HomeMy WebLinkAbout06-3868LELAND G. SKINNER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. - 2006 CIVIL TERM
WESTERN EXPRESS, INC. and
BLAKE S. COGSWELL,
Defendants
NOTICE TO PLEAD
You have been sued in Court. H you wish to defend against the claims set forth in the following
pages, you must take action within (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 FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania
717-249-3166
LELAND G. SKINNER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. -( 2006 CIVIL TERM
WESTERN EXPRESS, INC. and
BLAKE S. COGSWELL,
Defendants
COMPLAINT
Plaintiff, Leland G. Skinner, by his attorneys, Broujos & Gilroy, P.C., sets forth the
following:
1. Plaintiff is Leland G. Skinner, an adult individual residing at P. O. Box 173, Cyclone,
McKean County, Pennsylvania.
2. Defendant Western Express, Inc. is a corporation conducting business at 7135
Centennial Place, Nashville, Tennessee.
3. Defendant Blake S. Cogswell (hereinafter referred to as "Cogswell") is an adult
individual residing at 1513 Whalin Road, Bowling Green, Kentucky.
4. At all times pertaining to the facts set forth in this Complaint, Defendant Cogswell was
employed by Defendant Western Express, Inc. and was acting in the scope of his
employment and in furtherance of his employment with Defendant Western Express,
Inc.
5. On or about July 17, 2004, Plaintiff had parked his 2001 Mack truck in an appropriate
and legal manner at the Pilot Truck Stop located in Harrisburg, Dauphin County,
Pennsylvania.
6. At such time and place, Defendant Cogswell drove and allowed his vehicle to collide with
Plaintiffs 2001 Mack truck vehicle causing severe and significant property damage to
Plaintiffs vehicle.
7. The damages caused to Plaintiffs vehicle were caused by the direct negligence of
Defendant Cogswell as follows:
A. In driving his vehicle in a careless and negligent manner;
B. In failing to observe other vehicles legally parked in a parking lot;
C. In failing to obey the rules of the highway;
D. Such other negligence as may be proven at trial of this case.
8. As a result of the negligent conduct of Defendant Cogswell, Plaintiffs vehicle was
damaged with the estimated cost of repair being $9,488.10.
9. The mentioned repairs on Plaintiffs vehicle would take approximately ten days and
Plaintiff has suffered loss of use at a rate of $331.23 per day for his vehicle for a total
loss of use claim being $3,312.30.
COUNTI
PLAINTIFF LELAND G. SKINNER V. DEFENDANT WESTERN EXPRESS INC
10. Paragraphs 1- 9 above are incorporated herein by reference thereto.
11. Defendant Western Express, Inc. is liable to the Plaintiff for the mentioned damages
suffered by the Plaintiff as a result of the negligence driving by Defendant Cogswell on
the basis of respondeat superior.
WHEREFORE, Plaintiff requests your Honorable Court enter judgment in his favor
against Defendant Western Express, Inc. in the amount of $12, 800.40.
COUNT II
PLAINTIFF LELAND G. SKINNER V. DEFENDANT BLAKE S COGSWELL
12. Paragraphs 1-11 above are incorporated herein by reference thereto.
13. Defendant Cogswell is responsible for the damage caused to Plaintiffs vehicle as set
forth above based upon the negligent conduct of Defendant Cogswell.
WHEREFORE, Plaintiff requests your Honorable Court to enter judgment in his favor
against Defendant Blake S. Cogswell in the amount of $12,800.40.
Date: &- ?- 0 &
Hubert X. Gilroy, squ
Broujos & Gilr , P.C.
4. N. Hanover reet
Carlisle, PA 17013
(717) 243-4574
Attorney for Plaintiff
Attorney ID #29943
VERIFICATION
I, Hubert X. Gilroy, Esquire, based upon information provided to me by Plaintiff
Leland G. Skinner, hereby swear and affirm that the facts set forth in the foregoing
Complaint are true and correct. I understand that false statements herein are made subject
to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. Mr. Skinner
is out of the jurisdiction and unavailable to sign this Verification.
Date: &-;)?- O
axV1
Hubert X. Gilr , Esquire
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Created: 03/07/00 09:4831 AM
Revised: 06/27107 12:0140 PM
Hubert X. Gilroy, Esquire
I.D. No. 29943
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
LELAND G. SKINNER,
Plaintiff,
V.
WESTERN EXPRESS, INC. and
BLAKE S. COGSWELL,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-3868
CIVIL ACTION - LAW
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above-referenced matter as settled, discontinued and ended.
MARTSON LAW OFFICES
By 10 -
Hubert X. ilroy, Esquire
I.D. 299
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: June 27, 2007 Attorneys for Plaintiff
u
CERTIFICATE OF SERVICE
I, Melissa A. Scholly, an authorized agent for MARTSON LAW OFFICES, hereby certify that
a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle,
PA, first class mail, postage prepaid, addressed as follows:
Susan M. Valanis, Esquire
Obermayer Rebmann Maxwell & Hippel LLP
1617 John F. Kennedy Boulevard
19'bFloor
Philadelphia, PA 19103
MARTSON LAW OFFICES
By
Melissa A. Scholly
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: June 27, 2007
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