HomeMy WebLinkAbout02-4415 IN THE
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DIANNE SHAW,
Plaintiff,
G.D. NO:
Code: 001
HOST MARRIOT,
COMPLAINT IN A CIVIL
ACTION
Defendant.
Filed on Behalf
of Plaintiff:
DIANNE SHAW
Attorney for Plaintiff:
PAUL G. KAY, Esquire
PA.I.D.No.52705
DANIEL J. KRAUT, Esquire
PA I.D. No.83721
GREENHELD & KAY
1035 Fifth Avenue
Pittsburgh, PA 15219
(412) 261-4466
Firm #532
JURY TRIAL DEMANDED
IN THE
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DIANNE SHAW, )
)
Plaintiff, )
)
v. )
)
HOST MARRIOT, )
)
Defendant. )
G.D. NO.:
NOTICE
You have been sued in COURT. If you wish to defend against 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 an 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, THEN YOU SHOULD GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
The Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
DIANNE SHAW,
HOST MARRIOT,
IN THE
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
) G.D. NO.:
Plaintiff, )
)
)
)
)
)
Defendant. )
COMPLAINT IN A CIVIL ACTION
COMES NOW, the Plaintiff, DIANNE SHAW, by her Attorneys, GREENFIELD
& KAY, PAUL G. KAY and DANIEL J. KRAUT, Esquire, and files the within
Complaint In A Civil Action against the Defendant HOST MARRIOT ("MARRIOT"), of
which the following is a statement:
1. The Plaintiff, DIANNE SHAW, is a resident of Allegheny County
residing at 6209 Oyster Bay Court, Bridgeville, Pennsylvania, 15017.
2. Defendant, MARRIOT, is a Pennsylvania Corporation, which operates a
Roy Rogers Restaurant ("ROY ROGERS") located in Cumberland County
at Box 9, Newburg, Pennsylvania 17240 on the Pennsylvania Turnpike.
3. At all times and places relevant hereto, MARRIOT held an interest in,
owned, operated or otherwise had under their care and direction, the
supervision, control and maintenance of the entire premises of the ROY
ROGERS located at Box 9, Newburg, Pennsylvania 17240 on the
Pennsylvania Turnpike.
4. On or about September 26, 2001, and for some time prior thereto, there
existed in and on the ROY ROGERS' hallway leading to the restrooms
attached to, adjacent with and/or forming part of the premises, water
3
accumulation of several inches, which created an unsafe and hazardous
condition, the existence of which was known to, or should have been
known to the Defendant, MARRIOT.
5. At the above-described time and location, the Plaintiff, DIANNE SHAW,
who was returning from a bus trip with her husband, Reverend William
Shaw, stopped for a snack and restroom break at a Pennsylvania Turnpike
exit. As she was walking to use the ROY ROGERS' restroom in a careful,
lawful and prudent manner, she turned the comer and entered the hallway
leading to the restroom, at which time she immediately lost her footing on
the accumulated water.
6. Upon losing her footing, the Plaintiff, DIANNE SHAW fell backward,
causing her to violently slrike her head, thereby sustaining injury and loss
as described below and requiring emergency care.
7. The injuries and losses sustained by Plaintiff, DIANNE SHAW were
caused by the negligence of the Defendant, MARRIOT in that it:
a) Caused and/or permitted the dangerous, unsafe and
hazardous condition of wet floors to exist on its premises;
b) Failed to properly inspect the hallway in order to determine
whether or not any dangerous conditions existed thereon;
c) Failed to remedy the dangerous condition on the Defendant
hallway when the Defendants knew or should have known of its
existence and that it created a serious risk of injury to persons
walking thereon;
d) Failed to employ sufficient maintenance people for the
removal of water from the premises;
4
e) Failed to mop or have sufficient drainage so that water
would not unreasonably accumulate;
f) Failed to warn or otherwise notify persons of the dangerous and
hazardous condition which existed in the hallway, which they
knew or should have known about;
g) Failed to post adequate warning signs, notifying Plaintiff of the
undiscoverable and non-obvious dangerous condition which
existed on Defendant's premises;
h) Failed to adequately mop the hallway;
i) designing installing and/or causing the hallway to be designed
and/or installed in the manner herein above described at located in
Cumberland County at Box 9, Newburg, Pennsylvania 17240 on
the Pennsylvania Turnpike.
j) failing to level, remove, correct or otherwise modify the subject
hallway floor to eliminate and/or reduce the likelihood of injury to
patron created by the wetness of the restroom surface;
k) failing to properly inspect said hallway floor for water accumulation;
1) failing to warn patrons or post notice as to the existence of the
water accumulation; and
m) otherwise failing to restrict pedestrian traffic from utilizing said
hallway, particularly, Plaintiff, DIANNE SHAW.
8. As a direct and proximate result of the careless, negligent and reckless
conduct of the Defendant, Plaintiff, DIANNE SHAW, sustained the following
serious and severe injuries, some or all of which may be permanent in nature:
a)
b)
c)
bruised head;
debilitating headaches, dizziness and loss of equilibrium;
reduced range of motion;
5
damaged as follows:
d) severe head laceration which required sutures;
e) concussion;
f) back pain;
g) hematoma located in frontal region of head;
h) deficient cognitive status primarily in short term memory;
i) excessive bleeding from injury; and
j) other severe and painful injuries, all of which, together with the
foregoing, may be permanent in nature
As a result of the aforesaid injuries, Plaintiff, DIANNE SHAW, has been
a)
b)
c)
d)
e)
f)
g)
she has suffered injuries as set forth above, which are
serious and potentially permanent in nature;
she has suffered and will continue to suffer great pain,
inconvenience, embarrassment and mental anguish;
she was required to seek emergency medical treatment for
her head injuries;
she has and will be required to expend large sums of
money for medication and medical attention;
her general health, strength and vitality have been impaired;
she has suffered lost wages stemming from her injuries
which resulted from this accident;
she has and will be required to expend large sums of money for
surgical and medical attention, hospitalization, medical supplies,
surgical appliances, medicines and attendant services;
6
h) she has suffered difficulty in sleeping, grooming, dressing and
completing other essential daily tasks;
i) she has been and will in the furore be unable to enjoy various
pleasures of life that she previously enjoyed;
j) she has and will be forced to incur loss of wages; and
k) her husband and tour host were forced to incur expenses for a hotel
room and rental car.
WHEREFORE, Plaintiff, DIANNE SHAW, claims damages of Defendant, HOST
MARRIOT, in an amount in excess of the Arbitration limits of the Court of Common
Pleas of Allegheny County, together with interest, attorney fees and costs of suit.
GREENFIELD & KAY
2.ui.~ .~o.K~A27Y(~squie
, Esquire
PA.I.D.No.83721~
Attorney for Plaintiff,
Dianne Shaw
7
I, Dianne Shaw, verify that the facts set forth in the foregoing Complaint In A
Civil Action are true and correct to the best of my knowledge, information, and belief.
This statement is made sub.~ect to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
Dated: July, ~ ,2002.
DIANNE SHAW
8
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/237-7132
Attorneys for Defendant
DIANNE SHAW,
HOST MARRIOT,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4415
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendant in the above matter.
Respectfully submitted,
DATE:
THOMAS, THOMAS & HAFER, LLP
By:
Kevin C. McNamara, Esquire
I.D,#72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7132
Attorneys for Defendant
CERTIFICATE OF SERVICE
AND NOW, this day of 2002, I, Kevin C. McNamara, of
the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the
foregoing ENTRY OF APPEARANCE by placing a copy of the same in the United States Mail,
postage prepaid, to the following:
Paul G. Kay, Esquire
Daniel J. Kraut, Esquire
GREENFIELD & KAY
1035 Fifth Avenue
Pittsburgh, PA 15219
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
:185124.1
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-0441S p
COMMONWEALTH OF PEIVNSYLVANIA:
COUNTY OF CUMBERLA2qD
SHAW DIANNE
VS
MARRIOT HOST
ROBERT BITNER
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly SWorn according to law,
says, the within COMPLAINT & NOTICE was served upon
HOST MARRIOT
DEFENDANT
at ROY ROGERS
the
at 0009:27 HOURS, on the 19th day of Se_~embe~r' 2002
BOX 9 PENNSYLVANIA TURNPIKE
NEWBURG, PA 17240
MARY O'DONEL (ASST. MJLNAGER)
a true and attested copy of COMPLAINT & NOTICE
by handing to
together with
and at the same time directing Her attention to the contents thereof.
Sheriff,s Costs:
Docketing 18 00
Service '
Affidavit 13.80
.00
Surcharge 10.00
.00
---~.80-
Sworn and Subscribed to before
me this g~-~
day of
_ A.D.
rothonotary /
So Answers:
R. Thomas Kl--~-~ne --
09/20/2002
GREENFIELD, BREWER, KAy
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/237-7132
Attorneys for Defendant
DIANNE SHAW,
HOST MARRIO'I-r,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4415
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Plaintiff and Counsel:
You are hereby notified to plead to the enclosed New Matter within twenty (20) days from
service hereof or a default judgment may be entered against you.
DATE:
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
I.D.#72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7132
Attorneys for Defendant
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/237-7132
Attorneys for Defendant
DIANNE SHAW,
HOST MARRIO'I-I',
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4415
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, HMS Host Family Restaurants, LLC, erroneously
designated Host Marriott, by its attorneys, Thomas, Thomas & Hafer, LLP, and answers Plaintiff's
Complaint as follows:
1. It is admitted the Plaintiff is who she says she is.
2. Admitted in part and denied in part. The Defendant's correct name is HMS Host
Family Restaurants, LLC. The Defendant is a Pennsylvania ,corporation that operates a Roy
Rogers Restaurant at the location alleged.
3. Admitted with qualification in part and denied in part. It is admitted that HMS Host
Family Restaurants, LLC operated a Roy Rogers Restaurant at the location alleged on
September 26, 2001. It is also admitted that part of the property was under the care, supervision,
control and maintenance of HMS Host Family Restaurants, LLC, on said date. HMS Host Family
Restaurants, LLC occupies the property pursuant to a lease agreement with the Pennsylvania
Turnpike Authority. It is denied that the Defendant leases, occupies or has the entire premises
under its control.
4. Admitted in part and denied in part. It is admitted that on September 26, 2001,
there was a hallway in the plaza at or near the restrooms. It is denied that there was an
accumulation of several inches of water or that there was any unsafe or hazardous condition of the
property that the Defendant knew or should have known about.
5. Admitted in part and denied in part. It is admitted that Diane Shaw was apparently
on the premises on the date of this occurrence and that Mrs. Shaw reported failing on the
premises. As for the reason why Mrs. Shaw was there, who she was accompanied by, or any of
the other details set forth in this paragraph, after reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments contained in
this paragraph and proof thereof is demanded.
6. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in this paragraph
and proof thereof is demanded.
COUNT I
NEGLIGENCE
7(a)-(m). Denied pursuant to Pa.R.C.P. 1029(e).
8(a)-(j). Denied. it is denied that the Defendant was negligent, careless or
reckless in regard to the care, custody or control of its premises or that any conduct on the part
of the Defendant caused any injuries to the Plaintiff. As to the specific injuries alleged to be
related to the occurrence in these subparagraphs, after reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to the truth of the averments and
proof thereof is demanded.
9(a)-(k). Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments contained in this
paragraph and proof thereof is demanded.
WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed
without cost to it.
NEW MATTER
10. At the time of the occurrence, the condition of the premises was open and
obvious and, therefore, the Defendant owed the Plaintiff no duty.
11. No acts or failures to act on the part of the Delendant or its agents, servants or
employees were a substantial factor in bringing about the occurrence or the injuries set forth in
Plaintiff's Complaint.
12. At the date and at the time of the occurrence, reasonable and appropriate
warnings were in place to notify the Plaintiff of the condition of the property and, accordingly,
this discharged the Defendant's duty to the Plaintiff.
WHEREFORE, Defendant HMS Host Family Restaurants, LLC, erroneously referred to
as Host Marriott, respectfully requests that PlaintifFs Complaint be dismissed without cost to it.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
DATE:
Kevin C. McNamara, Esquire
I. D.#72668
3015 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7132
Attorneys for Defendant
VERIFICATION
I, Kevin C. McNamara, Esquire, state that I am the attorney for the party filing the
foregoing document; that I make this Affidavit as an attorney because I have sufficient
knowledge or information and belief, based upon my investigation of the matters averred or
denied in the foregoing document; that time is of the essencE; in the filing of this document;
and that this statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to
unsworn falsification to authorities.
THOMAS, THOMAS, & HAFER, LLP
DATE:
:386o3.1
Kevin C. McNamara, Esquire
CERTIFICATE OF SERVICE
AND NOW, this ~ay of /~/'~w,~.~,/~,~.~--~, ;)_002, I, Kevin C. McNamara, of
the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the
foregoing ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT by placing a copy of
the same in the United States Mail, postage prepaid, to the following:
Paul G. Kay, Esquire
Daniel J. Kraut, Esquire
GREENFIELD & KAY
1035 Fifth Avenue
Pittsburgh, PA 15219
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
:186500.1
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
Kevin C. McNamara, Esquire
Attorney I.D. 73668
(717)237-7132
Attorneys for Defendant
DIANNE SHAW,
Vo
HOST MARRIOTT,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4415
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT'S MOTION TO COMPEL DISCOVERY
AND NOW, comes the Defendant, Host Marriott, by its attorneys Thomas,
Thomas & Haler, LLP, and brings the following Motion to Compel Discovery:
1. The instant action arises out of a slip and fall incident that occurred on September
26, 2001.
2.
injuries.
3.
for Production of Documents on the Plaintiff.
and marked Exhibit "A."
As a result of her fall, the Plaintiff asserts that she suffered various personal
On or about October 15, 2002, the Defendant served Interrogatories and a Request
A copy of the transmittal letter is attached hereto
221201-1
4. Pursuant to Pa.R.C.P. 4006(a)(2) and Pa.R.C.P. 4009.12(a), Plaintiff's answers
and objections, if any, to said Interrogatories and Request for Production of Documents were due
on or before November 16, 2002.
5. Following service of the discovery requests, Plaintiff did not request any
extension of time within which to provide responses.
6. On our about December 27, 2002, Defendant's counsel wrote to Plaintiff's
counsel regarding the delay in receipt of the discovery responses, and requested that verified
responses to the discovery be provided by January 15, 2003. A copy of said correspondence is
attached hereto, incorporated herein by reference, and marked as Exhibit "B."
7. To date, Defendant's Interrogatories and Request for Production of Documents
remain unanswered and Plaintiff has not provided any reason fi)r her continued failure to respond
to the Interrogatories and Request for Documents, nor has she requested an extension and/or
filed any objections.
8. The discovery propounded upon the Plaintiff seeks information and
documentation pertaining to both the liability and damage aspects of the pending matter, and the
information requested is both relevant and material to the subject matter of this litigation.
Further, answers to the discovery are necessary for the preparation of the Defendant's defense in
this matter.
221201-1
WHEREFORE, the Defendant respectfully requests that this Honorable Court issue an
Order directing the Plaintiff to provide full and complete responses to the outstanding discovery
within 20 days of the date of said Order, or suffer appropriate sanctions to be imposed upon further
application of the court.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Attorney I.D. # 73668
P.O. Box 999
305 N. Front Street
Harrisburg, PA 17108-0999
(717)237-7132
Attorneys for Defendant Host Marriott
221201-1
October 15, 2002
Paul G. Kay, Esquire
Daniel J. Kraut, Esquire
GREENFIELD & KAY
1035 Fifth Avenue
Pittsburgh, PA 15219
DIANNE SHAW V. HOST MARRIOTT
Docket Number: 02-4415 (Cumberland County)
Our File Number: 340-21341
Dear Counsel:
Enclosed please find Defendant's first set of interrogatories and request for production of
documents to Plaintiff in the above-referenced matter.
If you have any questions, please do not hesitate to contact me at 717-441-7056.
With best wishes, I am
Sincerely,
THOMAS, THOI~L~S & HAFER, LLP
Peggy M. Dugas
Paralegal
Enclosures
THOMAS,
THOMAS & HAFER
ATTORNEYS AT LAW
305 North Front Street, P.O. Box 999, Harrisburg, PA 17108
Phone: (717) 237-7100 Fax: (717) 237-7105
LLP
www.tthlaw.com
Kevin C. McNamara
(717) 237-7132
kcm~tthlaw, corn
December 27, 2002
Paul G. Kay, Esquire
GREENFIELD & KAY
1035 Fifth Avenue
Pittsburgh, PA 15219
RE: DIANNE SHAW V. HOST MARRIOTT
Cumberland County C.C.P. No. 02-4415
Dear Mr. Kay:
We served Interrogatories and a Request for Production of Documents on you on October 15,
2002. While I understand that sometimes it can be hard to turn these things around, especially over
the holidays, the answers are 30 days overdue and I have not heard anything from you. Please
provide me with verified responses to the discovery by January 15, 2003. If there is some special
problem or reason why this is not possible, please give me a Call to discuss.
Very truly yours,
THOMAS, THOMAS & HAFER, LLP
KCM/gmc
By:
Kevin C. McNamara
Lehigh Valley Office: 3400 Bath Pike, Suite 201, Bethlehem, PA 18017 * Phone: (610) 868-1675 * Fax: (610) 868-1702
CERTIFICATE OF SERVICE
I, Kevin C. McNamara, Esquire of the law firm of Thomas, Thomas & Hafer, hereby
certify that I have served a tree and correct copy of the foregoing document on the following
person by placing same in United States first class mail, postage prepaid, addressed as follows, on
the date set forth below:
Paul G. Kay, Esquire
GREENFIELD & KAY
1035 Fifth Avenue
Pittsburgh, PA 15219
Date:
THOMAS, THOMAS & HAFER, LLP
By: ~('//~ c'/~ ~''vl'''O'''~'
Kevin C. McNamara, Esquire
221201-1
DIANNE SHAW,
Mo
HOST MARRIOTT,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4415
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO WITHDRAW MOTION TO COMPEL
Please withdraw Defendant's Motion to Compel Discovery filed February 6, 2003. The
discovery issues raised by the Motion have been resolved.
Respectfully submitted,
DATE:
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamam, Esquire
I.D,#72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7132
Attorneys for Defendant
223134-1
AND NOW, this ¢, ,.-?"day of /,-4~z/,,,~ ,2003, I, Kevin C. McNamara, of
the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the
foregoing PRAECIPE by placing a copy of the same in the United States Mail, postage prepaid,
to the following:
Paul G. Kay, Esquire
Daniel J. Kraut, Esquire
GREENFIELD & KAY
1035 Fifth Avenue
Pittsburgh, PA 15219
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
223134-1
Il
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DIANNE SHAW,
Plaintiff,
Defendants.
VS.
HOST MARRIOTT,
CIVIL DIVISION
G.D. No. 02-4415
Code: 001
PRAECIPE TO SETTLE
AND DISCONTINUE
Filed on Behalf of Plaintiff
Dianne Shaw
Counsel of Record for this Party:
PAUL G. KAY, Esquire
PA' I.B #52705
GREENFIELD & KAY
1035 Fifth Avenue
Pittsburgh, PA 15219
(412) 261-~466
Firm #532
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DIANNE SHAW, )
)
Plaintiff, )
)
v. )
)
HOST MARRIOT, )
)
Defendant. )
CIVIL DIVISION
No. 02-4415
JURY TRIAL DEMANDED
PRAECIPE TO SETTLE AND DISCONTINUE
To The Prothonotary:
Please discontinue the above-styled matter as to Defendant, Host
Marriott, the same having been settled.
Paul G. Kay, Esq~li~
Attorney for Plaintiff,
Dianne Shaw
GREENFIELD & KAY
1035 Fifth Avenue
Pittsburgh, PA 15219
(412) 261-4466
2
CERTIFICATE OF SERVICE
I hereby certify on this ~/~/ day of July, 2003, a true and correct
copy of the within Plaintiff's Praecipe To Settle and Discontinue was served via
United States Mail, First Class, Postage Prepaid as set forth below:
Kevin C. McNamara, Esquire
Thomas, Thomas & Hafer, LLP
305 N. Front St.
Harrisburg, PA 17108
GREENFIELD & KAY
Paul G. Kay, Esq~D. #52705
Attorney for ~ Dianne Shaw
Greenfield &~ay
1035 Fifth Avenue
Pittsburgh, PA 15219
(412) 261-4466
Firm #532
3