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HomeMy WebLinkAbout07-2045>r^~ ~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM ~/ f /,31d l DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 % 020Sf5 fn,i~.'I /C.rn.~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ~G'~v2C~.~ ~~~ J teas I ,~9.~^,.%- 03 I ~ l~IG'HA~.D S DoU~°~!~-Q~"y 3--, / ~ _" d 7 ~ EO ~~~ ~ ~O ,~ p L ` S'P~l?L ~ PI ~"AL DOCKE7 No. SIGNATURE OF APPELLANT O ATTOR EY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDERS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature o/ Prothonotary or l~puty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellees) appellee(s), to file a complaint in this appeal (Common Pleas No. )within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature o/appellant or attorney or agent RULE: To , appellees) Name o/ appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE N071CE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLA/NT (This proof of service MUST 8E FlLED WITHIN TEN (10) DAYS AFTER feting of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: 1 hereby (swear) (affirm) that I served ^ a copy of the Notice of Appeal, Common Pleas ,upon the District Justice designated therein on (date of service) , 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED} AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom affidavit was made Signature of affianf A n ~ o ~ ~ ` - _ --~ , ~ v y ' ~ Q ~ ~ ~ ~ l p N [~ . ~. i~~ ~ ~` s l .~ ' 1 ~ .: ~ ~_ n /-~ i , Title of official My commission expires on , 20 ~~ CpMM~JNW~AhI"H OF PENNSYLVANIA COUN fY C)F: CHlsBBW~Pi1RD M9g UiEI, Nu 09-1-03 Mr1J Nama Mnr~ $YGHARD $. DOD(~BSBTY AUCrasa, ~$ $ E>POLA DR 8TE 1 8>siOLA, PA ~~~~,~~~~~~~~ (717) 728-2805 17025 ~$oxa$ H. >lsiROB 559 PLRASAl~I'P vTHOi 1tQAD L894'I $HE>6CRY, PA 17 3 3 9 TIiIS IS TO NOTIFY YOU THAT: Judgment; DSFA'I~,T ~UD~I811i'P D$F. Judgment w~~, entered far: .Judglrent was 6nlered against in the nmaunt of $ lJ Dcfcnd~ants are jointly end severally liable.. Damages will bP assessed on Date & 7irr-e This case dismissed without prejudice. Amaunt of Jljdyml~nt Subject to Attachment/~1~2 Pa.C.S. § 8127 $ -. ..._ Portion of Judgment for physical damages 2rising aut of residentis~l lease $ . _ NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE rNLAIfV I~If'F: NnMF;,~„i nuoHtsS r>lSIHr3~, GBO~tcg H ~ 559 FLBASAal7T vi8if ROAD LBt1VI SBSBRY, PA 17 3 3 9 L J V$. DEFENDANT: NnMt anu nuuhESs rHOLY 8>pxZtlT SaSPZTAL -l 503 N. 21ST $TRBST CA11fri gZLL, PA 17 01 ~. L J Docket No.; CV-OOd0030-07 IaAtP Fi,ea: z/2a/o7 - (Date of Judgment) 3/19/07 (Name} HOLY $PISYT HOSPITAL (Nam) MI~C08, C#SCRC~B 8 ., ~. ~ .00 Judgment Costs $ • Interest on Judgment $ Attorney Fees $ - 00 Total $~00 Post Judgment Credits $ Nost Judgment Costs $ Certified Judgment Total $ ANY PARTY WAS TWE RIGHT TQ APPEAL WiTNIN 34 4AV$ AFTER "r'H6 ENTgV OF JUDGMENT F!V FILING A NOTICE QF APPEAL WITH TFIE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISIQN. YOU wiusl Inuwut A uuNr Qf rWls NQTICE OF JUDGMENT/TRANSCFiIPT FARM wlrrl YOUR Nurlct ur ArrtAL. EXCEPT AS OTHERWISE pFre7VIOED IN TWE RULES fDF GIVIL PRgCEDURE FOri MAGISTERIAL DISTRICT JUDGES, IF TWE JUDGEMENT HOLi}ER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCES8 MAY BE ISSUED BY'rHE MAGISTERIAL DISTRICT JUDGE . UNLE55 THE JUDGMENT IS ENTERED IN THE COURT pF COMMON PLEAS, ANYQNE INTERESTED IN THE JUDGMENT MAY FILE A HCl.lut5 f FUW ENTRY OF SATI$FAGTIUN WITH TWE, MAGISTERIAL Dr$TRICT JUDGE IF THE JUUCiMtN I UCC i Vhf rarb uv r~~~, ,t ~ I LtS, UFt Ul HEHWISE (:UMPLItS WI'1'H'fFIE JUDGMENT- ngs containing the judgment. Magisterial District Judge My commission expires first Monday of January, 2U1~ S~Al. AUPG 315.06 DATB P8I)slT$D : 4 / 13 / 0 7 11; 3 4 : d 0 A1[ IiI'd ~LS90~ZL1;Z:o1 808Z8ZLZtiL .11~J8HJflOG !'OW:wo.a~ 8Z~ZT L©0Z-~1:-Jdd D IJate ~f ~r I certify that this is a true and co eel copy th Of Date ,Magisterial District _. .: ,, . _ Y , .~ '• m ~ ~ ~ - ~ , m ~• ~ ~ , ~ _ e, - ..(~ ~ ~ $ ~..~....~ p-~ $ Postage Postage '~. _""' ~~ ~ Certified Fee ~'%' ~~' ~ ,, `~ -- \'~'\ ar`Ic. t P ~ p Certified Fee ~' .. , ~ p m os p Po~imark '* p ~ Return Receipt Fee ~.1 ~~ (Endorsement Requred) r'., Here 1 C' c , ° i p Return Receipt Fee (Endorsement Required) ~. C ~ Hers. ~~ ` O Restricted Delivery.Fee ~3 . ~I I 1 4 " 3, ~ ~ p ~ Restricted Delivery Fee (Endorsement Required) ~ it ~ I_~ ~` - •~ ri (Endorsement Requred) ~ ~ ~ r~ , r fTl $ & Fees $ ;~ ' a tJ~fl°r'~171d] ~ f , , m Total Postage & Fees ~ s~'~4~PS 'V ii~1~1°li~ ~ Total Postage , ~~ ~ 0 p nt To ' ~ ~ ~_~--- -- -- • ---------°- - - - • ---~-- --------- p ent To - ------ °•------- ---°------ S4reet A t N ~- n --- - - -- ----- --- ----- ~" -- - - r~- -- ----- -------- Street, APt. No.: No - ~~ ~ I r 1~ l : y -- ------------ p . o.: or PO Box No. ti ~ ,, ,. 1 a ~, ,, .~ , c•~ \,~ . orP08ox Ciry, State, ZIP+4 -- • :r~ PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO f1fLE COMPLAJNT (This proof of service MUST BE FILED W!'THJN TEN (10), DAYS AFTER filing of fhe notice ~ appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ (J ~~~I~,L~l1,~~ ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ^ a copy of the Notice of Appeal, Common Pleas p 7; ,?p ,upon the District Justice designated therein on ~' (date of service) ~- ' /'~ , 20 ©~ ", ^ by personal service ®by (certified) (registered) mail, sender's receipt attached hereto, and upon the apP~ (name) ?,.~~i j ',/ ~'(~/R 1 ( f~l ~ L°n Y - !~ , 20~ ^ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFF MED) AND SUBSCRIBED BEFORE ME THIS / ~~~ p~~~AY OA~F ~4~K-i ~ , 20~. ~ C..~~•--•..~ Signature of official before whom affidavit was made ,vo~~y ~45~,~ Tttfe of official My commission expires on 7 - 3 ( , 20 b ~. NO~tW8Ml F~Nrv tNy Cotnei~n ,~„y at t?l1006 Tip OF Yl. A tlMmb~r, P~nmyhf+~nbl A~ W -''=:~:rn d Notaries Signature of afflant a ~y C:;; ~ ~~ tl) c;., ~~jj ~~~ ~ ~~ ~ 3D ~ tV ,.~ Cf3 fi e =~ ~Vmmvnvrltro-~ t h VI' f'CNNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM L/~1 ~~1~ ~ DISTRICT JUSTICE JUDGMENT COMMON" PLEAS No. ~" ;~- ;~ c`` `~ L.. , ~ , "1 ~ r .~, NOTICE OF APPEAL Notice is given that the appellant hi3s:ffed in the above Court of Common Pleas an appeal from the judgment i`eq~lered by the District Justice on the date and in the case referenced below. '~'~ `' C.~irL. J~''(1 i'tC3..5' I Q~~'~.."~°" ~'~ I '/Cf~/~k~p ~ .ppC1 ~/r'~'~~ ADDR SS OF APPELLANT CITY STATE 71P (: nc •,,• • ~ ~ m verse u rti m -- -- o ~a - l~'11 h'aS ,~ yo ~. ~ `sP~I?1 T ~c~sPJ r~ DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT y ....,~~ This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDERS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature o1 Prothonotary or DsprAy PRAECIPE TO ENTER RULE TO FILE COMPUUNT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDAN1r (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appea! to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appetlee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. )within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To , appelles(s) Name of appellees) Signatwe of appellant or attorney or agent (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is tfxe date of the mailing. Date: , 20 _, Signature of Prothonotary er DeP+~Y .. ,F ,~ . YOU MUST tNCLUI)E'A CQi?if:~F TN1= NOTiCrE OF JUO~MEN~'/-TRANIPT FORM 1Mf~i~~lilS NOTICE. OF AF~REA{..` ,.~ AOPC 312-02 113378 o~-aoy~ DICI{IE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY FOR: DEFENDANT ATTORNEY I.D. N0.27594 HOLY SPIRIT HOSPITAL BY: AARON S. JAYMAN, ESQUIRE ATTORNEY I.D. N0.85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) 717 731-4803 ag GEORGE H. MIKOS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. HOLY SPIRIT HOSPITAL, NO. CV-0000030-07 MEDICAL MALPRACTICE ACTION Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel for Defendant, Holy Spirit Hospital, in the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: A ri127 2007 By: Francis E. ha ., Esquire ATTO 0.27594 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendant, Holy Spirit Hospital 1 CERTIFICATE OF SERVICE AND NOW, April 27, 2007, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: George H. Mikos 559 Pleasant View Road Lewisberry, PA 17339 (Unrep. Plaintiff) Aaron S. a qui ~ ~ ~x e~ ~ " ` ii ii ~~ ~r~;T ,v,i ~, ; t ;~ mss..} ~^`.~ ~ A 113915 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY FOR: DEFENDANT ATTORNEY I.D. N0.27594 HOLY SPIRIT HOSPITAL BY: AARON S. JAYMAN, ESQUIRE ATTORNEY I.D. N0.85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (7171731-4803 (Fax) GEORGE H. MIKOS, Plaintiff v. HOLY SPIRIT HOSPITAL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-2045 MEDICAL MALPRACTICE ACTION Defendant JURY TRIAL DEMANDED TEN DAY NOTICE To: George H. Mikos 559 Pleasant View Road Lewisberry, PA 17339 Date of Notice: May 4, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THE ABOVE MATTER. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Office of Prothonotary Cumberland County Lawyer Referral Service Cumberland County Courthouse Cumberland County Bar Association One Courthouse Square 32 S. Bedford St. Carlisle, PA 17013-3387 Carlisle, PA 17013 (717) 240-6195 (717) 249-3166 (800) 990-9108 Respectfully submitted, DICHIE, MCCAMEY & CHILCOTE, P.C. Date: May 4, 2007 By: Francis ar al J ,Esquire ATTORNE 0.27594 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendant, Holy Spirit Hospital 2 CERTIFICATE OF SERVICE AND NOW, May 4, 2007, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing TEN DAY NOTICE upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Certified Mail: George H. Mikos 559 Pleasant View Road Lewisberry, PA 17339 (Unrep. Plaintiff) r-~ ti~ C . --~ .a ;~~ ~ . -~ -c~ } ~ x , .. - .~ . { ~-{~ ,~ __.; ~ ' `; -.~ ~~~ '~„ ~ "` ~ April 17, 2006 George Mikos IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 2045 Civil Term Holy Spirit Hospital Defendant COMPLAINT On Sunday, October 2, 2005, I had an accident while tilling my garden that resulted in a deep gash on the top of my knee. Since the accident happened while working in the garden, a lot of dirt had collected in the injury. I drove myself to Holy Spirit Hospital for emergent treatment where Ms. Susan Miller and emergency room staff attended to my cut knee. At the time of treatment, Ms. Miller stated that she didn't think that she could get all of the dirt out of the wound and she called for assistance to evaluate and help clean the wound. Exhibit "A" applies. I began taking Cephalexin SOOmg on Sunday, October, 2005. The next day, Monday, October 3, 2005 I went to work. There was virtually no pain from the wound. On the next day, Tuesday, my entire leg started to swell. Then on Wednesday my entire leg was inflamed and my knee had swollen to twice its size and was extremely painful! I called my family doctor, Dr. Cox, and was told to come right over to his office so he could take a look at my leg. Dr. Cox told me that my entire leg was infected and needed immediate medical attention or I may lose the leg. At that time, Dr. Cox made the arrangements for me to go to Pinnacle Health Hospital. Exhibit "B" provides the progress notes that details the treatment provided Dr. Cox. Dr. Grandino performed surgery on my knee on Wednesday evening, October S, 2005, at Pinnacle Hospital. Dr. Grandrino can attest to the inordinate amount of dirt that was left in the wound by the attending emergency room personnel. The ensuing infection would have resulted in the removal of my leg if left untreated. I had to stay in the hospital for four days to monitor the infection and was released on October 9, 2005. Exhibit "C" is germane. For nearly a month I was under the Apri Health care and had to carry an antibiotic tank. I got extreme diarrhea and developed a yeast infection. I lost one month of work and there are some outstanding medical bills that still need to be paid. In addition, I still have some pain in the knee and leg. Obviously, there is clear and convincing evidence of negligence by the Holy Spirit emergency staff that resulted in a serious infection that forced me into the hospital for neazly a week and to remain on continuous intravenous antibiotics for nearly a month. This was a major disruption of my life and livelihood that could have been totally avoided if the wound was tended to in an appropriate fashion by the Holy Spirit emergency staff. The tangible monetary loss resulting from the medical negligence is approximately $7,000.00 from medical bills and loss of work. f~~~ t„ar ~.? ;_. ' d ~ ~ _ i j S_ }' C~ L ,r W ~ L ~ - ' ~' ~ ..:~__S C1- ~y ~ ~ l 123120 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY I.D. N0.27594 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY I.D. N0.85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Faz) GEORGE H. MIKOS, Plaintiff v. HOLY SPIRIT HOSPITAL, Defendant ATTORNEY FOR: DEFENDANT HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-2045 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF NON PROS'- TO THE PROTHONOTARY: Enter judgment of non pros against Plaintiff, George H. Mikos, in the professional liability claim against Defendant, Holy Spirit Hospital, in the above captioned matter. I, the undersigned, certify that the Plaintiff named above has asserted a professional liability claim against the Defendant named above, who is a licensed professional, that no certificate of merit has been filed within the time required by Pa.R.C.P. 1042.3 and that there is no motion to extend the time for filing the certificate pending before the court. Respectfully submitted, DICHIE, MCCAMEY & CHILCOTE, P.C. Date: July 9, 2007 By: Francis 1, Jr., Esquire ATTO .D. N0.27594 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendant, Holy Spirit Hospital 2 CERTIFICATE OF SERVICE AND NOW, July 9, 2007, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF NON PROS upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: George H. Mikos 559 Pleasant View Road Lewisberry, PA 17339 (iJnrep. Plaintiff) Aaron S. Jaym 're C'? ~ C7 ~.. ~ C~~ ; ~ t-- -r'- ~ C3 'i-- ~ , ~ W t ~ s a' °~= -y-t ~r f i -~: 7 ~~ ~`', ~ E'~r:S "'- C " \ f _~ ~3 ~ Q \ "^~c.