HomeMy WebLinkAbout03-2927
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION LAW
MARY ROBINSON
1329 N. Alden Street
Philadelphia, PA 19131
vs.
TERM,
HMC HOSPITALITY MANAGEMENT
CORP. d/b/a RADISSON PENN
HARRIS HOTEL
1150 Camp Hill Byp.
Camp Hill, PA 17011
NO. 0.3 - ~9~ 7
C,o~l'J~
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET
FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENrY (20) DAYS AFfER
THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITIEN APPEARANCE
PERSONALLY OR BY ATIORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSE OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL
TO DO SO THE CASE MAY PROCEED WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN
THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU
MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORT ANT TO YOU.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE mE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVE., CARLISLE, PA 17013
717-249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION LAW
CHRISTOPHER L. GIDDINGS, P.C.
By: Christopher 1. Giddings
Attorney Identification No. 72063
3000 Market Street, Suite 201
Philadelphia, PA 19104
(215) 243-3450
MARY ROBINSON
1329 N. Alden Street
Philadelphia, P A 19131
THIS IS AN ARBITRATION MATTER.
AN ASSESSMENT OF DAMAGES
HEARING IS REQUIRED.
ATTORNEY FOR PLAINTWF
vs.
TERM,
NO. C>3 -
QompliuJ./rw.,
HMC HOSPITALITY MANAGEMENT :
CORP. d/b/a RADISSON PENN
HARRIS HOTEL
1150 Camp Hill Byp.
Camp Hill, P A 17011
COMPLAINT - CIVIL ACTION
NEGLIGENCE 2S - PREMISES LIABILITY - SLIP & FALL
1. Plaintiff is an adult individual who resides at the address set forth in the
caption above.
2. Defendant is a corporation which at all times relevant, and especially on the
date and time of the accident alleged herein, did business as Radisson Penn Harris Hotel,
with its principal and regular place of business at the address set forth in the caption
above.
3. At all times relevant, and especially on the date and time of the accident
alleged herein, defendant owned, possessed, operated, controlled, and was responsible for
the inspection and maintenance of the supermarket located at 1150 Camp Hill Byp.,
Camp Hill, P A 17011.
4. At all times relevant, and especially on the date and time of the accident
alleged herein, defendant was acting directly or through its agents, servants and/or
employees, who, in turn, were acting within the scope and course of their employment, in
the furtherance of the business of the defendant.
5. At all times relevant, and especially on the date and time of the accident
alleged herein, plaintiff was lawfully on the property and premises of the Radisson Penn
Harris Hotel, located at 1150 Camp Hill Byp., Camp Hill, P A 17011, as a business
invitee, and as such was owed the highest degree of care by defendant.
6. At all times relevant, and especially on the date and time of the accident
alleged herein, and for a long time before the accident which is the subject of this suit,
there existed a dangerous and defective condition upon defendant's property and
premises, i.e., an accumulation of hills and ridges of snow and ice
7. On or about March 17, 2002, at the Radisson Penn Harris Hotel, 1150 Camp
Hill Byp., Camp Hill, P A, plaintiff was standing on the sidewalk of defendant's property
and premises cleaning off her car, when she was caused to slip and fall backwards on the
aforesaid accumulation of hills and ridges of snow and ice on defendant's property and
premises.
8. The fall of plaintiff was caused by the negligence of defendant that owned,
possessed, operated, controlled and was responsible for the inspection and maintenance
of the Radisson Penn Harris Hotel.
9. Defendant was negligent in:
a) permitting the dangerous condition of hills and ridges of snow and ice
to exist on the property and premises;
b) permitting the property and premises to remain in a dangerous
condition;
c) failing to remove the hills and ridges of snow and ice from the property
and premises;
d) failing to make safe the dangerous condition;
e) failing to inspect the property and premises;
f) failing to warn the plaintiff of the dangerous condition;
g) failing to properly light the property and premises;
h) failing to erect and maintain a proper barrier preventing persons from
encountering said dangerous condition;
i) failing to provide safe and proper ingress, egress, and passage thereby
causing unreasonable risk of injury to people such as plaintiff;
j) failing to use reasonable prudence and care to keep the property and
premises in a safe condition for people such as plaintiff;
k) negligence and recklessness at law.
10. By reason of the negligence of defendant, Plaintiff sustained serious personal
injury, which may include injuries to the head, neck, back, upper and lower extremities,
severe shock to the nerves and nervous system, including but not limited to post-
concussion syndrome, left shoulder sprain and strain, left wrist sprain and strain,
lumbosacral sprain and strain, all of which may continue for an indefinite period of time
into the future,
11. As a direct result of the negligence of defendant, the plaintiff was, is, and yet
in the future, will be rendered sick, sore, lame and disordered and she has, yet does, and
will in the future sustain pain, harm, damage and suffering.
12. As a further result of the negligence of defendant, the plaintiff has, yet does,
and will in the future, sustain loss of eamings and earning power and has been, yet is, and
will in the future be unable to attend to her usual duties, occupations and to the essentials
of daily living.
13. As a further result of the negligence of the defendant, the plaintiff has had to
spend money for medicine and medical attention in order to attempt to effect a cure, treat
and alleviate the signs and symptoms of her personal injuries, and she may have to spend
monies for medicine and medical attention indefinitely into the future for the same or
similar purpose.
14. The plaintiff has sustained and Will in the future sustain further harm, damage
and inconvenience.
WHEREFORE, plaintiff does demand judgment in her favor and against
defendant in an amount not in excess of $50,000.00, together with costs according to law.
CHRISTOPHER L. GIDDINGS, P.C.
Dated:
b /17 IcY:>
By:(;
-AJ'~
Christopher L. Giddings
VERIFICATION
MAR Y A. ROBINSON hereby states she is the plaintiff in this action and veri lies the
statements made in the foregoing pleading are true and correct. to the best of her
knowledge. information and belief. The undersigned understands that the statements
therein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn
falsification to authorities.
DATE:
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MARY ROBINSON
1329 N. Alden Street
Philadelphia, P A 19131
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
v.
NO. 03-2927 Civil Term
HMC HOSPITALITY MANAGEMENT
CORP. d/b/a RADISSON PENN HARRIS
HOTEL
1150 Camp Hill Bypass
Camp Hill, PA 17011
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant
TO: PROTHONOTARY
Please enter the appearance of Jeffrey B. Rettig, Esquire, and Hartman, Osborne &
Rettig, P.C., on behalf of Defendant, Radisson Penn Harris Hotel, in regard to the above-
captioned action.
Respectfully submitted,
HARTMAN, OSBORNE & RETTIG, P.C.
By
Attorneys for Defendant, Radisson
Penn Harris Hotel
CJg'ftFlCA'f\E0FSERVI'CE
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I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy ofthe foregoing
document upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States mail, first-class postage prepaid, as follows:
Christopher L. Giddings, Esquire
Christopher L. Giddings, P.C.
3000 Market Street, Suite 20 I
Philadelphia, PA 19104
(Attorney for Plaintiff)
HARTMAN, OSBORNE & RETTIG, P.C.
By
ffrey B. Rettig, Es re
upreme Ct. l.D. #1 16
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Date: 1 II 6/ o}
Attorneys for Defendant, Radisson Penn
Harris Hotel
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GREGORY L. SCHELL, LLC
BY: GREGORY L. SCHELL, ESQUIRE
Attorney J.D. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia P A 19102
(215) 545-9000
THIS IS A MAJOR NON-JURY
MATTER. ASSESSMENT OF
DAMAGES IS REQUIRED.
Attorney for Plaintiff
MARY ROBINSON
1329 N. ALDEN STREET
PHILADELPHIA, PA 19131
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
HMC HOSPITALITY MANAGEMENT
CORP., D/B/A RADISSON PENN
HARRIS HOTEL
1150 CAMP HILL BYP.
CAMP HILL, P A 17011
NO; 03-2927
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance as co-counsel for the Plaintiff, Mary Robinson in the above-
captioned matter.
GREGORY L. SCHELL, LLC
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-02927 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ROBINSON MARY
VS
HMC HOSPITALITY MANAGEMENT COR
VALERIE WAERY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HMC HOSPITALITY MANAGEMENT CORP DBA RADISSON PENN HARRIS the
DEFENDANT
, at 1425:00 HOURS, on the 9th day of July
, 2003
at 1150 CAMP HILL BYPASS
CAMP HILL, PA 17011
by handing to
PAMELA ROADCAP, GUEST SERVICES ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
10.35
.00
10.00
.00
38.35
So Answers:
~f?6~~~
R. Thomas Kline
07/10/2003
LEGAL-EASE ENTERPRISES
Sworn and Subscribed to before
By:
(i1-;'sfc~
me this )1. 'e. day of
O.L d.l!I)3 A.D.
A J~O.~II~.,.Pflr-
\.. A:rothonotary ,,1
MARY ROBINSON
1329 N. Alden Street
Philadelphia, PA 19131
Plaintiff
v.
HMC HOSPITALITY MANAGEMENT
CORP. d/b/a RADISSON PENN HARRIS
HOTEL
1150 Camp Hill Bypass
Camp Hill, PA 17011
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-2927 Civil Term
CNIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Mary Robinson, Plaintiff
c/o Gregory ScheU, Esquire
230 South Broad Street
Suite 1050
Philadelphia, PA 19102
(Counsel for Plaintiff)
You are hereby notified to file a written response to the enclosed Defendant's Answer
with New Matter within twenty (20) days from service hereof or a judgment may be entered
against you.
Dated: J! I :3 / f) 3
RespectfuUy submitted,
HARTMAN, OSBORNE & RETTIG, P.e.
effrey B. Rettig, E
Supreme Ct. #1961
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Attorney for Defendant
MARY ROBINSON
1329 N. Alden Street
Philadelphia, PA 19131
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
v.
NO. 03-2927 Civil Term
HMC HOSPITALITY MANAGEMENT
CORP. d/b/a RADISSON PENN HARRIS
HOTEL
1150 Camp Hill Bypass
Camp Hill, PA 17011
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant
AND NOW comes the Defendant, by its attorneys, Hartman, Osborne & Rettig, P.C. and
answers Plaintiffs Complaint as follows:
1. It is admitted that the Plaintiff is who she says she is. As to the balance of the
allegations ofthis paragraph, after reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth thereof and proof is demanded.
2. Denied as stated. It is admitted that the Defendant did and does business as
Radisson Penn Harris Hotel with a place of business at 1150 Camp Hill Bypass, Camp Hill,
Pennsylvania.
3. Denied. This allegation represents a conclusion oflaw to which no reply is
required. It is admitted that the Defendant operated and was responsible for the Radisson Penn
Harris Hotel premises. It is denied that there was a supermarket located at that address or that the
Defendant has any involvement with a supermarket.
4. Denied as stated. Without identifying the alleged agents, servants and employees,
Defendant is unable to respond to this allegation.
5. Denied as stated. On information and belief, it is admitted that the Plaintiff was at
the premises of the Radisson Penn Harris Hotel on the date of this incident. As to Plaintiffs
status, Defendant is without knowledge or information sufficient to form a belief as to the truth
thereof and proof is demanded. The allegation that Plaintiff was "owed the highest degree of
care" represents a conclusion of law to which no reply is required.
6. Denied. It is denied that for a long time prior to this accident there existed an
accumulation of hills and ridges of snow and ice on Defendant's premises.
7. Denied as stated. It is denied that there was an accumulation of hills and ridges of
snow and ice on Defendant's property as alleged. As to the balance of the allegations ofthis
paragraph, after reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth thereof and proof is demanded.
8. Denied. This allegation is denied pursuant to Pa.R.C.P. 1029.
9. Denied. These allegations are denied pursuant to Pa.R.C.P. 1029.
10-13. The allegations of negligence are denied pursuant to Pa.R.C.P. 1029. As to the
balance of the allegations ofthese paragraphs, after reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to the truth thereof and proof is
demanded.
14. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth thereof and proof is demanded.
WHEREFORE, Defendant request that Plaintiffs Complaint be dismissed without cost to
it.
2
NEW MATTER
15. At the time of Plaintiffs fall there was a general snowy condition in the area of
Defendant's hotel.
16. It is denied that the snow and ice that Plaintiff allegedly slipped and fell on had
accumulated into the hills and ridges.
17. Plaintiff has or may have failed to mitigate her damages.
WHEREFORE, Defendant request that Plaintiffs Complaint be dismissed without cost to
it.
Respectfully submitted,
HARTMAN, OSBORNE & RETTIG, P.C.
B:k
Attorneys for Defendant, Radisson
Penn Harris Hotel
3
VERIFICATION
I, Tom Dickert ofRadisson Penn Harris Hotel and Convention Center, hereby verify and
state that the facts set forth in the foregoing DEFENDANT'S ANSWER TO PLAINTIFF'S
COMPLAINT are true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section
4904 relating to unsworn verification to authorities.
Dated:
~)>
CERTIFICATE OF SERVICE
I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing
document upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States mail, first-class postage prepaid, as follows:
Gregory L. Schell, Esquire
230 South Broad Street
Suite 1050
Philadelphia, PA 19102
(Counsel for Plaintiff)
HARTMAN, OSBORNE &
Date:
g/ /3/03
Attorneys for Defendant, Radisson Penn
Harris Hotel
GREGORY L. SCHELL, LLC
BY: GREGORY L. SCHEU., ESQUIRE
Attorney LD. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia PA 19102
(215) 545-9000
THIS IS A MAJOR NON-JURY
MATTER. ASSESSMENT OF
DAMAGES IS REQUIRED.
Attorney for Plaintiff
MARY ROBINSON
1329 N. ALDEN STREET
PHILADELPHIA, PA 19131
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
HMC HOSPITALITY MANAGEMENT
CORP., D/B/A RADISSON PENN
HARRIS HOTEL
1150 CAMP HILL BYP.
CAMP HILL, PA 17011
NO: 03-2927
CERTIFICATE OF SERVICE
I hereby certify that Plaintiff's Reply to New Matter of Defendant, HMC
Hospitality Management Corp., d/b/a Radisson Penn Harris Hotel was served upon
the interested party or counsel of record set forth below, by U.S. Mail on September 2, 2003.
Jeffrey B. Rettig, Esquire
Hartman, Osborne & Rettig, P.C.
126-128 Walnut Street
Harrisburg PA 17101
GREGORY L. SCHELL, LLC
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GREGORY L. SCHELL, LLC
BY: GREGORY L. SCHELL, ESQUIRE
Attorney J.D. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia PA 19102
(215) 545-9000
THIS IS A MAJOR NON-JURY
MATTER. ASSESSMENT OF
DAMAGES IS REQUIRED.
Attorney for Plaintiff
MARY ROBINSON
COURT OF COMMON PLEAS
CUMBERLAND COUNlY
vs.
HMC HOSPITALITY MANAGEMENT
CORP., DIB/A RADISSON PENN
HARRIS HOTEL
NO: 03-2927
PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT,
HMC HOSPITALIlY MANAGEMENT
CORP., DIB/A RADISSON PENN HARRIS HOTEL
15-17. Denied. The averments contained in paragraphs 15 through 17,
inclusive, of Defendant, HMC Hospitality Management Corp., d/b/a Radisson Penn Harris
Hotel's New Matter to Plaintiff's Complaint constitute conclusions of law to which no response
is required and so, the same are hereby denied. To the extent that either paragraph 15 or 16
can be construed to aver facts, the same are specifically denied. Strict proof thereof is
demanded at the time of trial.
WHEREFORE, Plaintiff requests that Defendant's New Matter be dismissed; and further
that judgment be entered in favor of the Plaintiff and against the Defendant, both jointly and
severally, in a sum in excess of Fifty Thousand ($50,000.00) Dollars plus damages for delay as
provided by law.
GREGORY L. SCHELL, LLC
BY:G~4s' L-.
Attorney for Plaintiff
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GREGORY L. SCHELL, LLC
BY: GREGORY L. SCHELL, ESQUIRE
Attorney I.D. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia PA 19102
(215) 545-9000
THIS IS A MAJOR NON.JURY
MAlTER. ASSESSMENT OF
DAMAGES IS REQUIRED.
Attorney for Plaintiff
MARY ROBINSON
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
HMC HOSPITALITY MANAGEMENT
CORP., D/B/A RADISSON PENN
HARRIS HOTEL
NO: 03.2927
PETITION OF GREGORY L. SCHELL, ESQUIRE
TO WITHDRAW AS COUNSEL FOR PLAINTIFF
1. The undersigned entered his appearance as attorney for Plaintiff and thereafter
caused a Complaint to be filed. Since then the undersigned has diligently represented Plaintiff
in the above case through the pleading stage and initial discovery stage.
2. Presently, significant and irreparable differences have arisen between the
undersigned counsel and the Plaintiff which require the undersigned to withdraw as counsel on
behalf of the Plaintiff.
3. Presently the undersigned is unable to continue to represent this client and
requests permission to withdraw.
4. Plaintiffs counsel requests that all proceedings stay for ninety (90) days until
such time as Plaintiff have an opportunity to engage substitute counsel and that time limits be
expanded accordingly.
WHEREFORE, Plaintiffs counsel requests permission to withdraw.
GREGORY L. SCHELL, LLC
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By' . '
.G .~.ESQ ,
VERIFICATION
I, Gregory L. Schell, Esquire, hereby verify that the statements made in the foregoing
Petition are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to
unsworn falsifications to authorities.
G~'~'
GREGORY L. SCHELL, LLC
BY: GREGORY L. SCHELL, ESQUIRE
Attorney J.D. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia PA 19102
(215) 545-9000
THIS IS A MAJOR NON-JURY
MATTER. ASSESSMENT OF
DAMAGES IS REQUIRED.
Attorney for Plaintiff
MARY ROBINSON
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
HMC HOSPITALITY MANAGEMENT
CORP., D/B/A RADlSSON PENN
HARRIS HOTEL
NO: 03-2927
MEMORANDUM OF LAW IN SUPPORT OF
PETITION TO WITHDRAW AS COUNSEL
Pennsylvania Rules of Professional Conduct at Rule 1.16 require an attorney to
withdraw from representation of a client upon the occurrence of certain conditions, one of
which also includes Rule 3.1. Certain issues have arisen between attorney and client concerning
this case which are irreparable. Under these circumstances, the Code of Professional Conduct
requires the attorney to withdraw and that such be done in a way so as to protect the client's
interest to the extent that is reasonably practicable. The undersigned is attempting to follow
those procedures and requests this Court to issue a stay to enable him to comply with the Rules
of Professional Conduct.
GREGORY L. SCHELL, LLC
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GREGORY L. SCHELL, LLC
BY: GREGORY L. SCHELL, ESQUIRE
Attorney J.D. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia PA 19102
(215) 545-9000
THIS IS A MAJOR NON.JURY
MATTER. ASSESSMENT OF
DAMAGES IS REQUIRED.
Attorney for Plaintiff
MARY ROBINSON
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNIY
HMC HOSPITALITY MANAGEMENT
CORP., D/B/A RADlSSON PENN
HARRIS HOTEL
NO: 03-2927
CERTIFICATE OF SERVICE
I hereby certify that Petition to Withdraw as Counsel for Plaintiff was served upon
the interested party or counsel of record set forth below, by U.S. Mail on March 24, 2004.
Jeffrey B. Rettig, Esquire
Hartman, Osborne & Rettig, P.C.
126-128 Walnut Street
Harrisburg PA 17101
Mary Robinson
1329 N. Alden Street
Philadelphia PA 19131
Christopher L. Giddings, Esquire
Christopher L. Giddings, P.C.
3000 Market Street, Suite 201
Philadelphia PA 19104
GREGORY L. SCHELL, LLC
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GREGORY L. SCHELL, LLC
BY: GREGORY L. SCHELL, ESQUIRE
Attorney J.D. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia PA 19102
(215) 545-9000
THIS IS A MAJOR NON-JURY
MA'ITER. ASSESSMENT OF
DAIMAGES IS REQUIRED.
Attorney for Plaintiff
MARY ROBINSON
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
HMC HOSPITALITY MANAGEMENT
CORP., D/B/A RADlSSON PENN
HARRIS HOTEL
NO: 03-2927
RULE TO SHOW CAUSE
AND NOW, to wit, this
%+t
day of
.4-1' ,,/
, 2004, a
Rule is granted upon the Plaintiff, Mary Robinson, to show cause why the Petition to
Withdraw of Gregory L. ScheU, Esquire, should not be confirmed.
~t
gay of ,2004, at .H. in
, Cal;!ide, PA-:- .70 ota., ~ '11V .IVVI A .
Said Rule is Returnable QR the
AU proceedings to stay meanwhile.
BY THE COURT:
Co py {'(\t>.,ILOl ~o C,AmicJp\..er c;.,oloI,n
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GREGORY L. SCHELL, LLC
BY: GREGORY L. SCHELL, ESQUIRE
Attorney I.D. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia PA 19102
(215) 545-9000
THIS IS A MAJOR NON-JURY
MAITER. ASSESSMENT OF
DAMAGES IS REQUIRED.
Attorney for Plaintiff
MARY ROBINSON
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNlY
HMC HOSPITALITY MANAGEMENT
CORP., D/B/A RADlSSON PENN
HARRIS HOTEL
NO: 03-2927
PETITION TO MAKE RULE ABSOLUTE PURSUANT TO
RULE 208-2 OF CUMBERLAND COUNlY RUILES OF PROCEDURE
1. The undersigned entered his appearance as co-counsel for Plaintiff and thereafter
caused a Complaint to be filed. Since then, the undersigned has diligently represented Plaintiff
in the investigation of this premises liability claim arising out of an accident which occurred on
March 17, 2002.
2. Thereafter, significant and irreparable differences arose between the undersigned
counsel and the Plaintiff, which required the undersigned to withdraw as counsel on behalf of
the Plaintiff.
3. On March 26, 2004, the undersigned filed a Petition to Withdraw as Counsel for
Plaintiff (which is a document of record and is incorporated herein by reference).
4. On AprilS, 2004, this Honorable Court entered a Rule to Show Cause granting
Plaintiff/Respondent, Mary Robinson, thirty (30) days after selvice to file an answer thereto. A
true and correct copy of the Court's Rule to Show Cause Order dated AprilS, 2004, is attached
hereto, incorporated herein and marked Exhibit "A".
5. A copy of the Rule to Show Cause entered by the Court on AprilS, 2004, was
served upon the Plaintiff and defense counsel on April 14, 2004, by U.S. Mail, Postage Pre-paid
as evidenced by the attached letters marked collectively as Exhibit "B" hereto.
6. To date, Plaintiff!Respondent has failed to file an answer or other response to
Plaintiff's Petition to Withdraw.
7. Pursuant to Rule 208-2 of the Cumberland County Rule of Procedure, Plaintiff
hereby moves that the Rule accompanying Plaintiffs Petition to Withdraw as Counsel be made
absolute, and that counsel be granted leave to file a Praecipe to Withdraw from representation
of Plaintiff,
8. Plaintiff, Mary Robinson can thereafter proceed pro se or retain new counsel.
9. Plaintiffs current address for purposes of the Court record for service is 1329
North Alden Street, Philadelphia, PA 19131.
WHEREFORE, it is respectfully requested that this Honorable Court enter the attached
Order permitting counsel to withdraw as counsel for the Plaintiff.
GREGORY L. SCHELL, LLC
IVii-\R 2 9 2004
GREGORY L. SCHELL, LLC
BY: GREGORY L. SCHELL, ESQUIRE
Attorney !.D. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia PA 19102
{215) 545-9000
THIS IS A MAJOR NON-JURY
MATTER. ASSESSMENT OF
DAMAGES IS REQUIRED.
Attorney for Plaintiff
MARY ROBINSON
VS.
COURT OF COMMON PLEAS
CUMBERlAND COUNTY
HMC HOSPITALI1Y MANAGEMENT
CORP., D/B/A RADlSSON PENN
HARRIS HOTEL
NO: 03-2927
RULE TO SHOW CAUSE
AND NOW, to wit, this 5'}~ day of ----At; I , 2004, a
Rule is granted upon the Plaintiff, Mary Robinson, to show cause why the Petition to
Withdraw of Gregory L. Schell, Esquire, should not be confirmed.
c:.a;~ RlIlg ii Re8in.ab~ 01. tile.
day of
, 2QgQ, :!t
1>4 in
RS8uI
ell
, Calrlishl, Pi\:- 30 dcrs q.f}~ S'((V;L(,
All proceedings to stay meanwhile.
BY THE COURT:
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GREGORY L. SCHELL, LLC
230 South Broad Street, Suite 1050, Philadelphia Pa 19102
215-545-9000 . 800-545-1981 . FAX: 215-545-9540
April 14,2004
Mary Robinson
1329 N. Alden Street
Philadelphia PA 19131
Re: Mary Robinson vs. HMC Hospitality Management Corp.,
d/b/a Radfsson Penn Harris Hotel
CCP, Cumberland County, No. 03-2927
Dear Ms. Robinson:
Enclosed please find a copy of the Rule to Show Cause entered by the Court on April
5,2004. You have thirty (30) days from today's date within which to file an answer or
response to my petition to withdraw as your attorney in this matter.
Very truly yours,
GREGORY L. SCHEll
GLS/mch
Enclosure
r.
GREGORY L. SCHELL, LLC
230 South Broad Street, Suite 1050, Philadelphia Pa 19102
215-545-9000 . 800-545-1981 . FAX: 215-545-9540
April 14, 2004
Jeffrey B. Rettig, Esquire
Hartman, Osborne & Rettig, P.C.
126-128 Walnut Street
Harrisburg PA 17101
Re: Mary Robinson vs. HMC Hospitality Management Corp.,
d/b/a Radlsson Penn Harris Hotel
CCP, Cumberland County, No. 03-2927
Dear Mr. Rettig:
Enclosed please find a copy of the Rule to Show Cause entered by the Court on April
5, 2004 in the above matter. The Court has granted Ms. Robinson thirty (30) days after
selVice of the Rule within to file an answer or response to my Petition.
To date, I have not heard from new counsel nor have I heard anything further from
the Robinsons.
Very truly yours,
GREGORY L. SCHEll.
GLS/mch
Enclosure
VERIFICATION
I, Gregory L. Schell, Esquire, hereby verify that the statements made in the foregoing
Petition are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to
unsworn falsifications to authorities.
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BY: GREGORY L. SCHElL, ESQUIRE
Attorney LD. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia PA 19102
(215) 545-9000
THIS IS A MAJOR NON-JURY
MATTER. ASSESSMENT OF
DA'~GES IS REQUIRED.
Attorney for Plaintiff
MARY ROBINSON
COURT OF COMMON PLEAS
CUMBERLAND COUNfY
vs.
HMC HOSPITALITY MANAGEMENT
CORP., D/B/A RADlSSON PENN
HARRIS HOTEL
NO: 03-2927
CERTIFICATE OF SERVICE
I hereby certify that Petition to Make Rule Absolulte Pursuant to Rule 208-2 of
Cumberland County Rules of Procedure was served upon the interested party or counsel
of record set forth below, by U.S. Mail on June 14, 2004.
Jeffrey B. Rettig, Esquire
Hartman, Osborne & Rettig, P.C.
126-128 Walnut Street
Harrisburg PA 17101
Mary Robinson
1329 N. Alden Street
Philadelphia PA 19131
Christopher L. Giddings, Esquire
Christopher L. Giddings, P.C.
3000 Market Street, Suite 201
Philadelphia PA 19104
GREGORY L. SCHELL, LLC
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GREGORY L. SCHELL, LLC
230 South Broad Street, Suite 1050, Philadelphia Pa 19102
215-545-9000 . 800-545-1981 . FAX: 215-545-9540
April 14, 2004
Mary Robinson
1329 N. Alden Street
Philadelphia PA 19131
Re: Mary Robinson vs. HMC HosPitality Mcrnagement Corp.,
d/b/a Radlsson Penn Harris Hotel
CCP, Cumberland County, No. 03-292:r
Dear Ms. Robinson:
Enclosed please find a copy of the Rule to Show Cause entered by the Court on April
5,2004. You have thirty (30) days from today's date within which to me an anSWer or
response to my petition to withdraw as your attorney in this matter.
Very truly yours,
GLS/mch
Enclosure
GREGORY L. SCHELL
r,
GREGORY L. SCHELL, LLC
230 South Broad Street, Suite 1050, Philadelphia Pa 19102.
215-545-9000 . 800-545-1981 . FAX: 215-545-9540
April 14, 2004
Jeffrey B. Rettig, Esquire
Hartman, Osborne & Rettig, P.C.
126-128 Walnut Street
Harrisburg PA 17101
Re: Mary Robinson vs. HMC HosPitality Management Corp.,
d/b/a Radlsson Penn Harris Hotel
CCP, Cumberland County, No. 03.292,r
Dear Mr. Rettig:
Enclosed please find a copy of the Rule to Show Cause entered by the Court on April
5, 2004 in the above matter. The Court has granted Ms. Robinson thirty (30) days after
service of the Rule within to file an answer or response to m1' Petition.
To date, I have not heard from new counsel nor have I heard anything further from
the Robinsons.
Very truly yours,
GLS/mch
GREGORY L. SCHEU.
Enclosure
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GREGORY L. SCHELL, LLC
BY: GREGORY L. SCHELL, ESQUIRE
Attorney I.D. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia PA 19102
(215) 545-9000
JUN ~04
THIS IS A MAJOR NON.JURY
MATTER. ASSESSMENT OF
DAMAGES IS REQUIRED.
Attorney for Plaintiff
MARY ROBINSON
VS.
COURT OF COMMON PLEAS
CU]~BERLAND COUNTY
HMC HOSPITALITY MANAGEMENT
CORP., DIBIA RADISSON PENN
HARRIS HOTEL
NO: 03-2927
ORDER
AND NOW, to wit, this
t8 day of
~1...!.r
, 2004, upon
consideration of the Petition to Withdraw of Gregory L. Schell, Esquire, it is hereby ORDERED
and DECREED that counsel shall be permitted to withdraw their appearance as attorney for
Plaintiff by the filing of a Praecipe within thirty (30) days of the date hereof.
BY THE COURT:
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GREGORY L. SCHELL, LLC
BY: GREGORY L. SCHELL, ESQUIRE
Attorney J.D. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia PA 19102
(215) 545-9000
THIS IS A MAJOR NON-JURY
MATTER. ASSESSMENT OF
DA!\fAGES IS REQUIRED.
Attorney for Plaintiff
MARY ROBINSON
vs.
COlURT OF COMMON PLEAS
CU]~BERLAND COUNTY
HMC HOSPITALITY MANAGEMENT
CORP., D/B/A RADlSSON PENN
HARRIS HOTEL
NO: 03-2927
PRAECIPE TO WITHDRAW APPEARANCE
ON BEHALF OF PLAINTIFF
TO THE PROTHONOTARY:
Kindly withdraw the appearance of the undersigned as attorney for plaintiff in
accordance with Order of Court, dated July 6, 2004, a copy of which is attached as Exhibit
"A" and incorporated herein.
GREGORY L. SCHELL, LLC
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By: ' .
ego L. S If, Es ire
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GREGORY L. SCHELL, LLC
BY: GREGORY L. SCHELL, ESQUIRE
Attorney !.D. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia PA 19102
(215) 545-9000
JUN 3 0 2004
THIS IS A MAJOR NON-JURY
MATTER. ASSESSMENT OF
DAMAGES IS REQUIRED.
Attorney for Plaintiff
MARY ROBINSON
COURT OF COMMON PLEAS
CUMBERLAND COUNlY
vs.
HMC HOSPITALITY MANAGEMENT
CORP., D/B/A RADlSSON PENN
HARRIS HOTEL
NO: 03-2927
ORDER
AND NOW, to wit, this t.. e-
day of -44
, 2004, upon
consideration of the Petition to Withdraw of Gregory L. ScheU, Esquire, it is hereby ORDERED
and DECREED that counsel shaD be permitted to withdraw their appearance as attorney for
Plaintiff by the filing of a Praecipe within thirty (30) days of the date hereof.
BY THE COURT:
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GREGORY L. SCHELL, LLC
BY: GREGORY L SCHELL, ESQUIRE
Attorney I.D. No. 42969
230 S. Broad Street, Suite 1050
Philadelphia PA 19102
(215) 545-9000
THIS IS A MAJOR NON-JURY
~[A1TER. ASSESSMENT OF
DAMAGES IS REQUIRED.
A1torney for Plaintiff
MARY ROBINSON
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNlY
HMC HOSPITALllY MANAGEMENT
CORP., D/B/A RADISSON PENN
HARRIS HOTEL
NO: 03-2927
CERTIFICATE OF SERVICE
I, Gregory L Schell, Esquire hereby certify that a copy of the Court's Order of
July 6, 2004 and Praecipe to Withdraw Appearance 4)n Behalf of Plaintiff were
served J.pon the interested party or counsel of record set forth below, by U.S. Mail on
f q , 2004.
.
Jeffrey B. Rettig, Esquire
Hartman, Osborne & Rettig, P.C.
126-128 Walnut Street
Harrisburg PA 17101
Mary Robinson
1329 N. Alden Street
Philadelphia PA 19131
GREGORY L. SCHELL, LLC
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By: Christopher L. Giddings
Attorney Identification No.: 72063
3000 Market Street, Suite 201
Philadelphia, PA 19104
(215) 243-3450
Attorney for Plaintiffs
MARY ROBINSON
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
vs.
HMC HOSPITALITY MANAGEMENT
CORP., d/b/a RADISSON PENN
HOTEL
NO: 03-2927
WITHDRAWAL OF APPEARANCE
To the Prothonotary:
Kindly withdrawal my appearance as attorney for plaintiff for the above captioned
matter.
CHRlSTOPF~R L. GIDDINGS, P.C.
By~~L~
Attorney for Plaintiff
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MARY ROBINSON
1329 N. Alden Street
Philadelphia, PA 19131
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
NO. 03-2927 Civil Term
v.
HMC HOSPITALITY MANAGEMENT
CORP. d/b/a RADlSSON PENN HARRIS
HOTEL
1150 Camp Hill Bypass
CampHill,PA 17011
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant
ORDER OF COURT
AND NOW 4;0~ /3 ,2004, in consider~on of the foregoing Petition for
Appointment of Arbitrators, ~ Jiu ~' Esquire,
11ltlAJ!- iJd~, Esquire and (~ r ' Esquire,
are appointed arbitrators in the above-captioned actt2 as prayed for.
BY THE COURT
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MARY ROBINSON
1329 N. Alden Street
Philadelphia, PA 19131
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
v.
NO. 03-2927 Civil Term
HMC HOSPITALITY MANAGEMENT CORP.
d/b/a RADISSON PENN HARRIS HOTEL
1150 Camp Hill Bypass
Camp Hill, PA 17011
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
PETITION FORAPPOINTMl?NT OF ARBITRATORS
TO: THE HONORABLE, THE JUDGES OF SAID COURT:
Hartman, Osborne & Rettig, P.C., counsel for the Defendant, HMC Hospitality Management
Corp., d/b/a Radisson Penn Harris Hotel, in the above action, respectfully represents that:
I. The above-captioned action is at issue.
2. The claim of the plaintiff in the action is less than $25,000.
The following attorneys are interested in the case as counselor are otherwise disqualified to sit as
arbitrators: Jeffrey B. Rettig, Esquire; Plaintiff is pro se.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
I'
By --a! /
Jeffrey B. Rettig, Es e
Supreme Ct.I.D. #19616
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Attorneys for Defendant, Radisson Penn
Harris Hotel
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Plaintiff
v.
HMC HOSPITALITY MANAGEMENT
CORP. d/b/a RAmSSON PENN HARRIS
HOTEL
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-2927 Civil Term
CIVIL ACTION - LAW
JURY TRL<\L DEMANDED
PRAECIPE TO DISCONTINU~
TO THE PROTHONOTARY:
Please discontinue the above-referenced matter with prejudice.
Dated:~ 1?ljlf
By:~(L~~
Mary b nson
1329 orth Alden Street
Philadelphia, PA 19131
Pro Se Plaintiff
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CHRISTOPHER L. GIDDINGS, P.C.
By: Christopher L. Giddings, Esquire
Attorney Identification No. 72036
3000 Market Street, Suite 201
Philadelphia, PA 19104
(215) 243-3450
ATTOKNEYFORPLArnTWF
MARY ROBINSON
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
vs.
HMC HOSPITALITY MANAGEMENT
CORP., D/B/A RADISSON PENN
HARRIS HOTEL
NO. 03..2927
ORDER TO MARK ACTION SETTLED,
DISCONTINUED AND ENDED
TO THE PROTHONOTARY:
Please mark the above action settled, discontinued and ended as to all claims and
cross claims against defendant HMC Hospitality Management Corp., d/b/a Radisson
Penn Harris Hotel.
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Christopher L. Giddings
3000 Market Street, Suite 201
Philadelphia, PA 19102
Attorney for Plaintiffs
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2927 CIVIL
MARY ROBINSON
HMC HOSPITALITY
MANAGEMENT CORP. d/b/a
RADISSON PENN HARRIS HOTEL
IN RE: APPOINTMENT OF ARBITRATORS
ORDER OF COURT
AND NOW, December 9, 2004, Frederick Huganir, Esquire, having previously
been appointed as chairman of the arbitration panel in the above matter and having
learned that the case was withdrawn, the panel of arbitrators previously appointed is
vacated, and Attorney Huganir is awarded the sum of $50.00.
By the Court,
Geo~
P.J.
Court Administrator
/Frederick Huganir, Esquire - L~
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2927 CIVIL
HMC HOSPITALITY
MANAGEMENT CORP. d/b/a
RADISSON PENN HARRIS HOTEL
IN RE: APPOINTMENT OF ARBITRATORS
ORDER OF COURT
AND NOW, December 9, 2004, Frederick Huganir, Esquire, having previously
been appointed as chairman of the arbitration panel in the above matter and having
learned that the case was withdrawn, the panel of arbitrators previously appointed is
vacated, and Attorney Huganir is awarded the sum of $50.00.
By the Court,
P.J.
Court Administrator
~
Frederick Huganir, Esquire