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Home My WebLink About12-7348ARBITRATION HEARING -ASSESSMENT OF DAMAGES NOT REQUIRED Gold, Silverman, Goldenberg & Binder '~~'-_ ~~'' By: Wayne R. Goldenberg, Esquire -~.~~ Identification Number: 54214 ~ ; c-~ Two Penn Center Plaza v; `; „ ~_ Suite 1506 1500 John F. Kennedy Boulevard Philadelphia, Pennsylvania 19102 Telephone Number: (215) 563-6067 ALLSTATE a/s/o JOSHUA KENNEDY 140 Pineland Road Birdsboro, PA 19508 v. GERALD MATHY 202 Fitts Road Greer SC 29651-5137 and DMX TRANSPORTATION, INC. 960 Berry Shoals Road Duncan SC 29334 r -Y ~~.; ~:~ ~ `:: ~~>-~6 ~' K ~: ~..~ ~, `~ f v ~ ~- ~. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. , 0~ ~ ~ J ~/ NOTICE TO PLEAD 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 appeazance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You aze 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 notice for any money claimed in the complaint or for any other claim to relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 c.~~; y ~;~~i ~I~~.~S~~ a~ C~~ -~I~~~ ag3~3`~ ~~ _ I ARBITRATION HEARING -ASSESSMENT OF DAMAGES NOT REQUIRED Gold, Silverman, Goldenberg & Binder By: Wayne R. Goldenberg, Esquire Identification Number: 54214 Two Penn Center Plaza Suite 1506 1500 John F. Kennedy Boulevard Philadelphia, Pennsylvania 19102 Telephone Number: (215) 563-6067 ALLSTATE a/s/o JOSHUA KENNEDY 140 Pineland Road Birdsboro, PA19508 v. GERALD MATHY 202 Fitts Road Greer SC 29651-5137 and DMX TRANSPORTATION, INC. 960 Berry Shoals Road Duncan SC 29334 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. COMPLAINT -CIVIL ACTION -MOTOR VEHICLE ACCIDEN PROPERTY DAMAGE FIRST COUNT ALLSTATE a/s/o JOSHUA KENNEDY v. GERALD MATHY and DMX TRANSPORTATION. INC. The plaintiff, Allstate a/s/o Joshua Kennedy, is an adult individual who currently resides at 9 Riverview Ave., Windsor NY 12553. 2. The defendant, Gerald Mathy, is an adult individual who currently resides at 202 Fitts Road, Greer SC 29651-5137. 3. The defendant, DMX Transportation Inc. is a business entity with a principal place of business located at 960 Berry Shoals Road, Duncan SC 29334-9762. 4. At all times relevant hereto, the defendant, Gerald Mathy was a permissive user/driver of the defendant, DMX Transportation Inc.'s vehicle and/or was an agent, servant, employee and/or contractor in the course and scope of his employment, agency and/or contract with the defendant DMX Transportation Inc. and therefore, all acts and/or omissions on behalf of the defendant, Gerald Mathy is therefore imputed to the defendant, DMX Transportation Inc. 5. At all times relevant hereto, Joshua Kennedy was insured with Allstate Property and Casualty Company (hereinafter referred to as "Allstate") for, inter alia, "collision coverage." 6. At all times relevant hereto, the plaintiff, Joshua Kennedy owned a 2011 Subaru Forrester motor vehicle that was operated by Katherine Benton and involved in the accident herein. 7. On or about June 12, 2012 at approximately 4:00 p.m. Katherine Benton was operating the plaintiff's, Joshua Kennedy's vehicle was South on I-81 in Silver Spring Township, Cumberland County, Pennsylvania when his vehicle was struck in the rear by the vehicle negligently and carelessly operated by the defendant, Gerald Mathy and owned by the defendant, DMX Transportation Inc. 8. On the date and time aforesaid, the accident noted above was caused by the negligence, carelessness and recklessness of the defendants, Gerald Mathy and the defendant, DMX Transportation Inc., jointly and severally, included, but was not limited to the following: (a) Operating a vehicle at an excessive rate of speed under the circumstances; (b) Failing to have her vehicle under proper and adequate control; (c) Failing to apply the brakes in time to avoid a collision; (d) Failing to observe Plaintiff's vehicle on the highway; (e) Failing to keep an assured clear distance; (f) Failing to operate the vehicle in accordance with existing traffic conditions (g) Operating said vehicle in a careless, reckless and negligent manner; (h) Failing to drive the vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (i) Failing to keep a reasonable lookout for other vehicles lawfully on. the roadway; (j) Failing to warn of the approach of the defendant's vehicle; (k) She was negligent and reckless as a matter of law; (1) She was otherwise negligent under the circumstances; (m)Otherwise violating the applicable ordinances and the statutes of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles. 9. As a result of the negligence of the Defendants, Plaintiffs' motor vehicle sustained damages to in and about its component parts, together with other damages in the total amount of $5,119.62. 10. As a result of the aforementioned damage to Colin Brown's vehicle, Allstate paid, pursuant to Colin Brown collision coverage, the property damage. 11. Pursuant to the terms of Colin Brown's automobile liability insurance policy, Allstate has the contractual right to pursue subrogation for the property damage paid. WHEREFORE, the Plaintiffs, Allstate a1s/o Joshua Kennedy, demand judgment against the defendants, Gerald Mathy and DMX Transportation Inc., jointly and severally in the amount of $5,119.62 exclusive of interest and costs. SECOND COUNT ALLSTATE a/s/o JOSHUA KENNEDY v. DMX TRANSPORTATION. INC. 12. Paragraphs 1 through 11 of this Complaint are hereby incorporated the same as if herein set forth at length. 13. The negligence, carelessness and recklessness of the defendant, DMX Transportation Inc.includes but are not limited to the following: (a) Entrusting her vehicle to the defendant, Gerald Mathy when she knew or should have known that he was unfit to operate a motor vehicle. (b) Permitting expressly and/or impliedly allow the defendant, Gerald Mathy to operate her vehicle when she knew or should have known that he was unfit to operate a vehicle. WHEREFORE, the plaintiffs, Allstate a/s/o Joshua Kennedy demand judgment against the defendants, Gerald Mathy and DMX Transportation Inc., jointly and severally in the sum of $5,119.62. GOLD, SIL BY: BINDER WAYNE Attorney VERIFICATION The undersigned hereby verifies that the factual statements made in the documents attached hereto 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. Date !~! ~3~ , 2012 IE Pr) RAWLE &HENDERSON LLP 12 PM By: Michael T. Traxler ' Identification No.: 90961 C 111111ERL A N . Payne Shoemaker Building PEPPYsYl�VANIA 240 N. Third Street, 9th Floor Attorney for Defendants, Harrisburg, PA 17101 Gerald Mathy and (717) 234-7700 DMX Transportation, Inc. ALLSTATE a/s/o JOSHUA KENNEDY COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY CIVIL ACTION VS. NO. 12-7348 GERALD MATHY and DMX TRANSPORTATION, INC. Defendants. PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended, with Prejudice. GOLD, SILV N LDENBERG RAWLE& HENDERSON LLP &B ER By �-� Wayne . G b ,Esquire By. t Michael T. Traxler,Esquire Atto ey f tiff, Attorney for Defendants, All t s/o Joshua Kennedy Gerald Mathy and DMX Transportation, Inc. 6507055-1