IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

Douglas Pennoyer, Jr. : 

 : 

 vs. : CIVIL ACTION NO. 

 : 

Marriott Hotel Services, Inc. t/a and d/b/a Philadelphia Marriott : 

Hotel; Marriott International, Inc.; Philadelphia Market Street : 

Hotel Corp.; Philadelphia Market Street HMC Hotel Limited : 

Partnership; Philadelphia Market Street Marriott Hotel LP; New : 

Market Street, LP; HMC Market Street, LLC; Philadelphia Market : 

Street Hotel II, L.P.; Market Street Host, LLC; and Market Street : 

Marriott, LLC : 

 

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA 

Douglas Pennoyer, Jr. : 

 : 

 vs. : JUNE TERM, 2003 

 : NO. 3184 

Marriott Hotel Services, Inc. t/a and d/b/a Philadelphia Marriott : 

Hotel; Marriott International, Inc.; Philadelphia Market Street : 

Hotel Corp.; Philadelphia Market Street HMC Hotel Limited : 

Partnership; Philadelphia Market Street Marriott Hotel LP; New : 

Market Street, LP; HMC Market Street, LLC; Philadelphia Market : 

Street Hotel II, L.P.; Market Street Host, LLC; and Market Street : 

Marriott, LLC : 

 

NOTICE OF REMOVAL

TO THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN 

DISTRICT OF PENNSYLVANIA: 

 Defendants, Marriott Hotel Services, Inc. t/a and d/b/a Philadelphia Marriott Hotel; Marriott 

International, Inc.; Philadelphia Market Street Hotel Corp.; Philadelphia Market Street HMC Hotel Limited 

Partnership; Philadelphia Market Street Marriott Hotel LP; New Market Street, LP; HMC Market Street, LLC; 

Philadelphia Market Street Hotel II, L.P.; Market Street Host, LLC; and Market Street Marriott, LLC 

Case 2:03-cv-05060-JCJ Document 1 Filed 09/09/03 Page 1 of 7
(hereinafter "Marriott Defendants"), by and through their attorneys, Marshall, Dennehey, Warner, Coleman & 

Goggin, hereby remove the above-captioned case to this Honorable Court and provide notice of same to counsel 

representing the plaintiff. In support of the removal, the defendants aver as follows: 

 1. On June 23, 2003, the plaintiff filed a Writ of Summons. 

 2. On July 17, 2003, the plaintiff's Writ of Summons in the above matter was served upon the 

Marriott Defendants. 

 3. On July 28, 2003, the Marriott Defendants filed a Rule to file Complaint. The Rule to File 

Complaint was served upon the plaintiff on the same date. 

 4. On September 5, 2003, plaintiff filed a Civil Action Complaint in the above-captioned matter. A 

copy of plaintiff's Complaint is attached hereto as Exhibit A. 

 5. Plaintiff's Complaint in the above matter was served upon the Marriott Defendants on the same 

date. 

 6. In plaintiff's Complaint, the plaintiff avers that he resides in Trilby, Florida. Defendants herein 

believe that plaintiff was a citizen of the State of Florida on the date when this action was commenced. 

 7. The Marriott Defendants are incorporated in the State of Delaware with their principal place of 

business located at 10400 Fernwood Road, Bethesda, Maryland. 

 8. Upon information and belief, defendants believe and therefore aver, that the amount in 

controversy in this matter is in excess of $75,000.00. 

 9. The above-described civil action is one in which this Honorable Court has original jurisdiction 

pursuant to Title 28 U.S.C. §1332. Based upon the fact that there exists diversity of citizenship between the 

parties and the amount in controversy is in excess of $75,000.00, this matter is one which may be removed to 

this Honorable Court by Notice pursuant to Title 28 U.S.C. §1441. 

Case 2:03-cv-05060-JCJ Document 1 Filed 09/09/03 Page 2 of 7
 WHEREFORE, the Marriott Defendants pray that the above action now pending in the Court of 

Common Pleas for Philadelphia County be removed to this Court. 

 Respectfully submitted, 

 MARSHALL, DENNEHEY, WARNER, 

 COLEMAN & GOGGIN 

 BY: 

STEPHANIE K. RAWITT 

Attorney ID #76892 

1845 Walnut Street, 19th Floor 

Philadelphia, PA 19103 

(215) 575-2649 

Attorney for Defendants 

Dated: 

\01_19\LIAB\SKT\LLPG\389927\KXG\13050\00612 

Case 2:03-cv-05060-JCJ Document 1 Filed 09/09/03 Page 3 of 7
CERTIFICATE OF SERVICE

 I, Stephanie K. Rawitt, Esquire, do hereby certify that a true and correct copy of the Notice of Removal was 

served upon plaintiff's counsel by first class mail at the following address: 

Peter C. Gardner, Esquire 

525 Baird Road 

Merion Station, PA 19066 

 

 STEPHANIE K. RAWITT 

DATED: 

\01_19\LIAB\SKT\LLPG\389927\KXG\13050\00612 

Case 2:03-cv-05060-JCJ Document 1 Filed 09/09/03 Page 4 of 7
MARSHALL, DENNEHEY, WARNER, 

 COLEMAN & GOGGIN 

By: Stephanie K. Rawitt, Esquire 

Identification Number: 76892 

1845 Walnut Street, 19th Floor 

Philadelphia, PA 19103 

(215) 575-2649 

 Attorney for All Defendants 

 

Douglas Pennoyer, Jr. 

 vs. 

Marriott Hotel Services, Inc. t/a and d/b/a Philadelphia Marriott 

Hotel; Marriott International, Inc.; Philadelphia Market Street 

Hotel Corp.; Philadelphia Market Street HMC Hotel Limited 

Partnership; Philadelphia Market Street Marriott Hotel LP; New 

Market Street, LP; HMC Market Street, LLC; Philadelphia 

Market Street Hotel II, L.P.; Market Street Host, LLC; and 

Market Street Marriott, LLC 

 

:

:

:

:

:

:

:

:

:

:

:

:

:

 COURT OF COMMON PLEAS 

 PHILADELPHIA COUNTY 

 JUNE TERM, 2003 

 NO. 003184 

PRAECIPE TO FILE NOTICE OF REMOVAL TO UNITED STATES 

DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

TO THE PROTHONOTARY: 

 Kindly file the attached Notice of Removal to the United States District Court for the Eastern District of 

Pennsylvania in the above-captioned matter. 

 Respectfully submitted, 

 MARSHALL, DENNEHEY, WARNER, 

 COLEMAN & GOGGIN 

 BY: 

 STEPHANIE K. RAWITT 

 Attorney for All Defendants 

Dated: 

\01_19\LIAB\SKT\LLPG\389927\KXG\13050\00612 

Case 2:03-cv-05060-JCJ Document 1 Filed 09/09/03 Page 5 of 7
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

Douglas Pennoyer, Jr. : 

 : 

 vs. : CIVIL ACTION NO. 03-5060 

 : 

Marriott Hotel Services, Inc. t/a and d/b/a Philadelphia Marriott : 

Hotel; Marriott International, Inc.; Philadelphia Market Street : 

Hotel Corp.; Philadelphia Market Street HMC Hotel Limited : 

Partnership; Philadelphia Market Street Marriott Hotel LP; New : 

Market Street, LP; HMC Market Street, LLC; Philadelphia Market : 

Street Hotel II, L.P.; Market Street Host, LLC; and Market Street : 

Marriott, LLC : 

 

AFFIDAVIT FOR FILING DEFENDANTS' NOTICE OF REMOVAL

TO THE CLERK: 

 Please note the attached Affidavit for filing of defendants' certified copy of the Notice of Removal with 

the Court of Common Pleas of Philadelphia, Pennsylvania. 

 Respectfully submitted, 

 MARSHALL, DENNEHEY, WARNER, 

 COLEMAN & GOGGIN 

 BY: 

STEPHANIE K. RAWITT 

Attorney ID #76892 

1845 Walnut Street, 19th Floor 

Philadelphia, PA 19103 

(215) 575-2649 

Attorney for Defendants 

Dated: 

\01_19\LIAB\SKT\LLPG\389927\KXG\13050\00612 

Case 2:03-cv-05060-JCJ Document 1 Filed 09/09/03 Page 6 of 7
COMMONWEALTH OF PENNSYLVANIA : 

 : SS 

COUNTY OF PHILADELPHIA : 

 Gino Fuentes, being duly sworn according to law deposes and says that he is an employee of Cannon and is 

filing on behalf of the firm, Marshall, Dennehey, Warner, Coleman & Goggin, attorneys for the Marriott 

Defendants herein in the above-entitled action, on the day of September, 2003, with the Prothonotary of the 

Court of Common Pleas for Philadelphia County, Pennsylvania, a certified copy of the Defendants Notice of 

Removal together with copies of the documents attached thereto by leaving said copies with the Prothonotary of 

Philadelphia County, Pennsylvania. 

 

 GINO FUENTES 

 

SWORN TO AND SUBSCRIBED 

BEFORE ME THIS DAY 

OF , 2003. 

 

NOTARY PUBLIC 

\01_19\LIAB\SKT\LLPG\389927\KXG\13050\00612 

Case 2:03-cv-05060-JCJ Document 1 Filed 09/09/03 Page 7 of 7