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HomeMy WebLinkAbout05-4750(2 IN THE COURT OF COMMON PLEAS OF ey?laa"rlavty? COUNTY, PENNSYLVANIA WRIT OF SUMMONS CIVIL ACTION - LAW AND EQUITY A C 6?tt ? ?a 5? V 6? ?1 etz ) Plaintiffs, ) V. ) lad y !;r ") + Nose ;+e?) , Av,h-- Davie 0Omw,,;, ) ??--'rat ., ?a?agys, ?VVYSL ??aY{e ?'?'' Defendants. ) } NO. Cl - 0 s' - q -7 S'D OL,?C. ( - -.-. Jury Trial Demanded PRAECIPE TO THE PROTHONOTARY: Please issue a Writ of Summons in the above action. (Signature) Dated: /Z-O 0 <' Cc IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA WRIT OF SUMMONS CIVIL ACTION - LAW AND EQUITY 4, 6s? ,4 e.. A (o`i3"Z?, PIeo.34h ? view ?r?ve a Tt?OVV1 R?,V? ? 3G?? Plaintiffs, Defendants. TO DEFENDANTS: 6-03 n) , 21 `-? S?-ree4 C&w,p1+If, PA 111 - 2-`98 ?V+r3Z Mo-'1 r' COL-- S?C i + Z 1 s± S frce+ Ce,,,,p 1.1•?+) , PPS 1701(- Z Zg& NO. CI - 0 -6' - j s'v Jury Trial Demanded A%Avlt M r ALV)h „?? p' ?A5?s 23 4 , 2 I - 6--(e E1 eav-1,,o ww I1 , PA 17011 You are notified that 3 -1601`laintiffs, has commenced an action against you. Date: 13, 00S -, PROTHONOTARY 11 ? BY: J1 (? ???? DEPUTY Copy to: Plaintiff ?..j tn•, C.. r 4 L?.i ,? -{ --??T: .. _ C.?-7 j 'u ?° ? 4 (,!;` o ? _` r ., THE ESTATE OF JOSHUA ISAIAH DIETZ, KELLUM B. DIETZ, SR. AND RENE J. DIETZ Plaintiffs, V. HOLY SPIRIT HOSPITAL, DR. ANNE MARIE MANNING, DR. FAITH D. DAGGS, NURSE MARIE CARR Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED RY' APPRA TO THE PROTHONOTARY: Please enter the appearance of Wilbur McCoy Otto on behalf of Defendant, Holy Spirit Hospital, Dr. Anne Marie Manning, Dr. Faith D. Daggs, and Nurse Marie Carr with respect to the above captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 20, 2005 By: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CI-05-4750 CIVIL A--- McCoy Otto, Esquire Supreme Court. I.D. #01524 Two PPG Place, Suite 400 Pittsburgh, PA 15222 Phone: (412) 281-7272 Counsel to Defendants Holy Spirit Hospital, Dr. Anne Marie Manning, Dr. Faith D. Daggs, and Nurse Marie Carr c-? c ? ?? n'?' "S"' ;co- - tlJ ?j? W ,:.c7 ?; -a ?'? C'7 nr" C.; c,? n `y' ??:. © ?? ::t N SHERIFF'S RETURN - REGULAR CASE NO: 2005-04750 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIETZ JOSHUA ISAIAH ESTATE OF VS HOLY SPIRIT HOSPITAL ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon the HOLY SPIRIT HOSPITAL DEFENDANT , at 1615:00 HOURS, on the 16th day of September, 2005 at 210 SENATE AVENUE HILL, PA 17011 by handing to LYNN SMEIGH, COORDINATOR, ADULT IN CHARGE 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 18.00 Service 11.20 Postage .37 Surcharge 10.00 .00 39.57 Sworn and Subscribed to before me this -- day of A.D. 1r. „ l Proth otar( So Answers: 4,X .r tad" R. Thomas Kline 09/19/2005 KELLUM DIETZ SR 3y: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-04750 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIETZ JOSHUA ISAIAH ESTATE OF VS HOLY SPIRIT HOSPITAL ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CARR MARIE, NURSE the DEFENDANT , at 1615:00 HOURS, on the 16th day of September, 2005 at 210 SENATE AVENUE CAMP HILL, PA 17011 by handing to LYNN SMEIGH, COORDINATOR, ADULT IN CHARGE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. Pro. n tary So Answers: R. Thomas Kline 09/19/2005 KELLUM DIETZ SR/ By: q 1. I Ledputyy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-04750 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIETZ JOSHUA ISAIAH ESTATE OF VS HOLY SPIRIT HOSPITAL ET AL SHANNON SHERTZER Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon the MANNING ANNE MARIE. MD DEFENDANT at 1630:00 HOURS, on the 16th day of September, 2005 at 423 NORTH 21ST STREET CAMP HILL, PA 17011 by handing to DEB GARCIA, OFFICE MANAGER, ADULT IN CHARGE 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 6.00 Service 11.20 Affidavit .00 Surcharge 10.00 .00 27.20 Sheriff or Deputy Sheriff of So Answers: R. Thomas Kline 09/19/2005 KRT.T -TTM DIETZ SR Sworn and Subscribed to before me this OIL day of A. D. Pr o otar By: 2L, %, eputy( Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-04750 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIETZ JOSHUA ISAIAH ESTATE OF VS HOLY SPIRIT HOSPITAL ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DAGGS FAITH D the DEFENDANT , at 1630:00 HOURS, on the 16th day of September, 2005 at 423 NORTH 21ST STREET CAMP HILL, PA 17011 DEB FARCIA, OFFICE MANAGER a true and attested copy of WRIT OF SUMMONS by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before meCthis ? day of A.D. P"ro otaril So Answers: R. Thomas Kline 09/19/2005 KELLUM DIETZ SR By: it j?? y,,, Deputy Sheriff Estate of Joshua Isaiah Dietz, By His Parents and Natural Guardians Kellum B. Dietz, Sr., and Rene J. Dietz, Plaintiffs V. Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4750 CIVIL CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Counsel for Defendants certify that: (1) a Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received. DICKIE, MCCAMEY & CHILCOTE, P.C. Date: , OlrO By: L_ omas M. Chairs, Esquire Attorney I.D. #78565 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 Attorney for Defendants 1b Estate of Joshua Isaiah Dietz, By His Parents and Natural Guardians Kellum B. Dietz, Sr., and Rene J. Dietz, Plaintiffs v Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4750 CIVIL CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the Subpoena attached to this Notice, addressed to the following: Penn State. Hershey Medical Center, 500 University Drive, Hershey, PA 17033. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. DICKIE, MCCAMEY & Date: 7/13 /a By: Tho Chairs, Esquire Attorney I.D. #78565 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 Attorney for Defendants P.C. a' + CERTIFICATE OF SERVICE AND NOW, this 3rd of October , 2006, I, Misty D. Lehman., hereby certify that I did serve a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon all parties 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: Kellum B. Dietz, Sr. and Rene J. Dietz 25A S. Pine Street. Red Lion, PA 17356 ? ?' ? --cti .a -<? yi - (,ji -'jig ? .-, ?' .. ? F ? :. axe T :? "`? ?.? r !-, ' r„S ?. ? ?? l ? vw. ? ? ??G'l?Z???r', aH v? /??.yl 2 r ?i ?1t-1 L vs Case No. 4a-1-.e 414L"V1 t"A? , f'ai-?-? 5, Alexv -e Statement of Intention to Proceed To the Court: nn / Nift-,_ intends to proceed with the above captioned matter. (? t/v.?• 1`7 • S"" ? Re%4-e` Print 'Nara Date: / Zd 0 Sign Name Attorney for yK0 ?S? Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. Office of the Prothonotary Cumberland County, PA Curtis R. Long Prothonotary Case # (s) 05-4750 NOTICE OF PROPOSED TERMINATION OF COURT CASE To: ESTATE OF ISAIAH JOSHUA DIETZ KELLUM B. DIETZ, SR. AND RENE' J. DIETZ The court intends to terminate this case without further notice because the docket shows no activity in the case for at least two years. You may stop the court from terminating the case by filing a Statement of Intention to Proceed. The Statement of intention to Proceed should be fded with the Prothonotary of the Court at: CUMBERLAND COUNTY PROTHONOTARY ONE COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6195 on or before October 27, 2009. Date IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE WILL BE TERMINATED August 28, 2009 ?ffz Bate of this Notice C 44L Protronotay CHECK YOUR CASE #'s at www.ccaa.net Put cursor on the word "Government" for a drop down box. Then put your cursor on the word "Courts. Click on the word "Prothonotary". This will bring you to the "Prothonotary Home Page". On the left hand Navigation Bar click on "Searchable Civil Records". Follow these directions exactly. Fl! L? ?- ??kRY 2009 OCT 1 3 Pik 2: 39 559524 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANTS BY: Thomas M. Chairs, Esquire HOLY SPIRIT HOSPITAL, ANNE MARIE ATTORNEY I.D. NO. 78565 MANNING, M.D., FAITH D. DAGGS, M.D., 1200 Camp Hill Bypass, Suite 205 AND NURSE MARIE CARR Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax Estate of Joshua Isaiah Dietz, By His IN THE COURT OF COMMON F.EA$ Parents and Natural Guardians Kellum B. OF CUMBERLAND COUNTY, C7 o Dietz, Sr., and Rene J. Dietz, PENNSYLVANIA ???` Plaintiffs, Fn NO. V. CIVIL ACTION - MEDICAL Holy Spirit Hospital, Anne Marie Manning, =c M.D., Faith D. Daggs, M.D., and Nurse Marie Carr, Defendants. JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a rule upon Plaintiff to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Respectfully submitted, Date: January 11, 2010 DICKIE, MCCAMEY & C COTE, P.C. I Thoma§'W. Chairs, Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr CERTIFICATE OF SERVICE AND NOW, January 11, 2010, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT upon all counsel of record by depositing, or causing to be deposited, via Federal Express - Next Day Delivery, addressed as follows: Federal Express-Next Dav Delivery: Kellum B. Dietz, Sr. and Rene J. Dietz 25A S. Pine Street Red Lion, PA 17356 Thomas . C airs, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) Estate of Joshua Isaiah Dietz, By His Parents and Natural Guardians Kellum B. Dietz, Sr., and Rene J. Dietz, Plaintiffs, V. ATTORNEY FOR DEFENDANTS HOLY SPIRIT HOSPITAL, ANNE MARIE MANNING, M.D., FAITH D. DAGGS, M.D., AND NURSE MARIE CARR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4750 CIVIL ACTION - MEDICAL Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr, Defendants. JURY TRIAL DEMANDED RULE TO FILE COMPLAINT AND NOW, this j 0 day of TGf{ZG(LYv , 2010, a Rule is hereby issued upon Plaintiffs to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Prothon tart' By: Deputy (NOTE: File in duplicate) 2 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Fax) Estate of Joshua Isaiah Dietz, By His Parents and Natural Guardians Kellum B. Dietz, Sr., and Rene J. Dietz, Plaintiffs, V. Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr, Defendants. ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, C ;. D PENNSYLVANIA c } -11 -,- NO.05-4750' r7l N t? CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED TEN DAY NOTICE To: Kellum B. Dietz, Sr. and Rene J. Dietz 6829 Pleasantview Drive Thomasville, PA 17364-9278 Date of Notice: February 18, 2010 (a) 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 Street Carlisle, PA 17013-3387 Carlisle, PA 17013 (717) 240-6195 (717) 249-3166 (800) 990-9108 Date: February 18, 2010 Respectfully submitted, DICKIE, MCCAMEY By: 2 & C COTE, P.C. Esquire #78565 Supreme Court I.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants 559536 McCamey Thomas M. Chairs Direct Dial: 717-731-4800 Attorney-at-Law Direct Fax: 717-731-4803 Admitted in PA, MD tchairs@dmclaw.com January 11, 2010 Curt Long, Prothonotary Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Dietz v. Holy Spirit Hospital, et al. Docket No.: 05-4750 Our File No.: PC-133 (0029096.0292279) Dear Mr. Long: Enclosed please find the original and one (1) copy of a Praecipe for Rule to File Complaint and the Rule to File Complaint with regard to the above-referenced matter. Please file the original and return a time-stamped copy to me in the self-addressed, stamped envelope provided herein. By copy of this letter, the Plaintiff is being provided with a copy of said enclosures. If you should have any questions, please feel free to give our office a call. Very truly yours, DIC1GE, MCCAJ . Yj& CHILCOTE, P.C. Thomas M. Chairs TMC/nlb Enclosures cc: Kellum B. Dietz, Sr. and Rene J. Dietz (w/enclosure) (Federal Express-Next Day Delivery) DICKIE, M[CAMEY & CHIKOTE, P.C. I ATTORNEYS AT LAW MAIN: 717-7314800 FAX: 717.731-4803 Pittsburgh I Harrisburg I Philadelphia I Washington, D.C. 1 Delaware 1200 CAMP Hlll BYPASS, SUITE 205 1 CAMP HILL, PA 17011-3700 1 WWW.DMCLAW.COM New krsey 1 North Carolina I Ohio I West Virginia Page 1 of 1 From: Origin ID: GTYA (717) 731-4800 Thomas M. Chairs, Esquire Dickie McCamey & Chilcote 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 [E] aparrna SHIP TO: (717) 24&5665 BILL SENDER Kellum B. Dietz, Sr. & Rene . 25 A S. Pine Street Red Lion, PA 1735 Ship Date: 11J.AN10 ActWgt 1.0 LB CAD: 3028389ANET9090 Account: S " IIVIWIIIInlllllmlllllllllllllllll Ref # 29096.292279 Invoice # PO # Dept # TUE -12JAN AA 7982 8922 2178 16 THVA PRIORITY OVERNIGHT ASR RES 17356 PA-US MDT After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic valueof the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $500, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/html/en/PrintIFrame.html 1/11/2010 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANTS BY: Thomas M. Chairs, Esquire HOLY SPIRIT HOSPITAL, ANNE MARIE ATTORNEY I.D. NO. 78565 MANNING, M.D., FAITH D. DAGGS, M.D., 1200 Camp Hill Bypass, Suite 205 AND NURSE MARIE CARR Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Fax) Estate of Joshua Isaiah Dietz, By His IN THE COURT OF COMMON PLEAS Parents and Natural Guardians Kellum B. OF CUMBERLAND COUNTY, Dietz, Sr., and Rene J. Dietz, PENNSYLVANIA Plaintiffs, V. NO. 054750 CIVIL ACTION - MEDICAL Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr, Defendants. JURY TRIAL DEMANDED RULE TO FILE COMPLAINT AND NOW, this //-"day of _J 1ZCl&iSj , 2010, a Rule is hereby issued upon Plaintiffs to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Prothonotary By: Deputy (NOTE: File in duplicate) 2 CERTIFICATE OF SERVICE AND NOW, January 11, 2010, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing RULE TO FILE COMPLAINT upon all counsel of record by depositing, or causing to be deposited, via Federal Express - Next Day Delivery, addressed as follows: Federal Express-Next Day Delivery: Kellum B. Dietz, Sr. and Rene J. Dietz 25A S. Pine Street Red Lion, PA 17356 Thomas Iv Chairs, Esquire CERTIFICATE OF SERVICE AND NOW, January 22, 2010, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing RULE TO FILE COMPLAINT upon all counsel and unrepresented parties of record via Federal Express - Next Day Delivery, addressed as follows: Federal Express-Next Day Delivery: Kellum B. Dietz, Sr. and Rene J. Dietz 6829 Pleasantview Drive Thomasville, PA 17364-9278 559524 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) Estate of Joshua Isaiah Dietz, By His Parents and Natural Guardians Kellum B. Dietz, Sr., and Rene J. Dietz, Plaintiffs, V. Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr, ATTORNEY FOR DEFENDANTS HOLY SPIRIT HOSPITAL, ANNE MARIE MANNING, M.D., FAITH D. DAGGS, M.D., AND NURSE MARIE CARR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA e? N x, NO. 054750 -M `- CIVIL ACTION - MEDICAL , -- _i a C: rJ CD M Defendants. JURY TRIAL DEMANDED z + -PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a rule upon Plaintiff to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Respectfully submitted, Date: January 11, 2010 DICKIE, MCCAMEY & C COTE, P.C. By: Thom". Chairs, Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr CERTIFICATE OF SERVICE AND NOW, January 11, 2010, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT upon all counsel of record by depositing, or causing to be deposited, via Federal Express - Next Day Delivery, addressed as follows: Federal Express-Next Day Delivery: Kellum B. Dietz, Sr. and Rene J. Dietz 25A S. Pine Street Red Lion, PA 17356 Thomas . C airs, Esquire CERTIFICATE OF SERVICE AND NOW, January 22, 2010, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT upon all counsel and unrepresented parties of record via Federal Express - Next Day Delivery, addressed as follows: Federal Express-Next Day Delivery: Kellum B. Dietz, Sr. and Rene J. Dietz 6829 Pleasantview Drive Thomasville, PA 17364-9278 Thom hairs, Esquire 2 Page 1 of 1 ''?' Print pace I Close M Detailed Results Tracking no.: 793204537020 Select time format: 12H Delivered Delivered Signed for by: K.DEITZ Shipment Dates Ship date_..,Jari 22,_2010 ... _._. .___. .._ .. ...._.... Delivery date Jan 23, 2010 9:47 AM Shipment Facts Destination THOMASVILLE_..pA_-_.._.___..._.. Signature Proof of Delivery Service type Priority Envelope - Adult Signature Required Weight 0.5 Ibs/.2 kg Shipment Travel History Delivered to Residence Reference 29096.309669 Select time zone: Local Scan Time All shipment travel activity is displayed in local time for the location Date/Time Activity Location Details Jan 23, 2010 9:47 AM Delivered THOMASVILLE, PA Jan 23, 2010 8:51 AM On FedEx vehicle for delivery YORK, PA Jan 23, 2010 8:30 AM At local FedEx facility YORK, PA Jan 23, 2010 12:27 AM At dest sort facility MIDDLETOWN, PA Jan 22, 2010 9:28 PM Left FedEx origin facility MIDDLETOWN, PA Jan 22, 2010 6:01 PM Picked up MIDDLETOWN, PA Jan 22, 2010 1:48 PM Shipment information sent to FedEx http://www.fedex.comITrackingIDetail?ftc_start url=&totalPieceNum=&backTo=&template_type=print&... 1/25/2010 Page 1 of 2 Bistline, Nancy From: TrackingUpdates@fedex.com Sent: Saturday, January 23, 2010 9:53 AM To: Bistline, Nancy Subject: FedEx Shipment 793204537020 Delivered This tracking update has been requested by: Company Name: Name: E-mail: Dickie McCamey & Chilcote Thomas M. Chairs, Esquire nbistline@dmclaw.com our records indicate that the following shipment has been delivered: Reference: Ship (P/U) date: Delivery date: Sign for by: Delivered to: Service type: Packaging type: Number of pieces: Weight: Special handling/Services Tracking number: Shipper Information Thomas M. Chairs, Esquire Dickie McCamey & Chilcote 1200 Camp Hill Bypass Suite 205 Camp Hill PA us 17011 29096.309669 Jan 22, 2010 Jan 23, 2010 9:47 AM K.DEITZ Residence FedEx Priority Overnight FedEx Envelope 1 0.50 lb. Residential Delivery For Saturday Delivery Adult Signature Required 793204537020 Recipient Information Kellum D. Dietz, Sr. and Rene Dietz 6829 PLEASANTVIEW DR THOMASVILLE PA US 17364 Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 8:52 AM CST on 01/23/2010. Learn more about new ways to track with FedEx. All weights are estimated. To track the latest status of your shipment, click on the tracking number above, or visit us at fedex.com. 'T'his tracking update has been sent to you by FedEx on the behalf of the Requestor noted above. FedEx does not validate the authenticity of the requestor and does not validate, guarantee or warrant the authenticity of the 1/25/2010 CERTIFICATE OF SERVICE AND NOW, February 18, 2010, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing TEN DAY NOTICE upon the unrepresented party indicated below via Federal Express - Next Day Delivery, addressed as follows: VIA FEDERAL EXPRESS: Kellum B. Dietz, Sr. and Rene J. Dietz 6829 Pleasantview Drive Thomasville, PA 17364-9278 (Pro Se Plaintiffs) T ' ", A PLAINTIFFS, PRO SE Kellum B. Dietz, Sr. and Rene' J. Dietz PRO SE 6829 Pleasantview Drive Thomasville, PA 17364 (717) 225-3254 (Tel) Estate of Joshua Isaiah Dietz, By His Parents and Natural Guardians Kellum B. Dietz, Sr and Rene' J. Dietz, Plaintiffs V. Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr, ATTORNEY FOR DEFENDANTS DICKIE, MCCAMEY & CHILCOTE, P.C. By: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 208 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n o C c? 7 NO. 05-4750 3 Wit` r U ?C .s. N ?m JURY TRIAL DEMANDED C n N Defendants. OBJECTION TO TEN DAY NOTICE AND MOTION TO EXTEND FILING OF COMPLAINT To: Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Date: March 4, 2010 (a) Response and Objection to Ten Day Notice & Motion to Extend Filing of Civil Complaint PLAINTIFFS ACKNOWLEDGE THAT THEY HAVE NOT FILED AS OF THIS DATE A COMPLAINT IN THE ABOVE MATTER. PLAINTIFFS, ACTING AS PRO SE IN THIS INSTANT MATTER, IS AGRESSIVELY SEEKING LEGAL REPRESENTATION IN ORDER TO PREPARE AND PROSECUTE THIS COMPLAINT AGAINST THE DEFENDANTS. IT IS RESPECTFULLY REQUESTED AND PETITIONED THAT THE DEFENDANT'S TEN DAY NOTIFICATION BE QUASHED AND THAT A MOTION BE GRANTED TO EXTEND THE FILING DATE OF OUR COMPLAINT FOR 60 DAYS FROM THE DATE OF THIS OBJECTION IN ORDER TO OBTAIN LEGAL CONSUL AND TO PREPARE AND FILE THE CIVIL COMPLAINT. aI r PLAINTIFFS HAVE GOOD CAUSE AS TO WHY THIS MATTER SHOULD BE GRANTED AN EXTENSION. ON JANUARY 26, 2010, A NEW CHILD WAS BORN INTO THE DIETZ FAMILY JOINING THE NINE (9) OTHER SIBLINGS IN THE HOUSEHOLD. ONE SPOUSE MAINTAINS THE HOUSEHOLD FULL TIME, HOME-SCHOOLS THE NINE CHILDREN, WENT THROUGH PREGNANCY FOR NINE-MONTHS AND NOW HAS A NEW INFANT CHILD. THE OTHER SPOUSE WORKS FULL TIME SIX (6) DAY A WEEK AND IS ACTIVE IN THE CHURCH EVERY SUNDAY. ACCORDINGLY, PLAINTIFFS HAVE BEEN UNABLE TO DILIGENTLY PROSECUTE THIS MATTER AGGRESSIVELY FOR SOME TIME. SHOULD THE EXTENSION BE GRANTED, PLAINTIFFS WILL EFFECTIVELY RETAIN COUNSEL AND MOVE FORWARD WITH THE COMPLAINT. Respectfully submitted, Date: March 4, 2010 By: "Kellum B. Dietz By: Rene' J. Dietz 6829 Pleasantview Drive Thomasville, PA 17364 (717) 225-3254 Plaintiffs, Pro Se ESTATE OF JOSHUA ISAIAH DEITZ, IN THE COURT OF COMMON PLEAS OF BY HIS PARENTS AND NATURAL CUMBERLAND COUNTY, PENNSYLVANIA GUARDIANS KELLUM B. DEITZ, SR., AND RENE J. DIETZ, PLAINTIFFS V. HOLY SPIRIT HOSPITAL, ANNE MARIE MANNING, M.D., FAITH D. DAGGS, M.D., AND NURSE MARIE CARR, DEFENDANTS 05-4750 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2010, a Rule is issued on defendants to show cause why the plaintiffs' request for an extension of time to file their complaint should not be granted. Rule returnable twenty-one (21) days after service. By the Court, Albert H. Masland, J. ,---'Kellum B. Deitz, Sr., Pro se ,/kene J. Deitz, Pro se 6829 Pleasantview Drive Thomasville, PA 17364 somas M. Chairs, Esquire For Defendants :sal (26f t rrlb? 3// 8 tzp?l C7 r _ co v . ? -27 C?7 cy, 600164 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Fax) ESTATE OF JOSHUA ISAIAH DIETZ, BY HIS PARENTS AND NATURAL GUARDIANS KELLUM B. DIETZ, SR., AND RENE J. DIETZ, PLAINTIFFS, V. HOLY SPIRIT HOSPITAL, ANNE MARIE MANNING, M.D., FAITH D. DAGGS, M.D., AND NURSE MARIE CARR, DEFENDANTS ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4750 CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED r,, { DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR AN EXTENSION OF TIME TO FILE COMPLAINT AND NOW, come Defendants, Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr, by and through their counsel, Dickie, McCamey & Chilcote, P.C., and file the within Response in Opposition to Plaintiffs' Motion for an Extension of Time to file a Complaint, and aver as follows: 1. Pro Se Plaintiffs initiated this medical professional liability action with the filing of a Writ of Summons on September 13, 2005. See Exhibit "A." 2. Plaintiffs have failed to obtain counsel and file a Complaint since the inception of this lawsuit over four and one-half (4'/z) years ago. 3. Plaintiffs' failure to take any action to prosecute this case caused this Court to file a Pa.R.C.P. 230.2 Notice of Proposed Termination of Case on August 28, 2009. See Exhibit "B 4. Plaintiffs filed a Statement of Intention to Proceed on October 9, 2009. See Exhibit "C." 5. Plaintiffs still have taken no action whatsoever to prosecute this claim. 6. Defendants have afforded Plaintiffs more than reasonable opportunity to prosecute this case on their behalf. 7. Defendants ultimately ruled Plaintiffs to file a Complaint on January 11, 2010. See Exhibit "D." 8. Plaintiffs failed to file a Complaint within twenty (20) days after service of the Rule. 9. Defendants afforded Plaintiffs additional time to file their Complaint beyond the twenty (20) days and did not serve the Ten (10) Day Notice of Default on Plaintiffs until February 22, 2010. See Exhibit "E." 10. Plaintiffs still failed to file a Complaint and instead filed an Objection to Defendants' Ten (10) Day Notice and a Motion seeking an additional sixty (60) days to file a Complaint. See Exhibit "F." 11. This case has languished for over four and one-half (4'h) years and still the Defendants are without the benefit of a Complaint to understand the allegations and to begin to prepare a defense. 12. Defendants have been prejudiced and unable to defend this case because they are unaware of what claims are alleged. 13. Plaintiffs are in default for failing to file a Complaint. 14. Plaintiffs have failed to prosecute this case to the prejudice of the Defendant healthcare providers. 2 15. Even if Plaintiffs were permitted to file a delinquent Complaint Plaintiffs are required to secure an expert and Certificate of Merit pursuant to Pa.R.C.P. 1042.1 et seq. 16. Plaintiffs clearly have been unable to satisfy this requirement over the last four and one-half (4%) years. 17. Fore the foregoing reasons, it is respectfully submitted that this Court should enter a judgment of Non Pros in favor of Defendants for Plaintiffs' failure to file a Complaint pursuant to Pa.R.C.P. 237.1 WHEREFORE, Defendants respectfully request that this Honorable Court enter judgment in favor of the Defendants for Plaintiffs' failure to file a Complaint. Date: March 30, 2010 B Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Y: as Airs, Esquire Sup a urt I.D. #78565 Aaron S. Jayman, Esquire Supreme Court I. D. #85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants 3 MCYCLEO VTJ -,+ 1?, x U IN THE COURT OF COMMON PLEAS OF CVm erl04, A COUNTY, PENNSYLVANIA WRIT OF SUMMONS CIVIL ACTION - LAW AND EQUITY A -So ? VO? kell?w, ? ? ?e^? L , 7r, All"A ? Q he ?, ? G? L ) Plaintiffs, ) ) t> -,'rarf ?? ?ag3s , Nvvsc 1'?a"nc L'ar?- ?Jj Defendants. ) } NO. Cl - 0 -15' -q-7 ( -n- Jury Trial Demanded PRAECIPE TO THE PROTHONOTARY: Please issue a Writ of Summons in the above action. 4; -X" 4 j 4't? (Signature) Dated: dj /1-3. 'zo a <- Cc 0 A 0 0 _: IN THE COURT OF COMMON PLEAS OF Cgkn e,6,,. COUNTY, PENNSYLVANIA WRIT OF SUMMONS CIVIL ACTION - LAW AND EQUITY (o?'zq PIea?4h?- View ??rik , Yt{4rn Rsv+ 3G?( Plaintiffs, i.?p?y Splri? ?-ps;?1?1 ,')v, lth,? ?AVIt (''NaY1NIyIA? ?6,99; , one- ?r?ho??-i e Cavv JJ Defendants. TO DEFENDANTS: 40Y * `, 46"? A ? C 3 nl , ZI S?-ree4? Ply moil - 2248 11? ?'r3t f 4o,44- rr ?o s of - Z I s± S 4-"4 Caw,p)}il), PA, 1701(- ZZ83 NO. CI - 0 S --q -7 -!rb Jury Trial Demanded 4 23 4 Z I - 6?REE1 ea,-?, W; I ? , PA 17011 You are notified that 3 4x4plaintiffs, has commenced an action against you. Date: 13, U -60S , PROTHONOTARY BY: u?c 2?p1 t, DEPUTY Copy to: Plaintiff C; ;a =r 00 0 , ?,xw6;t c J ?L ! I vw. ,a I ?V-, 0.H v? ?GY1-e " T, ?1t L vs f Case No. 5'? `'f 7 ?y 4i-Y 4PIKIT f ~I-fr4L , 4titi 4A*I;lt 416t"Al* 4 , Fai-'? ?A-355, ,Yla+-i? ?rr Statement of Intention to Proceed To the Court: 4 I ( ? ? Qehe ?cFi intends to proceed with the above captioned matter. Print Name !bZ??I?V+? ?I?7 Z r 7? Sign Name Date: ID 0 _ Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. ]Me timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (dx2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. RECYCUD 0 j,.,, ;6 ? DICIQE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANTS BY: Thomas M. Chairs, Esquire HOLY SPIRIT HOSPITAL, ANNE MARIE ATTORNEY I.D. NO. 78565 MANNING, M.D., FAITH D. DAGGS, M.D., 1200 Camp Hill Bypass, Suite 205 AND NURSE MARIE CARR Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax Estate of Joshua Isaiah Dietz, By His IN THE COURT OF COMMON PLEAS Parents and Natural Guardians Kellum B. OF CUMBERLAND COUNTY, Dietz, Sr., and Rene J. Dietz, PENNSYLVANIA Plaintiffs, V. NO. 05-4750 CML ACTION - MEDICAL Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr, Defendants. JURY TRIAL DEMANDED RULE TO FILE COMPLAINT AND NOW, this day of r4W , 2010, a Rule is hereby issued upon Plaintiffs to file a Complaint in the above-captioned case within twenty (20) days aler service of the Rule or suffer a judgment of non pros. By: (NOTE: File in duplicate) Prothon tary Deputy RECYCLED Czh?b?f ? DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) Estate of Joshua Isaiah Dietz, By His Parents and Natural Guardians Kellum B. Dietz, Sr., and Rene J. Dietz, Plaintiffs, V. Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr, Defendants. ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, C-1 PENNSYLVANIA n?t _ M co NO. 054750 rv N _? r ? CIVIL ACTION - MEDICAL .. -- w 7m JURY TRIAL DEMANDED TEN DAY NOTICE To: Kellum B. Dietz, Sr. and Rene J. Dietz 6829 Pleasantview Drive Thomasville, PA 17364-9278 Date of Notice: February 18, 2010 (a) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT INTHE 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 Street Carlisle, PA 17013-3387 Carlisle, PA 17013 (717) 240-6195 (717) 249-3166 (800) 990-9108 f Date: February 18, 2010 Respectfully submitted, DICKIE, MCCAMEY By: & C COTE, P.C. Thom s 1 . Chairs; Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants 2 i ?cvc?FA f ?? s E(It;rn>, l?, ?fi2 sr C? Gar O3 Y)d fl?hC? 3, ?i E ?2 e ?ps MAR 05 Luij TV) I h v e C) ?k r,? c? C (svn ro c=n Opal (3t- \j, C?cer,+y y fer Ivu. 05,4-15u 0 \"Wo,1 QC+k mn - LpW A n d b n ?-I l s '+ Th C(G y b?-' M 0'Y C? ,?) 6 (p I h-15 1104 dtP n+ r l L a ?'?GtCnPrA fli -PL c L 6 C4 O? y S. ? i I , _nc, e t.(Jk t ? ,rr, rfc, I ti -- `6y -T?e C(" u \( ?-) S c , C?, r(Jl Keh S ??'efi? FR(,? Sff, Ia\ r t' ?Ps ,?) p nt C) s a+tC)?r?y ?.e-P eY)C(?h+s F PLAINTIFFS, PRO SE Kellum B. Dietz, Sr. and Rene' J. Dietz PRO SE 6829 Pleasantview Drive Thomasville, PA 17364 (717) 225-3254 (Tel) ATTORNEY FOR DEFENDANTS DICKIE, MCCAMEY & CHILCOTE, P.C. By: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 208 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) Estate of Joshua Isaiah Dietz, By His Parents and Natural Guardians Kellum B. Dietz, Sr and Rene' J. Dietz, Plaintiffs V. Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr, Defendants. IN THE COURT OF COMMON PLEAS. OF CUMBERLAND COUNTY, 2 ° PENNSYLVANIA K M[ti M NO. 05-4750 jrn C S M x' C:: tv ...a N JURY TRIAL DEMANDED OBJECTION TO TEN DAY NOTICE AND MOTION TO EXTEND FILING OF COMPLAINT To: Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Date: March 4, 2010 (a) Response and Objection to Ten Day Notice & Motion to Extend Filing of Civil Complaint PLAINTIFFS ACKNOWLEDGE THAT THEY HAVE NOT FILED AS OF THIS DATE A COMPLAINT IN THE ABOVE MATTER. PLAINTIFFS, ACTING AS PRO SE IN THIS INSTANT MATTER, IS AGRESSIVELY SEEKING LEGAL REPRESENTATION IN ORDER TO PREPARE AND PROSECUTE THIS COMPLAINT AGAINST THE DEFENDANTS. IT IS RESPECTFULLY REQUESTED AND PETITIONED THAT THE DEFENDANT'S TEN DAY NOTIFICATION BE QUASHED AND THAT A MOTION BE GRANTED TO EXTEND THE FILING DATE OF OUR COMPLAINT FOR 60 DAYS FROM THE DATE OF THIS OBJECTION IN ORDER TO OBTAIN LEGAL CONSUL AND TO PREPARE AND FILE THE CIVIL COMPLAINT. PLAINTIFFS HAVE GOOD CAUSE AS TO WHY THIS MATTER SHOULD BE GRANTED AN EXTENSION. ON JANUARY 26, 2010, A NEW CHILD WAS BORN INTO THE DIETZ FAMILY JOINING THE NINE (9) OTHER SIBLINGS IN THE HOUSEHOLD. ONE SPOUSE MAINTAINS THE HOUSEHOLD FULL TIME, HOME-SCHOOLS THE NINE CHILDREN, WENT THROUGH PREGNANCY FOR NINE-MONTHS AND NOW HAS A NEW INFANT CHILD. THE OTHER SPOUSE WORKS FULL TIME SIX (6) DAY A WEEK AND IS ACTIVE IN THE CHURCH EVERY SUNDAY. ACCORDINGLY, PLAINTIFFS HAVE BEEN UNABLE TO DILIGENTLY PROSECUTE THIS MATTER AGGRESSIVELY FOR SOME TIME. SHOULD THE EXTENSION BE GRANTED, PLAINTIFFS WILL EFFECTIVELY RETAIN COUNSEL AND MOVE FORWARD WITH THE COMPLAINT. Respectfully submitted, Date: March 4, 2010 By: ellum B. Dietz By: zor: ? Rene' J. Dietz 6829 Pleasantview Drive Thomasville, PA 17364 (717) 225-3254 Plaintiffs, Pro Se 1 ?rµ•; f ~ 'V V zV- '4. v CERTIFICATE OF SERVICE AND NOW, March 30, 2010, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR AN EXTENSION OF TIME TO FILE COMPLAINT 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: Kellum B. Dietz, Sr. and Rene J. Dietz 6829 Pleasantview Drive Thomasville, PA 17364-9278 (Pro Se Plaintiffs) 5 APR: 0 7 X010 (n ESTATE OF JOSHUA ISAIAH DIETZ, BY HIS PARENTS AND NATURAL GUARDIANS KELLUM B. DIETZ, SR., AND RENE J. DIETZ, PLAINTIFFS v. HOLY SPIRIT HOSPITAL, ANNE MARIE MANNING, M.D., FAITH D. DAGGS, M.D., AND NURSE MARIE CARR, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OS-4750 CIVIL ACTION -MEDICAL JURY TRIAL DEMANDED ORDER ~ r----- AND NOW, this : ~S day of ~~ LL-c , 2010, upon consideration of Plaintiffs' Request for an Extension of time to File their Complaint, and Defendants' Response in Opposition thereto, it is hereby ORDERED that a Judgment of Non Pros is entered in favor of the Defendants and against Plaintiffs for Plaintiffs' failure to file a Complaint. BY THE COURT: A~~ A. ~ ~~Y~~~ ~~~ ~~~ K • -~~'~z ~~~a1td ~~ J c n . t'i'l r ,1 ~ rn ~ 1-° - rn, , ~ ; ; ~ ~; °~ r~+ ~~ ~- DICHIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. N0.78565 BY: Aaron S. Jayman, Esquire ATTORNEY LD. N0.85651 ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HOSPITAL, ANNE MARIE MANNING, M.D., FAITH D. DAGGS, M.D., AND NURSE MARIE CARR 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Fax) ESTATE OF JOSHUA ISAIAH DIETZ, BY HIS PARENTS AND NATURAL GUARDIANS KELLUM B. DIETZ, SR., AND RENE J. DIETZ, PLAINTIFFS 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 115-4750 V. HOLY SPIRIT HOSPITAL, ANNE MARIE MANNING, M.D., FAITH D. DAGGS, M.D., AND NURSE MARIE CARR, DEFENDANTS CIVIL ACTION -MEDICAL JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF NONPROS n ~? ~-- .::; -- ~ ~, -t, ~' ~ ' - c_._ 'T • ~; ~_ , -,-, :-n _ , ~ ~ cr, ,. ~-:. ; . <~ - .. _ ~ ... -< TO THE PROTHONOTARY: Kindly enter Judgment of Non Pror against Plaintiffs, the Estate of Joshua Isaiah Dietz by his P~~rents and I~Tatural Guardians, Kellum B. Dietz, Sr. and Rene J. Dietz, Parents and Natural Guardians and in favor of Defendants, Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D. and Nurse Marie Carr pursuant to the Court Order dated June 25, 2010 which is attached as Exhibit "A." .~-~y,d 4 ~ any ck ~aa 1f 6 ~-~ ~y~¢ ~ ~~~u w~~j Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: June 29, 2010 By: A'aro a ~i, Esquire Supr me C rt I.D. No. 85651 1200 mp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717 731-4800 Attorney for Defendants, Holy Spirit Hospital, Anne Marie Mannifzg, M.D., Faith D. Daggs, M.D., and Nurse Marie Carr 2 EXHIBIT "A" APROi2010 ESTATE OF JOSHUA ISAIAH DIETZ, BY HIS PARENTS AND NATURAL GUARDIANS KELLUM B. DIETZ, SR., AND RENE J. DIETZ, PLAINTIFFS IN THE COURT OF CONI~ION PLEAS OF CUNIBERLAND COUNTY, PENNSYLVANIA NO. OS-4750 v. HOLY SPIRIT HOSPITAL, ANNE l~'IARIE MANNING, M.D., FAITH D. DAGGS, tiI.D., AND NURSE IvIARIE CARR, DEFENDANTS CIVIL ACTION - ivIEDICAL JURY TRIAL DEMANDED ORDER AND NOW, this ~~day of ~,~(~~~ , 2010, upon consideration of Plaintiffs' Request for an Extension of time to File their Complaint, and Defendants' Response in Opposition thereto, it is hereby ORDERED that a Judgment of Non Pros is entered in favor of the Defendants and against Plaintiffs for Plaintiffs' failure to file a Complaint. BY THE COURT: ~~! ~ CERTIFICATE OF SERVICE AND NOW, June 29, 2010, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing JUDGMENT 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: Kellum B. Dietz, Sr. and Rene J. Dietz 6829 Pleasantview Drive Thomasville, PA 17364-9278 Aaro . J yman, Esquire ESTATE OF JOSHUA ISAIAH DIETZ, BY HIS PARENTS AND NATURAL GUARDIANS KELLUM B. DIETZ, SR., AND RENE J. DIETZ, PLAINTIFFS V. HOLY SPIRIT HOSPITAL, ANNE MARIE MANNING, M.D., FAITH D. DAGGS, M.D., Al~'D NURSE MARIE CARR, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OS-4750 CIVIL ACTION -MEDICAL JURY TRIAL DEMANDED NOTICE OF ENTRY OF NON PROS TO: Estate of Joshua Isaiah Dietz by his Parents and Natural Guardians Kellum B. Dietz, Sr. and Rene J. Dietz 6829 Pleasantview Drive Thomasville, PA 17364-9278 Date of Notice: June 29, 2010 Please be advised that a Judgment of Non Pros has been entered against you and in favor of Defendants, Holy Spirit Hospital, Anne Marie Manning, M.D., Faith D. Daggs, M.D. and Nurse Marie Carr, in the above-captioned action. Date: (, o2D 16