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Home My WebLink About11-0903it Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 FILED-OFFICE uF THE PROTHONOTARY 2011 JAN 27 AN 11: 12 CUMBERLAHC COUNTY PE14NSYLVAN A Attorney for Plaintiffs State Farm Mutual Auto Insurance Company A/S/O Allison Klouse PO Box 2371 Bloomington, IL 61702-2371 VS : In The Court of Common Pleas :Cumberland County, Pennsylvania : Civil Action Law : No //- 9D3 thl ?+ Bwaabi S. Amajuwon 2177 Twp Rd. 289 Salineville, OH 43945 AND FAF Inc. a/k/a Forward Air Freight Inc.. 6800 Port Rd. Groveport, OH 43125 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 or cannot afford one, go to or telephone the office set forth below to jlnd out where you can get legal help. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo ai partir de la fecha de la demanda y la notification. Hace faita asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses 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 decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perdee dinero o sus propiedades u otros derechos importantes para usted. Lleva esta demanda a un abogado inmediatamente. Si no lien abogado o si no lien el dinero suficiente de pagar tal servicio. Vaya en persona o llame por telffono a la oJicina cuya direccion se encuentra encuentra escrita abojo para averiguar d6nde se puede conseguir asistencia legal, Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 L-J 800-990-9108 7C? . 19? . } 4-Al 60, trY 4?& P?PA' 4. Defendant FAF Inc. a/k/a Forward Air Freight Inc is a business entity i specializing in transportation and having as one of its principle places of business the above captioned address. 5. On or about 02/26/2010 Plaintiff State Farm Mutual Auto Insurance Company insured Allison Klouse with a personal auto policy, policy number 38 L 973 ?01.? said police covering a 2007 Toyota and carrying with same collision and n .tai coverages. ?. On or about 02/26/2010, Defendant Bwaabi S. Amajuwon was acting as went, servant, employee and/or workman and/or for the common purpose of Defendant FAF Inc. aWa Forward Air Freight Inc. while he was operating a 2004 -`,?oo,o tractor.railer bearing OH tag PVA4496 registered to same. On or about 02/26/2010 at or near the intersection of PA Turnpike mile pist 06 Curnberland County, Pennsylvania. Defendant Bwaabi S. Amajuwon while operating the a oresaid 2004 Volvo tractor did negligently, carelessly and/or r ,ckie.s?1y, strike/collide into Plaintiff's insured's2007 Toyota causing extensive damages to same. s. The rigence of the Defendants consisted of: a) nez_tligent entrustment; ' 2 '' i ,_ to exercT . e du _ care; c) being inattentive; d) failing to maintain proper lookout; e) failing to maintain control of said vehicle so as to be able to stop within the assured clear distances ahead; f) faiiiag to yield right of way; g) being inattentive, h) improper use of turn signals; i) iollowing too closely j) uisrcgarding a posted stop sign; g) iropi-oper lane change h) cravcll ling too fast for given conditions i) icti:ing to be abX to stop within the assured clear distance of headlight j) striking a stationary vehicle t k) iailil,g to give due regard to the right, safety, point and position of piaintiffs propeily: 9. The aforesaid collision resulted solely from the negligent acts and/or failure to act on parr of Defendants named herein and was due in no manner Wf)atsoever to arry act and/or iaiiure to act on part of Plaintiff's insured. 10. As a result of the aforesaid collision, Plaintiff's insured's vehicle sustained extensive damages to same. 11. Pursuant to the aforesaid policy of insurance, Plaintiff State Farm Mutual Auto Insurance Company settled the collision and rental claims of its insured Allison Klouse in the amount of $11,290.42, (said figure includes Plaintiff's insured's first p.-irty deductible) representing fair and reasonable reimbursement for the damages I sustained. 12. Pursuant to the aforesaid policy of insurance, Plaintiff State Farm Mutual Auto Insurance Company is subrogated to Allison Klouse for this loss. WHEREFORE, Plaintiffs demand judgment against Defendants jointly and I severally in the alnount of $11,290.42 together plus costs, interest and such other I re;ief this Court finds equitable and just. r ?Jv Brian alker, Esq. ;I)' )1k'-2377-PA COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER : ss The undersigned verifies that the facts contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. If applicable, this affidavit is made on behalf of the Plaintiff(s); that the said Plaintiff(s) is/are unable and unavailable to make this verification on its/his/her own behalf within the time allotted for filing of this pleading, and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigative material in the file Brian . Walker, Esq. Hennessy & Walker Group, P.C. Dated: Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 State Farm Mutual Auto Insurance Company A/S/O Allison Klouse PO Box 2371 Bloomington, IL 61702-2371 : Civil Action Law VS Bwaabi S. Amajuwon : No: 11-903 Civil 2177 Twp Rd. 289 Salineville, OH 43945 AND FAF Inc. a/k/a Forward Air Freight Inc. 6800 Port Rd. Groveport, OH 43125 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER ???_EJ-OFFiCE EPROTHOhal y €011 FEB 1 1 A1411'- $ CUMBERLAND CC' .; PENNSYLVAN° : In The Court of Common Pleas :Cumberland County, Pennsylvania . ss. Brian J. Walker, Esquire, AIC, being duly sworn according to law, deposes and says that he has served a true and correct copy of the Complaint filed in the above captioned action upon the Defendant, FAF Inc. a/k/a Forward Air Freight Inc. by first class United States mail, certified, return receipt requested, and that Defendant did accept service of the sane on, 2!3'2011, as evidenced by the attached sender's receipts. BrianJ. alker, Esquire, AIC Hennessy & Walker Sworn to and subscribed before me this L7M day of - *41AIQ` 2011. O ARY PUBLIC =W~*MALTH of P0"VLvN4n NO i ARIAL SEAL THOM S. CHUPLIS, Notffy Rubble Wed Chester Bom., Chaster Cou* My Commission Expires November 4, 4 Attorney for Plaintiffs ¦ Complete items 1, 2, and 3. Also complete )bm 4 if Restricted Delivery Is desired. ¦ print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: A/?s/ 1ou)A& 14ie '.614A6r-/'Ue 6 Roo 7- ?YdA!51W7 D,y ?Wtj- 2. Article Number t from service law PS Form 3811, Februery 2004 U.S. Postal Set CERTIFIED MAIL, REGEIPI rl (Domestic Onlyj No insurance Coverage Provided ru Er $ Er Postage Certified Fee rR Postmark O Retum Receipt Fee A Here a (Endorsement Required) p? U Restricted Delivery Fee <K-.+? C3 (Endorsement Required) C3 Total Postage & Fees $ C3 a or PO Box No. '00 - - - - - - - - - - - - - A SWOWre ? X ? by (Printed Name) I C. Date of NYea D. Is delivery address different from Rem 1713 o If YES, enter delivery address below: 3. Service TYPS Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? i_=n? mail ? C.O.D. 4. Restricted Delivery? Pit Fee) ? Yes 7010 1060 0001 2992 4121 Brian J. Walker, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 c= tic U-W'?'?,O?AR" iL ?'Ra?HG'' ;_; ` t S FHB 24 ?'? «' 24 t?U?98ER??`uU GOUNT'., pE?aNSY?vA?? a Attorney for Plaintiff State Farm Mutual Auto Insurance : In The Court of Common Pleas Company A/S/O Allison Mouse : Cumberland County, Pennsylvania Vs : Civil Action, LAW Bwaabi S. Amajuwon ET AL : No: 11-903 Civil AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER ss. Brian J. Walker, Esquire, AIC, being duly sworn according to law, deposes and says that he has served a true and correct copy of the Complaint filed in the above captioned action upon the Defendant, Bwaabi S. Amajuwon, by first class United States mail, certified, return receipt requested, and that Defendant did accept service of the same on February 14, 2011, as evidenced by the attached sender's receipts. Brian J. W er, Esquire, AIC Hennessy & Walker Sworn to and subscribed before me this 2-115-t day of rebfvar q 2011. NOTARX PUBLIC E Notarial Seat ne E. Riley, Notary Public Chester Boro, Chester Cour I U.S. Postal Se t vicle CERTIFIED MAI L R ECEIPT Ln iDornestic Mail Only ; No In suranc e Coverage Provided) ti USE- Er Postage $ a ?i - 0 "?J ` ni i r? Certified Fee / y vO?C `0?3 C3 C3 =,n- ?pt Fee (Endt Required) o[ a* Here Restricted Delivery Fee (Endorse t R se Uld e p men equired) ? Total Postage & Fees QQ ------------------ o N or PO B& No. ? ?D? ----- .---------------- ---------- stateZfP+4 D - ---^ ^'-- "°-° --?/-- I ¦ Covolete items 1, 2, and 3. Also complete IOem 4 If Restricted Delivery Is desired. ¦ Pttnt your name and address on the reverse so VW we can fetum the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Aftis Addressed to: A. X j t Received (Prf ?1Namr# of p D. Is delivery address different 1? to Yes If YES, enter defivery add w: f ,w 3. Service Type IM Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. PA*Icted Delivery! (Extra Fee) ? yes 2. Article Number m nslerfromseMce/abed 7010 1060 0001 2992 4145 PS Form 3811, February 2004 DontMtlc Return Reoslpil' 10259s-o2-M-1540 A.I. d- ILED-OFFICE O TI E PROTHONOTAR-i' RAWLE & HENDERSON LLP 20 j I MAR -3 AM ! 1: 2 3 By: Gary N. Stewart Identification No.: 67353 CUMBERLAND COUNTY By: Andrew D. Zeiter PENNSYLVANIA Identification No.: 93601 Payne Shoemaker Building 240 N. Third Street, 9th Floor Attorneys for Defendants, Harrisburg, Pennsylvania 17101 Bwaabi Amajuwon and FAF, Inc., a/k/a (717) 234-7700 Forward Air Freijzht Inc STATE FARM MUTUAL INS. CO., a/s/o ALLISON KLOUSE, Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION NO.: 11-903 Civil vs. BWAABI S. AMAJUWON, FAF, INC., a/k/a FORWARD AIR FREIGHT, INC. and COMSTAR ENTERPRISES, INC., Defendants. : ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendants, Bwaabi Amajuwon and FAF, Inc., a/k/a Forward Air Freight, Inc., in the above-referenced matter. RAWLE & HENDERSON LLP By: Gary N. Stewart, Fe Andrew D. Zeiter, Nsquire Attorneys for Defendants, Bwaabi S. Amajuwon and FAF, Inc. a/k/a Forward Air Freight, Inc. File No. 250674 Dated: 4364542-1 CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing pleading was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Brian J. Walker, Esquire Henessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 Counsel for Plaintiff Comstar Enterprises, Inc. 6222 Highway 52 Gillsville, GA 30543 Pro Se RAWLE & HENDERSON LLP By: G y N. Stewart, E Andrew D. Zeiter, E Attorneys for Defendants, Awaabi Amajuwon and FAF, Inc. a/k/a Forward Air Freight, Inc. Dated: -?Id l/ / 4364580-1 Brian J. Walker, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 it Frieght Inc. State Farm Mutual Auto Insurance Company A/S/1 Allison Klouse VS Bwaabi S. Amajuwon AND FAF Inc. a/k/a Forward A AND Comstar Enterprises, Inc. 10 t E f", r ,rnr? a? V!, r I Attorney for'Plautitf In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action, LAW No: 11-903 Civil AFFIDAVIT OF SERVICE COMMONWEALTH OIL PENNSYLVANIA: COUNTY OF SS. Brian J. Walker, Esquire, AIC, being duly sworn according to law, deposes and says that he has served a true and correct copy of the Complaint filed in the above captioned action upon the Defendant, Comstar Enterprises, Inc. by first class United States mail, certified, return receipt requested, and that Defendant did accept service of the same on, February 2, 2011 , as evidenced by the attached sender's receipts. idn J. W Wr, "squire, AIC ennessv & Walker Sworn to and subscribed before me this"J-Hp- day Hof MA - 4 2011. NOTARY Y ?ry Pr na E. Rlle'/? 30,t 4i?l R r- ru Ln ru Ir Cr rt., 0 O O 0 .A 0 r9 0 r-a 0 r- • ComPlete items 1, 2, and item 4 if Restricted Delive ¦ Print your name and addr so that we can return the ¦ Attach this card to the hm Constar C-meF 10222 4u 411 ? SV'( [ Le" (:? )FFICIAL USE P Cert1w No 2 I Receipt Fee POSMM k am ReQWred) 2 2 Here jMUIreC) vy i rnnreo rva W C. Date of Delivery -aa- Is delivery address d from item 17 0 Yes If YES, enter delivery address below: 0 No ur Uerttfieed M 0 Express Mail 0 Registered Retum. Receipt for Merch ru" 1060 0001 2992 4527 Domestic FMtUrn Receipt 102595-02-M-1540 «rw t.. ,?, r? r t...',..x.- ' R t Johnson, Duffie, Stewart & Weidner By: Wade D. Manley, Esquire I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com 2:]l! , 23 P„' l1: 27 Cis'13ERLA'.N'D COUNTY Attorneys for DVE TV L VA N 1 A STATE FARM MUTUAL AUTO INSURANCE COMPANY a/s/o ALLISON KLOUSE Plaintiff BWAABI AMAJUWON, FAF, INC. a/k/a FORWARD AIR FREIGHT, INC and COMSTAR ENTERPRISES, INC Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-903 Civil NOTICE TO PLEAD TO: STATE FARM MUTUAL AUTO INSURANCE COMPANY a/s/o ALLISON KLOUSE, Plaintiff c/o BRIAN J. WALKER, ESQUIRE Hennessy & Walker, P.C. 142 West Market Street West Chester, PA 19382 Attorney for Plaintiff YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By: o Wa D. M nley, Esquire Attorney I. D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com STATE FARM MUTUAL AUTO INSURANCE COMPANY a/s/o ALLISON KLOUSE Plaintiff BWAABI AMAJUWON, FAF, INC. a/k/a FORWARD AIR FREIGHT, INC. and COMSTAR ENTERPRISES, INC. Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-903 Civil ANSWER OF DEFENDANT, COMSTAR ENTERPRISES, INC., TO PLAINTIFF'S COMPLAINT INCLUDING NEW MATTER AND CROSS-CLAIM AND NOW, comes the Defendant, Comstar Enterprises, Inc., by and through their attorneys, Johnson, Duffie, Stewart & Weidner, P. C., and files the following Answer to the Plaintiffs' Complaint with New Matter and Cross-Claims and in support thereof aver as follows: 1. Denied. After reasonable inquiry, the answering Defendants are unable to form a belief as to the truth or falsity of the averments contained in this paragraph. Therefore the averments are denied and strict proof thereof is demanded. 2. Denied. After reasonable inquiry, the answering Defendants are unable to form a belief as to the truth or falsity of the averments contained in this paragraph. Therefore the averments are denied and strict proof thereof is demanded. 3. Denied. After reasonable inquiry, the answering Defendants are unable to form a belief as to the truth or falsity of the averments contained in this paragraph. Therefore the averments are denied and strict proof thereof is demanded. 4. Denied. After reasonable inquiry, the answering Defendants are unable to form a belief as to the truth or falsity of the averments contained in this paragraph. Therefore the averments are denied and strict proof thereof is demanded. 5. Admitted. 6. Denied. After reasonable inquiry, the answering Defendants are unable to form a belief as to the truth or falsity of the averments contained in this paragraph. Therefore the averments are denied and strict proof thereof is demanded. 7. Admitted. 8. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. By way of further answer, the Defendant, Comstar Enterprises, Inc., is a corporate entity not capable of acting in the manner alleged. 9. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. 10. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. 12[sic]. Denied. After reasonable inquiry, the answering Defendants are unable to form a belief as to the truth or falsity of the averments contained in this paragraph. Therefore the averments are denied and strict proof thereof is demanded. 13. Denied. After reasonable inquiry, the answering Defendants are unable to form a belief as to the truth or falsity of the averments contained in this paragraph. Therefore the averments are denied and strict proof thereof is demanded. 14. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. WHEREFORE, the Defendant, Comstar Enterprises, Inc., respectfully requests that judgment be entered in its favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant, Comstar Enterprises, Inc., raises the following New Matter: 15. Service of process was improper and/or insufficient. 16. Some or all of Plaintiffs' claims are barred by the applicable statute of limitations. 17. Some or all of Plaintiffs' claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law (75 Pa.C.S.A. §1701 et seq.), and especially by §1722 of that law. 18. Discovery may reveal that the Plaintiffs may have failed to mitigate their damages. 19. Discovery may reveal that some or all of the Plaintiffs' alleged injuries, conditions or damages preexisted the date of the alleged accident and were not caused or aggravated by this accident. 20. Discovery may reveal that some or all of the Plaintiffs' alleged injuries, conditions or damages were caused by the events that occurred subsequent to the accident. 21. To the extent that Plaintiffs have been or will be paid some or all of their damages, then the claims for those damages are barred both by §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law and by the defense of payment generally. 22. The Plaintiffs have failed to state a cause of action upon which any relief of any kind can be granted. 23. The Plaintiffs' alleged cause of action are barred in whole or in part by the doctrines of comparative negligence and/or contributory negligence, as may be applied to the facts disclosed in discovery. 24. The mechanism of the Plaintiffs' alleged injuries were under the care, custody and control of persons or entities other than the answering Defendant. 25. The mechanism of the Plaintiffs' alleged injuries were under the care, custody and control of persons or entities other than the answering Defendant, such as persons including, but not limited to, the Plaintiffs. 26. The alleged damages claimed by the Plaintiffs were created and/or caused by individuals under circumstances over whom answering Defendant had no control or right to control. 27. Sudden and unexpected conditions at the time of the accident may have created an emergency for drivers on the roadway, including drivers acting on behalf of the answering Defendant. WHEREFORE, the Defendant, Comstar Enterprises, Inc., respectfully requests that judgment be entered in its favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER IN THE NATURE OF A CROSS-CLAIM AGAINST CO-DEFENDANTS, BWAABI S. AMAJUWON AND FAF. INC. a/k/a FORWARD AIR FREIGHT INC 28. Defendant, Comstar Enterprises, Inc., incorporates by reference the averments contained in paragraphs 1 through 14 of the Plaintiff's Complaint as if set forth at length. The facts contained in those averments are not admitted by the Defendant, Comstar Enterprises, Inc., but are only set forth for the limited purpose of this crossclaim. 29. If it is determined that the Plaintiffs are entitled to recover for some or all of the damages claimed in the Complaint, then Co-Defendants, Bwaabi S. Amajuwon and FAF, Inc. a/k/a Forward Air Freight, Inc., are solely liable to the Plaintiff for those damages. 30. The conduct of Co-Defendants, Bwaabi S. Amajuwon and FAF, Inc. a/k/a Forward Air Freight, Inc., as aforesaid, was a factual cause of the occurrence of the accident. 31. In the alternative, if it is determined that the Defendant, Comstar Enterprises, Inc., is liable to the Plaintiff, which is denied, then Co-Defendants, Bwaabi S. Amajuwon and FAF, Inc. a/k/a Forward Air Freight, Inc., are liable over to Answering Defendants for contribution, indemnification or both. WHEREFORE, Defendant, Comstar Enterprises, Inc., respectfully request that judgment be entered in its favor and against the Plaintiffs in this case. In the alternative, if it is determined that Defendant, Comstar Enterprises, Inc., is liable to the Plaintiffs, then Defendant, Comstar Enterprises, Inc., demands that judgment also be entered against Co-Defendants, Bwaabi S. Amajuwon and FAF, Inc. a/k/a Forward Air Freight, Inc., for joint and several liability and for liability over to Defendant, Comstar Enterprises, Inc., for contribution, indemnification or both. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By:. W V1 "C Wade D. Manl y, Esquire Attorney I.D. No. 87244 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: Attorneys for Defendants JjrZ?'I ? 434997 14199-19 VERIFICATION I, GLENN MILLER, hereby acknowledge that I am authorized to make `his verification on behalf of Defednant, COMSTAR ENTERPRISES, INC.; that I have read the foregoing Answer to Plaintiffs Complaint with New Matter and Cross-claims; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalti:s of IS Pa. C. 'S: Section 4904, relating to unswom falsification to-authoritles. DATE: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer of Defendants to Plaintiff's Complaint Including New Matter upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 9 day of . Mar , 2011, addressed to the following: BRIAN J. WALKER, ESQUIRE Hennessy & Walker, P.C. 142 West Market Street West Chester, PA 19382 GARY STEWART, ESQUIRE Rawle & Henderson, LLP 240 North Third Street Harrisburg, PA 17101-1523 JOHNSON, DUFFIE, STEWART & WEIDNER By: k Wad D. Ma ley, Esquire Attorney I.D. o. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 A, E PR OF TH OTHONO ARY RAWLE & HENDERSON LLP By: Gary N. Stewart 2011 MAR 31 AM 11: 51 Identification No.: 67353 CUMBERLAND COUNTY By: Andrew D. Zeiter PENNSYLVANIA Identification No.: 93601 Payne Shoemaker Building 240 N. Third Street, 9th Floor Attorneys for Defendants, Harrisburg, Pennsylvania 17101 Bwaabi Amajuwon and FAF, Inc. _(717) 234-7700 STATE FARM MUTUAL INS. CO., a/s/o ALLISON KLOUSE, Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION NO.: 11-903 Civil vs. BWAABI S. AMAJUWON, FAF, INC., a/k/a FORWARD AIR FREIGHT, INC. and COMSTAR ENTERPRISES, INC., Defendants. DEFENDANTS, BWAABI S. AMAJUWON AND FAF, INC. a/k/a FORWARD AIR FREIGHT, INC.'S, REPLY TO CROSS-CLAIM OF CO-DEFENDANT AND NOW, come the Defendants, Bwaabi S. Amajuwon and FAF, Inc. [improperly identified in the Complaint as "FAF, Inc. a/k/a Forward Air Freight, Inc."], by and through their attorneys, Rawle & Henderson LLP, and answer co-defendant's Cross-Claim as follows: 28. Answering Defendants hereby incorporate their averments in response to paragraphs 1 through 14 of Plaintiff's Complaint as if set forth at length herein. 29 - 31. Denied. Paragraphs 29 through 31 contain conclusions of law to which no response is required and to the extent that a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 4430436-1 WHEREFORE, Defendants Bwaabi J. Amajuwon and FAF, Inc. demand that Co- Defendant's Cross-Claim be dismissed, and that judgment be rendered in their favor and against co-defendant, together with costs, fees and such other and further relief as may be appropriate. RAWLE & HENDERSON LLP By: ,- , ? ?,, ? r Gary N. Stewart, Es e Andrew D. Zeiter, Ajq6ire Attorneys for Defendants, Bwaabi S. Amajuwon and FAF, Inc. File No. 250674 Dated: 4430436-1 CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing pleading was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Brian J. Walker, Esquire Henessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 Counsel for Plaintiff Wade D. Manley, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Co-Defendant Dated: 7 /3 d 1l 4430436-1 RAWLE & HENDERSON LLP By: C / Gary N. Stewart, uire Andrew D. Zeite , squire Attorneys for Defendants, Bwaabi Amajuwon and FAF, Inc. Brian J. Walker, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 State Farm Mutual Auto Insurance Company A/S/O Allison Mouse VS Bwaabi S. Amajuwon AND FAF Inc. a/k/a Forward Air Frieght Inc. AND Comstar Enterprises, Inc. FILED-OFFICE of THE PROTHONOTARY 2011 APR -4 ww50 CUMBERLAND YLANI A P Attorney for Plaintiff In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action, LAW No: 11-903 Civil PLAINTIFFS REPLY TO NEW MATTER OF DEFENDANT, COMSTAR ENTERPRISES INCORPORATED 15-27. Denied as to conclusions of Law. WHEREFORE, Plaintiff demands judgment as set forth in original complaint. SOIC-2377 II, Brian J. Walker, Esquire, AIC Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 Attorney for Plaintiffs State Farm Mutual Automobile Insurance Company A/S/O Allison Klouse VS. Bwaabi S. Amajuwon, ET AL. In The Court of Common Pleas : Cumberland County, Pennsylvania Civil Action Law No: 11-903 Civil Plaintiffs Answer to Defendants Bwaabi S. Amaiuwon and FAF.Inc.'s New Matter C c ? 3 MW -? =-n Zrn 2m -v MF MM ° ' 15.-30. Denied as to conclusions of law. r-M _ 2p :Z F3 CD r"n WHEREFORE, Plaintiff demands judgment as set for in originaj? complaint. CO cer, Esquire, AIC alker Group P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA State Farm Mutual Automobile Ins. Co. A/S/O Allison Mouse Plaintiff NO. 11-903 August 2011 vs. fta W Amwwm FAF, Inc. aWa F-Mir Fm SK 6c. aad C=@W Fabprom Is. ' Defendant c <.? RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially inlq -?- Following form: un PETITION FOR APPOINTMENT OF ARBITRATORS c - 0 TO THE HONORABLE, THE JUDGES OF SAID COURT: -- n' Brian J. Walker, Esquire counsel for the plaintiff/defendant in the a?oveF action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 11,290.42 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Gary N. Stewart, Esquire and Wade D. Manley, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT Q a y AND NOW, , 20C, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, Kevin A. Hess, P.J. STATE FARM MUTUAL IN THE COURT OF COMMON PLEAS OF AUTO INS., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. NO. 11-0903 CIVIL BWAABI S. AMAJUWON and FAF, INC., Defendants nT? nRl? AND NOW, this 2 &? day of March, 2012, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. J. Gregg Hamm, Esquire, Chairman, shall be paid the sum of $50.00. ?J. Gregg Hamm, Esquire ? Court Administrator rlm ( CTV mc" Ied BY THE COURT, -, C= , - cn Kevir} A. Hess, P. J. r 2_7 c:) < Mrs > C C:) Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 Attorney for Plaintiffs PM 2: ;Uj'--i8E1R .ANN BOUNTY "'i-NNSYLVAPNA state Farm Mutual Auto Insurance Company A/S/O Allison Klouse :In The Court of Common Pleas PO Box 2371 Bloomington, IL 61702-2371 :Cumberland County, Pennsylvania VS Faf Inc. & Bwaabi Amajuwon & Comstar Enterprises, Inc. :Civil Action Law 2177 Twp Rd. 289 Salineville, OH 43945 : No: I 1-903- August 2011 Praeciae 11 To The Prothonotary: Please mark the above captioned case as Settled, Discontinued and Ended. Brian J. "Walker, Esquire SOIC-2377