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  • Grant Vs PanicoMedical Malpractice document preview
  • Grant Vs PanicoMedical Malpractice document preview
  • Grant Vs PanicoMedical Malpractice document preview
  • Grant Vs PanicoMedical Malpractice document preview
  • Grant Vs PanicoMedical Malpractice document preview
  • Grant Vs PanicoMedical Malpractice document preview
  • Grant Vs PanicoMedical Malpractice document preview
  • Grant Vs PanicoMedical Malpractice document preview
						
                                

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. bony: 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