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HomeMy WebLinkAbout12-4661t_ED-OF FIGE fir Tk rROTHONOTAR'` =2 1111 75 PM Z: 19 R. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esq. PA SUPREME COURT I.D. No. 86702 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 p??iSYLOVA A TY Attorney for The Estate of Molly Vogelsong and Robert Vogelsong IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT VOGELSONG AS ADMINISTRATOR DOCKET N0. C.4ll? FOR THE ESTATE OF MOLLY VOGELSONG; AND ROBERT VOGELSONG PLAINTIFFS, PROFESSIONAL MEDICAL NEGLIGENCE V. HOLY SPIRIT HOSPITAL; COLBY SHIRK, M.D.; EMCARE, INC.; EMCARE MEDICAL SERVICES OF PENNSYLVANIA, P.C.; EMCARE OF PENNSYLVANIA, INC.; EMCARE PHYSICIAN PROVIDERS, INC.; AND EMCARE PHYSICAN SERVICES, INC.; 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. The addresses of all Parties: Plaintiff: Robert Vogelsong 55 Glendale Drive Mechanicsburg, PA 17050 Defendants: Holy Spirit Hospital 503 N. 21" Street x`50 Camp Hil, PA 17011 GU?-W,3.-7S O d Cka a Coo ??_ 4- Colby Shirk, M.D. 503 N. 215L Street Camp Hill, PA 17011 EmCare, Inc. EmCare Medical Service of Pennsylvania, P.C. EmCare of Pennsylvania, Inc. EmCare Physician Providers, Inc. AND EmCare Physician Services, Inc. C/o Corporation Service Company 2711 Centerville Road, Suite 400 Wilmington, DE 19808 AND 1717 Main Street Suite 5200 Dallas, TX 75201 4 Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff Charles W. Marsar, Esquire 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Names/Address/Telephone No. of Attorney Supreme ou ID No. 86072 Date: 11112, T- I WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: S )? :z?2 - Prothonotary by Deputy ( ) Check here if reverse is used for additional information. E : i L ?iZCI"fhl0N0TA r. 2012 A111Y -9 PM 1: 26 R. J. MARZELLA & ASSOCIATES, P.CCU CCUMBEIRLAND COUNTY BY: Charles W. Marsar, Jr., Esq. PA SUPREME COURT I.D. No. 86702 3513 North Front Street Attorney for Harrisburg, PA 17110 The Estate of Molly Telephone: (717) 234-7828 Vogelsong and Robert Facsimile: (717) 234-6883 Vogelsong IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT VOGELSONG AS ADMINISTRATOR DOCKET NO._12-4661 FOR THE ESTATE OF MOLLY VOGELSONG; AND ROBERT VOGELSONG PLAINTIFFS, PROFESSIONAL MEDICAL NEGLIGENCE V. HOLY SPIRIT HOSPITAL; COLBY SHIRK, M.D.; EMCARE, INC.; EMCARE MEDICAL SERVICES OF PENNSYLVANIA, P.C.; EMCARE OF PENNSYLVANIA, INC.; EMCARE PHYSICIAN PROVIDERS, INC.; AND EMCARE PHYSICAN SERVICES, INC.; DEFENDANTS JURY TRIAL DEMANDED PRAECIPE TO RE-ISSUE WRIT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reissue the Writ of Summons attached hereto issued in the above- captioned action. R. _j, Marzella & Associates, P.C. Date: I't Charles W. Ma rt lD' 172 S .? ? a ate SP '?) 1? CL W '?kcp';k 1344115 ~- il.~~,.~un~ flT~~ t DICKIE, MCCAMEY & CHI1,60•'~I~"~P.~':t'i~J ~ "'" ~ BY: Thomas M. Chairs, Esquitrk~ n. , t ATTORNEY I.D. NO. 78565 ~~ 'tt+ t 'f L~ BY': Aaron S. Jayman, Esquire ' ATTORNEY LD. N0.85651 ~~~~ ~ 1 ~t C~V~~ i Plaza 21, Suite 302 ~D ~,x~M$~R SA ~A~t A 425 North 21st Street `(L -~ C N ~ Camp Hill, PA 17011 P L 717-731-4800 (Tele) ATTORNEY FOR DEFENDANT HOLY SPIRIT HOSPITAL ROBERT VOGELSONG AS IN THE COURT OF COMMOhi PLEAS ADMINISTRATOR FOR THE ESTATE OF CUMBERLAND COUNTY, OF MOLLY VOGELSONG AND ROBERT PENNSYLVANIA VOGELSONG, Plaintiff Y. HOLY SPIRIT HOSPITAL; CORBY SHIRK, M.D.; EMCARE, INC.; EMCARE MEDICAL SERVICES OF PENNSYLVANIA, P.C.; EMCARE OF PENNSYLVANIA, INC.; EMCARE PHYSICIAN PROVIDERS, INC.; AND EMCARE PHYSICIAN SERVICES, INC., Defendants NO. 12-4661 CIVIL ACTION -MEDICAL JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas M. Chairs, Esquire and Aaron S. Jayman, Esquire counsel for Defendant, Holy Spirit Hospital, in the above-captioned matter. Date: August 15, 2012 Respectfully submitted, DICKIE, MCC~',~i~r~it-~yIVCOT'E, P.C. By: Tho M. Chairs, Esquire Supreme Court I.D. #78565 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendants, Holy Spirit hospital CERTIFICATE OF SERVICE AND NOW, August 15, 2012, I, Thomas M. Chairs, Esquire, hereby certify that I serve a true and correct copy of the foregoing ENTRY OF APPEARANCE upon all counsel record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Hill, Pennsylvania, addressed as follows: By First-Class Mail: Charles W. Marsar, Jr., Esquire R.J. MARZELLA & ASSOCIATES, P.C. 3 513 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Colby Shirk, M.D. EmCare, Inc. c/o Corporation Service Company 2711 Centerville Road, Suite 400 Wilmington, DE 19808 EmCare, Inc. c/o Corporation Service Company 2711 Centerville Road, Suite 400 Wilmington, DE 19808 EmCare, Inc. c/o Corporation Service Company 1717 Main Street, Suite 5200 Dallas, TX 75201 Thom s M. Chairs, Esquire d ` y .~ 1 ~-~~~~ N flN4 ~~~ ~ ,~~: t ~~~ ~' pal 2:12 BY: STEVEN D. COSTELLO ZQI~ aUG ~~ ~ E-MAIL: scostello@postschell.com ~~~ Cfl~}NT I.D. # 37288 BY: REGINA. M. BLEWITT E-MAIL: rblewitt@postschell.com LD. # 205644 r~,t1t1~E N,Y~,.VA~IA FEH ATTORNEYS FOR DEFENDANTS POST & SCHELL, P.C. 1245 S. CEDAR CREST BOULEVARD SUITE 300 ALLENTOWN, PA 18103 PHONE: 610-774-0322 ROBERT VOGELSONG AS ADMINISTRATOR FOR THE ESTATE OF MOLLY VOGELSONG; AND ROBERT VOGELSONG Plaintiffs vs. HOLY SPIRIT HOSPITAL; COLBY SHIRK, M.D.; EMCARE, INC.; EMCARE MEDICAL SERVICES OF PENNSYLVANIA, P.C.; EMCARE OF PENNSYLVANIA, INC.; EMCARE PHYSICIAN PROVIDERS, INC.; AND EMCARE PHYSICIAN SERVICES, INC. Defendants EMCARE MEDICAL SERVICES OF PENNSYLVANIA, P.C., EMCARE, INC., COLBY SHIRK, M.D., EMCAItE OF PENNSYLVANIA, INC., EMCARE PHYSICIAN PROVIDERS, INC. AND EMCARE PHYSICIANS SERVICES, INC IN THE COURT OF COMMOI'J PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4661 CIVIL ACTION -- MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED ENTRY OF APPEARANCE/JURY TRIAL DEMAND TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendants, Colby Shirk, M.D., EmCare Medical Services of Pennsylvania, P.C., EmCare, Inc., EmCare of Pennsylvania, Inc., i/mCare Physician Providers, Inc. and EmCare Physicians Services, Inc. in the above-captioned matter. Also, please enter at this time our demand for a trial by twelve jurors. Dated: August 14, 2012 POST & SCHELL, P.C. By: Regina M. Blewitt, Esquire Attorneys For Defendants, EmCare Medieal Services of Pennsylvania, P.C., EmCare Inc., Colby Shirk, M.D., EmCare of Pennsylvania, Inc., EmCare ~'hysician Providers, Inc. and EmCare Physicians Services, Inc. -2- i• CERTIFICATE OF SERVICE I, STEVEN D. COSTELLO, ESQUIRE, attorney for Defendants, EMCARE MED SERVICES OF PENNSYLVANIA, P.C., EMCARE, INC., COLBY SHIRK, M.D., OF PENNSYLVANIA, INC., EMCARE PHYSICIAN PROVIDERS, INC. A1~1D PHYSICIANS SERVICES, INC. hereby state that a true and correct copy of the foregoing for Appearance/Demand for Jury Trial, was sent by first-class mail, postage prepaid on the set forth below, was served upon the following individual(s): Charles W. Marsar, Esquire R.J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110-1438 Holy Spirit Hospital 503 North 21 ~` Street Camp Hill, PA 17011 POST & SCHELL, P.C. Dated: ~ s ~~ By: Attorney For Defendants, EMCare Medical Services of Pennsylvania, P.C., EmCare, Inc., Colby Shirk, M.D., EmCare of Pennsylvania, Inc., EmCare Physician Providers, Inc. and EmCare Physicians Services, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??kt?titis, of ??urafl?r{?y?d OFFWC ...?..;_F."EH -: L. 0- PROTH AUG 23 4,M A, 3 '_?tt ??t± AMU Co ?.?;v PENNSYLU4-14?' Robert Vogelsong vs. Holy Spirit Hospital (et al.) Case Number 2012-4661 SHERIFF'S RETURN OF SERVICE 07/26/2012 On th'fe date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return recei requested to EmCare, Inc.; EmCare Medical Service of Pennsylvania, PC; EmCare of Penn lvania, Inc.; EmCare Physician Providers, Inc.; EmCare Physician Services, Inc. c/o Corporation Serv Com pany. 07/26/2012 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to EmCare, Inc.; EmCare Medical Service of Pennsylvania, PC; EmCare of Pennsylvania, Inc.; EmCare Physician Providers, Inc.; EmCare Physician Services, Inc. 07/30/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, EmCare, Inc.; EmCare Medical Service of Pennsylvania, PC; EmCare of Pennsylvania, Inc.; EmCare Physician Providers, Inc.; EmCare Physician Services, Inc., in they following manner: On July 26, 2012 the Sheriff mailed by certified mail, return receipt requested a true Ond correct copy of the within Writ of Summons to the defendant's last known address of 1717 Main Stre , Suite 5200, Dallas, Texas 75201. The certified mail return receipt card was received by the Cumberland County Sheriff's Office signed by an adult in charge at July 30, 2012. 07/30/2012 Ron R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Sui,mons upon the within named defendant, EmCare, Inc.; EmCare Medical Service of Pennsylvania, PC; mCare of Pennsylvania, Inc.; EmCare Physician Providers, Inc.; EmCare Physician Services, Inc. c/o Corporation Service Company, in the following manner: On July 26, 2012 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defe dant's last known address of 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. The certified mail return receipt card was received by the Cumberland County Sheriff's Office signed by an adultlin charge at July 30, 2012. 07/30/2012 01:07 PM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on July 30, 2 12 at 1307 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Holy Sprit Hospital, by making known unto Kay Tipton, Legal Coordinator for Holy Spirit Hospital at 503 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the s me time handing to her personally the said true and correct copy of the same. ELIZABETH MULLER, DEPUTY 08/01/2012 Rony R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and i quiry for the within named defendant to wit: Colby Shirk, MD, but was unable to locate him in his bailiv?ick. He therefore returns the within Writ of Summons as not found as to the defendant Colby Shirk, MD. Holy Spirit Hospital refused to accept service stating the defendant would need to be served through EmCare. SHERIFF COST: $107.95 SO ANSWERS, August 03, 2012 RON R ANDERSON, SHERIFF ?? Ccu^ty S nte, Sner.f. 'I'rizc^eft. I nc. J ¦ items 1, 2, and 3. Also compete item .lr Restricted Delivery Is desired. ¦ Print r name and address on the reverse- so We can return the card to you. ¦ A this card to the back of the mailplece, or o the front If space pemft. 1. Articl Addressed to: EmCarhu.; EmCare Medical Services of Pennsylvania, RC; EmCar of Pennsylvania, Inc.; EmCare Physician Providers, Inc.; E .fare Physician Services, Inc. c/o Corporation Servic, Company 2711 Centerville Road, Suite 400 Wilm irgton, DE 19808 Doc t#2012-4661 A. Prratu T 8see Q. ?9W*,ed by (Prfited ) C. De w'd Delivery D: Is defbry address dHleliritillan IT 13 Yes If YES, enter ddimy eo*s s bekfw ? No 3, typo 4CertHled Mail ? Express Mail Mitered O Return Receipt for Nerdhandise D Insured moo 13 C.O.D. 4. Restricted Deliveryl (Extra Fee) ? Yes 2, Number Mom br tianserviceil.w 7006 0810 0000 7881 8905 PS Fo 3811, Fabnuery 20©4 Doewtlc Return Fleoelpt 102595-02-Fl" i ¦ items 1, 2, and 3. Also complete item 4 N Restricted Delivery is desired. ¦ Print name and address on the reverse so we can return the card to you. ¦ thfs card to the back of the maiipiece, or our front If space pemdts. 1. Article kkkessed to: EmCare, I c.; EmCare Medical Service of Pennsylvania, PC; EmCare o Pennsylvania, Inc.; EmCare Physician Providers, Inc.; EmC re Physician Services, Inc. 1717 sin Street, Suite 5200 Dallas, X 75201 Docket 1,2012-4661 2. ArHde "mriber tYom arrive 1mbe A. 80olhae X O Agent '- ? Addressee B. Flecehled by (Put dod Marne) C. Date of Del" , I b deWery eddreeo dilfererrt from Iten 1? ? Yes ff YES, enter delivery address below: ? No rE 3. Mail 13 Express Mail ' ? RW n Receipt for tit rd m ? Insured mail ? C.O.D. 4. Restricted DBNveryR (Extra Fee) ? Yes 7006 0810 0000 7881 8912 PS Form 11, Fetxuwy 2004 1025e5.02-M-1540 A " t OFF!' "Ir PRCT}iONOTAk BY: STEVEN D. COSTELLO, E-MAIL: scostello@postschell jAUG 23 2" 27 I.D. # 37288 BY: REGINA M. BLEWITT CUMBERLAND C4t1NXYTORNEYS FOR DEFENDANTS, E-MAIL: rblewitt@postschell.comPENNSYLVANIA EMCARE MEDICAL SERVICES OF I.D. # 205644 PENNSYLVANIA, P.C., EMCARE, INC., POST &. SCHELL, P.C. COLBY SHIRK, M.D., EMCARE OF 1245 S. CEDAR CREST BOULEVARD PENNSYLVANIA, INC., EMCARE SUITE 300 PHYSICIAN PROVIDERS, INC. AND ALLENTOWN, PA 18103 EMCARE PHYSICIANS SERVICES, INC. PHONE; 610-774-0322 ROBERT VOGELSONG AS ADMINISTRATOR FOR THE ESTATE OF MOLLY VOGELSONG; AND ROBERT VOGELSONG Plaintiffs VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4661 CIVIL ACTION -- MEDICAL PROFESSIONAL LIABILITY ACTION HOLY SPIRIT HOSPITAL; COLBY SHIRK, M.D.; EMCARE, INC.; EMCARE MEDICAL SERVICES OF PENNSYLVANIA, P.C.; EMCARE OF PENNSYLVANIA, INC.; EMCARE PHYSICIAN PROVIDERS, INC.; AND EMCARE PHYSICIAN SERVICES, INC. Defendants JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. POST & SCHELL, PkC. By: Dated: 16 kv I I ' - RRginYM. lflew4t, Esquire Attorney For Defendants, EMCare Medical Services of Pennsylvania, P.C., EmCare, Inc.,Colby Shirk, M.D., EmCare of Pennsylvania, Inc., EmCare Physician Providers, Inc. and EmCare Physicians Services, Inc. RULE TO FILE COMPLAINT AND NOW, this a? day of LkO , 2012, a Rule is hereby granted upon Plaintiff to file a Complaint herein wit m twenty (20) days after service hereof or suffer entry of Judgment of Non Pros. Prothonotary -2- CERTIFICATE OF SERVICE I, REGINA M. BLEWITT, ESQUIRE, attorney for Defendants, EMCARE MEDICAL SERVICES OF PENNSYLVANIA, P.C., EMCARE, INC., COLBY SHIRK, M.D., EMCARE OF PENNSYLVANIA, INC., EMCARE PHYSICIAN PROVIDERS, INC. AND EMCARE PHYSICIANS SERVICES, INC. hereby state that a true and correct copy of the foregoing documents were sent by first-class mail, postage prepaid on the date set forth below, was served upon the following individual(s): Charles W. Marsar, Esquire R.J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110-1438 Holy Spirit Hospital 503 North 21 Sc Street Camp Hill, PA 17011 POST & SCHELL, P.C. By: Dated: 31 `? Steven D'COStellb, Esquire Regina M. Blewitt Attorney For Defendants, EMCare Medical Services of Pennsylvania, P.C., EmCare, Inc., Colby Shirk, M.D., EmCare of Pennsylvania, Inc., EmCare Physician Providers, Inc. and EmCare Physicians Services, Inc. R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esq. PA SUPREME COURT LD. No. 86702 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorney for The Estate of Molly Vogelsong and Robert Vogelsong IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT VOGELSONG AS ADMINISTRATOR DOCKET N0.12-4661 FOR THE ESTATE OF MOLLY VOGELSONG; AND ROBERT VOGELSONG, INDIVIDUALLY PLAINTIFFS, PROFESSIONAL MEDICAL NEGLIGENCE V. HOLY SPIRIT HOSPITAL; COLBY SHIRK, M.D.; EMCARE, INC.; EMCARE MEDICAL SERVICES OF PENNSYLVANIA, P.C.; EMCARE OF PENNSYLVANIA, INC.; EMCARE PHYSICIAN PROVIDERS, INC.; AND EMCARE PHYSICAN SERVICES, INC.; DEFENDANTS JURY TRIAL DEMANDED ~ C ~ T f'F~'t ~ ra ~ ~- ~ - Z ~ ~ ~ rt _ -t3 ~ r`- ~A ~ Ts ~~ ~ o ~ ~ ~ 3 ~ ~ Ca ~*~ ~ ~~' ~ ~ ~ -C _..~ MOTION FOR EXTENSION OF TIME TO FILE CERTIFICATE OF MERITS AS TO ALL ABOVE CAPTIONED DEFENDANTS PURSUANT TO PA.R.C.P. 1042.3 AND NOW, Plaintiffs, Robert Vogelsong as Administrator for the Estate of Molly Vogelsong and Robert Vogelsong, by and through his attorneys, R. J. Marzella & Associates, P.C., files this instant Motion for Extension of Time for Filing a Certificate of Merit and avers the following: 1. On or about July 25, 2012, Plaintiff filed this instant medical malpractice action against above-captioned Defendants byway of filing a Writ of Summons. 2. On or about September 12, 2012, Plaintiff filed a Complaint against the above-captioned Defendants. 3. Under Pa. R.C.P. 1042.3, Plaintiff is required to file a Certificate of Merit verifying the validity of the claim against a licensed professional at the time of the filing of the Complaint or within 60 days after filing the Complaint. 4. Since the Plaintiff filed the Complaint on September 12, 2012, the deadline for filing Certificates of Merit is November 11, 2012 . 5. Pa. R.C.P. 1042.3(d) states "The Court upon good cause shown, shall extend the time for filing a certificate of merit for a period not to exceed 60 days." 6. It has come to light that Plaintiff and Plaintiffs Counsel have irreconcilable differences. 7. Plaintiff s Counsel is in the process of drafting a Motion to Withdrawal from the instant case, which will be filed with the court in a timely manner. 8. Plaintiff is in the process of obtaining new Counsel. 9. Due to the above facts, Plaintiff is requesting this Honorable Court grant a sixty (60) day extension to file Certificates of Merit. 10. Counsel for Defendants were contacted, however Plaintiffwas unable to obtain a concurrence. WHEREFORE, Plaintiff requests this Honorable Court grant asixty-day (60) extension to file the remaining required Certificates of Merit. R. J~rzella & A¢sociates, P.C. Dated: L ~ 2 ~;~a~s ~ , Jr., Esquire Attorney en ificati No. 66856 CERTIFICATE OF SERVICE I, Katie L. Adam, hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 9th day of November, 2012, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Steven D. Costello, Esquire Post & Schell 1245 S. Cedar Crest Boulevard Suite 300 Allentown, PA 18103 Counsel for Defendants, Colby Shirk, M.D.; EmCare, Inc.; EmCare Medical Services of Peensylvania, P.C.; EmCare of Pennsylvania, Inc.; EmCare Physician Providers, Inc.; and EmCare Physician Services, Inc. Tom Chairs, Esq. Aaron Jayman, Esq. Dickie McCamey Plaza 21, Suite 302 425 North 21 S` Street Camp Hill, PA 17011-2223 Counsel for Defendant, Holy Spirit Hospital R.J. MAt~ELLA & ~lssocw~s, P.C. c.._ BY: ADAM, 1~ r .. T ~i } ~ a.. .... . , a~ ~• R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esq. PA SUPREME COURT LD. No. 86702 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 . .._. t.a.l l _u.~~: Attorney for The Estate of Molly Vogelsong and Robert Vogelsong IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT VOGELSONG AS ADMINISTRATOR DOCKET NO.12-4661 FOR THE ESTATE OF MOLLY VOGELSONG; AND ROBERT VOGELSONG, INDMDUALLY PLAINTIFFS, PROFESSIONAL MEDICAL NEGLIGENCE V. HOLY SPIRIT HOSPITAL; COLBY SHIRK, M.D.; EMCARE, INC.; EMCARE MEDICAL SERVICES OF PENNSYLVANIA, P.C.; EMCARE OF PENNSYLVANIA, INC.; EMCARE PHYSICIAN PROVIDERS, INC.; AND EMCARE PHYSICAN SERVICES, INC.; DEFENDANTS JURY TRIAL DEMANDED AMENDMENT TO MOTION FOR EXTENSION OF TIME TO FILE CERTIFICATE OF MERITS AS TO ALL ABOVE CAPTIONED DEFENDANTS PURSUANT TO PA.R.C.P. 1042.3 AND NOW, Plaintiffs, Robert Vogelsong as Administrator for the Estate of Molly Vogelsong and Robert Vogelsong, by and through his attorneys, R. J. Marzella & Associates, P.C., Amends this Motion for Extension of Time for Filing a Certificate of Merit and avers the following: 1. No Judge has ruled upon any other issue in the same or any related matter. 2. Concurrence was sought from opposing counsel, who did not concur. WHEREFORE, Plaintiff requests this Honorable Court grant the proposed order. Dated: 11 26 l2 R.J. Marz ociates, P.C. ~~W. M s r., squire Attornev Identi i o. 66856 ~.,: CERTIFICATE OF SERVICE I, Katie L. Adam, hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 26 th day of November, 2012, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Steven D. Costello, Esquire Post & Schell 1245 S. Cedar Crest Boulevard Suite 300 Allentown, PA 18103 Counsel for Defendants, Colby Shirk, M.D.; EmCare, Inc.; EmCare Medical Services of Peensylvania, P.C.; EmCare of Pennsylvania, Inc.; EmCare Physician Providers, Inc.; and EmCare Physician Services, Inc. Tom Chairs, Esq. Aaron Jayman, Esq. Dickie McCamey Plaza 21, Suite 302 425 North 21 S` Street Camp Hill, PA 17011-2223 Counsel for Defendant, Holy Spirit Hospital R.J. MnRZELLA & AsSOCIATES, P.C. BY: TIE L. AD CLERK ,..._ R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esq. PA SUPREME COURT I.D. N0.86702 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorney for The Estate of Molly Vogelsong and Robert Vogelsong IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT VOGELSONG AS ADMINISTRATOR DOCI~T N0.12-4661 FOR THE ESTATE OF MOLLY VOGEISONG; AND ROBERT VOGELSONG, INDMDUALLY PLAINTIFFS, PROFESSIONAL MEDICAL. NEGLIGENCE v. HOLY SPIRIT HOSPITAL; COLBY SHIRK, M.D.; EMCARE, INC.; EMCARE MEDICAL SERVICES OF PENNSYLVANIA, P.C.; EMCARE OF PENNSYLVANIA, INC.; EMCARE PHYSICIAN PROVIDERS, INC.; AND EMCARE PHYSICAN SERVICES, INC.; DEFENDANTS . JURY TRIAL DEMANDED n C .v o '~ 'off ~W "' -i z ~ z~ r ~ ~ -tfr; ~ <o ro ~o Dn ZQ 3 o-+~, Vii=: ~ ~ ~ ~ ~ MOTION FOR EXTENSION OF TIME TO FILE CERTIFICATE OF MERITS AS TO ALL ABOVE CAPTIONED DEFENDANTS PURSUANT TO PA.RC.P. 1042.3 AND NOW, Plaintiffs, Robert Vogelsong as Administrator for the Estate of Molly Vogelsong and Robert Vogelsong, by and through his attorneys, R. J. Marzella & Associates, P.C., files this instant Motion for Extension of Time for Filing a Certificate of Merit and avers the following: 1. On or about July 25, 2012, Plaintiff filed this instant medical malpractice action against above-captioned Defendants byway of filing a Writ of Summons. 2. On or about September 12, 2012, Plaintiff filed a Complaint against the above-captioned Defendants. 3. Under Pa. R.C.P. 1042.3, Plaintiff is required to file a Certificate of Merit verifying the validity of the claim against a licensed professional at the time of the filing of the Complaint or within 60 days after filing the Complaint. 4. Since the Plaintiff filed the Complaint on September 12, 2012, the deadline for filing Certificates of Merit is November 11, 2012 . 5. Pa. R.C.P. 1042.3(d) states "The Court upon good cause shown, shall extend the time for filing a certificate of merit for a period not to exceed 60 days:' 6. It has come to light that Plaintiff and Plaintiffs Counsel have irreconcilable differences. 7. Plaintiffs Counsel is in the process of drafting a Motion to Withdrawal from the instant case, which will be filed with the court in a timely manner. 8. Plaintiff is in the process of obtaining new Counsel. 9. Due to the above facts, Plaintiff is requesting this Honorable Court grant a sixty (60) day extension to file Certificates of Merit. 10. Counsel for Defendants were contacted, however Plaintiff was unable to obtain a concurrence. W)EIEREFORE, Plaintiff requests this Honorable Court grant asixty-day (60) extension to file the remaining required Certificates of Merit. Dated: L q R. J. rzella & sociates, P.C. Jr. Esquire Attorney n 'ficati No. 66856 CERTIFICATE OF SERVICE I, Katie L. Adam, hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 9th day of Nov r, 2012, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Steven D. Costello, Esquire Post & Schell 1245 S. Cedar Crest Boulevard Suite 300 Allentown, PA 18103 Counsel for Defendants, Colby Shirk, M.D.; EmCare, Inc.; EmCare Medical Services of Peensylvania, P.C.; EmCare of Pennsylvania, lnc.; EmCare Physician Providers, Inc.; and EmCare Physician Services, Inc. Tom Chairs, Esq. Aaron Jayman, Esq. Dickie McCamey Plaza 21, Suite 302 425 North 21 ~` Street Camp Hill, PA 17011.2223 Counsel for Defendant, Holy Spirit Hospital R.J. MnazEUw & ~-ssoca~ S, P.C. ~. Bv: