Free Notice of Removal - District Court of Delaware - Delaware

Case 1:07-cv-00426-GMS

Document 20

Filed 07/05/2007

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

KENNETH J. MARINO, Plaintiff, v. CROSS COUNTRY BANK and APPLIED CARD SYSTEMS, INC., Defendants.

: : : : : : : : : : : : :

CIVIL ACTION NO. 07-

NOTICE OF REMOVAL To the Judges of the United States District Court for the Eastern District of Pennsylvania: This Notice of Removal on behalf of defendants, CROSS COUNTRY BANK and APPLIED CARD SYSTEMS, INC., respectfully alleges the following: 1. On or about December 1, 2006, plaintiff commenced an action in the Court of Common

Pleas of Delaware County captioned Kenneth J. Marino v. Cross Country Bank and Applied Card Systems, Inc., Docket No. 06-16898, alleging a claim against the defendants for personal injuries arising from an alleged wrongful use of civil proceedings also know as a Dragonetti claim. allegedly occurring on or about January 5, 2004. A copy of plaintiff's Complaint filed on or about December 1, 2006, is attached hereto as Exhibit "A." 2. It is defendants' position that plaintiff's initial attempts at service were ineffective. On April

5, 2007, counsel for defendants executed and filed an Acceptance of Service, a copy of which is attached hereto as Exhibit "B." 3. This Notice of Removal is timely filed pursuant to 28 U.S.C. §1446(b).

1

Case 1:07-cv-00426-GMS

Document 20

Filed 07/05/2007

Page 2 of 5

4.

At all times relevant, Cross Country Bank is a Delaware corporation with its principal place

of business located in Wilmington, Delaware. 5. At all times relevant, Applied Card Systems, Inc., is a Delaware Corporation with its

principal place of business located in Wilmington, Delaware. 6. Plaintiff Kenneth J. Marino is a resident of the State of North Carolina, residing at 1005

Baltusrol Lane, Waxhaw, North Carolina, 28173. (Exhibit A, ¶ 1). 7. While state law and rules of procedure do not require an amount of monetary relief to be set

forth in a Complaint, plaintiff prayed for relief in an amount in excess of $75,000 (Exhibit A). The amount in controversy in this action is no doubt significant, as the case involves an alleged wrongful use of process and alleges that Defendants acted "wantonly and grossly" thereby justifying the award of punitive damages. Exhibit A ¶ 21. 8. Plaintiff also claims that Defendants initiated the alleged improper action "for the improper

purpose of preventing Plaintiff from testifying to certain Attorneys General" (Exhibit A ¶ 18). 9. Therefore, the amount in controversy is in excess of $75,000.00.

10. In light of the foregoing, the federal jurisdiction has been established pursuant to 28 U.S.C. § 1332, satisfying both diversity and amount in controversy requirements. 11. Written notice of the filing of the within Notice of Removal has been served by defendants' counsel, and a copy of this Notice of Removal has been forwarded by mail to the Court of Common Pleas of Delaware County.

2

Case 1:07-cv-00426-GMS

Document 20

Filed 07/05/2007

Page 3 of 5

WHEREFORE, defendants, CROSS COUNTRY BANK and APPLIED CARD SYSTEMS, INC., pray that the matter be removed from the Court of Common Pleas of Delaware County to this Honorable Court.

Dated: April 4, 2007

Respectfully submitted, LAMB McERLANE PC

By: __________________________________ Guy A. Donatelli, Esquire Validation No.: GAD2504 Attorney I.D. No. 44205 24 E. Market Street ­ P.O. Box 565 West Chester, PA 19381-0565 (610) 430-8000

Attorneys for Defendants Cross Country Bank and Applied Card Systems, Inc.

3

Case 1:07-cv-00426-GMS

Document 20

Filed 07/05/2007

Page 4 of 5

CERTIFICATE OF SERVICE

This is to certify that in this case complete copies of all papers contained in the foregoing Notice of Removal have been served upon the following persons, by the following means and on the date(s) stated: Name: Kevin W. Gibson, Esquire Gibson & Perkins, P.C. Suite 105 200 East State Street Media, PA 19063 Means of Service: First Class Mail Date of Service: April 5, 2007

LAMB McERLANE PC

By: ____________________________________ Guy A. Donatelli, Esquire Validation No.: GAD2504 Attorney I.D. No. 44205 24 E. Market Street ­ P.O. Box 565 West Chester, PA 19381-0565 (610) 430-8000 Attorneys for Defendants Cross Country Bank and Applied Card Systems, Inc.

4

Case 1:07-cv-00426-GMS

Document 20

Filed 07/05/2007

Page 5 of 5

5