BODELL, BOVE, GRACE & VAN HORN JURY OF TWELVE DEMANDED

By: Joseph F. Van Horn, Jr. Esquire

Holly L. McReynolds, Esquire

Identification No. 10133/76416 Attorneys for Defendant,

One Penn Square West, Suite 600 Austin Hunt Corp.

30 South 15th Street

Philadelphia, PA 19102

(215) 864-6600 

Fernando & Kathleen Tellado, h/w : COURT OF COMMON PLEAS

: PHILADELPHIA COUNTY

Plaintiff :

 v. : APRIL TERM, 2004

:

Austin Hunt Corp., et al. : No. 1459

:

 Defendants :

 :

PRAECIPE TO TRANSFER CASE TO FEDERAL COURT

TO THE PROTHONOTARY:

Attached please find a certified copy of the Notice of Removal, the original of which has

been filed in the United States District Court for the Eastern District of Pennsylvania, divesting this

court of further jurisdiction to adjudicate the claims in the present matter.

Respectfully submitted,

BODELL, BOVE, GRACE & VAN HORN

By: 

Holly L. McReynolds, Esquire

Attorney for Defendant, 

Austin-Hunt Corporation

Date:

Case 2:04-cv-02022-RBS Document 1 Filed 05/10/2004 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

 

Fernando & Kathleen Tellado, h/w :

: CIVIL ACTION 

Plaintiff :

 v. : NO.:

:

Austin Hunt Corp., et al. :

:

 Defendants :

 :

NOTICE OF REMOVAL

TO THE JUDGES OF THE COURT:

Defendant, Austin-Hunt Corporation, by and through its counsel, Bodell, Bove, Grace & Van

Horn, hereby files this Notice of Removal pursuant to 28 U.S.C. § 1446(a), and respectfully submits

as follows:

I. STATEMENT OF FACTS ENTITLING DEFENDANT TO REMOVE ON THE

BASIS OF DIVERSITY OF CITIZENSHIP

1. On or about April 14, 2004, Plaintiff, Fernando Tellado, served a Civil Action

Complaint upon the Defendant, Austin-Hunt Corporation in the Court of Common Pleas of

Philadelphia County captioned under April Term, 2004, No. 1459. A true and correct copy of the

Complaint filed by Plaintiff on April 12, 2004 is attached hereto and marked Exhibit "A".

2. The above described action is one in which the court has original jurisdiction under

the provisions of Title 28 U.S.C. § 1332 and is one which may be removed to this court by the

defendants pursuant to the provision of Title 28 U.S.C. § 1441. It is a civil action wherein the

amount in controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs, and

is between citizens of different states:

Case 2:04-cv-02022-RBS Document 1 Filed 05/10/2004 Page 2 of 4
(a) Plaintiff is a citizen of the Commonwealth of Pennsylvania and resides at 15

Old Brook Road, Levittown, Pennsylvania 19057;

(b) Defendant is an Ohio corporation which maintains its principle place of

business at 21721 Tungsten Road, Euclid, Ohio 44117;

(c) None of the Co-Defendants named in this action are Pennsylvania

Corporations. In addition, none of the Co-Defendants have principle places of business in the

Commonwealth of Pennsylvania. 

3. Copies of all process, pleadings, and orders which have been received by Defendant

are filed herewith.

4. This Notice is timely, it being filed within thirty das of the receipt by Petitioner of

a copy of the Complaint - Civil Action setting forth the claims for relief upon which the action is

based.

WHEREFORE, Defendant prays that the above action, pending against them in the Court

of Common Pleas of Philadelphia County be removed to this Honorable Court.

Respectfully submitted,

BODELL, BOVE, GRACE & VAN HORN

By: 

Joseph F. Van Horn, Jr., Esquire

Holly L. McReynolds, Esquire

Identification No. 10133/76416

Bodell Bove, Grace & Van Horn

30 South 15th Street, 6th Floor

Philadelphia, PA 19102

(215) 864-6600

Attorney for Defendant, 

Austin-Hunt Corporation 

Date:

IN THE UNITED STATES DISTRICT COURT

Case 2:04-cv-02022-RBS Document 1 Filed 05/10/2004 Page 3 of 4
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

 

Fernando & Kathleen Tellado, h/w :

: CIVIL ACTION 

Plaintiff :

 v. : NO.:

:

Austin Hunt Corp., et al. :

:

 Defendants :

 :

CERTIFICATE OF SERVICE

I, Holly L. McReynolds, Esquire, attorney for defendants, hereby certify that I caused a true

and correct copy of the foregoing pleading to be served upon the individuals listed below via United

States Mail, first class, postage pre-paid as follows:

Eric Vogel, Esquire

Wapner, Newman, Wigrizer & Brecher

115 S. 21st Street

Philadelphia, PA 19103

BODELL, BOVE, GRACE & VAN HORN

By: 

Joseph F. Van Horn, Jr., Esquire

Holly L. McReynolds, Esquire

Identification No. 10133/76416

Bodell Bove, Grace & Van Horn

30 South 15th Street, 6th Floor

Philadelphia, PA 19102

(215) 864-6600

Attorney for Defendant, 

Austin-Hunt Corporation

Date:

Case 2:04-cv-02022-RBS Document 1 Filed 05/10/2004 Page 4 of 4