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FRANCIS J. D.REN~O and
ELIZABETH A. DeRENZO, his
wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-7301 CIVIL TERM
v.
BRADLEY C. SHOVER,
Defendant
JURY TRIAL DEMANDED
DB.BHDANT'8 PRB-TRIAL KBKORAHDUK
I. FACTS OF LIABILITY
On February 19, 1993, Defendant Shover failed to stop and
struck the rear of the Plaintiff's vehicle, which collided with a
pick-up truck in front of the Plaintiff.
II. FACTS REGARDING DAMAGES
Pursuant to 51722 of the Motor Vehicle Financial
Responsibility Act, the Plaintiff is precluded from pleading,
proving or recovering any wage loss or medical expenses that were
paid by insurance. Defendant believes that all of the
Plaintiff's out-of-pocket expenses have been covered by his
first-party motor vehicle insurance carrier and are therefore not
admissible.
The Plaintiff's claim for pain and suffering relates to
cervical, thoracic and lumbosacral sprain and strain syndrome of
his spine and injury to his left knee. Defendant believes that
some of these injuries were the result of pre-existing
conditions, or other accidents or injuries that occurred prior to
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KEVIN A. HESS
JUDOI
ONE COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
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II. STATEMENT OF llASIC FA(TS "S TO ~MA(jES:
As a result of Mr, Shover's negligence and the ensuing collision, Mr, DeRenzo's vehicle
was damaged, and Mr, DeRenzo sutTered lumerous physical injuries as well including cervical.
thoracic, and lumbrosacrQI sprain/strains, Fllrthermore, as a result of the force of the two Impacts
from the rear and the front, Mr, DeRenzo's ,eat broke free, thus pushing him forward causing him
to strike both ofhis knees against the dashl'oard. Mr. DeRenzo sutTered serious injury to his left
knee when it struck the dash of the vehicle Despite medical etTorts to treat and rehabilitate Mr.
DeRenzo's left knee, Mr. DeRenzo ultimatdy required a left knee replacement on December 27,
1993, As a result of those injuries, Mr. Dl:Renzo was unable to work for a period of time and
suffered the loss of his income as a result.
Given Mr, DeRenzo's young age it is highly probable that he will need a second knee
replacement in the future which will result in additional medical bills, loss of income, and
additional pain and suffering,
Mrs, Elizabeth DeRenzo, as a result of her husband's injuries, suffered the loss of her
husband's affections, care and companion~hip during the time of his treatment and attempted
rehabilitation and will more than likely sutTel' similar losses in the future if and when Mr. DeRenzo
requires a second knee replacement.
III. ST,..TEMENT AS TO PRINCIPAl ISSUES OF LI-1/JIUTY AND DAMAyE,~:
The issue as to the defendant's negligence is undisputed, The Defendant has admitted in
paragraph's sevr.n and eight of his answer to plaintitrs complaint that he was negligent in the
operation of his vehicle and that his negligllnce resulted in his vehicle colliding with the rear of
Mr, DeRenzo's vehicle on February 19, 19"3, The only real issue as to liability in this case is the
13. As the direct result of defendaht's negligence and carelessness as aforesaid and the
collisions that resulted therefrom, plaintiff incurred substantial medical expenses in excess of
Thirty Thousand ($30,000,00) Dollars for evaluation and treatment of his injuries, hospitalization,
surgery and extended care and will probably again in the future incur medical expenses due to
future medical care related to the injuries incurred in this accident.
14. As the direct result of defendant's negligence and carelessness as aforesaid and the
collisions that resulted therefrom, plaintiff suffered loss of income during the period of time in
which he was unable to work due to the injuries, treatment and recuperation therefrom and will
probably again in the future suffer loss of income due to future medical care related to the injuries
incurred in this accident,
15, As the direct result of defendant's negligence and carelessness as aforesaid and the
. collisions that resulted therefrom, plaintiff suffered serious pain, suffering and discomfort, inability
to perform his normal routine, household activities, and a loss of life's pleasures, and will
probably again in the future suffer serious pain, suffering and discomfort and related affects on his
enjoyment of life due to future medical care related to the injuries incurred in this accident.
16, As the direct result of defendant's negligence and carelessness as aforesaid and the
collisions that resulted therefrom, plaintiff, Belly DeRenzo, Francis J. DeRenzo's spouse, suffered
the loss of her husband's affections, care and companionship during the time of his treatment, care
and recuperation from his injuries, and will probably again in the future suffer similar losses due to
future medical care related to the injuries incurred in this accident.
13, As the direct result of defendant's negligence and carelessness as aforesaid and the
collisions that resulted therefrom, plaintiff incurred substantial medical exponsos in excess of
Thirty Thousand ($30,000.00) Dollara for evaluation and treatment of his injuries, hospitalization,
surgery and extended care and will probsbly again in the future incur medical expenses due to
future medical care related to the injuries Incun~ed in this accident.
14. As the direct result of defendant's negligence and carelessness as aforesaid and the
collisions that resulted therefrom, plaintiff suffered loss of income during the period of time in
which he was unable to work due to the injuries, treatment and recuperation therefrom and will
probably again in the future suffer loss of income due to future medical csre related to the injuries
incurred in this accident.
1 S. As the direct result of defendant's negligence and carelessness as aforesaid and the
collisions that resulted therefrom, plaintiff suffered serious pain, suffering and discomfort, inability
to perfonn his nonnal routine, household activities, and a loss of life's pleasures, and will
probably again in the future suffer serious pain, suffering and discomfort and related affects on his
enjoyment oflife due to future mediciJ care related to the injuries incurred in this accident.
16, As the direct result of defendant's negligence and carelessness as aforesaid and the
collisions that resulted therefrom, plaintiff, Belly DeRenzo, Francis J. DeRenzo's spouse, suffered
the loss of her husband's affections, care and companionship during the time of his treatment, care
and recuperation from his injuries, and will probably again in the futu~e suffer similar losses due to
future medical care related to the injuries incurred in this accident.
WHEREFORE, plalnlifti demand judgment apInat the, defendant in an amo~nt in OltCClIS ,
ofTwenty.ftve Thousand and no/100 ($25,000.00) Dollars, plus costs ofthls action, attorney foes
and delay damages.
December 1', 19'4.
I:J~U)I .
HAROLD S. IRWIN III
Attorney for plaintiffs '-
36 South Pitt Street
Carlisle, PA 17013
(717) 243-60'0
,
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Supreme Court ID No. 19910
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FRANCIS J. DeRENZO and
ELIZABETH A. DeRENZO, his
wife,
plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
I
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.
v.
NO. 94-7301 CIVIL TERM
BRADLEY C. SHOVER,
Defendant
JURY TRIAL DEMANDED
AIISWIIR WITH .n IlATTBR OJ' DII'BIIDAIIT. SBOVIR
1. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of paragraph 1.
Therefore, each and every averment of
Paragraph 1 is specifically denied and strict proof thereof is
demanded at the time of trial.
2.
3.
4.
5.
6.
stop and
Admitted.
Admitted.
Admitted.
Admitted.
Admitted that at said time and place, Defendant failed to
struck plaintiff's vehicle in the rear. It is further
admitted that plaintiff'S vehicle collided with a pick-up truck in
front of Plaintiff.
7. The averments of paragraph 7 constitute a conclusion of
law to which no response is required.
To the extent that a
response is deemed required, it is admitted that the Defendant's
negligence caused the collision referred to in the Plain~itf'B
l.:omplaint.
8. The averments of Paragraph 8 constitute a conclusion of
law to which no response is required. To the extent that a
re.ponse is deemed required, it is admitted that the Defendant's
negligence caused the collision referred to in the Plaintiff's
Complaint.
9. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of Paragraph 9. Therefore, each and every averment of
Paragraph 9 is specifically denied and strict proof thereof is
demanded at the time of trial.
10. After reaeonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of Paragraph 10. Therefore, each and every averment of
Paragraph 10 is specifically denied and strict proof thereof is
demanded at the time of trial.
11. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of Paragraph 11. Therefore, each and every averment of
Paragraph 11 is specifically denied and strict proof thereof is
demanded at the time of trial.
12. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of Paragraph 12. Therefore, each and every averment of
2
Paraqraph 12 is specifically denied and strict proof thereof is
demanded at the time of trial.
WHEREFORE, Defendant, Bradley C. Shover respectfully requests
your Honorable Court to dismiss the Plaintiff'. Complain~ with
prejudice.
... 11&'1''1'0
13. Defendant believes and therefore avers that 80me or all
of the injuries referred to in the Plaintiff'. Complaint were the
result of pre-existinq conditions, or other accidents or injuries
that occurred prior to the collision referred to in the Plaintiff's
Complaint.
14. Defendant believes and therefore avers that the recovery
of some or all of the damaqes referred to in the Plaintiff's
Complaint are barred pursuant to the Pennsylvania Motor Vehicle
Financial Responsibility Act.
WHEREFORE, Defendant, Bradley c. Shover respectfully requests
this' Honorable Court to dismiss Plaintiff's Complaint with
prejudice.
DATE:
. 1/-(11$
BY:
Respectfully submitted,
~WIX, WENGER & WEIDNER
_:J~_ ___ '.-1 II, :A .-t...;...
c ara H. wlx, Esquire .
ID# 07274
4705 DUke street
Harrisburq, PA 17109
(717) 652-8455
3
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INTERROGATORIES - SET I
1. State your full name, address, Social Secud,ty Number
and date of birth,
ANSWER: Francis J. DeRenzo
711 Longs Cap Road
Carlisle, PA 17013
S.S.# 084 24 0928
D.0.B.06/22/33
2. If you have at any time during your lifetime been
admitted as, a patient in a hospital for any illness, accident,
ailment or condition, state names and addresses of hospitals in
which you were confined or treated, the conditions for which you
were treated, and the dates of your hospitalization.
ANSWERd.St. Josephs Hospital, Elmira, NY
Approximatly 1940- Appendectomy
2. Holy Spirit Hoepital, Camp Hill PA
11/26/90 thru 11/26/90- Torn Rotator Cuff
3. (See attached)
3. State the name and address of any doctors or other
health care personnel who hRve examined or treated you for injuries
received in the accident referred to in your Complaint.
ANSWER:
1. DR. IRA J. PACKMAN 106 Louther St. Lemoyne, PA
2. DR WILLIAM J. POLACHECK JR, 99 November Drive, Camp Hill, PA
3. HOLY SPIRIT HOSPITAL ER & X-RAY DEPTS
4. SEIDEL MEMORIAL HOSPITAL - PHYSICAL THERAPY DEPT, MECHANICSBURG,
PA 17055
.
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5. CENTRAL PENNA MRI CENTER, MECHANICSBURG PA 17055
6. Mechanicsburg Rehab Ctr. (Now Health South ), CENTURY DRIVE,
Mechanicsburg PA
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4.' If you were involved in an accident previo~s or
subsequent to the accident complained of in this action, state where
and when the accident took place, the nature and extent of your
injuries and conditions resulting from such accident, including
whether or not the injuries or conditions were temporary or
permanent, and the names and addresses of the doctors who attended
you.
ANSWER:
10/26/90 - Graham Buick Cadillac GMC Truck - Service
Department - Fall in ehop resulting in torn rotator cuff in
right shoulder. Use of shoulder and arm retruned to normal
after surgery & therapy. Dr. William J. Polacheck Jr. Camp
Hill PA
5. If you have ever filed an action against any person
for damages for personal injuries, other than this action, state the
caption of the case, including the name of the person you sued, .the
name of the Court, and term and number of the action.
ANSWER: NONE
,
6. State the names and addresses of each employer or
business for whom you have worked during the five year period
preceding this accident, including the nature of your duties and the
dates when you were engaged in such employment.
ANSWER:
1. O'Donnell Acura/Oldsmobile, Mechaniceburg 12/92 to
present
2. Graham Buick Cad i Uac GMC Truck, 12/89 to 6/91
(See attached)
- 2 -
7,
8.
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QUESTION 8
I,
Cumberland County Courthouse
I C"urthouse Square
Carlisle PA 17013
a. accident report
b. complaint filed
c. service of process
d, prothonotary
$ 5,00
56,20
18.80
45,50
, ,
2,
A.Z. Ritzman Assoc, Inc"
PO BOl' 655
Camp Hill PA 17001-0655
92,00
3.
BOG Associates5499 William Flynn Hgwy
Suite 200
Gibsonia PA 15044-9697
63,00
4,
Weis Pharmacy
351 E High St
Carlisle PA 17013
191.53
5.
West Shore Anestheeia
PO box 1050
Camp Hill PA 17011-1050
968,00
6.
West Shore Pathology
PO Box 3187
WestcosvillePA 18106-0187
190,00
Internists of Central PA
108 Louther St
Lemoyne PA 17043-0107
954,16
Dr William ], Polacheck
99 November Drive
Camp Hill PA 17011-5097
5694,00.'
.This amount represents the total between December 1993 to present, There maY
be other bills between February 1993 to December 1993.
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QUESTION. 2.1.
21.
very
and
and
Although I am able to perform my current duties, I was
limited until recently due to my difficulty getting in
out of cars, especially back seats of our smaller cars,
my inability to operated manually shifted cars.
My supervisors during this time were Mr. Samuel E.
Glover, (current eupervisor) O'Donnell Acura/Oldsmobile, 6271
Carlisle Pike, Mechanicsburg, PA 17055 and Mr. George
Sim:,eone who now resides at 25 White Run Lane, Gettysburg, PA
17325. (Mr. Simeone tas previous supervisor)
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be lypewrlllen and submitted In duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
X) for JURY trial allhe nextlerm of civil court.
for trial without a jury,
.
.........................................................................................................................................................................-...
CAPTION OF CASE
(entire caption must be stated In full)
Francia J. DeRenzo and
Elizabeth A. DeRenzo, his
wite,
(check one)
Auumpslt
( )
l)()
,
( )
Trespass
Trespass (Motor Vehicle)
(PlaIntiff)
(other)
vs.'
BradleyC. Shover
The trial list will be called on _ June, 11. 1996
and
Trials commence on July 8, 1996
(Defendant)
Pretrials will be held on June 19, 1996
(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,)
Va.
94-7301 CIVIL TERM
No. _ Civil _, 19,__
Indicate the allorney who will try case for the party who flies this praecipe:
Harold S. Irwin ~II, Esq, Attorney for plaintiff
Indicate trial counsellor other parties If known:
-------_._._~....- --_.__.._......_-~
RiChard C. Wix, Eaq, Attorney tor defendant
This case Is ready lor trial,
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Print Name: --1:IllrO).9.. ~_,IJ:!!'.i I II
Attorney for: ,_, P la,i.ntiJ..t:_____.,.___
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