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Home My WebLink About94-01078 LEN SOSNOWSKI and ELEANOR SOSNOWSKI, plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO./V 75' CIVIL 1994 v. : DONALD L. MAINS, Defendant . . 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 A 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 OUR WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 o LEN SOSNOWSKI and ELEANOR SOSNOWSKI, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. CIVIL 1994 v. . . DONALD L. MAINS, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, come the plaintiffs, Len and Eleanor sosnowski, by their attorneys, Fowler, Addams, Shughart & Rundle, and make the following complaint: 1. The plaintiffs, Len and Eleanor sosnowski, are adult individuals residing at R.D. 1, Box 116, Oneonta, NY 13820. 2. The defendant, Donald L. Mains, is an adult individual residing at 355 East North street, Carlisle, Cumberland County, PA 17013. 3. Plaintiff Len Sosnowski is the owner of a 1981 Chevrolet van which he was driving on November 23, 1992 at about 4:15 p.m. traveling South on Route 11 in Middlesex Township, when he stopped in the left lane with his left turn signal on to turn left into a gas station. 4. At said time and place, the defendant was also traveling South on Route 11 behind the plaintiff's vehicle, when he negligently and carelessly failed to stop and collided with the rear of the plaintiff's vehicle resulting in the damages hereinafter set forth. 1.'-" ~.".." ........... 5. The defendant was negligent and careless in: A. Following too closely. B. Failing to have his vehicle under control. c. Failing to observe the plaintiff's vehicle in time to avoid a collision. 6. As a result of the accident, Mr. sosnowski received injuries to his right hip and thigh, and lumbar spine, which included a right L3-4 disc protrusion, resulting in a discectomy on December 7, 1993. 7. As a result of his injuries, Plaintiff Len sosnowski has incurred liability for medical expense, which will continue in the future. 8. As a result of his injuries, the plaintiff has undergone and in the future will undergo great physical and mental pain and sUffering, and loss of life's pleasures. 9. As a result of his injuries, the plaintiff has incurred a disability resulting in a loss of income and a loss of future earning capacity. 10. As a result of the collision, the plaintiff lost the use of his vehicle in his business for a period of about five months. 11. As a result of the collision and injuries sustained by her husband, plaintiff Eleanor Sosnowski has been and in the future will be deprived of the care, companionship, consortium and society of her husband. ", WHEREFORE, the plaintiffs demand judgment against the defendant in an amount in excess of $20,000, plus damages for delay and costs of suit. FOWLER, ADDAMS, SHUGHART & RUNDLE BY:'.~1~~ 28 South Pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 Attorneys for Plaintiffs VERIFICATION Len Sosnowski and Eleanor Sosnowski hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of their knowledge, information and belief, and understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsifications. ~~ .2 ~J~ DATE:-.5_ )_ 'iLl ..,.~ - <.w ..:.:1... -=- ...." - :;:,\ "." L......, ~ ~ v::> ~ '"" V") . . . - V) ~ .-',.... .t',_ "'!. - lU',- ;.:t ~:.~~.j: _. .... :c; ""- 3' ." r- ~ ~ :Jj C\'~:0.-.J - "'- l"- 1'('1 \ I>: ... = /: ;'" Q~'" rI'\ r() - '""T' ~~ C.J G M. SHERIFF'S RE'IURN <XM1ONWEAL'lll OF PENNSYLVANIA: COUNl'Y OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 1078 Civil Term 1994 Complaint and Notice Len Sosnowski and Eleanor Sosnowski VS Donald L. Mains Harry King , jk~xX~ Deputy Sheriff of CUnberland County, Pennsylvania, who being duly sworn according to law, SIIYS, that he served the within upon Donald L. Mains o'clock A .M. EST / ~ on the day of March , 19...!lAllt 16 355 East North Street, Carlisle , CUnber111nd County, Pennsylvania, by handing to Beverly Mains. adul t in charae a true and attested copy of the Complaint and Notice and at the same time directing her attention to the contents thoreof IInd the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 2.80 So answers I :-.#"}?~r....< ~~ d ;r ""~ --r'=~";~-,--c R. '!'haMS Kline. Sheriff by Ii ~. '--- 1:/7'1-"'7 DePu1}. Sh~ri((. 2.00 18.80 Pd. by Atty. 3-17-94 Sworn and subscribed to before Ire this .21";' day of 7!.1.......,/-' 19--1:1_ A.D. Yt. "I '- (~ tWtu.. (U7: r , .==p:+ Prothonotary ..". C1") - ,- - :::r.: c~ ,., , ~J :" .., ,... ., YOU ....I HI WIIH "' iJIJI.l(J 10 'n,r .. WNlfflN "1',1'0"'" .'l PH '"ctl"l'-,lrl ""'''HIN f AI Nt' , tn. l''IA'" '''Ollll !ol IH/lcr III_tO' .H' .. HHlI."IIU -.&, fn I ""I 1'1'1 ."a,,.., .'~U. "' DOUG LA!:) DOUGLAS {\, DOUGLA!:i ~,- ,"11' ..' ..... WI no lu"tn, C'-All" THA' Hll wlf""'" ,<;.. '" If ....j., CO_NfCl'COpy 0' fit( O'tll,o I"'" L f!lCO 'N THI~ oll I; r 1'::". ..,-. A "0'''''' , f.rn:'.ol.I_. "[.';'j .n",,",:;. n. ,l,lli)lH." GEORGE F. DOUGLAS, JR. ATIY. 1.0. #06270 DOUGLAS, DOUGLAS & DOUGLAS 27 WEST HIGH STREET P.O. BOX 261 CARUSLE,PA.17013 717-243-1790 ATIORNEY FOR DEFENDANT LEN SOSNOWSKI and ELEANOR SOSNOWSKI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1078 CML 1994 V. DONALD L. MAINS JURy TRIAL DEMANDED ANSWER 1. Admitted. 2. Admitted. The plaintiff did not have his left turn signal on when 3. Denied. he stopped. 4. Liability is admitted. 5. Liability is admitted. 6. Denied. After reasonable investigation, the defendant is without knowledge as to the extent of the plaintiff's injury, as at the accident scene plaintiff stated that he would not seek medical attention until he had made his trip to Florida. Plaintiff further admitted to Officer Martin of the Middlesex Police Department, and to the defendant's wife, that his Wp injury had occurred prior to the accident involved herein. 7. Denied. After reasonable investigation, the defendant is without knowledge as to the extent of the plaintiff's medical bills, and whether they have been paid by another source and, therefore, uncollectible under the Motor VeWcie Financial Responsibility Act. 8. Denied. The answers to paragraphs 6 and 7 are incorporated herein by reference thereto. 9. Denied. The answers to paragraphs 6 and 7 are incorporated herein by reference thereto. , 10. Denied. The plaintiffs left the defendant under the Impression that they were going to drive the vehicle to Florida, so loss of use for a period of five months Is questioned, and proof Is demanded. 11. Denied. The answers to paragraphs 6 and 7 are incorporated herein by reference thereto. WHEREFORE, it is prayed that the award to the plaintiffs be in a reasonable amount. DOUGLAS, DOUGLAS &: DOUGLAS By ~~T%=i,.! Attorney for efendant 'J COMMONWEALTH OF PENNSYLVANIA ) : 55. COUNTY OF CUMBERLAND ) Donald L. Mains, being duly sworn according to law, deposes and says that the averments in the within Answer are true and correct, to the best of signer's knowledge, information, and belief. ..Lj t?l14--dc/'7 ,?;?~ Donald L. Mains Sworn and subscribed to before me this ~ day of April, 1994, q,/YUI: 7n ~ '1~ Notary , NotARIAL SEAl. JANET II. LAY NOtARY PUBLIC CARlISLE BORO. CUMBERLAND COUNTY MY COMMISSION EXPIRES JUNE 26. 1995 " PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewrlllen and submitted In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY (Check one) Please list the following case: ( x) for JURY trial at the next term of civil court. ) for trial without a Jury. . ............................................................................................................................................................................ CAPTION OF CASE (entire caption must be stated In full) (check one) Assumpsit Len Sosnowski and Elesnor Sosnowski Trespass Trespass (Motor Vehicle) . l,.x) ( ) (other) (Plaintiff) vs. The trial list will be called on Donsld L. Mains ami: AUgUR. 'l, 1 'l'l4 Trials commence on -5.eptpmhpy 6, 1'l'l4 (Defendant) Pretrials will be held on AUgUR' 17 r 1 'l'lL.. (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) vs. N 1078 o. Civil 19_~~ Indicate the allorney who will try case for the party who flies this praecipe: George F. Douglas, Jr., Attorney for Defendant Indicate trial counsel for other parties if known: William A. Addams, Esquire, Attorney for Plaintiffs This case Is ready for Irlal. Signed: )J:~-;~~~/-..-- --.. July 13 ,1994 Print Name:--.lL~J.Lj).ltUlllaR. Jr. Defendant Allorney for: ..___. _ .. ._ _.. _.____.___. Date: ~ 0"") ;: ;-- - z-: ... N -;r ....., ~ => --, .- \._" "_._~ . 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