HomeMy WebLinkAbout13-1612 MAIR AM li 0
'.'UtIBERLANC CoUjN p(
Andrew C . Spears, Esquire PENNSYLVANIA
Attorney ID# 87737
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road, Suite 2
Harrisburg, PA 17110
Telephone: (717) 238 -2000 Attorney for Plaintiffs
Fax : (717) 233 -3029
E -mail: Spears @hhrlaw.com
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA /
No. 2013 U
Civil Action ( ) Law
Charles E. Fox and Kimberly Fox Frank Bailor
155 Whiskey Spring Road 300 E. Main Street
Dillsburg, PA 17019 New Bloomfield, PA 17608
versus Jay P. Bailor
c/o Forrest Park Health Center
700 Walnut Bottom Road
Carlisle, PA 17013
Plaintiffs and Address Defendants and Addresses
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue A Writ of Summons in the above - captioned action.
X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff
Andrew C. Spears, Esquire
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road, Suite 2 C",
Harrisburg, PA 17110 Signature of Attorney
(717) 238 -2000 Supreme Court ID No. 87737
Name /Address /Telephone No.
of Attorney Date: March 22, 2013
�S� 60
t
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFFS HAVE COMMENCED AN A ION
AGAINST YOU.
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Date:.. ` by
( ) Check here if reverse is used for additional information Deputy
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Andrew C. Spears
Attorney ID# 87737
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000 Attorney for Plaintiff(s)
Fax : (717) 233-3029
E-mail: Spears @hhrlaw.com
CHARLES E. & KIMBERLY FOX IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
V. NO. 2013-1612
CIVIL ACTION - LAW
FRANK BAILOR & JAY BAILOR
Defendant(s)
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint 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 fail to do
so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
Andrew C. Spears
Attorney ID#87737
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000 Attorney for Plaintiff(s)
Fax : (717) 233-3029
E-mail: Spears @hhrlaw.com .
CHARLES E. & KIMBERLY FOX IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
V. NO. 2013-1612
CIVIL ACTION - LAW
FRANK BAILOR & JAY BAILOR
Defendant(s)
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones.a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra
reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte
sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA
PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
Andrew C. Spears (PA 87737)
HANDLER,HENNING &ROSENBERG,LLP
1300 Linglestown Road, Suite 2
Harrisburg, PA 1.7110
Ph. 717.238.2000 Attorneys for Plaintiffs
Fax 717.233.3029
spears @hhrlaNv.com
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CHARLES E. FOX and
KIMBERLY FOX,
Plaintiffs, NO.: 2013-1612- CIVIL
V.
CIVIL ACTION—LAW
FRANK BAILOR and
JAY P. BAILOR
c/o Forest Park Health Center,
Defendants.
COMPLAINT
AND NOW come the Plaintiffs, Charles E. Fox ("Mr. Fox") and Kimberly Fox ("Mrs.
Fox"), by and through their attorneys, HANDLER,HENNING & ROSENBERG,LLP, by Andrew C.
Spears, Esq., and make the within Complaint against the Defendants, Frank Bailor and Jay P.
Bailor (collectively, "Defendants"), and aver as follows:
I. Mr. Fox is a competent adult individual and citizen of the Commonwealth of
Pennsylvania currently residing with his wife, Mrs. Fox, at 155 Whiskey Spring Road, Dillsburg,
York County, Pennsylvania.
2. Mrs. Fox is a competent adult individual and citizen of the Commonwealth of
Pennsylvania currently residing with her husband, Mr. Fox, at 155 Whiskey Spring Road,
Dillsburg, York County, Pennsylvania.
3. Defendant, Frank Bailor, is, upon information and belief, a competent adult
individual and citizen of the Commonwealth of Pennsylvania currently residing at 300 E. Main
Street,New Bloomfield, Perry County, Pennsylvania.
4. Defendant, Jay P. Bailor, is, upon information and belief, a competent adult
individual and citizen of the Commonwealth of Pennsylvania currently residing at 700 Walnut
Bottom Road, Carlisle, Cumberland County, Pennsylvania.
5. At all times material hereto, Mr. Fox was the owner and operator of a 2005
Suzuki Forenza (`'Plaintiffs' vehicle").
6. At all times material hereto, Defendant, Frank Bailor, owned and operated a 1993
Ford Tempo ("Defendants' vehicle").
7. In, the alternative, at all times material hereto, Defendant, Jay P. Bailor, owned
and operated Defendants' vehicle.
8. At all times material hereto, Mr. Fox was a named insured under an automobile
policy with Nationwide Insurance and was covered under the full tort option.
9. At all times material hereto, it was dark, raining and there were no adverse
roadway conditions.
2
10. On April 23, 2011, at approximately 10:02 p.m., Mr. Fox was lawfully traveling
southbound on State Route 34 in Cumberland County, South Middleton Township,
Pennsylvania.
11. At approximately the same time and place, Defendants were traveling northbound
on State Route 34 in Cumberland County, South Middletown Township, Pennsylvania.
12. Suddenly and without warning, Defendants' vehicle left its lane of travel and
crossed into the path of Plaintiffs'vehicle, and sideswiped the driver's side of Plaintiffs' vehicle.
13. As a result of the collision, Defendant, Frank Bailor, was subsequently charged
with driving on roadways laned for traffic, in violation of 75 Pa.C.S. § 3309.
14. As a direct and proximate result of Defendants' negligence, Mr. Fox has sustained
damages as set forth more specifically below.
COUNT I -NEGLIGENCE
Charles E. Fox v. Frank Bailor
15. All prior paragraphs are incorporated herein as if fully set forth below.
16. The aforementioned collision and the resultant injuries to Mr. Fox are the direct
and proximate result of Defendant, Frank Bailor's negligence, generally and more specifically as
set forth below:
a. In driving Defendants' vehicle in careless disregard for the safety
of persons or property, in violation of 75 Pa.C.S.,§ 3714;
b. In failing to maintain his lane of traffic, in violation of 75 Pa.C.S. §
3309;
C. In failing to exercise reasonable care in the operation and control
of Defendants' vehicle, in violation of 75 Pa.C.S. §3714;
3
d. In disregarding the speed of vehicles, the condition of the highway,
and the traffic upon the highway, in violation of 75 Pa.C.S. § 3361;
e. In failing to keep a reasonable lookout for vehicles lawfully
traveling in the southbound travel lanes of State Route 34;
f. In failing to be reasonably vigilant to observe Plaintiffs' vehicle
lawfully upon the roadway;
g. In failing to be continuously alert, failing to perceive any warning
of danger that was reasonably likely to exist, and failing to have
his vehicle under such control that injury to persons or property
could be avoided.
17. As a direct and proximate result of Defendant, Frank Bailor's negligence, Mr. Fox
has:
a. Suffered extensive personal injuries including, but not limited to,
injuries to his neck, upper back, and left shoulder, and has
experienced severe headaches and numbness and tingling into his
left hand;
b. Suffered physical pain, discomfort, and mental anguish, and he
will continue to endure the same for an indefinite period of time in
the future, to his physical, emotional, and financial detriment and
loss;
C. Suffered a loss of wages and/or earning capacity;
d. Been compelled, in order to effect a cure for the aforesaid injuries,
to expend sums of money for medicine and/or medical attention,
4
and will be required to expend more for the same purposes in the
future, to his detriment and loss;
e. Suffered a loss of life's pleasures, and he will continue to suffer
the same in the future, to his detriment and loss; and
f. Been, and in the future will continue to be, hindered from
attending to his daily duties and chores, to his detriment, loss,
humiliation, and embarrassment.
WHEREFORE, Plaintiff, Charles E. Fox, seeks damages from Defendant, Frank Bailor, in
an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of
interests and costs.
COUNT I1-NEGLIGENCE
Charles E. Fox v. Jay P. Bailor
18. All prior paragraphs are incorporated herein as if fully set forth below.
19. In the alternative, the aforementioned collision and the resultant injuries to Mr.
Fox are the direct and proximate result of Defendant, Jay P. Bailor's negligence, generally and
more specifically as set.forth below:
a. In driving Defendants' vehicle in careless disregard for the safety
of persons or property, in violation of 75 Pa.C.S. § 3714;
b. In failing to maintain his lane of traffic, in violation of 75 Pa.C.S. §
3309;
C. In failing to exercise reasonable care in the operation and control
of Defendants' vehicle, in violation of 75 Pa.C.S. § 3714;
d. In disregarding the speed of vehicles, the condition of the highway,
and the traffic upon the highway, in violation of 75 Pa.C.S. § 3361;
5
e. In failing to keep a reasonable lookout for vehicles lawfully
traveling in the southbound travel lanes of State Route 34;
f. In failing to be reasonably vigilant to observe Plaintiffs' vehicle
lawfully upon the roadway;
g. In failing to be continuously alert, failing to perceive any warning
of danger that was reasonably,likely to exist, and failing to have
his vehicle under such control that injury to persons or property
could be avoided.
20. As a direct and proximate result of Defendant Jay P. Bailor's negligence, Mr. Fox
has:
a. Suffered extensive personal injuries including, but not limited to,
injuries to his neck, upper back, and left shoulder, and has
experienced severe headaches and numbness and tingling into his
left hand;
b. Suffered physical pain, discomfort, and mental anguish, and he
will continue to endure the same for an indefinite period of time in
the future, to his physical, emotional, and financial detriment and
loss;
C. Suffered a loss of wages and/or earning capacity;
d. Been compelled, in order to effect a cure for the aforesaid injuries,
to expend sums of money for medicine and/or medical attention,
and will be required to expend more for the same purposes in the
future, to his detriment and loss;
6
e. Suffered a loss of life's pleasures, and he will continue to suffer
the same in the future, to his detriment and loss; and
f. Been, and in the future will continue to be, hindered from
attending to his daily duties, to his detriment, loss, humiliation, and
embarrassment.
WHEREFORE, Plaintiff, Charles E. Fox, seeks damages from Defendant, Jay P. Bailor, in
an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of
interests and costs.
COUNT III - LOSS OF CONSORTIUM
Kimberly Fox v. Frank Bailor & Jay P. Bailor
21. All prior paragraphs are incorporated herein as if fully set forth below.
22. At all times material hereto, Mr. and Mrs. Fox were married as husband and wife.
23. As a result of Defendants' negligence, Mrs. Fox has suffered a loss of consortium,
society, and comfort from her husband, Mr. Fox, and she will continue to suffer a similar loss in
the future.
24. As a result of Defendants' negligence, Mrs. Fox has been compelled, in order to
effect a cure for her husband's injuries, to spend money for medicine and medical attention and
will be required to spend money for the same purposes in the future, to her detriment and loss.
7
WHEREFORE, Plaintiff, Kimberly Fox, seeks damages from Defendants, Frank Bailor
and Jay P. Bailor, in excess of the compulsory arbitration limits of Cumberland County.
Respectfully submitted,
HANDLER,HENNING &ROSENBERG,LLP
Date: Dec. , 2013 By: C r�!!'
Andrew C. pears A 87737)
Attorneys for Plaintiffs,
Charles and Kimberly Fox
8
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document are based upon
information which has been furnished to counsel by me and information which has been
gathered by counsel in the preparation of this lawsuit. The language of the document is of
counsel and not my own. I have read the document and to the extent that it is based upon
information which I have given to counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the contents of the document are that of counsel, I
have relied upon my counsel in making this Verification. The undersigned also understands
that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unsworn falsification to authorities.
Date: 3
-V14,4
Charle E. Fox
v.
K' erlyfox
Andrew C. Spear's
Attorney ID# 87737
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000 Attorney for Plaintiff(s)
Fax : (717) 233-3029
E-mail: Spears@hhriaw.com
CHARLES E. & KIMBERLY FOX IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
NO. 2013-1612
FRANK BAILOR &JAY BAILOR
CIVIL ACTION - LAW
Defendant(s)
CERTIFICATE OF SERVICE
On December 17, 2013 1 hereby certify that a true and correct copy of Plaintiff's
Complaint was served upon the following by depositing same in the United States Mail, in
Harrisburg, Pennsylvania:
Frank Bailor
300 E. Main Street
New Bloomfield, PA 17608
Jay Bailor
c/o Forrest Park Health Center
700 Walnut Bottom Road
Carlisle, PA 17013
HANDLER, NNING & ROSENBERG, LLP
Dated:
� �� Andrew C. ears
CHARLES E. & KIMBERLY FOX, : IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
FRANK BAILOR&JAY BAILOR No. 2013-1612
Defendants CIVIL ACTION - LAW C-) o
- .; -.
=m X0
co c
NOTICE :x ' !
You have been sued in court. If you wish to defend against the claims sAI h
the following pages, you must take action within twenty (20) days after this answerdvitl'°
new matter and notice are served, by entering a written appearance personally or by
attorney and filing a writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the
plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
CHARLES E. & KIMBERLY FOX, : IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
FRANK BAILOR&JAY BAILOR No. 2013-1612
Defendants CIVIL ACTION - LAW
AVISO
USTED HA SIDO DEMANDADO EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las segulentes paginas, debe tomar accion
dentro de los proximos veinte (20)dias despues de la notificacion de esta Demanda y
Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y
radicando en la Corte por escrito sus defenses de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede procder sin usted y un fallo por cualquier
suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso
adicional. Usted puede perder dinero o propeidad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A
LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION
A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO,
ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO
A PERSONAS QUE CALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
CHARLES E. & KIMBERLY FOX, : IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
FRANK BAILOR&JAY BAILOR No. 2013-1612
Defendants CIVIL ACTION - LAW
ANSWER
AND NOW comes Defendant, Jay Bailor and states the following in response to the
Complaint:
1. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments
contained in paragraph one(1) of the Plaintiffs' Complaint so they are
therefore specifically denied and strict proof thereof is demanded at trial.
2. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments
contained in paragraph two (2) of the Plaintiffs' Complaint so they are
therefore specifically denied and strict proof thereof is demanded at trial.
3. Admitted
4. The averments of fact in paragraph four(4)are denied as stated. It is admitted
that Defendant, Jay P. Bailor, is a competent adult individual and citizen of
the Commonwealth of Pennsylvania. It is denied that he is currently residing
at 700 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. By
way of further answer, Defendant, Jay P. Bailor is currently residing at 300 E.
Main Street,New Bloomfield, Perry County, Pennsylvania.
5. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments
contained in paragraph five(5) of the Plaintiffs' Complaint so they are
therefore specifically denied and strict proof thereof is demanded at trial.
6. The averments contained in paragraph six (6) are conclusions of law to which
no response is required. By way of further answer, any inference by Plaintiffs
that Defendant, Frank Bailor, owned and operated a 1993 Ford Tempo is
specifically denied and strict proof thereof is demanded at trial.
7. The averments contained in paragraph seven (7) are conclusions of law to
which no response is required. By way of further answer, Defendant,Jay P.
Bailor does not and did not own or operate a 1993 Ford Tempo at any times
material hereto.
8. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments
contained in paragraph eight(8) of the Plaintiffs' Complaint so they are
therefore specifically denied and strict proof thereof is demanded at trial.
9. The averments contained in paragraph nine (9) are conclusions of law to
which no response is required. By way of further answer, after reasonable
investigation, Defendant is unable to ascertain as to the mind set of Plaintiffs'
inference that there were no adverse roadway conditions and it is therefore
specifically denied and strict proof thereof is demanded at trial.
10. The averments contained in paragraph ten(10) are conclusions of law to
which no response is required. By way of further answer, any inference by
Plaintiffs that Plaintiffs were lawfully traveling southbound on State Route 34
in Cumberland County, South Middleton, Township, Pennsylvania is
specifically denied and strict proof thereof is demanded at trial.
11. The averments contained in paragraph eleven(11) are denied as stated. It is
admitted that Defendant,Jay P. Bailor,was a passenger in a vehicle traveling
northbound on State Route 34 in Cumberland County, South Middletown
Township, Pennsylvania on April 23, 2011. By way of further answer, after
reasonable investigation, Defendant, Jay P. Bailor is without knowledge or
information sufficient to form a belief as to the truth of the averments as to
time of the travel so they are therefore specifically denied and strict proof
thereof is demanded at trial.
12. The averments contained in paragraph twelve (12) are conclusions of law to
which no response is required. By way of further answer, after reasonable
investigation, Defendant, Jay P. Bailor is without knowledge or information
sufficient to form a belief as to the truth of the averments contained in
paragraph twelve (12) so they are therefore specifically denied and strict proof
thereof is demanded at trial.
13. The averments contained in paragraph thirteen(13)are conclusions of law to
which no response is required. By way of further answer, after reasonable
investigation, Defendant, Jay P. Bailor is without knowledge or information
sufficient to form a belief as to the truth of the averments contained in
paragraph thirteen (13) so they are therefore specifically denied and strict
proof thereof is demanded at trial.
14. The averments contained in paragraph fourteen(14) are conclusions of law to
which no response is required. By way of further answer, after reasonable
investigation, Defendant, Jay P. Bailor is without knowledge or information
sufficient to form a belief as to the truth of the averments as set forth in
paragraph fourteen(14) so they are therefore specifically denied and strict
proof thereof is demanded at trial. Furthermore, it is specifically stated that
Jay P. Bailor is not and was not the owner of nor did he operate a vehicle at all
material times.
15. All prior answers are incorporated herein as if fully set forth below.
16. The averments contained in paragraph sixteen(16)are conclusions of law to
which no response is required. By way of further answer, after reasonable
investigation, Defendant, Jay P. Bailor is without knowledge or information
sufficient to form a belief as to the truth of the averments contained in
paragraph sixteen(16) so they are therefore specifically denied and strict
proof thereof is demanded at trial.
17. The averments contained in paragraph seventeen(17) are conclusions of law
to which no response is required. By way of further answer, after reasonable
investigation, Defendant, Jay P. Bailor is without knowledge or information
sufficient to form a belief as to the truth of the averments contained in
paragraph seventeen(17) so they are therefore specifically denied and strict
proof thereof is demanded at trial.
18. All prior answers are incorporated herein as if fully set forth below.
19. The averments contained in paragraph nineteen (19)are conclusions of law to
which no response is required. By way of further answer, Defendant, Jay P.
Bailor at no time owned or operated a vehicle at the material times hereto.
Additionally, after reasonable investigation, Defendant, Jay P. Bailor is
without knowledge or information sufficient to form a belief as to the truth of
the averments contained in paragraph nineteen(19) so they are therefore
specifically denied and strict proof thereof is demanded at trial.
20. The averments contained in paragraph twenty(20) are conclusions of law to
which no response is required. By way of further answer, Defendant, Jay P.
Bailor at no time owned or operated a vehicle at the material times hereto.
Additionally, after reasonable investigation, Defendant, Jay P. Bailor is
without knowledge or information sufficient to form a belief as to the truth of
the averments contained in paragraph twenty(20) so they are therefore
specifically denied and strict proof thereof is demanded at trial.
21. All prior paragraphs are incorporated herein as if fully set forth below.
22. The averments contained in paragraph twenty-two (22)are conclusions of law
to which no response is required. By way of further answer, Jay P. Bailor is
without knowledge or information sufficient to form a belief as to the truth of
the averments contained in paragraph twenty-two (22) so they are therefore
specifically denied and strict proof thereof is demanded at trial.
23. The averments contained in paragraph twenty-three(23) are conclusions of
law to which no response is required. By way of further answer,Jay P. Bailor
is without knowledge or information sufficient to form a belief as to the truth
of the averments contained in paragraph twenty-three (23) so they are
therefore specifically denied and strict proof thereof is demanded at trial.
24. The averments contained in paragraph twenty-four(24)are conclusions of law
to which no response is required. By way of further answer, Jay P. Bailor is
without knowledge or information sufficient to form a belief as to the truth of
the averments contained in paragraph twenty-four(24) so they are therefore
specifically denied and strict proof thereof is demanded at trial.
WHEREFORE, Defendant, Jay P. Bailor,respectfully requests that this Honorable Court
enter a judgment in his favor and against Plaintiffs in this matter, and such other and
further relief as this Court deems just.
NEW MATTER
25. All prior paragraphs are incorporated herein as if fully set forth below.
26. Defendant asserts the affirmative defense of Statute of Limitations. The
alleged date of the incident is April 23,2011 and the complaint was filed on
December 19, 2013 and served on Defendant in January,2014,more than two
years after the alleged accident occurred.
27. A Writ of Summons was filed in this case on March 26, 2013, but was never
served on Defendant prior to the running of the statute of limitations of two
years.
WHEREFORE, Defendant,Jay P. Bailor, respectfully requests that this Honorable Court
dismiss this Complaint for failure to file the complaint and or writ of summons and serve
it upon Defendant within the period allowed by the Statute of Limitations.
Respectfully submitted,
Dated January 28, 2014
Jay Bail
Defendant
CHARLES E. &KIMBERLY FOX, : IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
FRANK BAILOR&JAY BAILOR No. 2013-1612
Defendants CIVIL ACTION- LAW
VERIFICATION
The undersigned hereby verifies and states that the facts set forth in the foregoing
pleading are true and correct to the best of my information, knowledge and belief I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. Section 4904 relating to unworn verification to authorities.
Date:
Ja . B ilor
CHARLES E. &KIMBERLY FOX, : IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
FRANK BAILOR&JAY BAILOR No. 2013-1612
Defendants CIVIL ACTION - LAW
Certificate of Service
CERTIFICATE OF SERVICE
AND NOW,this :� v_, day of 2014, I,Jay P. Bailor, Defendant,
hereby certify that I have this day served the following person with a copy of the
foregoing Complaint,by depositing same in the United States Mail, First Class Mail,
Postage Prepaid, addressed as follows:
Andrew C. Spears
Handler, Henning&Rosenburg, LLP
300 Linglestown Road
Harrisburg,PA 17110
Dated: —2 - \`I CU
Jay P. Bailor
Andrew C. Spears (PA 87737)
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road, Suite 2
Harrisburg, PA 17110
Ph. 717.238.2000 Attorneys for Plaintiffs
Fax 717.233.3029
spears @hhrlaw.com
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CHARLES E. FOX and
KIMBERLY FOX,
Plaintiffs,
v.
FRANK BAILOR and
JAY P. BAILOR
c/o Forest Park Health Center,
Defendants.
NO.: 2013 -1612- CIVIL
CIVIL ACTION — LAW
Pr 17 Pr1 1:
PENN, S 3,1 :. la�ti'` r
PLAINTIFFS' REPLY TO DEFENDANT, JAY P. BAILOR'S NEW MATTER
AND NOW, comes the Plaintiffs, Charles E. Fox and Kimberly Fox, by and through their
attorney, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and responds to
the Defendant, Jay P. Bailor's allegations of New Matter as follows:
25. The averments of this paragraph constitute an incorporation paragraph to which
no response is required. If a response is required any and all allegations and /or insinuations of
wrongdoing on part of Plaintiffs are hereby denied.
26. The averments of this paragraph constitute an incorporation paragraph to which
no response is required. If a response is required any and all allegations and /or insinuations of
wrongdoing on part of Plaintiffs are hereby denied. By way of further response, a Writ of
Summons was filed on March 26, 2013, well within the applicable Statute of Limitations.
27. The averments of this paragraph constitute an incorporation paragraph to which
no response is required. If a response is required any and all allegations and /or insinuations of
wrongdoing on part of Plaintiffs are hereby denied. By way of further response, a Writ of
Summons was filed on March 26, 2013, well within the applicable Statute of Limitations.
WHEREFORE, Plaintiffs respectfully request that this Honorable Court dismiss Defendant
Jay P. Bailor's New Matter, enter judgment in their favor and enter such other Orders that are
equitable and just.
Respectfully submitted,
HANDLER, HENNING & ROSENBERG, LLP
By:
Andrew C. Spears, Esquire
Supreme Court ID #206214
1300 Linglestown Road - Suite 2
Harrisburg, PA 17110
717.238 -2000
spears@hhrlaw.com
VERIFICATION
PURSUANT TO PA R.C.P. NO. 1024 (c)
Andrew C. Spears, Esquire, states that he is the attorney for the party filing the
foregoing document; that he makes this affidavit as an attorney, because the party he
represents lacks sufficient knowledge or information upon which to make a verification
and /or because he has greater personal knowledge of the information and belief than
that of the party for whom he makes this affidavit; and that he has sufficient knowledge
or information and belief, based upon his investigation of the matters averred or denied
in the foregoing document; and that this statement is made subject to the penalties of
18 Pa C.S. §4904 relating to unsworn falsification to authorities.
P
Andrew C. Spears, Esquire
Date: 4/15/2014
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CHARLES E. FOX and
KIMBERLY FOX,
Plaintiffs,
v.
FRANK BAILOR and
JAY P. BAILOR
c/o Forest Park Health Center,
Defendants.
NO.: 2013 -1612- CIVIL
CIVIL ACTION — LAW
CERTIFICATE OF SERVICE
On the 15th of April 2014, I hereby certify that a true and correct copy of Plaintiffs' Reply
to New Matter was served upon the following by depositing in U.S. Mail:
Jay P. Bailor
c/o Forest Park Health Center
700 Walnut Bottom Road
Carlisle, PA 17013
HANDLER, HENNING & ROSENBERG, LLP
By:
Andrew . Spears, Esquire
Supreme Court ID #206214
1
Andrew C. Spears, Esquire
ID No.: 87737
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road, Suite 2
Harrisburg, PA 17110
Telephone: (717) 238-2000
Fax : (717) 233-3029
E-mail: Spears@hhrlaw.com
I i fE
t 11` Ft J1'0 flu
20+4 HAY -2 Pti 1: 2
CUMBERL
PENNS Y� ND
NIAiT ,
Attorney for Plaintiffs
CHARLES E. & KIMBERLY FOX,
v.
FRANK BAILOR & JAY BAILOR,
Plaintiffs
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2013-1612
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please reinstate Plaintiffs' Complaint in the above -referenced matter and forward to the Sheriff for
service upon Defendant, Frank Bailor.
Date: May 1, 2014
BY:
Respectfully submitted,
HANDLER HENNING & ROSENBERG, LLP
Andrew C. Spears, quire
I.D. No.: 87737
Attorney for Plaintiffs
_ID
oudsii74-11/al-
CO-# 3&2/9
30S20
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY tt((++
j'
THE
PROTHONOTARY
2Bill ll Y 14 PH 3. 10
CUMBERLAND COUNTY
.F THE;$ F;1 PENNS•YLVANIA
Charles E Fox (et al.)
vs.
Frank Bailor
Case Number
2013-1612
SHERIFF'S RETURN OF SERVICE
05/05/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Frank Bailor, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within
Complaint & Notice according to law.
05/07/2014 08:42 AM - The requested Complaint & Notice served by the Sheriff of Perry County upon Frank Bailor,
personally, at 300 E. Main Street, New Bloomfield, PA 17068. Carl E. Nace, Sheriff, Return of Service
attached to and made part of the within record.
SHERIFF COST: $37.00 SO ANSWERS,
May 08, 2014 RONPTY R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft, c.
Charles E. Fox and
Kimberly Fox
Versus
Frank Bailor
IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA,
PERRY COUNTY BRANCH
No. 2013-1612 Cumberland Co.
SHERIFF'S RETURN
And now May 7 , 2014: Served the within name Frank Bailor
the defendant(s) named herin, personally at his place of residence in Bloomfield Boro-300
E. Main
St.NewBloomfield, PA
Perry County, PA, on May 7 , 2014 at 8:42 o'clock AM
by handing to Jay Bailor, Def. Brother, PIC
copy(ies) of the within Complaint
and made known to him the contents thereof
Sworn and subscribed to before me this 7411
day of /l1GUJ� ,c9 -01y
V-(VIX, 1aLfr
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARGARET F. FLICKINGER, Notary Public
Bloomfield Boro, Perry County
My Comriiission Expires February 16, 2016
1 true and attested
So answers
Perry County
Andrew C. Spears
Attorney ID# 87737
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000
Fax : (717) 233-3029
E-mail: Spears@hhrlaw.com
e't ,
I:
CUlif?r.
'(!
Attorney for Plaintiff(s)!/
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHARLES E. & KIMBERLY FOX,
Plaintiff(s)
V.
FRANK BAILOR & JAY BAILOR,
Defendant(s)
Dated:
2013-1612
Civil Action - Law
PRAECIPE
Please mark the above captioned matter settled and discontinued.
HANDLER HENNING & ROSENBERG LLP
Andrew C. 'ears