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HomeMy WebLinkAbout08-4911IL _. +, R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Ann Turner Telephone: (717) 2347828 Facsimile: (717) 2346883 ANN TURNER 2303 Valley Road Harrisburg, PA 17104 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, DOCKET NO. 08 - ft j CIVIL ACTION V. William Scott Setzer, M.D. and Bowmansdale Family Practice and Heritage Medical Group, LLP 1 Kacey Street, Suite 101 Mechanicsburg, PPA 17055 Defendants JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action. 3 Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff Robin Marzella.. Esquire 3513 North Front Street Harrisburg, PA 17110 (717) 2347828 Names?AddresvTelephone No. of Attorney gnatur Attorney Supreme Cour ID No. 66856 Date: 15 eiq<< lesm • - -. N WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Pr thono Date: 8115 LD$ by Deputy ( ) Check here if reverse is used for additional information. 4A CXI) 7 !Tl T M Ls w 1 i ,- Y': r?, 1"6 CRAIG A. STONE, ESQUIRE I.D. No. 15907 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorney for Defendants ANN TURNER Plaintiff V. WILLIAM SCOTT SETZER, M.D., BOWMANSDALE FAMILY PRACTICE, AND HERITAGE MEDICAL GROUP IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PA CIVIL ACTION NO: 08-4911 CIVIL TERM JURY TRIAL DEMANDED Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendants, William CO By: Y, WARNER, 4200 C s Road, Suite B Harrisbur , P 17112 (717) 651 35 Scott Setzer, M.D., Bowmansdale Family Practice and Heritage Medical Group, in the above- captioned case. r Dated: U .,v Id% CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Entry of Appearance has been served upon the following known counsel and parties of record this day of August 2008, via United States First-Class Mail, postage prepaid: Robin J. Marzella, Esquire R.J. Marzella & Associates 3513 North Front Street Harrisburg, PA 17110 ENNEHEY, WARNER, COLEMAN & Craig A. 05i423775.vl ??? -?. ?-•+ .? : 4 ? ? ?? r?.? ;, ?=-, _x, w.? =; ?. . i„ j .. . e W ? ? t y ? ? 1 v*' SHERIFF'S RETURN - REGULAR CASE NO: 2008-04911 P 4 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TURNER ANN VS SETZER WILLIAM SCOTT MD ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SETZER WILLIAM SCOTT MD the DEFENDANT , at 0009:37 HOURS, on the 20th day of August 2008 at 1 KACEY COURT SUITE 101 MECHANICSBURG, PA 17055 TONI HOKE by handing to OFFICE MANAGER together with and at the same time directing Her attention to the contents thereof. a true and attested copy of WRIT OF SUMMONS Sheriff's Costs: ? Docketing Service ??4108 Affidavit OIL Surcharge Postage Sworn and Subscibed to before me this of So Answers: 18.00 11.00 .00 10.00 R. Thomas Kline .58 39.58 08/20/2008 RJ MARZELLA By. day De uty heriff A. D. SHERIFF'S RETURN - REGULAR r CASE NO: 2008-04911 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TURNER ANN VS SETZER WILLIAM SCOTT MD ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon T (nWMANMnAT,F. 7AMTT,V PRArTTrF the DEFENDANT , at 0009:37 HOURS, on the 20th day of August , 2008 at 1 KACEY COURT SUITE 101 MECHANICSBURG, PA 17055 TONI HOKE by handing to OFFICE MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit 1140, Surcharge orb Sworn and Subscibed to before me this of So Answers: 6.00 .00 00 Mad 10.00 R. Thomas Kline .00 16.00 08/21/2008 RJ MARZELLA By: day A. D. Sher SHERIFF'S RETURN - REGULAR r CASE NO: 2008-04911 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TURNER ANN VS SETZER WILLIAM SCOTT MD ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS the HERITAGE MEDICAL GROUP LLP was served upon DEFENDANT , at 0009:37 HOURS, on the 20th day of August , 2008 at 1 KACEY COURT MECHANICSBURG, PA 17055 TONI HOKE SUITE 101 by handing to OFFICE MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 91?a0a .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 08/21/2008 RJ MARZELLA Sworn and Subscibed to By: before me this day De t Sheriff of A.D. R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Ann Turner Telephone: (717) 234-7828 Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ANN TURNER 2303 Valley Road Harrisburg, PA 17104 Plaintiff, V. William Scott Setzer, M.D. and Bowmansdale Family Practice and Heritage Medical Group, LLP 1 Kacey Street, Suite 101 Mechanicsburg, PA 17055 Defendants DOCKET NO. CIVIL ACTION JURY TRIAL DEMANDED PLAINTIFF'S COUNSEL'S PETITION TO WITHDRAW AND NOW COMES, Plaintiff, Ann Turner, by and through her counsel, R.J. Marzella and Associates, P.C., hereby petition for leave of Court to allow R.J. Marzella & Associates, P.C. to withdraw as counsel for the Plaintiffs in the above captioned action and in support thereof aver as follows: 1. Plaintiff, Ann Turner currently resides at 2303 Valley Road, Harrisburg, Pennsylvania, 17104. 2. This medical malpractice action was instituted on or about August 15, 2008 by way of filing a Writ of Summons. 3. Because of professional considerations that have been fully disclosed to the Plaintiff, the undersigned counsel is no longer able to pursue this lawsuit on behalf of Ann Turner. 4. Plaintiff understands the reasons that counsel can no longer pursue this litigation on her behalf. 5. Undersigned counsel has instructed Plaintiff, Ann Turner to obtain new counsel to undertake representation of the Plaintiff in this matter. 6. Counsel for Plaintiff requests sixty (60) days from the date of this Honorable Court's Order, granting leave to withdraw, to obtain alternative counsel of record on behalf of Plaintiff and to file a Complaint. In the interim, we would request that no action be taken by Defense Counsel to prejudice Plaintiff's rights. 7. At the conclusion of the sixty (60) days from the date of this Honorable Court's Order, should Plaintiff fail to file a Complaint, Defendants shall be free to enter Judgment Non Pros. 8. Defense counsel concurs with the requested relief in this Petition. WHEREFORE, Plaintiffs request this Honorable Court enter the Proposed Order. Respectfully submitted, R. J,34afzella & Associates, P.C. Dated: v Esquire CERTIFICATE OF SERVICE 1, Cynthia von Schlichten, hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 11th day of December, 2008, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Craig A. Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 R. J. MARZELLA & ASSOCIATES, P.C. BY: C THIA VON SCHLICHTEN, LAW CLERK :?" 'i_s- ? ? f"r'p {"? ; t''"°B !7;.. G `1'??-`-?; si ?... ?j v , ^'J :S7 C.% i °'G R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Ann Turner Telephone: (717) 234-7828 Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ANN TURNER 2303 Valley Road Harrisburg, PA 17104 Plaintiff, V. William Scott Setzer, M.D. and Bowmansdale Family Practice and Heritage Medical Group, LLP 1 Kacey Street, Suite 101 Mechanicsburg, PA 17055 Defendants DOCKET NO. 68- 4q ?1 CIVIL ACTION JURY TRIAL DEMANDED PLAINTIFF'S COUNSEL'S PETITION TO WITHDRAW AND NOW COMES, Plaintiff, Ann Turner, by and through her counsel, R.J. Marzella and Associates, P.C., hereby petition for leave of Court to allow R.J. Marzella & Associates, P.C. to withdraw as counsel for the Plaintiffs in the above captioned action and in support thereof aver as follows: 1. Plaintiff, Ann Turner currently resides at 2303 Valley Road, Harrisburg, Pennsylvania, 17104. 2. This medical malpractice action was instituted on or about August 15, 2008 by way of filing a Writ of Summons. 3. No judge has ruled on any issue in the same or related matter. 4. Because of professional considerations that have been fully disclosed to the Plaintiff, the undersigned counsel is no longer able to pursue this lawsuit on behalf of Ann Turner. 5. Plaintiff understands the reasons that counsel can no longer pursue this litigation on her behalf. 5. Undersigned counsel has instructed Plaintiff, Ann Turner to obtain new counsel to undertake representation of the Plaintiff in this matter. 6. Counsel for Plaintiff requests sixty (60) days from the date of this Honorable Court's Order, granting leave to withdraw, to obtain alternative counsel of record on behalf of Plaintiff and to file a Complaint. In the interim, we would request that no action be taken by Defense Counsel to prejudice Plaintiff s rights. 7. At the conclusion of the sixty (60) days from the date of this Honorable Court's Order, should Plaintiff fail to file a Complaint, Defendants shall be free to enter Judgment Non Pros. Defense counsel concurs with the requested relief in this Petition. WHEREFORE, Plaintiffs request this Honorable Court enter the Proposed Order. Respectfully submitted, Dated: R. J. Marzella & Associates, P.C. CERTIFICATE OF SERVICE I, Cynthia von Schlichten, hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 19th day of December, 2008, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Craig A. Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 R. J. MARZELLA & ASSOCIATES, P.C. Y i j BY: C HIA VON SCHLICHTEN, LAW CLERK ?_° ;? :? _., > ?? ?....? ?-- - -?, a:: i .,_a ??` `- ;?: ?.? c??' ? c ,. DEC 17 2006 67 R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Ann Turner Telephone: (717) 234-7828 acsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ANN TURNER DOCKET NO. 08-4911 2303 Valley Road : Harrisburg, PA 17104 Plaintiff, CIVIL ACTION V. 1-.. -- - William Scott Setzer, M.D. and Bowmansdale Family Practice and Heritage Medical Group, LLP 1 Kacey Street, Suite 101 Mechanicsburg, PA 17055 Defendants JURY TRIAL DEMANDED ORDER AND NOW, this 3a r day of , 2008, Plaintiff's Counsel's Petition to Withdraw as counsel of record is GRANTED and IT IS HEREBY ORDERED AND DECREED that Plaintiff has sixty (60) days from the date of this Order to obtain substitute counsel, and sixty (60) days from acquiring counsel to produce expert reports. All new deadlines established by this order will supersede all deadlines established in previous orders (including, but not limited to, all scheduling orders). ltd _ c J By way of this order, this court acknowledges that Plaintiff has agreed to dismiss this action if an expert report has not been provided to defense counsel within one-hundred and twenty (120) days of this order. BY THE COURT: CRAIG A. STONE, ESQUIRE I.D. No. 15907 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorney for Defendant William Scott Setzer, M.D. ANN TURNER Plaintiff V. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PA CIVIL ACTION NO: 08-4911 CIVIL TERM WILLIAM SCOTT SETZER, M.D., BOWMANSDALE FAMILY PRACTICE, AND HERITAGE MEDICAL GROUP JURY TRIAL DEMANDED Defendants PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiff, Ann Turner, to file a Complaint in the above- referenced matter within twenty (20) days of service thereof or risk a judgment of non rhos. Y, WARNER, Dated: By: Crarg tome, Esquire 4200 C s Mill Road, Suite B Harrisb g, PA 17112 (717) 651-3500 ANN TURNER Plaintiff V. WILLIAM SCOTT SETZER, M.D., BOWMANSDALE FAMILY PRACTICE, AND HERITAGE MEDICAL GROUP IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PA CIVIL ACTION NO: 08-4911 CIVIL TERM JURY TRIAL DEMANDED Defendants RULE AND NOW, this day of Maa& , 2009, upon consideration of the foregoing Praecipe, Plaintiff is hereby ordered to file his Complaint within twenty (20) days hereof or suffer judgment of non pros. BY THE PROTHONOTARY: 2 J ?? ? , . 0 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR A RULE TO FILE COMPLAINT has been served upon the following known counsel and parties of record this day of March 2009, via United States First- Class Mail, postage prepaid: Ann Turner 2303 Valley Road Harrisburg, PA 17104 05/477032.0 Robin J. Marzella, Esquire R.J. Marzella & Associates 3513 North Front Street Harrisburg, PA 17110 Courtesy Copy <4 LJA-eu"J'-? Sarah Doerfler 3 k.' c?3 cr "? ANN TURNER IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION V. NO: 08-4911 CIVIL TERM WILLIAM SCOTT SETZER, M.D., BOWMANSDALE FAMILY PRACTICE, AND HERITAGE MEDICAL GROUP JURY TRIAL DEMANDED Defendants ORDER AND NOW this G ` day of W ?•1 , 2009, upon consideration of the within Stipulation of Pro Se Plaintiff and counsel for the Defendants Stipulation is approved and the above captioned civil action is hereby voluntarily discontinued, terminated and ended, with prejudice. 1 05i479078.v I v _W C1 Fri ._.? ? CL- Qt a: LU 3CL V