, respiratory failure, emergency open tracheotomy, comminuted fracture of
the right clavicle, numbnes§ and tingling In the right shoulder and arm, multiple fractured
ribs, and multiple scalp lacerations, which injuries are or may be serious, severe and
-permanent and suffered a severe shock to his entire nervous system, which injuries are
or maybe permanent requiring extensive medical care. He has suffered and may continue
to suffer great physical pain and mental anguish and has been and may continue to be
prevented from attending to his usual daily duties, activities and occupation. He has
3
4AN-13-2004 TUE 101 15 AM JET FAX NO, 50127114 F. Ub/U8
incurred and may continue to incur various medical expenses in and about an effortto cure
himself of the aforesaid injuries.
10. The Plaintiff incurred additional flnenclal loss not set forth above and not paid
--under--The-Pennsylvania Motor Vehicle Financial Responsibility Law for which she
demands reimbursement.
WHEREFORE, Plaintiff, Douglas Dunbar, demands judgment against the
Defendants in a sum in excess of the limits of arbitration. .
coUNT TWO
BARBARA A DUNBAR V. DEFENDANTS
11. Plaintiff, Barbara Dunbar, hereby incorporates paragraphs one (1) through ten
(10) as though fully set forth herein.
12. Solely by reason of the aforesaid negligence of the defendants, the
wife/plaintiff, Barbara Dunbar, has been and may continua to be deprived of the services,
society, comfort, companionship, earnings, consortium and assistanceof her husband, and
may in the future be deprived of the some for an indefinite period of time.
WHEREFORE, Plaintiff, Douglas Dunbar, demands judgment against the
Defendants in a sum in excess of the limits of arEptoon.
M. BILY,
4
JRN-1J-LUU4 tut iu; l5 tiri Jtl i me nul ourciM 4 r, uuiuu
VERIFICATION
RAYMOND M. BILY, ESQUIRE, states that he Is the attorney for the plalntiff(s)
herein and that he is acquainted with the facts setforth In the foregoing Complaint; that the
same are true and correct to the best of his knowledge and belief; and that this statement
is made subject to the penalties of 98 Pa. C.S. §4904 relating to unsworn falsification to
authorities. No affidavit Is required under Rule 206.
** TOTAL PRGE.07 **
Exhibit B
FEB'04-2004 WED 12;53 PM JET
12:16 FEB 04, 2e04
FAX M. 5012rJ14
TEL N0: 237-7105
P. 01
#7256 PFGE: 2/3
AFFIDAVIT OF MICHELF,.70VNFR
- 1. I, MichelleJoyner, am Secretary/'I'rcasurerofJ,li.T., Inc. of Searcy
- -, .1 ,,,U„L aucgeary involveci in the occident which is the
subjectof the laNSuiC'caoHOnpe, w,:
•• 1 ' „and wunty, Ncnnsylrania, including depositions
and trial, would be oppressive tO J.F.T.
FEB'04-2004 WED 12;53 PH JET
12:17 FEE 04, 2004
a- ,
FAX NO. 501214
TEL N0: 237-7105
P. 02
#7256 PAGE: 3/3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing document was served by depositing the same in the
United States Mail, postage prepaid, at Harrisburg,
Pennsylvania, on the 5- _ day of February, 2004, on all
counsel of record as follows:
Raymond M. Bily, Esquire
REIFF & BILY
1429 Walnut Street
12th Floor
Philadelphia, Pennsylvania 19102
Attorneys for Plaintiffs
THOMAS, THOMAS & HAFER, LLP
277216.1
Dou a arcello, Esquire
0?- ?j ? 14
?I
?l
F1 ID-C)FRI"'r
UF THE- -,
201j4 FEB 'CID Pf" 3: 5
CLPv )'J"vii'
REIFF & BILY
BY: RAYMOND M. BILY, ESQUIRE
Identification No. 44677
1429 Walnut Street
12th Floor
Philadelphia, Pa. 19102
(215) 246-9000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DOUGLAS M. DUNBAR and
BARBARA A DUNBAR, H/W
10 Chimney Ridge Court
Washington Township, NJ 07675
vs.
Docket No. O 9 -.5--7
BYRON THOMAS BLAND
1399 Shuman Drive
Carlisle, PA 17013
and
J.E.T JOYNER EXPRESS TRUCKING, INC.
413 Highway 303 South
Searcy, AR 72143
AMENDED COMPLAINT
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 ANYMONEYCLAIMED OR FORANY OTHERCLAIM OR
RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South BeCtorE Street
Carlisle, PA 17013
)717)249-1166
LE HAN DEMANDADO A USTED EN LA CORTE. $I USTED OUIERE
DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS
SIGUIENTES, USTED TIENE VIENTE (20) DIAS, DE PLAZO AL PARTIR DE LA
FECHA DE LA DEMANDA Y LA NOTIFICATION. RACE FALTA ASENTAR UNA
COMPARENCIA ESCRITA O EN FORMA ESCRITA SUS DEFENSAS 0 SUS
OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA SEA
AVISADO DUE St USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y
PUEDE CONTINUAR LA DEMANDA EN CONTRA SUVA SIN PREVIO AVISO 0
NOTIFICACION. ADEMAS, LA CORTE PUEDE DICIDIR A FAVOR DEL
DEMANDANTE Y REQUIERE QUE USTED CUMPLA CON TOGAS LAS
PROVISIONES DE ESTA DEMANDA. USTED PUEDE PERDER DINERO O SUS
PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEOIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SURCIENTE DE TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ASAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bodford Street
Carlisle, PA 17013
(717)249-3166
COUNT ONE
DOUGLAS DUNBAR V. DEFENDANTS
1. Plaintiffs, Douglas and Barbara Dunbar, are husband and wife residing at the
above address.
2. Defendant, Byron Thomas Bland, is an individual residing at the above address.
3. Defendant, J.E.T. Joyner Express,Inc,("J.E.T.")iscorporationor other business
entity with offices located at the above address.
4. At all times pertinent hereto J.E.T. maintained substantial contacts with the
Commonwealth of Pennsylvania.
5. At all times pertinent hereto J.E.T. maintained business activities within the
Commonwealth of Pennsylvania.
6. At all times pertinent hereto, J.E.T. owned the towing trailer and/or other
equipment which is the subject of the instant lawsuit.
7. At all times pertinent hereto, J.E.T., knew or should have known, the
aforementioned trailer equipment would be operated in business enterprise within the
Commonwealth of Pennsylvania.
8. At all times pertinent hereto, Plaintiff Barbara Dunbar, owned and operated the
1997 Cadillac, involved in the hereinafter described accident.
9. At all times pertinent hereto, Defendant Bland, owned and operated the 1999
Dodge pickup truck, which towed a trailer owned by J.E.T,. involved in the hereinafter
described accident.
10. At all times pertinent hereto, Defendant Bland, was the agent, servant
contractor, workman and/or employee of, J.E.T. and was using the aforesaid trailer with the
actual, apparent or implied authority of the owner J.E.T..
11. At all times pertinent hereto, Defendant Bland, acted within the course and
scope of his authority and agency and/or employment and in accord with J.E.T.'s business
and purpose.
12. At all times pertinent hereto, J.E.T. negligently entrusted its trailerto Defendant
Bland, who had little or no experience pulling a trailer of such size and dimensions.
13. On or about January 9, 2002, at approximately 1:50 p.m., Plaintiffs were
traveling northbound on Interstate 81 in Frederick County, Virginia when Defendant attempted
to change lanes cutting in front of plaintiffs vehicle, forcing it off the roadway and causing
plaintiff, Barbara Dunbar, to lose control of the vehicle and cross the median into the
southbound lanes where it was violently and forcefully struck by another vehicle.
14. The aforesaid accidentwas caused bythe carelessness and sole negligence
of the defendants and consisted of the following:
a. Operation of a motor vehicle at a high and excessive rate of speed
under the circumstances;
b. Failure to have said motor vehicle under proper and adequate control
under the circumstances;
C. Failure to have due regard for the point and position of said motor
vehicle occupied by Plaintiffs;
d. Failure to keep a proper lookout;
3
e. Failure to exercise due care and caution;
Leaving the scene of an accident;
g. Operating said motor vehicle without due care and regard forthe rights,
safety and position of Plaintiffs herein.
15. The Plaintiff, Douglas Dunbar, sustained injuries in and about the head, body
and extremities and/or aggravated a pre-existing condition concerning these parts, including
but not limited to, acute traumatic pneuomothorax requiring an emergency thoracostomy,
respiratory failure, emergency open tracheotomy, comminuted fracture of the right clavicle,
numbness and tingling in the right shoulderand arm, multiple fractured ribs, and multiple scalp
lacerations, which injuries are or may be serious, severe and permanent and suffered a
severe shock to his entire nervous system, which injuries are or may be permanent requiring
extensive medical care. He has suffered and may continue to suffer great physical pain and
mental anguish and has been and may continue to be prevented from attending to his usual
daily duties, activities and occupation. He has incurred and may continue to incur various
medical expenses in and about an effort to cure himself of the aforesaid injuries.
16. The Plaintiff incurred additional financial loss not set forth above and not paid
underThe Pennsylvania Motor Vehicle Financial Responsibility Law forwhich she demands
reimbursement.
WHEREFORE, Plaintiff, Douglas Dunbar, demandsjudgment against the Defendants
in a sum in excess of the limits of arbitration.
4
COUNT TWO
BARBARA A. DUNBAR V. DEFENDANTS
17. Plaintiff, Barbara Dunbar, hereby incorporates paragraphs one (1) through
sixteen (16) as though fully set forth herein.
18. Solely by reason of the aforesaid negligence of the defendants, the wife/plaintiff,
Barbara Dunbar, has been and may continue to be deprived of the services, society, comfort,
companionship, earnings, consortium and assistance of her husband, and may in the future
be deprived of the same for an indefinite period of time.
WHEREFORE, Plaintiff, Douglas Dunbar, demands judgment against the Defendants
in a sum in excess of the limits of arbitration.
4D M. BILY,
for Plaintiffs
DATE:
5
VERIFICATION
I, Raymond M. Bily, Esquire, being duly sworn according to law, depose
and say that I am counsel for Plaintiffs in the forgoing Amended Complaint, and that the
facts set forth in the foregoing Civil Action Complaint are true and correct to the best of my
knowledge, information and belief. I understand that the statement herein are made
subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to
authorities.
7? /c--
RAYM D M. BILY, ESQ IRE
DATE:
& ? I I
REIFF AND BILY
,V a0a e-n? -,,t-2[,
1429 WALNUT STREET
12TH FLOOR
PHILADELPHIA, PA 19102-3218
JEFFREY M. REIFF
RAYMOND M. BILY. JR.
Stephen E. Geduldig, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(215) 246-0000
FAX (215) 2M-0012
TIN 23-2358887
June 8, 2004
RE: Dunbar vs. Bland, et al.
Dear Mr. Geduldig:
Pursuant to your request, enclosed please find records in our possession
concerning the treatment rendered to Mr. Dunbar. Upon receipt of these documents,
please call to discuss when you will be filing an answer to Plaintiffs Complaint.
Very truly yours,
REIFF AND BILY
RAYMOND M. BILY, ESQUIRE
RMB/yd
Enclosures
THOMAS, THOMAS & HAFER
ATTORNEYS AT LAW
305 North Front Street, P.O. Box 999, Harrisburg, PA 17108
Phone: (717) 237-7100 Fax: (717) 237-7105
LLP I'
www.tthlaw.com
Stephen E. Geduldig, Esquire
(717) 237-7119
seduldig@tthlaw.com
March 30, 2004
Raymond M. Bily, Esquire
REIFF & BILY
1429 Walnut Street
12th Floor
Philadelphia, Pennsylvania 19102
Re: Dunbar v. Bland and Jet Joyner Express
Cumberland County No. 04-57
Dear Ray:
Thank you for your March 19, 2004, voice mail message regarding our request for an
additional extension to plead to the Amended Complaint. I think an additional 6o days will
be all that we will need; however, if you need a response to the Amended Complaint before
then, please let me know.
Iii the meantime, I think it would expedite evaluation of your client's claims f'i'at
a updated damage documentation to Attorney Fitch so that he and Attorney Fulkerson can
e luate your client's claims.
, thank you for your professional courtesy.
Very truly yours,
Tff0MAS, TH[SMAS & HAFER LLP
By:
Step en E. Geduldig
SEG/tk 285889.1
Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702
Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 0 Fax: (412) 697-7407
&?, L 4 ? -
REIFF AND BILY pp
??orru?se,a?zcv? TJ.ou?2Je?md,a?la,?aOO 1429 WALNUT STREET
12TH FLOOR
PHILADELPHIA, PA 19102-3218
JEFFREY M, REIFF
RAYMOND M. BILY, JR.
(215) 246-8000
FAX(215)246-8012
TIN 23-2368001
June 2, 2004
YVONNE C. DAVIS, LEGAL ASSISTANT
EXTENSION 106
YDAV ISAREIFFANDRILY.COM
File No.: 5762-04
Stephen E. Geduldig, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
Re: Dunbar vs. Byron Bland, et al.
Dear Mr. Geduldig:
As you know, our office graciously gave Defendant an extension of sixty (60) days
to respond to Plaintiffs complaint regarding the above captioned matter. The sixty (60)
days have now expired. Please respond as soon as possible.
Thank you for your cooperation in this regard.
Sincerely yours,
REIFF AND BILY
RAYMOND M. BILY, ESQUIRE
RMB/ycd
E-
REIFF AND BILY
? ?e &"Wj0a,0 aG-2fma
1429 WALNUT STREET
12TH FLOOR
PHILADELPHIA, PA 19102-3218
(215) 246-9000
FAX (215) 246-8012
JEFFREY M. REIFF
RAYMOND M. BILY, JR.
Stephen E. Geduldig, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
TIN 23-2358B67
June 8, 2004
RE: Dunbar vs. Bland, at al.
Dear Mr. Geduldig:
f
Our office was gracious enough to grant an extension of sixty (60) days for
Defendants to file an answer to Plaintiffs' Complaint. Your extension expired May 30,
2004. Kindly inform us as to when you will be filing an answer to Plaintiffs Complaint. If
we do not hear from you by the end of this week, we will have no other alternative but to
file a Notice of Intention to take Default.
I look forward to hearing from you.
Very truly yours,
REIFF AND BILY
Yvonne C. Davis, Legal Assistant to
RAYMOND M. BILY, ESQUIRE
/yd
(F)
THOMAS, THOMAS & HAFER LLP
ATTORNEYS AT LAW
www.tthlaw.com
305 North Front Street, P.O. Box 999, Harrisburg, PA 17108
Phone: (717) 237-7100 Fax: (717) 237-7105
Stephen E. Geduldig, Esquire
(717) 237-7119
sgeduldig@tthlaw.com
June 8, 2004
Raymond M. Bily, Esquire
REIFF & BILY
1429 Walnut Street
12th Floor
Philadelphia, Pennsylvania 19102
Re: Dunbar v Bland and Jet Joyner Express
Cumberland County No. 04-57
Dear Ray:
Per your telephone conversation with my paralegal, Barbara Lauver, on this date, you
have agreed to overnight Plaintiffs medical records to this office. Once these records are
received and reviewed we will file our Answer to Plaintiff s Complaint. If you have a problem
with this please do not hesitate to contact me.
Thank you for your professional courtesy.
Very truly yours,
THOMAS, THOMAS & HAFE°R LLLP
U
By.
Stephen E. Geduldig
2858893
Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702
Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407
c-x l??7i? ?.
THOMAS, THOMAS & HAFER LLP
ATTORNEYS AT LAW
305 North Front Street, P.O. Box 999, Harrisburg, PA 17108
Phone: (7177) 237-7100 Fax: (717) 237-7105
June 20, 2004
Raymond M. Bily, Esquire
REIFF & BILY
1429 Walnut Street
12th Floor
Philadelphia, Pennsylvania 19102
Re: Dunbar v. Bland and Jet Joyner Express
Cumberland County No. 04-57
Dear Ray:
1?.
www.tthlaw.com
Stephen E. Geduldig, Esquire
(717) 237-7129
sgeduldig@tthlaw.com
When you get a moment, please call me to discuss this case. I have been asked by our
principle to explore your settlement position in the hopes that we may be able to conclude
this matter.
Please call me at your earliest convenience.
Very truly yours,
THOMAS, THOMAS & HAFER LLP
By:
Steu en E. Geduldig
SEG/tk 285889.7
Bethlehem Office
Pittsburgh Office
- osuv Dam rice, ?,urte suz, tethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702
• 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 4 Fax: (412) 697-7407
? L j 4
BUCKS COUNTY OFFICE
3325 Street Road
Suite 200
Bensalem, PA 19020
DAUPHIN COUNTY OFFICE
1101 North Front Street
Harrisburg, PA 17110
JEFFREY M. REIFF
RAYMOND M. BILY, JR.
(215) 246-9000
FAX (215) 246-9012
www.reiffandbily. corn
EIN #23-2356667
July 20, 2005
Stephanie L. Hersperger, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
RE: Dunbar vs. Bland, et al.
Dear Ms. Hersperger:
BEw COUNTY OFFICE
2640 Westvie Drive
Wyomissing, PA 19610
Reply to Philadelphia Office
Yvonne C. Davis
ydavis@reiffandbily.com
Paralegal to
Jeffrey M. Reiff, Esquire
Raymond M. Bily, Esquire
Pursuant to Mr. Bily's request, I am enclosing herewith Plaintiff's Specials regarding
the above matter. Once you have reviewed the enclosed documents, kindly call Mr. Bily
to discuss whether or not this matter can be resolved.
Very truly yours,
REIFF AND BILY
RAYMOND M. BILY
REIFF AND BILY
J7?Cfaavree?l4 ? ??,auindelaxd .allasu
1429 WALNUT STREET
12TH FLOOR
PHILADELPHIA, PA 19102-3218
RMB/ycd
Enclosures
r?l,Ld ,
???
2004 TEL NO: 237-7105 #8689 PRGE: E/2
15.25 JUL 19,
s-,
THOMAS, THOMAS &HAFER LLP
ATTORNEYS AT LAW
305 North Front Street, P.O. Box 999, Harrisburg, PA 17108
Phone: (717) 237-7100 Fax: (717) 237-7105
www.tthlaw.com
Stephen E. Geduldig, Esquire
(717) 237-7119
sgeduldig@tthlaw.com
July 19, 2004
Raymond M. Bily, Esquire
REIFF & BILY
1429 Walnut Street
1216 Floor
Philadelphia, Pennsylvania 19102
Re: Dunbar v Bland and Jet Joyner Express
Cumberland County No. 04-57
Dear Ray:
Via FAX
This will confirm your voice mail message of July 9, 2004, in which you graciously,
once again, agreed to extend the time within which we may plead to the Complaint. As I
o,eplninod t D. in ,-,-,y earlier nzeoonsc, yr ,.t Ueci? nbin to eobnblioh c..tnot "ith the
driver, and his lawyer will not return our calls.
3u Lbu PlaiuliffN are uuL tliNudvwiLagud by dlu uuuliuucd unlutlNiuu of Nudl t:uurluNich Lu
the defense, we will agree to extend the statute of limitations by the same period of time the
defense takes to plead from the date of your most recent extension, July 9, 2004.
Thank you again for your professional courtesy and patience. If I have misstated
anything, please let me know right away.
Very truly yours,
THOMAS, THOMAS & HAFER LLP
Stephen E. Geduldig
By:
Stephen E. Geduldig
SEG/tk 285889.4
Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702
Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407
ew?.,L y. ,
THOMAS, THOMAS & HAFER LLP
ATTORNEYS AT LAW
305 North Front Street, P.O. Box 999, Harrisburg, PA 17108
Phone: (717) 237-7100 Fax: (717) 237-7105
August 22, 2004
Raymond M. Bily, Esquire
REIFF & BILY
1429 Walnut Street
12th floor
Philadelphia, Pennsylvania 19102
Re: Dunbar v. Bland and Jet Joyner Express
Cumberland County No. 04-57
Dear Ray:
I have passed on your "policy limits" demand to the carrier.
We Will have a response for you in due course.
lei
www.tthlaw.com
Stephen E. Geduldig, Esquire
(717) 237-7119
sgeduldig@tthlaw.com
Please call in the meantime if you have any questions. Also, if you have documentation
which supports a "policy limits" demand, please send that to us for our consideration.
Very truly yours,
THOMAS, THOMAS & HAFER LLP
By: Ste n . Geduldig
SEG/tk 285889.9
Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702
Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407
_? ? :,?
yy )
REIFF AND BILY
OPFlCE ?////w ???/
O ?dA/I
BUCKS COUNTY
3325 Street Road 1429 WALNUT STREET
Suite 200 12TH FLOOR
Bensalem, PA 19020
PHILADELPHIA, PA 19102-3218
DAUPHIN Cou?y OFFICE
1101 North Front Street (215) 246-9000
Harrisburg, PA 17110 FAX (215) 246-9012
www.reifrandbily.com
JEFFREY M. REIFF EIN t123-2356667
RAYMOND M. BILY, JR.
November 6, 2004
Stephen E. Geduldig, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
RE: Dunbar vs. Bland, et al.
Dear Mr. Geduldigi
BERM CQt N= oPFICE
2640 Westview Drive
Wyomissing, PA 19610
Reply to Philadelphia Office
It has been some time since you have corresponded with us concerning your client.
Please inform us as to whether or not you have spoken to your client and are now in a
position to respond to Plaintiff's Complaint.
I look forward to hearing from you.
Very truly yours,
REIFF AND BILY
Yvonne C. Davis
Legal Assistant
/ycd
2?,- ?,? ?
THOMAS, THOMAS & HAFER LLP
ATTORNEYS AT LAW
305 North Front Street, P.O. Box 999, Harrisburg, PA 17108
Phone: (717) 237-7100 Fax: (717) 237-7105
February 15, 2005
Mr. Curt Long, Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
Re: Dunbar v. Bland and Neot 0_3n r E re"
Cumberland County
t d'
t 12
4ri
www.ttwaw.com
Stephanie L. Hersperger, Esquire
(717) 255-7239
shersperger@tthlaw.com
Dear Prothonotary Long: endan Enclosed for filing please find the Answer with New Matter of Deffn see is the Plaintiffs'
As you
Cert fica e of Service, all parties of record have been served.
Also enclosed please find a self-addressed stamped envelope to return a clocked-in
copy to me. Thank you for your cooperation.
Very truly yours,
THOMAS,_-&?ER, LLP
By:
Stephanie L. Hersperger
SH/aea 277218.2
Enclosures
cc: Raymond M. Bily, Esquire (with enclosure)
Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 Phone: (610) 868-1675 • Fax: (610) 868-1702
Stephen E. Geduldig, Esquire
Attorney I.D. No. 43530
Stephanie L. Hersperger, Esquire
Attorney I.D. No. 78735
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
Post Office Box 999
Harrisburg, Pennsylvania 17108-0999
(717) 237-7100
FAX (717) 237-7105
E-Mail: saeduldgjp co-m
DOUGLAS DUNBAR, and
BARBARA DUNBAR,
Plaintiffs
V.
BYRON THOMAS BLAND, and
JET JOYNER EXPRESS
TRUCKING, INC.,
nofonflan Y_S
Attorneys for Defendants:
BYRON THOMAS BLAND and JET JOYNER EXPRESS TRUCKING, INC.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
DOCKET NO. 04-57
JURY TRIAL DEMANDED
TO: Raymond M. Bily, Esquire
REIFF & BILY
1429 Walnut Street
12th Floor
Philadelphia, Pennsylvania 19102
You are hereby notified that you are required to respond to
the enclosed Answer with New Matter to Plaintiffs' Complaint
within twenty (20) days of service or judgment may be entered
against you.
THOMAS, THOMAS & HAFER, LLP
n r v
By
Ul E /
Ste hanie L. Hersperger, Sq;
Stephen E. Geduldig, Esquire
Attorney I.D. No. 43530
Stephanie L. Hersperger, Esquire
Attorney I.D. No. 78735
THOMAS, THOMAS 8, HAFER, LLP
305 North Front Street
Post Office Box 999
Harrisburg, Pennsylvania 17108-0999
(717) 237-7100
FAX (717) 237-7105
E-Mail: saeduldiaoo-nt
DOUGLAS DUNBAR, and
BARBARA DUNBAR,
Plaintiffs
V.
BYRON THOMAS BLAND, and
JET JOYNER EXPRESS
TRUCKING, INC.,
n?fanHants
Joyner Express Trucking, Inc.,
undersigned counsel, Stephen E
JURY TRIAL DEMANDED
("Defendants"), by and through
Geduldig, Esquire, of Thomas,
Thomas & Hafer, LLP, and file the following Answer and New
Matter to Plaintiffs' Amended Complaint:
COUNT ONE
DOUGLAS DUNBAR V- DEFENDANTS
1. Denied.
Attorneys for Defendants:
BYRON THOMAS BLAND and JET JOYNER EXPRESS TRUCKING, INC.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, CIVIL ACTION - LAW
DOCKET NO. 04-57
2. Admitted.
AND NOW, come Defendants, Byron Thomas Bland, and in,
WHEREFORE, Defendants respectfully requests that
Plaintiffs' Amended Complaint be dismissed in its entirety and
judgment entered in their favor.
NEW_ MATTER
19. Defendants, Byron Thomas Bland, and JET Joyner Express
as if f
Trucking, Inc., incorporate herein by reference, fully set
forth at length, Paragraphs 1 through 18 of their Answer to
Plaintiffs' Amended Complaint.
20. Some or all of Plaintiff's claims may be barred or
limited by application of the Pennsylvania Financial
Responsibility Act. ?Ir
21. Defendants at all times hereto were acting reasonably V
under the circumstances.
denied that any act or omission on
. It is specifically
22
the part of J.E.T. Joyner Express Trucking, Inc. caused or
contributed to any of Plaintiff's alleged injuries or damages.
23. Plaintiff may have failed to mitigate his injuries
and/or damages.
24. Defendants plead a credit for any medical expenses or ,
wage loss benefits which may have been advanced to the
Plaintiff.
4
THOMAS, THOMAS & HAFER LLP
ATTORNEYS AT LAW
305 North Front Street, P.O. Box 999, Harrisburg, PA 17108
Phone: (717) 237-7100 Fax: (717) 237-7105
February 15, 2005
Mr. Curt Long, Prothonotary
Cumberland County Courthouse
one courthouse Square
Carlisle, Pennsylvania 17013
Re: Dunbar v. Bland and jet Jo er ress
Cumberland County No. 04-57
t.
rr
www.tthlaw.con,
Stephanie L. Hersperger, Esquire
(717) 255-7239
s hersperg e r @ tthlaw.com
Dear Prothonotary Long:
Enclosed for filing please find the Answer with New Matter of Defendants see by the Plaintiffs'
Amended complaint with regard to the above-captioned case. As y
Certificate of Service, all parties of record have been served.
for find cooperation. sed stamped envelope to return a clocked-in your copy to me. You
Also ank enclosed please
Very truly yours,
THOMASC, THOMAS LLP
O°
By:
Stephanie L. Hersperger
SH/aea 277218.2
Enclosures
cc: Raymond M. Bily, Esquire (with enclosure)
PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702
Lehigh V alley Office: 3400 Bath Pike, Suite 302, Bethlehem,
Stephen E. Geduldig, Esquire
Attorney I.D. No. 43530
Stephanie L. Hersperger, Esquire
Attomey I.D. No. 78735
THOMAS, THOMAS & HAFER, LLP
305 NOW Front Street
Post Office Box 999
Harrisburg, Pennsylvania 17108-0999
(717) 237-7100
FAX (717) 237-7105
E-Mail: duldia
DOUGLAS DUNBAR, and
BARBARA DUNBAR,
Plaintiffs
V.
BYRON THOMAS BLAND, and
JET JOYNER EXPRESS
TRUCKING, INC., `^
Attorneys for Defendants:
BYRON THOMAS BLAND and JET JOYNER EXPRESS TRUCKING, INC.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
CIVIL ACTION - LAW
DOCKET NO. 04-57
JURY TRIAL DEMANDED
TO: Raymond M. Bily, Esquire
REIFF & BILY
1429 Walnut street
12th Floor lvania 19102
Philadelphia, Pennsy
d that you are required to respond to
you are hereby notifie
the enclosed Answer with New Matter to Plaintiffs' Complaint
(20) days of service or judgment may be entered
within twenty
against you.
THOMAS, THOMAS & HAFER, LLP
13Y` er, E9squ
Stedhanie L. Hersperg
Stephen E. Geduldig, Esquire
Attorney I.D. No. 43530
Stephanie L. Hersperger, Esquire
Attorney I.D. No. 78735
THOMAS, THOMAS & HAFER, LLP
305 NOW Front Street
Post Office Box 999
Harrisburg. Pennsylvania 17108-0999
(717) 237-7100
FAX (717) 237-7105
E-Mail: soeduldig?°O-m
DOUGLAS DUNBAR, and
BARBARA DUNBAR,
Plaintiffs
Attorneys for Defendants:
BYRON THOMAS BLAND and JET JOYNER EXPRESS TRUCKING, INC.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
CIVIL ACTION - LAW
DOCKET NO. 04-57
V.
AND NOW, come Defendants, Byron Thomas rsla„?, ?"
Trucking, Inc., ('Defendants"), by and through
Joyner Express
undersigned counsel, Stephen E. Geduldig, Esquire, of Thomas,
Thomas & Hafer, LLP, and file the following Answer and New
Matter to plaintiffs' Amended Complaint:
COUNT ONE
DOUGLAS DUNBAR v. DEFENDANTS
1. Denied.
2. Admitted.
BYRON THOMAS BLAND, and
JET JOYNER EXPRESS
TRUCKING, INC., JURY TRIAL DEMANDED
`--a
3. Denied. J.E.T. Joyner Express Trucking, Inc. 's
principal place of business is 506 East Booth Avenue, Searcy,
Arkansas. lace of business
4. Denied. J.E.T. has no office or p
within Pennsylvania.
5, Denied. J.E.T. has no office or place of business
within Pennsylvania.
J.E.T. did not own the equipment involved in
. Denied.
6
the accident which is the subject of the lawsuit.
7. Denied. as legal conclusions and pursuant to Pa.
R.C.P. 1029(e)-
B. Admitted.
9. Denied in part. Admitted in part. It is denied that
J.E.T. owned the equipment involved in the accident which is the
subject of the lawsuit. Admitted that the truck and trailer were
Thomas Bland, who was an independent contractor.
owned by Byron
10. Denied. J.E.T. did not own the equipment involved in
the accident which is the subject of the lawsuit. The truck and
trailer were owned by Byron Thomas Bland, who was an independent
contractor.
11. Admitted in part, denied in part. It is admitted that
Byron Thomas Bland acted within the course and scope of his
authority. It is denied that Byron Thomas Bland was employed by
J.E.T.
2
12. Denied. J.E.T. did not own the equipment involved in
the accident which is the subject of the lawsuit.
13. Admitted in part. Denied in part. It is admitted
that an accident occurred on January 9, 2002 on Interstate 81 in
Frederick County, Virginia. To the extent that paragraph 13 of
plaintiffs' Amended Complaint purports to aver additional facts
the same are denied pursuant to Pa. R.C.P. 1029(e)•
14(a-9) Denied as legal conclusions and pursuant to Pa.
R.C.P. 1029(e)• R,C.P.
15. Denied as legal conclusions and pursuant to Pa.
1029(e) pursuant to Pa. R.C.P.
16. Denied as legal conclusions and 1029(e).
WHEREFORE, Defendants respectfully requests that
Plaintiffs' Amended Complaint be dismissed in its entirety and
judgment entered in their favor.
COUNT TWO
BARBARA A. DUNBAR I• DEFENDANTS
uired as this is a paragraph of
17. No response is req
incorporation.
18. Denied as legal conclusions and pursuant to Pa. R.C.P.
1029(e).
3
WHEREFORE, Defendants respectfully requests that
Plaintiffs' Amended Complaint be dismissed in its entirety and
judgment entered in their favor
NEW MATTER
19. Defendants, Byron Thomas Bland, and JET Joyner Express
Trucking, Inc., incorporate herein by reference, as if fully set
forth at length, Paragraphs 1 through 18 of their Answer to
Plaintiffs' Amended Complaint.
20. Some or all of Plaintiff's claims may be barred or
limited by application of the Pennsylvania Financial
Responsibility Act.
21. Defendants at all times hereto were acting reasonably
under the circumstances.
22. It is specifically denied that any act or omission on
the part of J.E.T. Joyner Express Trucking, Inc. caused or
contributed to any of Plaintiff's alleged injuries or damages.
23. Plaintiff may have failed to mitigate his injuries
and/or damages.
24. Defendants plead a credit for any medical expenses or
wage loss benefits which may have been advanced to the
Plaintiff.
4
WHEREFORE, Defendants respectfully request that Plaintiffs'
Amended Complaint be dismissed in its entirety and judgment
entered in their favor.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
By:
STEPHEN E. GEDULDIG, ESQUIRE
Attorney I.D. No. 43530
STEPHANIE L. HERSPERGER, ESQUIRE
Attorney I.D. No. 78735
Attorneys for Defendants,
Byron Thomas Bland and J.E.T.
Joyner Express Trucking, Inc.
307775.2
5
VERIFICATION
I, I1 X? l { I f I I ?i? on behalf of JET Joyner
Express Trucking, Inc., hereby state and aver that the factual
statements contained in the foregoing Answer with New Matter to
Plaintiff's Second Amended Complaint are true and correct to the best
of my knowledge, information and belief.
This statement is made subject to the penalties of 18 Pa. C.S.A.
4904 relating to unsworn falsifications to authorities, which
provides that if I make knowingly false statements, I may be subject
to criminal penalties.
DATE: Llldoff
of JW JoynO4 Express Trucking, Inc.
I hereby certify
foregoing document was
United States Mail,
Pennsylvania, on the
counsel of record as fol
CERTIFICATE OF SERVICE
that a true and correct copy of the
served by depositing the same in the
postage prepaid, at Harrisburg,
/? day of February, 2005, on all
lows:
Raymond M. Bily, Esquire
REIFF & BILY
1429 Walnut Street
12th Floor
Philadelphia, Pennsylvania 19102
Attorneys for Plaintiffs
THOMAS, THOMAS & HAFER, LLP
277216.2
f r( n ?,I/ n?. ?
Ashleigh Anglem4yer ?J
CERTIFICATE OF SERVICE
I, Raymond M. Bily, Esquire, certify that a true and correct copy of Plaintiffs' Motion for
Status Conference was mailed this day via First Class United States postage paid mail to the
following party:
Stephanie L. Hersperger, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
REIFF AND BILY
By. '/ r r J
RA MOND M. BIL ESQUIRE
At ornev for Plaint ff
Date: February 20, 2006
A
L
i
RECENED MAR 0 6 20
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DOUGLAS M. DUNBAR and
BARBARA A. DUNBAR, b/w
Plaintiffs
VS. Docket No.: 04-87 Civil Term
BYRON THOMAS BLAND
and
JET JOYNER EXPRESS TRUCKING, INC.
Defendants
ORDER
AND NOW, this ? $ day of IM z c ? , 2006, upon consideration of Plaintiffs'
Mofion for Status Conference, it is hereby ORDERED and DECREED that Plaintiffs' Motion
is GRANTED and that a Status Conference shall be scheduled before this Court on the ?)31LW-
_Zday of 2006, ineenrhoom
BY THE COURT:
??
V\ `??pb
Cad
I
}'
f
DOUGLAS M. DUNBAR and
BARBARA A. DUNBAR, h/w,
Plaintiffs
v
BYRON THOMAS BLAND and
JET JOYNER EXPRESS
TRUCKING, INC.,
DEFENDANTS
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
04-87 CIVIL TERM
STATUS CONFERENCE
ORDER OF COURT
AND NOW, this 23rd day of March, 2006, upon
consideration of Plaintiffs' Motion for Status Conference, and
following a status conference held in the chambers of the
undersigned judge, in which Plaintiffs were represent by Raymond
M. Bily, Esquire, and Defendants were represented by Stephanie L.
Hersperger, Esquire, and pursuant to an agreement of counsel, it
is ordered and directed as follows:
1. With the exception of the exchange of expert
reports, discovery in this case shall be complete within 60 days
of the date of this order;
2. Within 85 days of the date of this order
Plaintiffs shall furnish to Defendants' counsel a copy of
Plaintiffs' expert report(s);
3. Within 100 days of the date of this order
Defendant shall furnish to Plaintiffs' counsel a copy of
Defendants' expert report(s); and
4. Within 115 days of the date of this order any
ddispository motion shall have been filed.
By the Court,
J. e ey Ole Jr., U.
'?
C+S
SJ-:
?!
.?.i ^-?-
-ILy.
Ctl'
ii -i.
r. __
i
Raymond M. Bily, Esquire
Reiff & Bily
1429 Walnut Street
12th Floor
Philadelphia, PA 19102
For Plaintiffs
Stephanie L. Hersperger, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
For Defendants
mae
Curtis R. Long
Prothonotary
office of the Protbonotarp
Curnberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
014 - 87 CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573