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Home My WebLink About07-7372DION, ROSENAU, SMITH, MENSZAK & AARON BY: DOUGLAS G. AARON, ESQUIRE ATTORNEY I.D.: 54058 Attorney for Plaintiff SUITE 900 -1628 JFK BOULEVARD PHILADELPHIA, PA 19103 TELEPHONE: (215) 561 7000 GARDNER GLASS PRODUCTS, INC. 600 Elkin Highway, North Wilkesboro, NC 28659 VS. J. B. HUNT TRANSPORT, INC. P. O. Box 598, Lowell, AR 72745 AJAK AJANG C/O P. O. Box 598, Lowell, AR 72745 CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 07 - 73'1a Ci v? l ??.rM COMPLAINT IN CIVIL ACTION 2V- Motor Vehicle Accident 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. 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. AVISO La han demandado a usted en la corte. Si usted quiere defenderse de estas de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de es demanda y la notiBcaci6n. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte 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 demande en contra suya sin previo aviso o notificacidn. Ademas, la corte puedo decidir a favor del demandantes y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechas importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERENCE SERVICE Cumberland County Courthouse, 4`h Floor Carlisle, PA 17013 Telephone: 717-240-6200 ASOCIACION DE LICENCIADOS DE CUMBERLAND SERVICIO DE REFERENCIA E INFORMACION LEGAL Cumberland County Courthouse, 4th Floor Carlisle, PA 17013 Telephone: 717-240-6200 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. DION, ROSENAU, SMITH, MENSZAK & AARON BY: DOUGLAS G. AARON, ESQUIRE ATTORNEY I.D.: 54058 Attorney for Plaintiff SUITE 900 -1628 JFK BOULEVARD PHILADELPHIA, PA 19103 TELEPHONE: (215) 561 7000 GARDNER GLASS PRODUCTS, INC. : CUMBERLAND COUNTY 600 Elkin Highway, North Wilkesboro, NC 28659 : COURT OF COMMON PLEAS VS. J. B. HUNT TRANSPORT, INC. P. O. Box 598, Lowell, AR 72745 AJAK AJANG : C/O P. O. Box 598, Lowell, AR 72745 NO.. COMPLAINT IN CIVIL ACTION 2V - Motor Vehicle Accident 1. Plaintiff, Gardner Glass Products, Inc., is a corporation licensed to do business in the Commonwealth of Pennsylvania with its principal place of business at the above- captioned address. . 2. Defendant, J. B. Hunt Transport, Inc., is a corporation licensed to do business in the Commonwealth of Pennsylvania with its principal place of business at the above- captioned address. 3. Defendant, Ajak Ajang, is an adult individual with his principal place of employment at the at the above-captioned address. 4. On or about April 30, 2007, plaintiff, was the owner of a motor vehicle which was being lawfully operated at or near 400 Park Drive, South Middleton Township, Cumberland County, Pennsylvania, when a motor vehicle owned and negligently, carelessly and recklessly operated by defendants caused a motor vehicle accident, causing plaintiff to sustain property damages, rental expenses and other out of pocket expenses more particularly hereinafter set forth. 5. At all times material hereto, defendants were acting in an agency relationship with one another. i 6. The aforesaid collision was caused solely as a result of the defendants' negligence, carelessness and recklessness in that the defendants: a. failed to maintain a proper lookout; b. failed to yield the right of way; c. failed to keep an assured clear distance; d. failed to obey the rules of the road; e. failed to operate their vehicle at a reasonable rate of speed under the circumstances; f. failed to properly apply their brakes; g. failed to maintain control of their vehicle at all times material hereto; h. negligently entrusted their vehicle to an individual who they knew or should have known was incompetent to operate said vehicle; i. were otherwise negligent, careless and reckless. 7. Solely as a result of the defendants' negligence, carelessness and recklessness, plaintiff sustained property damages and other out of pocket expenses in the amount of $15,954.18 for which payment is demanded of the defendants herein jointly and severally. A true and correct copy of the loss documentation is attached hereto as Exhibit A. WHEREFORE, plaintiff demands judgment of the defendants, herein jointly and severally, in the amount of $15,954.18 together with interest, costs and fees. DION, ROSHIAU, AI, Pd*NSZAK & AARON BY: DOUGLAS . Attorney for 1 ntiff(s) I VERIFICATION I, DOUGLAS G. AARON, ESQUIRE, verify that the Statements made in the Plaintiff's Complaint in Civil Action, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 PA. C.S. Section §4904 relating to unsworn falsifications to authorities. DION, ROSEN*U-?,SA1IWJANSZAK & AARON BY: v v DOUGLAS G. ON, E QUIRE Attorney for Pl ' tiff(s) • 7 /6;'2007 I -illy J. B. I Iunt `Fransport t'orporate Safety P.(). Box 598 lowell 1K 72-1745 Rct rence: l ernp accident # 583479 10715937 t5l GARDNER PO Box 1570 600 Elkin Hwy N. Wilkesboro, NC 28659-7267 8001-334-72617 fax 336/667-0185 :Attached are pheitos cif our damaged trailer along with the repair invoice, This document does not include the cost to (Jardner Class for the lass of a hackhaul, to transport the damaged trailer frOM l':1 to TNN. loose the use of the trailer from May the first until July the l 3ti', and to pick the miiPt;j up in Knoxville. Tennessee and tiring it to Wilkeslx:aro North Carolina. AIS?.inc.'luded ,ere the supporting documents l:rorn it J.B. tlunt driver and M. Chandra Ravina. yourgnsurance adjusltr that was on site in Carlisle. t:1ur.VIial:r repairs: $10.778.80 1 o% (3t.backhaul $ 600.00 LOSS W use: 1;10 mks) lease: rate fixed only $ 3,230.08 A&Tision wages, &I fuel to ii),ove trailer to 'rrl. Spec. $ 484.30 Dri% gr;'tractor%tiie l to deliver/pickup 574 mi X 1.50 `S 1161, 0 0*0000 $15.954,18 Please do not hesitate to contact me should you have any questions. 336.1151-91111 hharbour cr. s2arclner l<iss.com 5incereh. Dir. l IR!Satety 4A)"istics cc: N-1r. Joah Cotton. First Security Company, inc. Mr. Randy Brcx)ks, ('()o 1r. David Farnore, GCiP _.. ('eantrollCr Trailer Specialists Inc. "?"'? of K.nozville `?/ a 877-540-9925 Name 1 Address Carctner Cr1ax? PO Box 1570 N-Wilkesbure, NC 28&;g Attn: Karvev Harbour Quotation Date Ouctatio... 6113(2007 611 P.O. No. Terms VIN# Net 38 Description Parts Parts Parts Parts Parts Parts Shop Materi... Labor Replace;ncnt Tit Fab 4W Tarp Intermediate Bows Risers Riser Inserts Side Rail Rolling Track Ti! Fab 3" Wheels Shop Supplies Crew Hour Labor to Remove, Rebuild, arW Replace Accident Damaged Tit Fab Tarping Stem ow 1 4 4 8 9b 1b 1 16 Cost 3.M)l'1.Oti 700.00 72.00 12.35 18..00 113.00 140.00 96.00 Total 3.90.00 2.800.00 $13..11D 95.80 1,728.00 288.101 140.00 00 Subtotal $111,778.(116 P.U. Box 2+6014 KYKM-%ille, To 37912 Sales Tax (0.0%) WE LOOK FQ?RWARD TO DOING BUSINESS WITH YOU! $0.00 l "foul $10,778.80 b -t- 7 GAPD?Ep 36) c 331 a-o444?,P Y4" levL a- -4-4V •t gu t .. ? = L t?5"7 4 5 I?^f)>[? ?M1 J ? AJ K ! ?'.] ^ I? "'V T ?1Sri.? ?'"f/JS?TJ 1 ?!•?? faK?'•L+T.'??1e?W.^V __'-I -'? t?r+?s-?G?C. u?.. ?? ?,•+-tr?t.t' ?^^E-f -i?y +..6e- ?14 ?ka.?..?.: ? y;?•t?t'? r,?? .. 7 ,f '7 ?? JL-i??.?(']' LW?j "}?? ?_,?"?'yy?- C4.?. ? GE+-'?1- L""'r ??".??{ 7'??1 ? / ? t.-) f ?? i.J 1? ,.lyi? '"?./?"? i.'"? ? ? ??•tTMh,y` ????+?"'1.? CAS, 4 ?''"'.? -r1.., rv 00 77 5` 00 jy RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Heather E. Klebe Identification No.: 201310 240 N. 3`a Street, 9" Floor Payne Shoemaker Buildings Harrisburg, PA 17101 -------------------------------------------------- GARDNER GLASS PRODUCTS, INC., Plaintiff, V. J.B. HUNT TRANSPORT, INC., and AJAK AJANG, Defendants. TO THE PROTHONOTARY: Kindly enter our appearance on the above-referenced matter. Date: 101or Attorneys for Defendant, J.B. Hunt Transport, Inc. -- ---------------------------------------------- COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 07-7372 of defendant, J.B. Hunt Transport, Inc. in RAWLE & HEND LLP i By: ary N. Stewart Heather E. Klebe Atorneys for Defendant, JB. Hunt Transport, Inc. 2246271-1 CERTIFICATE Of SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing entry of appearance was served by first-class mail postage prepaid, upon all attorneys of record, addressed as follows: Douglas G. Aar n, Esquire Dion, Rosenau, Smith, anszak & Aaron Suite 900 -162 JFK Blvd. Philadelphia, A 19103 .WLE & LLP N. Stewart C Dated: Heather E. Klebe Atorneys for Defendant, JB. Hunt Transport, Inc. 2246271-1 71 cn L ?i TO THE WITHIN NAMED PARTIES: You are hereby notified to plead to the enclosed ANSWER WITH NEW MATTER, within twenty (20) days from the date of service hereof or default judgment will be against you. RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Heather E. Klebe Identification No.: 201310 240 N. 3rd Street, 9t` Floor Payne Shoemaker Buildings Harrisburg, PA 17101 GARDNER GLASS PRODUCTS, INC., Plaintiff, RA Gaff N. Stewart Attorneys for Defendant, J.B. Hunt Transport, Inc. Attorneys for Defendant, J.B. Hunt Transport, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION V. J.B. HUNT TRANSPORT, INC., and AJAK AJANG, NO.: 07-7372 Defendants. ANSWER WITH NEW MATTER Defendant, J.B. Hunt Transport, Inc., by and through its attorneys, Rawle & Henderson LLP, answers plaintiff s Complaint as follows: COUNTI 1. Denied. Answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments contained in paragraph 1 of the Complaint, and therefore, said averments are denied. 2. Admitted in part; denied in part. Answering defendant admits only that J.B. Hunt Transport, Inc. is a corporation with its principal place of business located in Lowell, Arkansas, 2237870-1 J and it has done business in the Commonwealth of Pennsylvania. The remaining averments contained in paragraph 2 of the Complaint are denied. By way of further answer, paragraph 2 of the Complaint contains a conclusion of law to which no responsive pleading is required. 3. Admitted in part; denied in part. Answering defendant admits only that Ajak Ajang is an adult individual. The remaining averments contained in paragraph 3 of the Complaint are denied. 4. Admitted in part; denied in part. Answering defendant admit only that on April 30, 2007, a Gardner Glass Products, Inc. tractor trailer struck a J.B. Hunt Transport, inc. tractor trailer at or near 400 Park Drive, South Middleton Township, Cumberland County, Pennsylvania. Answering defendant denies any negligence, carelessness or recklessness and demands strict proof thereof at trial. Answering defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in paragraph 4 of the Complaint, and therefore, said averments are denied. By way of further answer, paragraph 4 of the Complaint contains a conclusion of law to which no responsive pleading is required. 5. Denied. The averment contained in paragraph 5 of the Complaint is a conclusion of law to which no responsive pleading is required, and therefore, said averment is denied. 6.(a)-(i). Denied. Answering defendant denies any negligence, carelessness or recklessness and demands strict proof thereof at trial. By way of further answer, paragraph 6 of the Complaint, and its sub-parts (a) through (i), contain conclusions of law to which no responsive pleading is required. 7. Denied. Answering defendant denies any negligence, carelessness or recklessness and demands strict proof thereof at trial. Answering defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in paragraph 7 of the Complaint, and therefore, said averments are denied. 2237870-1 WHEREFORE, answering defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, deny the relief requested therein, enter judgment in favor of answering defendant and against plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. NEW MATTER DEFENSES 8. Plaintiff s Complaint fails to state a claim upon which relief can be granted. 9. The damages alleged by plaintiff were caused solely or in part by the negligence of plaintiff, its agent or employee. 10. If the event alleged in the Complaint occurred as alleged by plaintiff, which is denied, it was caused by plaintiff, its agent or employee and was in no way caused by an act or omission on the part of defendant or its agents. 11. No conduct on the part of defendant or its agents contributed to plaintiffs alleged damages. 12. Any damages sustained by the plaintiff were entirely or substantially caused by the negligence of plaintiff, its agent or employee, including contributory negligence, comparative negligence, and/or the negligence of other parties or persons for whom defendant has no responsibility, and not by the culpable conduct or negligence of the defendant or its agents. 13. Plaintiffs claims are either barred or should be reduced as a result of the plaintiffs or its agent's own contributory/comparative negligence and/or assumption of the risk. 14. The damages complained of by plaintiff pre-existed or were sustained after the accident which is the subject matter of the Complaint. 15. Plaintiff failed to mitigate its damages, if any. 16. Any alleged occurrence complained of by plaintiff, said occurrence being specifically denied by defendant, was the result of an unavoidable accident or sudden emergency. 17. Service of process was improper/insufficient. 18. This Honorable Court lacks jurisdiction over defendant. 2237870-1 10 WHEREFORE, answering defendant denies liability to plaintiff and demands judgment in its favor, together with attorneys fees and costs, and such other relief as this Honorable Court deems just and proper. Respectfully submitted, RAWLE & HENDON LLP By: '?a?a ':- Stewart Bather E. Klebe Attorneys for Defendant, J.B. Hunt Transport, Inc. Dated: January 15, 2008. 2237870-1 M VARM-CATION I, WESLEY GR FM, Director of Litigation for answering defendant, J.B. Hunt Transport, Inc., hereby verify that the factual averments and/or denials made in the foregoing Answer to plaintiffs Complaint are true and correct to the best of my kmowvledge and/or information and belief. I make these statements subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. LEY GPJFM Director of Litigation, J.B. Hunt Transport, Inc. Dated: January q, 2008. 22}1$70-1 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Answer with New Matter to Plaintiff's Complaint and New Matters was served upon the below listed counsel and party this day of January 2008 by first-class mail, postage prepaid. Douglas G. Aaron, Esquire Dion, Rosenau, Smith, Manszak & Aaron Suite 900 -1628 JFK Blvd. Philadelphia, PA 19103 RA WLE N LLP Gary N. Stewart 2237870-1 (7) C= La ? -r C rt ; ? ? : ' ---f -r F RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Heather E. Klebe Identification No.: 201310 240 N. 3`d Street, 9 h Floor Payne Shoemaker Buildings Harrisburg, PA 17101 TO THE WITHIN NAMED PARTIES: You are hereby notified to plead to the enclosed ANSWER WITH NEW MATTER, within twenty (20) days from the date of service hereof or default judgment will be entered against you. RAWLE Stewart Attorneys for Defendant, J.B. Hunt Transport, Inc. Attorneys for Defendant, J.B. Hunt Transport, Inc. --------------------------------------------------------------------------------------------------------------------- GARDNER GLASS PRODUCTS, INC., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. J.B. HUNT TRANSPORT, INC., and AJAK AJANG, Defendants. CIVIL ACTION NO.: 07-7372 ANSWER WITH NEW MATTER Defendant, J.B. Hunt Transport, Inc., by and through its attorneys, Rawle & Henderson LLP, answers plaintiff's Complaint as follows: COUNTI 1. Denied. Answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments contained in paragraph 1 of the Complaint, and therefore, said averments are denied. 2. Admitted in part; denied in part. Answering defendant admits only that J.B. Hunt Transport, Inc. is a corporation with its principal place of business located in Lowell, Arkansas, 2237870-1 and it has done business in the Commonwealth of Pennsylvania. The remaining averments contained in paragraph 2 of the Complaint are denied. By way of further answer, paragraph 2 of the Complaint contains a conclusion of law to which no responsive pleading is required. 3. Admitted in part; denied in part. Answering defendant admits only that Ajak Ajang is an adult individual. The remaining averments contained in paragraph 3 of the Complaint are denied. 4. Admitted in part; denied in part. Answering defendant admit only that on April 30, 2007, a Gardner Glass Products, Inc. tractor trailer struck a J.B. Hunt Transport, inc. tractor trailer at or near 400 Park Drive, South Middleton Township, Cumberland County, Pennsylvania. Answering defendant denies any negligence, carelessness or recklessness and demands strict proof thereof at trial. Answering defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in paragraph 4 of the Complaint, and therefore, said averments are denied. By way of further answer, paragraph 4 of the Complaint contains a conclusion of law to which no responsive pleading is required. 5. Denied. The averment contained in paragraph 5 of the Complaint is a conclusion of law to which no responsive pleading is required, and therefore, said averment is denied. 6.(a)-(i). Denied. Answering defendant denies any negligence, carelessness or recklessness and demands strict proof thereof at trial. By way of further answer, paragraph 6 of the Complaint, and its sub-parts (a) through (i), contain conclusions of law to which no responsive pleading is required. 7. Denied. Answering defendant denies any negligence, carelessness or recklessness and demands strict proof thereof at trial. Answering defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in paragraph 7 of the Complaint, and therefore, said averments are denied. 2237870-1 WHEREFORE, answering defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, deny the relief requested therein, enter judgment in favor of answering defendant and against plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. NEW MATTER DEFENSES 8. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 9. The damages alleged by plaintiff were caused solely or in part by the negligence of plaintiff, its agent or employee. 10. If the event alleged in the Complaint occurred as alleged by plaintiff, which is denied, it was caused by plaintiff, its agent or employee and was in no way caused by an act or omission on the part of defendant or its agents. 11. No conduct on the part of defendant or its agents contributed to plaintiff's alleged damages. 12. Any damages sustained by the plaintiff were entirely or substantially caused by the negligence of plaintiff, its agent or employee, including contributory negligence, comparative negligence, and/or the negligence of other parties or persons for whom defendant has no responsibility, and not by the culpable conduct or negligence of the defendant or its agents. 13. Plaintiff's claims are either barred or should be reduced as a result of the plaintiffs or its agent's own contributory/comparative negligence and/or assumption of the risk. 14. The damages complained of by plaintiff pre-existed or were sustained after the accident which is the subject matter of the Complaint. 15. Plaintiff failed to mitigate its damages, if any. 16. Any alleged occurrence complained of by plaintiff, said occurrence being specifically denied by defendant, was the result of an unavoidable accident or sudden emergency. 17. Service of process was improper/insufficient. 18. This Honorable Court lacks jurisdiction over defendant. 2237870-1 WHEREFORE, answering defendant denies liability to plaintiff and demands judgment in its favor, together with attorneys fees and costs, and such other relief as this Honorable Court deems just and proper. Respectfully submitted, RAWLE & By: Heather E. Klebe Attorneys for Defendant, J.B. Hunt Transport, Inc. Dated: Januar6, 2008. 2237870-1 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Answer with New Matter to Plaintiff's Complaint and New Matters was served upon the below listed counsel and party this -7.- .7 day of January 2008 by first-class mail, postage prepaid. Douglas G. Aaron, Esquire Dion, Rosenau, Smith, Manszak & Aaron Suite 900 - 1628 JFK Blvd. Philadelphia, PA 19103 RAWLE NDERSON LLP N. Stewart 2237870-1 VERIFICATION I, WESLEY GRIFFIN, Director of Litigation for answering defendant, J.B. Hunt Transport, Inc., hereby verify that the factual averments and/or denials made in the foregoing Answer to plaintiffs Complaint are true and correct to the best of my knowledge and/or information and belief I make these statements subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. LEY G Director of Litigation, J.B. Hunt Transport, Inc. Dated: January 2008. 2237870-1 N F E.? m te - a RAWLE & HENDERSON LLP By: Gary N. Stewart Identification Nos.: 67353 240 N. 3`d Street, 9t' Floor Payne Shoemaker Buildings Attorneys for Defendant, Harrisburg, PA 17101 J.B. Hunt Transport, Inc. --------------------------------------------------------------------------------------------------------------------- GARDNER GLASS PRODUCTS, INC., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, : CIVIL ACTION V. J.B. HUNT TRANSPORT, INC., and AJAK AJANG, Defendants. NO.: 07-7372 STIPULATION IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff and defendants, through their respective counsel, that all allegations of recklessness in the Complaint as well as paragraph 6(i) of the Complaint are hereby stricken with prejudice and no Order of Court shall be required to affect such change. DION, By: Dated: Douglas . Aaron Attorne for Plaintiff Suite 900 -1628 JFK Blvd. Philadelphia, PA 19103 (215) 561-7000 & AARON RAVE By: LLP Gary N. Stewart Attorneys for Defendants 240 N. 3`d Street, 9d' Floor Payne Shoemaker Building Harrisburg, PA 17101 (717) 234-7700 2238273-1 ?f-T LAW OFFICES OF DION, ROSENAU, SMITH MENZAK & AARON BY: DOUGLAS G. AARON, ESQUIRE ATTORNEY I.D.: 54058 Attorney for Plaintiff SUITE 900, 1628 JFK BLVD. PHILADELPHIA, PA 19103 TELEPHONE: (215) 561 7000 GARDNER GLASS PRODUCTS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL ACTION NO.: 07-7372 J.B. HUNT TRANSPORT, INC. and AJAK AJANG PLAINITFF'S REPLY TO NEW MATTER TO THE PROTHONOTARY: 8.48. Denied as conclusions and conclusions of law to which no response is required. It is specifically denied that plaintiff was in any way negligent or in anyway contributed to the happening of this accident. All other averments are specifically denied. Strict proof to the contrary is demanded at the time of trial. WHEREFORE, plaintiff demands Judgment of the defendants herein jointly and severally in an amount not in excess of the Arbitration limits. DION, ROSENAU, SMITH, MENSZAK & AARON BY: I VERIFICATION I, DOUGLAS G. AARON, ESQURIE, verify that the Statements made in the Plaintiff's Reply to New Matter, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 PA. C.S. Section §4904 to authorities. BY: DOUGLA4`Q. ARON, ESQUIRE .-,a ?? f` c"? Cr: a r ^z"7 C? ?- ? .. - ?, ??.?, ?? a i`1 --i i?`l ?L i p x RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Heather E. Klebe Identification No.: 201310 240 N. 3rd Street, 9t" Floor Payne Shoemaker Buildings Harrisburg, PA 17101 GARDNER GLASS PRODUCTS, INC., Plaintiff, V. J.B. HUNT TRANSPORT, INC., and AJAK AJANG, Defendants. Attorneys for Defendant, J.B. Hunt Transport, Inc. ------------------------------------------------------ COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 07-7372 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended, with Prejudice. DION, ROSENAU, SMITH, MANSZAK & AARON By: Douglas Aaron, Esquire Attorneys r Plaintiff, Gardner ss Products, Inc. Date: d o " I RAWLE & HENDERSON LLP By: WNNNtewaart Esquire Heather E. Klebe, Esquire Attorneys for Defendant, J.B. Hunt Transport, Inc. 2711396-1 C) F-0