Preview
CPM L 000247-17 06/04/2018 Pg 1 of7 Trans ID: LCV2018991742
Soke New Jersey Judiciary
Ba
Be Superior Court - Appellate Division
Notice of Appeal
Type or cleaity print all information. Attach additional sheets if necessary.
peesr
.
(1) Tide in Full (As Captioned Below) (2) Attorney/Law Fi ‘tit ‘o'Se Litigant -
FRANCIENNA GRANT Name
PLAINTIFF PRO SE 2018 Bl
ay uP & 22
V. Street Address
4 ELLA AVENUE
WILLIAM HUNTLEY PANICO, DMD City State |Zi Telephone Number
DEFENDANT CMCH NJ 08210 609 408-7014
Email Address:
On Appeal from
(3) Trial Court Judge (4) Trial Court or State Agency {5) Trial Court or Agency Number
CHRISTOPHER GIBSON
Notice is hereby given that (6) FRANCIENNA GRANT appeals to the Appellate
Division from a (7) Bl Judgment or [] Order entered on 01/31/2018 __ in the (sel lect one)
& Civil, i Criminal, or (0 Family Part of the Superior Court 01 Tax Court or from a
(1 State Agency decision entered on
'8) If not appealing the entire judgment, order or a gency decision, specify what parts or paragraph
s are being
appealed.
9) Have all issues, as to all parties in this action, before the trial court or agency been Yes [No
disposed of? (In consolidated actions, all issues as to all parties in all actions must have
been disposed of.)
If not, has the order been properly certified as final pursuant to R. 4:42-2? 1 Yes 1 No
For criminal, quasi-criminal and juvenile actions only:
(10a) Give a concise statement of the offense and the judgment including date entered and any sentence or
disposition imposed:
10B) This appeal is from a 1] conviction CJ post judgment motion UO post-conviction relief.
If post-conviction relief, is itthe 1st (] 2nd (J other
Soa
(10C) Is defendant incarcerated? Yes LINo
Was bail granted or the sentence or disposition stayed? UO Yes (1 No
10D) If in custody, name the place of confinement:
Defendant was represented below by:
C1 Public Defender O self (7 private counsel —
‘specify
Revised 07/31/2017, CN 10837 (Appellate Pro Se Kit)
Revised 06/2016, CN 10502 (Notice of Appeal) page 17 of 25
.
Ail Sv SSS SSS
CPM L 000247-17 06/04/2018 Pg 2 of7 Trans ID: LCV2018991742 ="
,
4 (11) Notice of appeal and attached case information statement have been served where applicable on the
following:
Name Date of Service
Trial Court Judge CHRISTOPHER GIBSON 6 12018
Or aS Spbw as
Trial Court Division Manager
Cour} reopens
Tax Court Administrator
State Agency
Attorney General or Attorney far other
Governmental body pursuant to R. 2:5-1(a),
(e) or (h)
Other parties in this action:
Name and Designation Attorney Name, Address and Telephone No. Date of Service
WILLIAM HUNTLEY PANICO THOMAS A. MCCORMICK ESQ. G/ 2/2018
SUITE 750 ONE PENN CENTER
1617 JOHN F. KENEDY BLVD
PHILADELPHIA, PA 19103
(12) Attached transcript request form has been served where applicable on the following:
Date of Amount of
Name Service Deposit
Trial Court Transcript Office
Court Reporter (if applicable)
Supervisor of Court Reporters
Clerk of the Tax Court
State Agency
(13) Exempt from submitting the transcript request form due to the following:
1 No verbatim record.
(J Transcript in possession of attorney or pro se litigant {four copies of the transcript must be submitted
along with an electronic copy).
List the date(s) of the trial or hearing:
0 Motion for abbreviation of transcript filed with the court or agency below. Attach copy.
FD Motion for free transcript filed with the court below. Attach copy.
yo
| certify that the foregoing statements are true to the best of my dge, information ang-belief. | also
certify that, unless exempt, the filing fee rs red by N.J.S.A. 2 jas been p:
i Zz
14) G Japoors LSA fy ee
Date Signa of Attorney rt Pro Se Liaga
Revised 07/31/2017, CN 10837 (Appellate Pro Se Kit) page 18 of 25
Revised 06/2016, CN 10502 (Notice of Appeal)
CPM L 000247-17 06/04/2018 Pg 3 of7 Trans ID: LCV2018991742 ————-~emmtemnernnennane
Appendix Vi!
New Jersey Judiciary
Be Superior Court - Appellate Division
Civil Case Information Statement
Please type or clearly print ail information.
Tite in Full (1)
‘Trial Court or Agency Docket Number (2)
PRANCIENNA GRANT
CPM-L-000247-17
WILLIAM HUNTLEY PANICO, DMD
® Attach additional sheets as necessary for any information below.
(3) Appetlant’s Attorney Email Address:
Plaintiff [1 Defendant C1 Other (Specify)
Name
Client
FRANCIENNA GRANT PRO SE
Street Address
City State Zip Telephone Number
4 ELLA AVENUE CMCH NJ 08210 609 408-7014
(4) Respondent’s Attorney* Email Address:
Name Client
THOMAS A, MCCORMAICK Wallan Hunt}fay Panteo
Street Address State Zip Telephone Number
1617 JOHN F. KENEDY BLVD , SUITE 750 PHILADELPHIA PA 19103
“lncicate which partis, if any, did not participate below or were no longer partis to the action at the time of enivy ofthe
judgment or dacision being appealed.
(5) Give Date and Summary of Judgment, Order, or Decision Being Appeale
d and Attach a Coyey
cough
JANUARY 31 2018 AND APRIL 27,2018
“hi och
lorndtift & com w mn Goa
* id rd ner Plea a
Re ots
re 0 NBiyy « en on a Aon Nar ruel
ub
x nN
Yor On CAPRQ
to SAN
2°
y ntornscl Cort
RE VIS
4p_ chantcl
a.
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The
Yate
Yo Dan
couct Awmisasd
mht
arnt At
Plaini Hes Compleat, 4 Heap. f\ A to o5ybr)
3 f18 Court Sennk (Oeens dub toy
(6) Are there any claims against any Party below, either in this or a consolidated action,
which have not Ores No
been disposed of, including counterclaims, cross-claims, third-| Party claims and
applications for
counsel fees?
If so, has the Orde? been proper! y certified as final pursuant to R, 4:42-2? (If not, leave to appeal
must [] Yes Ono
be sought . R. 2:2-4,2°5-6)
(if the order has been certified, attach, toget ther with a copy of the order, a copy of the
complaint
or any other relevant pleadings and a brief ex, planation as to why the order qualified for
certification pursuant to R. 4:42-2.)
Were any claims dismissed without prejudice?
If so, explain and indicate any agreement between the parties concemin
Oyes MD No
g future disposition of
those claims.
(7) Is the validity of a statute, regulation, executive ord ler, franchise or constitut
ional provision of this State [] Yes (No
being questioned? (R. 2:5-1(h))
(8) Give a Brief Statement of the Facts and Procedural History:
6/2/2017 | filed a complaint against the defendant for fai iling fix poor dental work,
comp! at his office. Def. Dr. Panico never denied the co: mplaint being
6/19/17 Defen. received service of
served upon him at his office. Dr. Panico
never denied haven received the complaint, The defen wai is required
to contest or request extension of time by
712412017. Def. Panico did not contest complaint. Plain. Grant noticed
the court of Def. default and filed Papers for
entry of default. The court refused to review plaintiffs req
juest papers for entry of default. 8/ 2017 plaint reported
issues of judge Gibson's denial of plaints’ due process in the appell
court. 9/13/2017 Judge Gibson ordered Plaint.
Grant to respond to a letter the defend received, dated 6/:'S/17,
from the dental board requesting the defend. response
to.12/14/17 Grant leamed of this order. 4 2/19/17 Grant gi jave definite statement
respond direct to. Gibson stated plaint o fered dental board inform the court that defend had to
letter, whan T Covldnt my care who
letter as
yya PBF Fer ankor min IV
t
plaint &
f RG
lemand | write compl base on
bras + dacon Sidr ghia dong
Revised 07/31/2017, CN 10837 (Appellate Pro Se Kit)
Revised effective: 09/01/2016, CN 10500 (Appellate Civil CIS — pro se} page 20 of 25
CPM L 000247-17 06/04/2018 Pg 4 of7 Trans ID: LCV2018991742 ———-senesomensmmemnsarnenion
‘
\(9)' To the extent possible, list the Proposed issues to be raised on
the appeal as they will be described in appropriate
point headings pursuant to R. 2:6-2(a)(6). (Appellant or cross-appellant only.):
1. DENIAL OF SUBSTANTIVE AND PROC! EDURAL DUE PROCESS 28 U.S. CODE
2. COERCION LEADING TO DISMISSAL OF COMPLAINT 1983, S77 + (4? Amerdirent
1/31/2018 (GIBSON DEMAN. GRANT TO WRITE A
NEW COMPLAINT FROM A LETTER SENT TO DEFEN BY THE DENTAL BOARD). Gefaliation,, Taricasm.
3. VIOLATION OF PRO SE LITIGRANTS’ WRITES WITHIN THE JUDICIAL SYSTEM.
4. THE COURTS FAILURE TO CORRECT AN EGRE GIOUS ERROR AFTER THE FACTS WERE PRESENTED
UNDERMOTION TO VACATE/ RECONSIDERATION.
5. JUDGE GIBSONS TRANSCRIBING OF FAL: SE INFORMATION IN HIS 1/31/2-1
8 & 4/27/2018 DECISION
MEMORANDUMS WHICH ARE PREJUDICI AL TO PLAINTIFF, NOTE; DISCR
EPENC
DECISION NOTED IN PLAINTIFFS" 2/21/18 MOTION TO VACATE AND REINST IES OF 1/31/18 AHadyud 9
ATE. 4/27/18.TB CLARIFIED Attog
(19) If you are appealing from a judi igment entered by a trial judge
sitting without a jury or from/an order of the trial court,
complete the following:
1. Did the trial judge issue oral-findings or an Opinion? If so, on
what date? (7 Yes IENo
2. Did the trial judge issue written findings or an opinion? If so, on what date?
1/31/18, 4/27/18 Yes []No
3. Will the trial judge be filing a statement or an opinion pursuan
t to R. 2:5-1(b)? UO Yes DNe
Caution: Before you indicate that there was neither findings nor an
o| pinion, you should inquire of the trial judge to
determine whether findings or an opinion was placed on the record
out of counsel’s presence or whether the judge
will be filing a statement or opinion pursuant to R. 2:5-1( b).
Date of Your Inquiry:
|s there any appeal now pending ‘or about to be brought before this
court which:
(11) (A) Arises from substantially the same case or controversy as this appeal?
OyYes Hino
(12) (B) Involves an issue that is substantially the same, similar or related to an issue
in this appeal? MB Yes =] No
(13) 2. Was there any prior appeal involving this case or controversy?
C1 Yes Hi No
(14) If the answer to either 1 or 2 above is Yes, state:
Case Name: Appellate Division Docket Number:
GRANT V. YBANEZ CPML00047016
Civit appeals are screened for submiss ion to the Civil Appeals Settlement Program (CASP) te determine their
for settlement or, in the alternative, a simplificat tion of the issues and any potential
other matters that may aid in the disposition
or handling of the appeal. Please consider the: se when responding to the following
question. A negative response will
not necessarily rule out the scheduling of a p reargument conference.
(15) State whether you think this case may benefit from a CASP conference.
Explain your answer: Wi Yes CINo
Record shows, Dr. Panico was served with the complaint and
failed to plead. Pictures of the poor dental work, and
a large crown twisted and forced between two teeth and pictures showing
the tooth Dr. Panico was to have fixed
falling out, along with 3 dentists rey porting that the tooth in questio
n is a total loss and inplant is needed appears to
be clear and evident. The standai rd for the proceedure performed has
not been met and Damages are apparent.
{16) Whether or not an opinion is approved for publication in the official
Court Reporter books, the Judiciary posts all
Appellate Division opinions on the Intemet .
(17) | certify that confidential personal identifiers have been redacte
d from documents now submitted to the court, and
will be redacted from ail documents submitted in the future in accorda
nce with Rule 1:38-7(b).
(19)_ProSe_)
(18) Francienna Grant
Name of Appellant or Respondent
Name sel of
—~m
irname if not nid counsel)
be
(she
(20) 6/2018
cal
Be
Date
CALNY
Signature of Geangelof Record
{or your signature if not represented by counsel)
Revised 07/31/2017, CN 10837 {Appellate Pro Se Kit)
Revised effective: 09/01/2016, CN 10500 (Appellate Civil CIS — pro se) page 21 of 25
~
CPM L 000247-17 06/04/2018 Pg 5 of7 Trans ID: LCV2018991742 ==emetssse
©
CPM L 000247-17 01/31/2018 Pg 1 of 11 Trans ID: LCV2018197168
\Yachmonth HF
BY: THOMAS A. MCCORMACK, ESQUIRE ‘Commented [Watermark }:
ED No.: 040791996/822411989
1617 John F. Kennedy Boulevard
750 One Peon Center
Philadelphia, PA 19103
(215) 568-5116 ATTORNEY FOR
DEFENDANT
William BH. Panico,
DMD.
>_>
Francienna Grant, ProSe SUPERIOR COURT OF NEW
JERSEY - LAW DIVISION
CAPE MAY COUNTY
vs.
William H. Panico, D.M.D. NO. CPM-L-000247-17
Defendant
THIS MATTER having been opened to the court on application of counsel for
Defendant, William H. Panico, D.M.D. for an Order dismissing Plaintiff Pro Se’s action
for faiure to comply with a court order, pursuant to R. 4:37-2(a), and the court having
considered the moving papers, any opposition thereto, and for good cause shown,
IT IS on the__31% _ day of January 2018, ORDERED that Plaintiff Pro Se's case
be and hereby is DISMISSED without prejudice for failure to comply with this Court’s
Order
of September 13, 2017; and it is further
ORDERED that a copy of this Order shall be served on Plaintiff Pro Se within
seven (7) days of the receipt hereof.
Christopher ISL,
Ay P54
CPM L 000247-17 06/04/2018 Pg 6 of7 Trans ID: LCV2018991742 -srevsommessssstone
no CPM L 000247-17 04/27/2018 Pg 1 of 11 Trans ID: LCV2018741189
SUPERIOR COURT OF NEW JERSEY
CAPE MAY-LAW DIVISION
Francienna B. Grant
Plaintiff Civil Action
ve.
DOCKET NO.: CPM-L-247-17
William Huntley Panico, D.M.D.
Defendant Order
THIS MATTER having come before the Court on the motion of Plaintiff; and
the Court having considered the papers submitted; and for good cause shown;
ITIS ON THIS 27 day of April, 2018 ORDERED that:
1. Plaintiff, Francienna B. Grant’s Motion to Vacate the Court’s danuary 31,
2018 Order and Reinstate the Matter is denied.
. Christopher FSC,
Memorandum of Decision is attached.
CPM L 000247-17 06/04/2018 Pg 7 of7 Trans ID: LCV2018991742 =-—.tssstsseqesusestin
a
MENT IN pp
RTIFIED ST RT OF MOTION FOR OP) INDIGE!
PLEASE PRINT OR TYPE ALL INFORMATION
(1) Name FRANCIENNA GRANT Phone #(609) 408-7014
Address
Date of Birth Number of Dependents ——_—_______
EMPLOYMENT
(2) Employed By.
Position,
Monthly Salary $,
ASSETS (Attach additional sheets if necessary)
8) Other Income (Source and Monthly Amount)
(4) Checking/Savings Accounts (Name of Banking Institution and Present
Balance) ee
(5) Real Estate (Address, Present Value and Equity),
(6) Personal Property (Item and Present Value)
(7) Auto/Truck/Motorcycle (Year, Make and Present Equity),
(8) Other Assets (Type and Present Value)
UABILITIES (Attach additional sheets if necessary)
(9) Mortgage/Rent/Halfway House Payment Per Month $.
Mortgage Balance $.
(10) Outstanding Loans (Nature and Present Balance)
(11) Credit Cards (Name and Present Balance)
(12) Other Liabilities (Type and Present Amount)
(13) SET FORTH ANY OTHER RELEVANT INFORMATION CONCERNING
YOUR FINANCIAL CIRCUMSTANCES:
| have several cases that are in the judicial process costing funds
and time to prepare
unexpected increases in utility and gas bills which compromise
d my budget.
cERTIFIC) ON IN LIE! OATH RULE 4 H4(b
1 CERTIFY THAT TI FORE IG STATE! MADE BY ME ARE TI RUE. | AM AWARE THAT IF ANY OF THE
FOREGOING STATEMENTS
'LLFULLY FALSE, I AM SUBJECT TO PUNISHMENT.
(14) Signatur ATC Date: @/2 /2018
RANCIENNA GRANT
Revised 07/31/2017, CN 10837 (Appellate Pro
Se Kit)
Revised 08/1999, CN 10499 page 25 of 25