HomeMy WebLinkAbout11-0291i
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NORMAN L. DeLONG;
21 Hosack Road
Jackson Center, PA 16133
Plaintiff,
V.
SHANER HOTEL GROUP LIMITED
PARTNERSHIP, Individually and
t/d/b/a COURTYARD HARRISBURG
WEST/MECHANICSBURG;
c/o Corporation Service
Company
116 Pine Street, Suite 320
Harrisburg, PA 17101
SHANER OPERATING CORP.
Individually and t/d/b/a
COURTYARD HARRISBURG WEST/
MECHANICSBURG;
c/o Corporation Service
Company
116 Pine Street, Suite 320
Harrisburg, PA 17101
and
MARRIOTT INTERNATIONAL, INC.,
individually and t/d/b/a
COURTYARD HARRISBURG WEST/
MECHANICSBURG;
c/o Prentice-Hall Corporation
System, Inc.
116 Pine Street, Suite 320
Harrisburg, PA 17101
Defendants.
CASE NO.: 201 - ' Pjv; Te,
COMPLAINT
CODE AND CLASSIFICATION:
009 - OTHER TORT
Filed on behalf of
Dallas W. Hartman, Esq.
Attorney I.D. No. 41649
Douglas J. Olcott, Esq.
Attorney I.D. No. 204851
DALLAS W. HARTMAN, P.C.
2815 Wilmington Road
New Castle, PA 16105
(724) 652-4081
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NORMAN L. DeLONG;
Plaintiff,
CASE NO.: 2010-
JURY TRIAL DEMANDED
V.
SHANER HOTEL GROUP LIMITED
PARTNERSHIP, Individually and
t/d/b/a COURTYARD HARRISBURG
WEST/MECHANICSBURG;
SHANER OPERATING CORP.
Individually and t/d/b/a
COURTYARD HARRISBURG WEST/
MECHANICSBURG;
and
MARRIOTT INTERNATIONAL, INC.,
individually and t/d/b/a
COURTYARD HARRISBURG WEST/
MECHANICSBURG;
Defendants
MC)TTC'F.
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 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(s). You may lose
money or property or other rights that are important to you.
I
2
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 OBTAIN
LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FF.F.
Cumberland County Bar Association
34 S. Bedford Street
Carlisle, Pennsylvania
Telephone: 717-249-3166
DALLAS W. HARTMAN,,P.C.
Y
BY:
Attorneys Plaintiff
Dallas W. Hartman, Esq.
Attorney I.D. No. 41649
Douglas J. Olcott, Esq.
Attorney I.D. No. 204851
2815 Wilmington Road
New Castle, PA 16105
(724) 652-4081
3
n
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NORMAN L. DeLONG; CASE NO.:
Plaintiff, COMPLAINT
V.
SHANER HOTEL GROUP LIMITED
PARTNERSHIP, Individually and
t/d/b/a COURTYARD HARRISBURG
WEST/MECHANICSBURG;
SHANER OPERATING CORP.
Individually and t/d/b/a
COURTYARD HARRISBURG WEST/
MECHANICSBURG;
and
MARRIOTT INTERNATIONAL, INC.,
individually and t/d/b/a
COURTYARD HARRISBURG WEST/
MECHANICSBURG;
Defendants.
2010-( CND
COMPLAINT
AND NOW, comes the Plaintiff, NORMAN L. DeLONG, by and
through his attorneys, Dallas W. Hartman, P.C., and files the
following Complaint and avers as follows:
THE PARTIES
1. Plaintiff NORMAN L. DeLONG is an adult individual
currently residing at 21 Hosack Road, Jackson Center, Mercer
County, Pennsylvania 16133.
4
2. Defendant SHANER HOTEL GROUP LIMITED PARTNERSHIP,
individually and t/d/b/a COURTYARD HARRISBURG
WEST/MECHANICSBURG, is believed to be a foreign limited
partnership, registered in the State of Delaware, with a
registered agent address at c/o Corporation Service Company, 116
Pine Street, Suite 320, Harrisburg, Dauphin County, Pennsylvania
17101.
3. Defendant SHANER OPERATING CORP., individually and
t/d/b/a COURTYARD HARRISBURG WEST /MECHANICSBURG, is believed to
be a foreign corporation incorporated in the State of Delaware,
with a registered agent address at c/o Corporation Service
Company, 116 Pine Street, Suite 320, Harrisburg, Dauphin County,
Pennsylvania 17101.
4. It is believed and therefore averred that SHANER
?i OPERATING CORP. is the general partner of the SHANER HOTEL GROUP
LIMITED PARTNERSHIP.
5. It is believed and therefore averred that Defendants
SHANER HOTEL GROUP LIMITED PARTNERSHIP and SHANER OPERATING
CORP. are related companies and/or were involved in a joint
enterprise, and are hereinafter referred to collectively as
SHANER".
6. SHANER is the record owner of a certain parcel of
property located at 4921 Gettysburg Road, Mechanicsburg,
5
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Cumberland County, Pennsylvania 17055, commonly known as tr
COURTYARD HARRISBURG WEST/MECHANICSBURG.
7. Defendant SHANER is believed to be an approve
management company and franchisee of Marriott International
Inc. with its corporate headquarters located at 1965 Waddl
Road, State College, Centre County, Pennsylvania 16803.
8. Defendant MARRIOTT INTERNA'T'IONAL, INC., individual)
and t/d/b/a COURTYARD HARRISBURG WEST/MECHANICSBURG (hereinafte
"MARRIOTT") is believed to be a foreign corporation incorporate
in the State of Delaware with a registered agent address at c/
Prentice-Hall Corporation System, Inc:., 116 Pine Street, Suit
320, Harrisburg, Dauphin County, Pennsylvania 17101.
9. It is believed and therefore averred that Defendan
MARRIOTT is a hospitality company that operates and/o
franchises hotels under various names including, but not limite
to, Courtyard by Marriott.
FACTS
10. On or about February 13, 2009, Plaintiff NORMAN L.
DeLONG, was a business invitee at the Courtyard by Marriott
facility commonly known as the COURTYARD HARRISBURG
WEST/MECHANICSBURG located at 4921 Gettysburg Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
6
11. On that date Plaintiff NORMAN L. DeLONG was exiting
from the passenger side of a vehicle which had parked in the
parking lot of the COURTYARD HARRISBURG WEST/MECHANICSBURG.
12. As Plaintiff NORMAN L. DeLONG stepped back from the'
vehicle, while in the process of opening the vehicle door to
allow another occupant of the vehicle to exit, he fell'
approximately eight (8) feet down a drainage culvert located'
adjacent to the parking lot at the COURTYARD HARRISBURG.
WEST/MECHANICSBURG.
13. At all times relevant hereto, Plaintiff NORMAN L.
DeLONG was acting in a careful, cautious, and reasonable manner'
and in no way engaged in any conduct which caused or contributed
to the injuries and damages he sustained.
14. As a direct and proximate result of the Defendants'
negligence, Plaintiff NORMAN L. DeLONG was caused to sustain
serious and permanent bodily injuries set forth below.
COUNT I - NEGLIGENCE
NORMAN L. DeLONG vs. SHAKER HOTEL GROUP LIMITED PARTNERSHIP,
INDIVIDUALLY AND T/D/B/A COURTYARD HARRISBURG NEST/MECHANICSBURG
and SHAKER OPERATING CORP., INDIVIDUALLY AND T/D/B/A COURTYARD
HARRISBURG WEST/MECHANICSBURG
15. Paragraphs 1 through 14 are incorporated herein by
reference as though fully set forth in their entirety.
16. Defendant SHANER by and through its officers, agents,
servants, and/or employees designed and constructed the hotel
7
structure and parking lot located at 4921 Gettysburg Road,
Mechanicsburg, Cumberland County, Pennsylvania.
17. Defendant SHANER by and through its officers, agents,'
servants, and/or employees were, at the time of the February 13,
2009 incident, in control of the premises located at 4921
Gettysburg Road, Mechanicsburg, Cumberland County, Pennsylvania
and were responsible for the maintenance, upkeep, and condition
of the premises, including but not limited to, the parking lot
area where Plaintiff NORMAN L. DeLONG fell.
18. Defendant SHANER was negligent and breached its duty
of care owed to Plaintiff NORMAN L. DeLONG by one or more of the
following acts or omissions:
a. Improperly designing and constructing
the parking lot so as to create a
dangerous condition; to wit, an eight
(8) foot drop into a drainage culvert,
so close to the parking lot area;
b. Failing to fence off, barricade, and/or
provide a barrier so as to block off,
guard, and/or otherwise protect against
the eight (8) foot drop off, into a
drainage culvert, located so close to
the parking lot area;
C. Providing insufficient lighting to
allow a patron to clearly see the eight
and protect themselves against the (8)
foot drop off from the parking lot area
into the drainage culvert adjacent to
the parking lot area;
8
d. Failing to warn of the dangerous
condition created by the placement of
the parking lot area so close to an
eight (8) foot drop into a drainage
culvert;
e. Allowing the dangerous condition to
remain in the asphalt parking lot
thereby causing a dangerous and/or
defective condition;
f. Failing to alleviate the dangerous
condition of the parking lot area which
then and there existed on the day that
Plaintiff fell;
g. Failing to inspect the parking lot
area;
h. Failing to discover the existence of
the dangerous and/or defective
condition in the parking lot area;
i. Failing to implement proper procedures
for the prompt repair so as to correct
dangerous and/or alleviate the
dangerous and defective condition; and
j. Failing to develop proper procedures
for the inspection and discovery of
dangerous and/or defective conditions
in areas of the property under their
control.
19. As a direct and proximate result of the negligence of
Defendant SHANER, as set forth above, Plaintiff NORMAN L. DeLONG
was caused to suffer physical injuries to his body including but
not limited to the following:
9
a. severely comminuted intra-articular
distal radius and ulnar fracture of the
right upper extremity with significant
angulation, loss of height, and
displacement;
b. open reduction internal fixation of
greater than 3-part intra-articular
distal radius fracture, right wrist
with autograft and allograft bone
graft;
C. posterior interosseus neurectomy, right
wrist;
d. open reduction internal fixation ulnar
shaft fracture, right forearm;
e. displaced intra-articu.lar radial head
fracture of the left upper extremity;
f. pisotriquetral synovitis/arthritis,
right wrist;
g. post-traumatic arthritis;
h. Overall shock and generalized
trauma to his body, including but
not limited to his right and left arms;
i. Past, present and future physical pain,
suffering, trauma, embarrassment,
inconvenience and humiliation;
j. Past, present, and future emotional and
psychological pain, suffering,
distress, anguish, trauma,
embarrassment, inconvenience, and
humiliation;
k. Generalized weakness and loss of strength in
his right arm;
1. Scarring and disfigurement; and
10
M. Other serious, severe, and/or permanent
injuries which may become apparent prior to
trial.
20. As a further direct and proximate result of the
negligence of Defendant SHANER, as set forth above, Plaintiff
NORMAN L. DeLONG has undergone in the past and may continue to
undergo in the future numerous reasonable and necessary
surgeries, surgical procedures, medical treatment, and
rehabilitative treatment.
21. As a further direct and proximate result of the
negligence of Defendant SHANER, as set forth above, Plaintiff
NORMAN L. DeLONG was caused to endure pain, suffering,
inconvenience, humiliation, embarrassment, and loss of life's
pleasures.
22. As a further direct and proximate result of the
negligence of Defendant SHANER, as set forth above, Plaintiff
NORMAN L. DeLONG has incurred medical, therapeutic, and
rehabilitative expenses and may be caused to incur said expenses
into the indefinite future.
WHEREFORE, Plaintiff NORMAN L. DeLONG respectfully requests
this Honorable Court enter judgment against Defendants SHANER
HOTEL GROUP LIMITED PARTNERSHIP, individually and t/d/b/a
COURTYARD HARRISBURG WEST/MECHANICSBURG and SHANER OPERATING
CORP., individually and t/d/b/a COURTYARD HARRISBURG
WEST/MECHANICSBURG for an amount in excess of the arbitration
11
rr
limits of this Court plus interest and costs as the law mays
allow.
COUNT II - NEGLIGENCE
NORMAN L. DeLONG vs. MARRIOTT INTERNATIONAL, INC. INDIVIDUALLY
AND T/D/B/A COURTYARD HARRISBURG WEST/MECHANICSBURG
23. Paragraphs 1 through 22 are incorporated herein by
reference as though fully set forth in their entirety.
24. It is believed and therefore averred that Defendant)
MARRIOTT by and through its officers, agents, servants, and/orl
employees designed, provided the blue prints and specifications
for, and oversaw the construction of the hotel structure and
parking lot located at 4921 Gettysburg Road, Mechanicsburg,
Cumberland County, Pennsylvania.
25. Defendant MARRIOTT by and through its officers,
agents, servants, and/or employees were, at the time of the
February 13, 2009 incident, in control of the premises located
at 4921 Gettysburg Road, Mechanicsburg, Cumberland County,
Pennsylvania and were responsible for the maintenance, upkeep,
and condition of the premises, including but not limited to, the
parking lot area where Plaintiff NORMAN L. DeLONG fell.
26. Defendant MARRIOTT was negligent and breached its duty
of care owed to Plaintiff NORMAN L. DeLONG by one or more of the
following acts or omissions:
a. Improperly designing and
constructing the parking lot so as to
create a dangerous condition; to wit,
12
an eight (8) foot drop into a drainage
culvert, so close to the parking lot
area;
b. Failing to fence off, barricade, and/or
provide a barrier so as to block off,
guard, and/or otherwise protect against
the eight (8) foot drop off, into a
drainage culvert, located so close to
the parking lot area;
C. Providing insufficient lighting to
allow a patron to clearly see the eight
and protect themselves against the (8)
foot drop off from the parking lot area
into the drainage culvert adjacent to
the parking lot area;
d. Failing to warn of the dangerous
condition created by the placement of
the parking lot area so close to an
eight (8) foot drop into a drainage
culvert;
e. Allowing the dangerous condition to
remain in the asphalt parking lot
thereby causing a dangerous and/or
defective condition;
f. Failing to alleviate the dangerous
condition of the parking lot area which
then and there existed on the day that
Plaintiff fell;
g. Failing to inspect the parking lot
area;
h. Failing to discover the existence of
the dangerous and/or defective
condition in the parking lot area;
i. Failing to implement proper procedures
for the prompt repair so as to correct
dangerous and/or alleviate the
dangerous and defective: condition; and
13
j. Failing to develop proper procedures
for the inspection and discovery of
dangerous and/or defective conditions
in areas of the property under their
control.
27. As a direct and proximate result of the negligence ofd
Defendant MARRIOTT, as set forth above, Plaintiff NORMAN L.1
DeLONG was caused to suffer physical injuries to his body)
including but not limited to the following:
a. severely comminuted int.ra-articular
distal radius and ulnar fracture of the
right upper extremity with significant
angulation, loss of height, and
displacement;
b. open reduction internal fixation of
greater than 3-part intra-articular
distal radius fracture, right wrist
with autograft and allograft bone
graft;
c. posterior interosseus neurectomy, right
wrist;
d. open reduction internal fixation ulnar
shaft fracture, right forearm;
e. displaced intra-articular radial head
fracture of the left upper extremity;
f. pisotriquetral synoviti_s/arthritis,
right wrist;
g. post-traumatic arthritis;
h. Overall shock and generalized
trauma to his body, including but
not limited to his right and left arms;
i. Past, present and future physical pain,
suffering, trauma, embarrassment,
inconvenience and humiliation;
14
j. Past, present, and future emotional and
psychological pain, suffering,
distress, anguish, trauma,
embarrassment, inconvenience, and
humiliation;
k. Generalized weakness and loss of strength in
his right arm;
1. Scarring and disfigurement; and
M. Other serious, severe, and/or permanent
injuries which may become apparent prior to
trial.
28. As a further direct and proximate result of the
negligence of Defendant MARRIOTT, as set forth above, Plaintiff
NORMAN L. DeLONG has undergone in the past and may continue to
undergo in the future numerous reasonable and necessary
surgeries, surgical procedures, medical treatment, and
rehabilitative treatment.
29. As a further direct and proximate result of the
negligence of Defendant MARRIOTT, as set forth above, Plaintiff
NORMAN L. DeLONG was caused to endure pain, suffering,
inconvenience, humiliation, embarrassment, and loss of life's
pleasures.
30. As a further direct and proximate result of the
negligence of Defendant MARRIOTT, as set forth above, Plaintiff
NORMAN L. DeLONG has incurred medical, therapeutic, and
rehabilitative expenses and may be caused to incur said expenses
into the indefinite future.
15
t
WHEREFORE, Plaintiff NORMAN L. DeLONG respectfully requests
this Honorable Court enter judgment against Defendant MARRIOTT
INTERNATIONAL, INC., individually and t/d/b/a COURTYARD
HARRISBURG WEST/MECHANICSBURG for an amount in excess of the
arbitration limits of this Court plus interest and costs as they
law may allow.
RESPECTFULLY SUBMITTED,
BY:
Attorneys or Plaintiff
Dallas W. Hartman, Esq.
Attorney I.D. No. 41649
Douglas Olcott, Esq.
Attorney I.D. No. 204851
281.5 Wilmington Road
New Castle, PA 16105
(724) 652-4081
16
DALLAS W. HARTMAN, P.C.
VERIFICATION
I, NORMAN L. DeLONG, verify that I am the Plaintiff in the
foregoing action; that the attached Complaint is based upon
information which has been gathered by my counsel in the
preparation of the lawsuit. The language of the Complaint is
I that of counsel and not mine. I have read the Complaint and to
the extent that it is based upon information which I have given
to my counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent that the
contents of the Complaint are that of counsel, I have relied
upon counsel in making this Verification.
I understand that I am subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities
for any false statements that I made in the foregoing Complaint.
DATED: / 2-I l0
ICEMAN / DeL
17
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
?4w?rxtr a1 ??rarltr??fr?jd
OF,:,A *1-i FILED-OFFICE
Cr THE PROTHONOTARY
2011 JAN 24 AM 11: 17
CUMBERLAND COUNTY
PENNSYLVANIA
Norman L. DeLong I
vs.
Shaner Hotel Group Limited Partnership (et al.)
Case Number
2011-291
SHERIFF'S RETURN OF SERVICE
01/13/2011 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: Shaner Hotel Group Limited Partnership, individually
and t/d/b/a Courtyard Harrisburg West/ Mechanicsburg, but was unable to locate them in his bailiwick. He
therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice
according to law.
01/13/2011 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: Shaner Operating Corp., individually and t/d/b/a
Courtyard Harrisburg West/ Mechanicsburg, but was unable to locate them in his bailiwick. He therefore
deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according,
to law.
01/13/2011 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: Marriott International, Inc., individually and t/d/b/a
Courtyard Harrisburg West/ Mechanicsburg, but was unable to locate them in his bailiwick. He therefore
deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according,
to law.
01/19/2011 01:50 PM - Dauphin County Return: And now January 19, 2011 at 1350 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within i
Complaint and Notice, upon the within named defendant, to wit: Marriott International, Inc. individually and
t/d/b/a Courtyard Harrisburg West/ Mechanicsburg by making known unto Jennifer Smith, Customer
Service Associate for Marriott International, Inc. at 2595 Interstate Drive, Suite 103, Harrisburg,
Pennsylvania 17110 its contents and at the same time handing to her personally the said true and correct
copy of the same.
01/19/2011 11:16 AM - Dauphin County Return: And now January 19, 2011 at 1116 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Shaner Operating Corp., individually and
t/d/b/a Courtyard Harrisburg West/ Mechanicsburg by making known unto Karen Jones, Corporate
Operations Specialist for Shaner Operating Corp. at 116 Pine Street, Suite 320, Harrisburg, Pennsylvania
17101 its contents and at the same time handing to her personally the said true and correct copy of the
same.
01/19/2011 11:16 AM - Dauphin County Return: And now January 19, 2011 at 1116 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Shaner Hotel Group Limited Partnership,
individually and t/d/b/a Courtyard Harrisburg West/ Mechanicsburg by making known unto Karen Jones,
Corporate Operations Specialist for Shaner Hotel Group Limited Partnership at 116 Pine Street, Suite 320
Harrisburg, Pennsylvania 17101 its contents and at the same time handing to her personally the said true
and correct copy of the same.
SHERIFF COST: $69.00
January 21, 2011
SO ANSWERS,
• Cs
RON R ANDERSON, SHERIFF
^. C'11- Suite ,her-(. TE: ec=<<t. Ir;;.
r.lit lrf the 'Sher-
William T. Tully
Solicitor
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
NORMAN DELONG
VS
MARRIOTT INTERNATIONAL INC.
Sheriff s Return
No. 2011-T-0203
OTHER COUNTY NO. 2011291
And now: JANUARY 19, 2011 at 11:16:00 AM served the within COMPLAINT upon SHANER
OPERATING CORP. by personally handing to KAREN JONES 1 true attested copy of the original
COMPLAINT and making known to him/her the contents thereof at 116 PINE STREET SUITE 320 HBG
PA 17101
CORPORATE OPERATIONS SPECIALIST
Sworn and subscribed to
before me this 20TH day of January, 2011
-)PAF
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires Au st 17 2014
So Answers,
7 e';?
Sheriff of Dauphin County, Pa.
By
?d?,
Deputy Sheriff
Deputy: DARIN S SHERFEY
Sheriffs Costs: $79.75 1/18/2011
Of the J%herr-tit
William T. Tully
Solicitor
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania NORMAN DELONG
VS
County of Dauphin MARRIOTT INTERNATIONAL INC.
Sheriff s Return
No. 2011-T-0203
OTHER COUNTY NO. 2011291
And now: JANUARY 19, 2011 at 11:16:00 AM served the within COMPLAINT upon SHANER
HOTEL GROUP LIMITED PARTNERSHIP by personally handing to KAREN JONES 1 true
attested copy of the original COMPLAINT and making known to him/her the contents thereof at 116 PINE
STREET SUITE 320 HBG PA 17101
CORPORATE OPERATIONS SPECIALIST
Sworn and subscribed to
before me this 20TH day of January, 2011
-)P*12
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17 2014
So Answers,
kof Dauphin County, Pa.
By
Deputy Sheriff
Deputy: DARIN S SH RFEY
Sheriffs Costs: $79.75 1/18/2011
Mtfitg Of the ?$hrcrffjt
William T. Tully
Solicitor
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
NORMAN DELONG
VS
MARRIOTT INTERNATIONAL INC.
Sheriff s Return
No. 2011-T-0203
OTHER COUNTY NO. 2011291
And now: JANUARY 19, 2011 at 1:50:00 PM served the within COMPLAINT upon MARRIOTT
INTERNATIONAL INC. by personally handing to JENNIFER SMITH 1 true attested copy of the original
COMPLAINT and making known to him/her the contents thereof at 2595 INTERSTATE DRIVE SUITE
103 HBG PA 17110
CUSTOMER SERVICE ASSOC.
Sworn and subscribed to
before me this 20TH day of January, 2011
-)P*2
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17, 2014
So Answers,
'°Alc-
Sheriff of Dauphin County, Pa.
By ???- - 2; ?? I
Deputy Sheriff
Deputy: DARIN S SHERFEY
Sheriffs Costs: $79.75 1/18/2011
4
WILLIAM J. FERREN & ASSOCIATES
By: Mary Kathleen Boyle, Esquire
Attorney I.D. No. 84663
10 Sentry Parkway, Suite 301
Blue Bell, Pa 19422
(215) 274-1728
NORMAN DeLONG,
Plaintiff
V.
SHANER HOTEL GROUP LIMITED
PARTNERSHIP
and
SHANER OPERATING CORP.,
and
MARIOTT INTERNATIONAL, INC.,
individually and t/d/b/a
COURTYARDHARRISBURG
WEST/MECHANICSBURG,
Defendants
Attorney for Defendants
Shaner Hotel Group, Limited
Partnership and Shaner
Operating Corp.
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CASE NO. 2011-291 -Civil iivW
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ENTRY OF APPEARANCE
TO THE CLERK:
Kindly enter my appearance as counsel of record for defendants Shaner Hotel
Group, Limited Partnership and Shaner Operating Corp. only in the above-captioned
matter upon payment of your costs.
WILLIAM J. FERREN & ASSOCIATES
By:
Mary K een Boyle, Esquir
Attorney or defendants Shaner otel Group,
Limited Partnership and Shaner Operating Corp.
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Date: 02/14/11
WILLIAM J. FERREN & ASSOCIATES
By: Mary Kathleen Boyle, Esquire
Attorney I.D. No. 84663
10 Sentry Parkway, Suite 301
Blue Bell, Pa 19422
(215) 274-1728
NORMAN DeLONG,
Plaintiff
V.
SHANER HOTEL GROUP LIMITED
PARTNERSHIP
and
SHANER OPERATING CORP.,
and
MARIOTT INTERNATIONAL, INC.,
individually and t/d/b/a
COURTYARDHARRISBURG
WEST/MECHANICSBURG,
Defendants
Attorney for Defendants
Shaner Hotel Group, Limited
Partnership and Shaner
Operating Corp.
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CASE NO. 2011-291 -Civil Term
CERTIFICATE OF SERVICE
I, Mary Kathleen Boyle, Esquire, attorney of record for defendants Shaner Hotel
Group, Limited Partnership and Shaner Operating Corp., hereby certify that I served a
true and correct copy of the foregoing Entry of Appearance electronically and/or via First
Class Mail on the 16th day of February, 2011 upon all interested parties of record
addressed as follows:
Dallas W. Hartman, Esquire
Douglas J. Olcott, Esquire
Dallas W. Hartman, P.C.
2815 Wilmington Road
New Castle, PA 16105
Counsel for Plaintiff
WILLIAM J. FERREN & ASSOCIATES
By: )U? 2ai?? AX6
Mary Teen Boyle, Esquir
Attorney for defendants Shaner Hotel Group,
Limited Partnership and Shaner Operating Corp.
Date: 02/16/11
b. ' 7. 20' i2 1 C ; 23AMZ24 652 8980
AT Y DALLAS HARTMAN
No, 8419 P. 3D03/004
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NORMAL L. DeLONG;
Plaintiff,
V.
CASE No.: 2011-291
FURY TRIAL DEMANDED
SHANER HOTEL GROUP LIMITED
PARTOERSHIP, Individually and
t/d/b/a COURTYARD RARRISBURG
WEST/MECHANICSBURG,
.SHANER OPERATING CORP.
Individually and t/d/b/a .
COURTYARD HARRISBURG WEST/
MECHANICSBURG;
and
MARRIOTT INTERNATIONAL, INC., ;
individually and t/d/b/a
COURTYARD HARRISBURG WEST/
MECHANICSBURG;
Defendants.
STIPULATION
it is hereby agreed-and stipulated as follows:
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1. The caption of this case will be amended to delete all
three Defendants as named above in the caption and will be
amended to add, Shaner Select 'Services *Hotel, II, LLC d/b/a
Courtyard Harrisburg West/i+echaaicsburg.
2. It is admitted that the correct name of the entity for
which the allegations in this Complaint were made are Shaner
Select Services Hotel, II, LLC d/b/a Courtyard Harrisburg
West/Mechanicsburg.
02/16/2011 15:28 ',Wk 724 652 8380 ATTY DALLAS HARTMAN 004/004
3. That the Defendant, Shaner Select Services
LLC d/b/a Courtyard Harrisburg West/Mechanicsburg,
correct entity within which to bring this action.
Hotel, II,
is the
4. That the allegations contained in Plaintiff's Complaint
against Shaner Hotel Group Limited Partnership, individually and
t/d/b/a Courtyard Harrisburg West/Mechanicsburg, Shaner
Operating Corp., individually and t/d/b/a Courtyard Harrisburg
West/Mechanicsburg; and Marriott International, Inc.,
individually and t/d/b/a Courtyard Harrisburg West/Mechanicsburg
are adopted into the Amended Complaint as if the same were more
fully set forth at length herein and that said allegations are
the same allegations which will be adopted into this Amended
Complaint against the Defendant, Shaner Select Services Hotel,
II, LLC d/b/a Courtyard Harrisburg West/Mechanicsburg.
IT IS STIPULATED AND AGREED TO BY:
DATE:
- wl,,? zj-,?
Mary hleen Boyle, Es u're
Counsel for Defendant, Shaner Select Services Hotel, II, LLC
d/b/a Courtyard Harrisburg West/Mechanicsburg
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1728
2
CERTIFICATE OF SERVICE
I hereby certify that the within Stipulation has been
provided to the following:
VIA FIRST CLASS MAIL, POSTAGE PREPAID:
Mary Kathleen Boyle, Esquire
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
Counsel for Defendant,
Shaner Select Services Hotel, II, LLC
d/b/a Courtyard Harrisburg West/Mechanicsburg
DALLAS W. HARTMAN, P.C.
DATE : 1?1 11 r
BY:
Attorneyslfo? Plaintiff
Douglas J. Olcott, Esq.
Attorney I.D. No. 204851
2815 Wilmington Road
New Castle, PA 16105
(724) 652-4081
r
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NORMAN L. DeLONG; CASE NO.: 2011-291
Plaintiff,
JURY TRIAL DEMANDED
V.
SHANER HOTEL GROUP LIMITED
PARTNERSHIP, Individually and
t/d/b/a COURTYARD HARRISBURG
WEST/MECHANICSBURG;
SHANER OPERATING CORP.
Individually and t/d/b/a
COURTYARD HARRISBURG WEST/
MECHANICSBURG;
I
and
MARRIOTT INTERNATIONAL, INC.,
individually and t/d/b/a
COURTYARD HARRISBURG WEST/
MECHANICSBURG;
Defendants.
ORDER OF COURT
AND NOW, this ,2O day of February, 2011, it is hereby',
ORDERED, ADJUDGED and DECREED that pursuant to the signed
Stipulation, the above caption will be amended to read as
follows:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NORMAN L. DeLONG; CASE NO.: 2011-291.
Plaintiff,
JURY TRIAL DEMANDED
V.
SHANER SELECT SERVICES
HOTEL, II, LLC d/b/a COURTYARD
HARRISBURG WEST/MECHANICSBURG
Defendant.
Additionally, the Complaint shall be amended to insert
Shaner Select Services Hotel, II, LLC d/b/a Courtyard Harrisburg
West/Mechanicsburg in place of the following Defendants:
Shaner Hotel Group Limited Partnership, individually and t/d/b/a
Courtyard Harrisburg West/Mechanicsburg, Shaner Operating Corp.,
individually and t/d/b/a Courtyard Harrisburg
West/Mechanicsburg; and Marriott International, Inc.,
individually and t/d/b/a Courtyard Harrisburg West/Mechanicsburg
and all references to Shaner Hotel Group Limited Partnership,
individually and t/d/b/a Courtyard Harrisburg
West/Mechanicsburg, Shaner Operating Corp., individually and
t/d/b/a Courtyard Harrisburg West/Mechanicsburg; and Marriott
International, Inc., individually and t/d/b/a Courtyard
Harrisburg West/Mechanicsburg are hereby removed from the
Complaint.
BY THE COURT,
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2311 MAR 31 AID! 11: 06
CUMBERLAND COUNTY
PENNSYLVANIA
NOTICE TO PLEAD
TO: PLAINTIFF
YOU ARE HEREBY NOTIFIED TO PLEAD
THE ENCLOSED ANSWER WITH NEW MATTER
WITHIN TWENTY (20) DAYS FROM THE SERVICE
HERETO OR A DEFAULT JUDGMENT MAY BE
ENTERED AGAINST
YOU.
MAR LEEN BOYLE, ESQUI-
WILLIAM J. FERREN & ASSOCIATES
By: Mary Kathleen Boyle, Esquire
Attorney I.D. No. 84663
10 Sentry Parkway, Suite 301
Blue Bell, Pa 19422
(215) 274-1728
Attorney for Defendants
Shaner Select Services Hotel II, LLC
d/b/a/ Courtyard Harrisburg West/
Mechanicsburg
NORMAN DeLONG,
Plaintiff
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
V.
SHANER SELECT SERVICES HOTEL
II, LLC d/b/a COURTYARD
HARRISBURG WEST/
MECHANICSBURG
CASE NO. 2011-291 -Civil Term
DEFENADNTS, SHANER SELECT SERVICES HOTEL II, LLC d/b/a
COURTYARD HARRISBURG WEST/MECHANICSBURG ANSWER TO
PLAINTIFF'S COMPLAINT WITH NEW MATTER
1. Denied. After reasonable investigation, Answering Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averment contained in Paragraphs 1
of Plaintiffs Complaint and therefore deny the same and demand strict proof thereof at time of
trial, if relevant.
2. Denied as stated. Shaner Select Services Hotels II, LLC is a foreign limited liability
company registered in the State of Delaware and t/d/b/a as Courtyard Harrisburg
West/Mechanicsburg.
3. Denied as stated. Shaner Operating Corp. did not at the time of the alleged occurrence
nor did it ever t/d/b/a as Courtyard Harrisburg West/Mechanicsburg.
4. Denied. The averments contained in Paragraph 4 are addressed to other than answering
defendant. By way of further answer, the parties addressed in the averments contained in
paragraph 4 are no longer parties to this action
5. Denied.
6. Denied as stated. Shaner Select Services Hotels II, LLC is the record owner identified in
the averments contained in Paragraph 6.
7. Denied as stated. The entities identified in the averments contained in Paragraph 7 are
neither a management company nor the franchisee of Marriott International. By way of further
answer, the parties addressed in the averments contained in paragraph 7 are no longer parties to
this action
8-9. Denied. The averments contained in Paragraphs 8 and 9 are addressed to other than
answering defendant. By way of further answer, the parties addressed in the averments contained
in paragraphs 8 and 9 are no longer parties to this action
FACTS
10. Denied. Pursuant to 1029 (e) to the extent that averments contained in Paragraph 10 may
be deemed factual, they are specifically denied.
11-13. Denied. After reasonable investigation, Answering Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in Paragraphs 11
through 13 of Plaintiff's Complaint and therefore deny the same and demand strict proof thereof
at time of trial, if relevant.
14. Denied. Pursuant to 1029 (e) to the extent that averments contained in Paragraph 14 may
be deemed factual, they are specifically denied.
COUNTI
PLAINTIFF, NORMAN L. DeLONG v.SHANER SELECT SERVICES HOTELS II, LLC
T/DB/A COURTYARD HARRISBURG WEST/ MECHANICSBURG
15. Answering Defendants hereby incorporates their responses to paragraphs 1 through 14 as
though fully set forth at length.
16-22. Denied. Pursuant to 1029 (e) to the extent that averments contained in Paragraphs 16
through 22 may be deemed factual, they are specifically denied.
WHEREFORE, Answering Defendants demands judgment in their favor.
COUNT II
PLAINTIFF, NORMAN L. DeLONG v. MARRIOTT INTERNATIONAL, INC
INDIVIDUALLY AND T/DB/A
COURTYARD HARRISBURG WEST/ MECHANICSBURG
23. Answering Defendants hereby incorporates their responses to paragraphs 1 through 22 as
though fully set forth at length.
24-30. Denied. The averments contained in Paragraphs 24 through 30 are addressed to other
than answering defendant. By way of further answer, the parties addressed in the averments
r
contained in paragraph 24 through 30 are no longer parties to this action
WHEREFORE, Answering Defendants demands judgment in their favor.
NEW MATTER
31. Answering Defendants hereby incorporates their responses to paragraphs 1 through 30 as
though fully set forth at length.
32. Answering Defendants believe and aver that Plaintiff has failed to set forth a cause of
action against them upon which relief which may be granted.
33. Answering Defendants believe and aver that if the incident referred to in Plaintiff's
Complaint occurred as alleged, which is specifically denied, then said incident occurred more
than two years prior to the institution of litigation and Plaintiffs' cause of action is therefore
barred by the applicable Statute of Limitations.
34. Answering`Defendants believe and aver that if the incident referred to in Plaintiff's
Complaint occurred as alleged, which is specifically denied, then said incident and all alleged
damages resulting therefrom occurred solely and exclusively as a result of the negligence and
carelessness of plaintiff such that his cause of action is barred in whole or in part by virtue of the
terms and provisions of the Pennsylvania Comparative Negligence Act, 42. Pa. C.S. § 7102.
35. Answering Defendants believe and aver that if the incident referred to in Plaintiff's
Complaint occurred as alleged, which is specifically denied, then said incident occurred as a
result of the Plaintiff's own contributory negligence such that his cause of action is barred by
virtue of the Doctrine of Contributory Negligence.
36. Answering Defendants believe and aver that if the incident referred to in Plaintiffs'
Complaint occurred as alleged, which is specifically denied, then said incident and all alleged
damages resulting therefrom occurred solely and exclusively as a result of the Plaintiff's own
assumption of the risk such that his cause of action is barred by the Doctrine of Assumption of
the Risk.
37. Answering `Defendants believe and aver that if the incident referred to in Plaintiff's
Complaint occurred as alleged, which is specifically denied, then said incident and all alleged
damages resulting therefrom occurred solely and exclusively as the result of the actions and/or
omissions of other persons, parties or entities over whom answering defendant had no control
and no right of control, and whose actions and/or omissions constitute intervening and/or
superseding causes of liability.
WHEREFORE, Answering Defendants demand that Plaintiff's Complaint be dismissed
and that judgment be entered in their favor and against Plaintiff.
WILLIAM J. FERREN & ASSOCIATES
n
By.
Mary Kathle n oyle, Attorney for a endants,
Shaner Select Services Hotel II, LLC d/b/a/
Courtyard Harrisburg /West Mechanicsburg
VERIFICATION
1, James Connelly, Director of Risk Management for Shaner Hotel Group, LP, verify that
I am authorized to make this Verification on its behalf. I have reviewed the foregoing Defendant
Shaner Select Services Hotel Il, LLC d/b/a Courtyard Harrisburg West/Mechanicsburg's Answer
to Plaintiffs Complaint with New Matter and the statements contained therein are true and
correct to the best of my knowledge, information and belief. I understand that this Verification is
made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to
authorities.
Jam nnelly
of Risk h?Intrez?ent
Date: 3 ?2 3 1
WILLIAM J. FERREN & ASSOCIATES
By: Mary Kathleen Boyle, Esquire
Attorney I.D. No. 84663
10 Sentry Parkway, Suite 301
Blue Bell, Pa 19422
(215) 274-1728
Attorney for Defendants
Shaner Hotel Group, Limited
Partnership and Shaner
Operating Corp.
NORMAN DeLONG,
Plaintiff
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
V.
SHANER HOTEL GROUP LIMITED
PARTNERSHIP
and
SHANER OPERATING CORP.,
and
MARIOTT INTERNATIONAL, INC.,
individually and t/d/b/a
COURTYARDHARRISBURG
WEST/MECHANICSBURG,
Defendants
CASE NO. 2011-291-Civil Term
CERTIFICATE OF SERVICE
I, Mary Kathleen Boyle, Esquire, attorney of record for defendants Shaner Hotel
Group, Limited Partnership and Shaner Operating Corp., hereby certify that I served a
true and correct copy of the foregoing Defendants Shaner Select Hotel, II, d/b/a
Courtyard Harrisburg West/Mechanicsburg's Answer to Plaintiff's Complaint with New
Matter electronically and/or via First Class Mail on the 28th day of March, 2011 upon all
interested parties of record addressed as follows:
Dallas W. Hartman, Esquire
Douglas J. Olcott, Esquire
Dallas W. Hartman, P.C.
2815 Wilmington Road
New Castle, PA 16105
Counsel for Plaintiff
WILLIAM J. FERREN & ASSOCIATES
By:
Mary Ka en Boyle, Esquire
Attorney for defendants Shaner Hotel Group,
Limited Partnership and Shaner Operating Corp.
Date: 03/28/11
Dallas W. Hartman, P.C.
Douglas J. Olcott, Esquire
Attorney ID 204851
2815 Wilmington Road
New Castle, PA 16105
NORMAN DeLONG, ;
Plaintiff
- I- 'FILED-OFFICE
Ljf ; hE PRO f HQNOT
ARY
Z011 JUN 22 AM 11: 10
CUMBERLAND Y?OUNT Y
NVq NIA
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
V. CASE NO. 2011-291-Civil Term
SHANER SELECT SERVICES HOTEL
11, LLC d/b/a COURTYARD
HARRISBURG WEST/
MECHANICSBURG
PRAECIPE ORDER TO SETTLE DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the attached captioned matter as Settled, Discontinued and Ended per
payment of your costs only.
ougl J. Olco , Esqui e
T Coun 1 for Plaintiff, Norman DeLong