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HomeMy WebLinkAbout10-1122NORMAN ORRELL, Plaintiff V. TRUE GREEN HOMES, LLC d /b/a HOTEL CARLISLE & EMBERS CONVENTION CENTER, SUITE DREAD, LLC d/b/a HOTEL CARLISLE & EMBERS CONVENTION CENTER, TRUE GREEN HOMES, LLC, and DINESHCHANDRA G. PATEL Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ; - NO: /Q - ?l a? CMG n M c? cn JURY TRIAL DEMANDED `j cry -mac PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Cumberland County Sheriff's Office. Date: ' '4,q/ o Respectfully submitted, 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff To The Above Named Defendants: Suite Dreams, LLC d/b/a Carlisle Hotel & Embers Convention Center 1700 Harrisburg Pike Carlisle, PA 17015 WRIT OF SUMMONS True Green Homes, LLC d/b/a Carlisle Hotel & Embers Convention Center 1005 Azlen Lane Chalfont, PA 18914 Dineshehandra G. Patel c/o True Green Homes, LLC 1005 Azlen Lane Chalfont, PA 18914 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: DqJ6y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~w,y,tr pt ~u+nGr~~+T ~ ~t -, :~~. 4FF = r "~! JIFF ;1F THE PA~Tf-1C?f~fAAY ZOIU MAR -3 AM 9= 4 ~ Ct1~~~~~1`.,~~ ~i7NTY Norman Orrell Case Number vs. 2010-1122 Suite Dreams, LLC d/b/a Carlisle Hotel & Embers Convention Center (et al.) SHERIFF'S RETURN OF SERVICE 02/17/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Dineshchandra G. Patel c/o True Green Homes, LLC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Bucks County, PA to serve the within Writ of Summons according to law. 02/17/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: True Green Homes, LLC d/b/a Carlisle Hotel & Embers Convention Center but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Bucks County, PA to serve the within Writ of Summons according to law. 02/23/2010 Bucks County Return: And now February 23, 2010 at 1345 hours I, Edward J. Donnelly, Sheriff of Bucks County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: True Green Homes, LLC d/b/a Carlisle Hotel & Embers Convention Center by making known unto Dineshchandra G. Patel, adult in charge at 1005 Azlen Lane, Chalfont, PA 18914 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/23/2010 01:45 PM -Bucks County Return: And now February 23, 2010 at 1345 hours I, Edward J. Donnelly, Sheriff of Bucks County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Dineshchandra G. Patel by making known unto herself personally, at 1005 Azlen Lane, Chalfont, PA 18914 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/24/2010 09:44 AM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2010 at 0944 hours, she served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Suite Dreams, LLC d/b/a Carlisle Hotel & Embers Convention Center, by making known unto Caitrin Smith, Front Desk Clerk for Suite Dreams, LLC d/b/a Carlisle Hotel & Embers Convention Center at 1700 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the sa e. VALERIE WEAR ,DEPUTY SHERIFF COST: $74.84 March 01, 2010 SO ANSWERS, ~¢~~~ --- RON R ANDERSON, SHERIFF (cl Gou;iiySuite She:.ft', Telec.^;uft Inc. 0 Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Dn lr 61 "; Carlisle, PA 17013 (717) 241-6070 Fax (717) 241-6878 snyder@romingerlaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NORMAN J. ORRELL V. TRUE GREEN HOMES, LLC d/b/a HOTEL CARLISLE & EMBERS CONVENTION CENTER; SUITE DREAMS, LLC d/b/a HOTEL CARLISLE & EMBERS CONVENTION CENTER; TRUE GREEN HOMES, LLC; DINESHCHANDRA G. PAT'EL; and GLENDALE MANAGEMENT COMPANY, LLC d/b/a HOTEL CARLISLE & EMBERS CONVENTION CENTER Defendants JURY TRIAL DEMANDED N O T I C E FOUHAVE BEENSUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court 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 important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Plaintiff Docket No. 10-1122 Civil Action - LAW N O T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la facha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en Persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas encontra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Fax (717) 241-6878 snyder@romingerlaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NORMAN J. ORRELL Plaintiff Docket No. 10-1122 V. Civil Action - LAW TRUE GREEN HOMES, LLC d/b/a HOTEL CARLISLE & EMBERS CONVENTION CENTER; SUITE DREAMS, LLC d/b/a HOTEL CARLISLE & EMBERS CONVENTION CENTER; JURY TRIAL DEMANDED TRUE GREEN HOMES, LLC; DINESHCHANDRA G. PATEL; and GLENDALE MANAGEMENT COMPANY, LLC d/b/a HOTEL CARLISLE & EMBERS CONVENTION CENTER Defendants COMPLAINT NOW COMES, Plaintiff, Norman J. Orrell, by and through his Attorney, Steven R. Snyder, Esquire of the law Firm of Rominger & Associate, and files the within Complaint and in support thereof avers the following: 1. Plaintiff is Norman Orrell, an adult individual with his permanent residence located at 2001 South Ocean Boulevard, Villa II, Apartment 109A, Myrtle Beach, South Carolina, 29557. 2. Defendant is True Green Homes, LLC individually and True Green Homes, LLC d/b/a Hotel Carlisle & Embers Convention Center, the owner of the property where Plaintiff was injured as set forth herein, with its office located at 1700 Harrisburg Pike, Carlisle, Cumberland County, PA 17015. Defendant is Suite Dreams, LLC d/b/a Hotel Carlisle & Embers Convention Center, the owner of the property where Plaintiff was injured, located at 1700 Harrisburg Pike, Carlisle, Cumberland County, PA 17015. 4. Defendant is Dineshchandra G. Patel individually and as owner of True Green Homes, LLC d/b/a/ Hotel Carlisle & Embers Convention Center, the owner of the property where Plaintiff was injured located at 1700 Harrisburg Pike, Carlisle, Cumberland County, PA 17015. Defendant is Glendale Management Company, LLC d/b/a Hotel Carlisle & Embers Convention Center, the owner of the property where Plaintiff was injured located at 1.700 Harrisburg Pike, Carlisle, Cumberland County, PA 17015. 6. On December 26, 2008 Plaintiff entered onto Defendant's property, the Comfort Suites located at 1700 Harrisburg Pike, Carlisle, Cumberland County, PA 17015, where he had made reservations to stay. 7. When Plaintiff open the door of Defendant's Hotel, for his wife to enter, he took one step back and fell backwards over a fourteen inch in diameter and one foot high planter filled with sand and salt which was placed right by the entrance of the hotel. As a direct and foreseeable result of Plaintiffs fall over the planter located by the entrance to Defendant's hotel., Plaintiff sustained severe injury requiring immediate and continued medical treatment, and he continues to struggle with on-going pain and suffering. 9. Following the accident Plaintiff reported to his family physician, Dunes Medical Center, P.A. where he was seen by Dr. James L. Floyd, Jr., complaining of severe pain to the right side of his buttock and back. 10. Plaintiff was diagnosed by Dr. Floyd as having a contusion in the right buttock area and was prescribed pain medication. 11. Still suffering from pain in his buttock and back, on January 12, 2009, Plaintiff was seen at Strand Orthopedic Consultants by Dr. James Merritt, IV where x-rays revealed that Plaintiff sustained a compression fracture to his lower spine. 12. An MRI was performed on Plaintiff, on January 13, 2009, at Carolina Forest Imaging Center, LLC wherein the MRI showed that there was acute compression of the L2 vertebral body. 13. On January 19, 2009, Plaintiff was seen by Dr. Merritt who reviewed the MRI with Plaintiff and recommend that Plaintiff undergo a vertebroplasty procedure. 14. On January 27, 2009, Plaintiff had the vertebroplasty procedure performed. 15. On April 20, 2009, Plaintiff was again examined by Dr. Merritt wherein he was diagnosed with having a L2 fracture. 16. After a period of recovery and still suffering from back pain, on May 6, 2009, Plaintiff was seen at Atlantic Physical Therapy & Rehabilitation wherein he started physical therapy. 17. After approximately nineteen (19) therapy sessions, Plaintiff's condition was no longer improving, and so Medicare would no longer pay for the therapy sessions. 18. On February 16, 2010, Plaintiff, through his attorneys filed a Writ of Summons in Cumberland County Court of Common Pleas which was duly served on the Defendants. COUNTI NEGLEGENCE 19. Paragraphs 1 through 18 are incorporated herein as though fully set forth at length. 20. Defendant has a duty to insure that Defendant's property is free from obstacles, especially near the entrance to the hotel, which could cause an invitee to fall and sustain serious bodily injury. 21. Defendant did breach its duty to insure that their property was free from obstacles, which could foresee-ably cause an invitee to fall and sustain serious bodily injury, when Defendant placed a one foot high planter directly adjacent to the entrance to the hotel which anyone opening the door would not see and could fall backwards over and sustain serious bodily injury. 22. As a direct and foreseeable result of Defendant's breach of the duty to keep the entrance area of their hotel free of obstacles, Plaintiff did, while opening the door for his wife and himself, in order to enter the hotel, fall backwards over the planter and sustain serious bodily injury, pain and suffering and having to assume expenses for medical treatment. 23. Defendant's breach of the duty to keep the entrance area of their hotel free of obstacles was both the direct and proximate cause of Plaintiff s financial damages, in the form of medical bills, physical injuries, pain and suffering. WHEREFORE, Plaintiff requests both actual and punitive damages for Plaintiff's actual losses, as well as severe pain and suffering, in an amount in excess of the limits of arbitration and such other relief as the court may deem proper. Respectfully submitted, Date: October 24, 2011 By: / ?-- Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Attorney for Plaintiff VERIFICATION I, Norman J. Orrell, verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ©b?C?71t' /0 Zelf Norman J. Orrell, aintiff Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Fax (717) 241-6878 snyder@romingerlaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NORMAN J. ORRELL Plaintiff Docket No. 10-1122 V. Civil Action - LAW TRUE GREEN HOMES, LLC d/b/a HOTEL CARLISLE & EMBERS CONVENTION CENTER; SUITE DREAMS, LLC d/b/a HOTEL CARLISLE & EMBERS CONVENTION CENTER; JURY TRIAL DEMANDED TRUE GREEN HOMES, LLC; DINESHCHANDRA G. PATEL; and GLENDALE MANAGEMENT COMPANY, LLC d/b/a HOTEL CARLISLE & EMBERS CONVENTION CENTER Defendants CERTIFICATE OF SERVICE I, Steven R. Snyder, Esquire, hereby certify that a true and correct copy of the foregoing Complaint was served upon the Defendant listed below at the following address below by depositing the same in the United States Mail, Certified, Return Receipt Requested, at Carlisle, Pennsylvania: Hotel Carlisle & Embers Convention Center; 1700 Harrisburg Pike, Carlisle, PA 17015. True Green Homes, LLC c/o Hotel Carlisle & Embers Convention Center; at the above address Suite Dreams, Llc c/o Hotel Carlisle & Embers Convention Center; at the above address Dineshchandra G. Patel; c/o Hotel Carlisle & Embers Convention Center; at the above address Glendale Management Company, LLC, c/o Hotel Carlisle & Embers Convention Center, at the above address Date: October 24, 2011 By: C Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Attorney for Plaintiff DavidD. Buell Prothonotary Office of the <1'rothonotaiy Cum6erfancfCounty, Pennsylvania r&S. Sofionage, ESQ Solicitor CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 ® CarCsCe, TA 0 Thone 717 240-6195 0 TaK 717 240-6573