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Home My WebLink About08-0516i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY TELENCIO and MARK TELENCIO, NO.: D8- 51(p Plaintiffs V. WALTER P. COUSINS, Defendant CIVIL ACTION - LAW ekvt' t -reran JURY TRIAL DEMANDED 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY TELENCIO and MARK TELENCIO, NO.: 09- Y J(- et' nu Tz" Plaintiffs V. CIVIL ACTION - LAW WALTER P. COUSINS, Defendant JURY TRIAL DEMANDED PLAINTIFFS' COMPLAINT 1. Plaintiffs Cathy Telencio and Mark Telencio are adult individuals residing at 446 Big Spring Road, New Cumberland, Pennsylvania. 2. Defendant Walter P. Cousins is an adult individual residing at 8753 Veterans Way, Ickesburg, Pennsylvania. 3. On or about August 18, 2007 at approximately 12:12 p.m. plaintiff Cathy Telencio was operating a 2002 Chevrolet S-10. 4. At the above time, plaintiff was stopped at a red light in her vehicle facing north on St. Johns Church Road at its intersection with Trindle Road in Hamden Township, Cumberland County, Pennsylvania. 5. At the same place and time, the defendant was operating his 2005 Toyota Tacoma north on St. Johns Church Road, at its intersection with Trindle Road in Hamden Township, Cumberland County, Pennsylvania, behind the plaintiff's vehicle. 6. At the above place and time, the defendant drove his vehicle into the rear of plaintiff's stopped vehicle. COUNT I - NEGLIGENCE CATHY TELENCIO v. WALTER P. COUSINS 7. Paragraphs 1 thorough 6 above are incorporated herein by reference as if set forth at length. 8. The collision was caused by the negligence and carelessness of the defendant in that he: a. failed to be alter and attentive at the wheel; b. attempted to enter a roadway on a steady red signal for his lane of travel; c. failed to observe plaintiff's vehicle stopped on the roadway in front of him; and d. drove his vehicle into the rear of plaintiff's lawfully stopped vehicle. 9. At all times relevant hereto, plaintiff was operating her vehicle in a lawful and prudent manner. 10. As a direct and proximate cause of the negligence and carelessness of the defendant, as more specifically set forth above, plaintiff Cathy Telencio has suffered, is suffering and will continue to suffer in the future the following damages: a. pain and suffering; b. mental anguish, discomfort and inconvenience; c. loss of life's pleasures; d. an impairment of health and sense of well being; e. injuries to the cervical spine, including a herniated disc; and f. aggravation to a pre-existing, but asymptomatic lower back condition. 11. As a direct and proximate result of the defendant's negligence and carelessness, as more specifically set forth above, plaintiff Cathy Telencio has suffered, is suffering and will continue to suffer in the future the following financial damages: a. past, present and future medical expenses; 0. . b. incidental costs of dealing with said injures; and c. loss of earnings and earning capacity. WHEREFORE, Plaintiff Cathy Telencio respectfully requests this Honorable Court to enter judgment in her favor and against the defendant in an amount in excess of the compulsory arbitration limit, together with interest, cost and such other relief as is deemed appropriate. COUNT II - LOSS OF CONSORTIUM MARK TELENCIO v. WALTER P. COUSINS 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth at length. 13. At all times relevant hereto, plaintiffs are husband and wife. 14. As a result of the defendant's negligence, plaintiff Mark Telencio suffered a loss of his wife's consortium, companionship, society and comfort. WHEREFORE, Plaintiff Mark Telencio respectfully requests this Honorable Court to enter judgment in his favor and against the defendant in an amount in excess of the compulsory arbitration limit, together with interest, cost and such other relief as is deemed appropriate. DATE: 11?Zl m Girard ckards, Esquire 44 East Philadelphia Street York, PA 17401 (717) 845-4038 Attorney ID No: 58867 .ti VERIFICATION I verify that the statements made in this Plaintiffs' Complaint 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 is that of counsel and not my own. To the extent that the contents are based on 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 are that of counsel, I have relied on my counsel in making this verification. I understand that false statements are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. r , IL Ca Welen 'cio Mark Telencio Date: % _ U' O U? 00 O -0 0 v 1 <_w -77 ?JJ cv, .-I - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00516 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TELENCIO CATHY ET AL VS COUSINS WALTER P R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: COUSINS WALTER P but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 13th , 2008 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answe Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Perry County 83.60 Sheriff of Cumberland County Postage .75 121.35 :? zll9l0? 02/13/2008 GIRARD RICKARDS Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Cathy Telencio vs. Walter P. Cousins No. 08-516 civil Now, January 24, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now Feb. 12, 20 0 8 , at 10 : 0 0 o'clock A M. served the within Notice & Complaint upon Walter P. Cousins at 8753 Veterans Way Ickesburg, PA 17037 (Saville Tw ) by handing to Cindy Cousins-Def. Wife a True & Attested and made known to Her copy of the original Notice&Complaint the contents thereof. So answers, Donald E. Smith & C. La? Chief Deputy S eriffof Perry County, PA Sworn and subscribed before me this 44Aday of ikrkAeo OR- 44 " f' NOTARIAL SEAL FMARGAREff F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY Y COMMISSION EXPIRES FEB. 16, 2008 COSTS SERVICE _ MILEAGE _ AFFIDAVIT $ J ?+ 46 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY TELENCIO and MARK TELENCIO, NO.: 08-516 Civil Term Plaintiffs : V. CIVIL ACTION - LAW WALTER P. COUSINS, Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled and discontinued. Gil4dlf' Rickards, Esquire 44 East Philadelphia Street York, PA 17401 (717) 845-4038 Attorney ID No: 58867 DATE: May 19, 2008 A 16 r CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiffs, do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Praecipe to Discontinue, via first class mail, postage prepaid as follows: Walter P. Cousins c/o Ms. Bridget Kilker Nationwide Mutual Insurance Company P.O. Box 125 Jessup, PA 18434-0125 1 Girard . Rickards, Esquire DATE: May 19, 2008