PH1 646225v1 09/08/04

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

PNC BANK, NATIONAL ASSOCIATION 

1600 Market Street 

Philadelphia, PA 19103, 

 Plaintiff 

 v. 

JONATHAN SHIEKMAN 

8 Ashbridge Lane 

Linwood, NJ 08221, 

 Defendants 

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CIVIL ACTION 

NO. 

 

NOTICE OF REMOVAL

TO: THE CLERK OF THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

James W. Hennessey, Esquire 

Dilworth Paxson LLP 

3200 Mellon Bank Center 

1735 Market Street 

Philadelphia, PA 19103-7595 

Attorney for Plaintiff 

PLEASE TAKE NOTICE that defendant, Jonathan Shiekman (hereinafter “Shiekman”), 

by and through his attorneys, Fox Rothschild LLP, hereby removes the civil action pending in 

the Court of Common Pleas of Philadelphia County, PA, No. 040600776, to the United States 

District Court for the Eastern District of Pennsylvania and, in support thereof, respectfully 

represents as follows: 

BACKGROUND

1. On or about August 10, 2004, plaintiff, PNC Bank, National Association 

(“PNC”), filed a complaint against Shiekman in the Court of Common Pleas of Philadelphia 

County, Pennsylvania, No. 040600776. 

2. Shiekman received a copy of the complaint on or about August 11, 2004. 

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STATEMENT OF THE GROUNDS FOR REMOVAL – 28 U.S.C. § 1446(a)

3. Plaintiff, PNC, a national banking institution with an office at 1600 Market Street, 

Philadelphia, Pennsylvania 19103, has its principal place of business in Pennsylvania. It is 

incorporated in the Commonwealth of Pennsylvania. 

4. Defendant, Shiekman, is an adult individual with his residence at 8 Ashbridge 

Lane, Linwood, New Jersey 08221. 

5. In its complaint, PNC commenced a breach of contract civil action against 

Shiekman. 

6. In its complaint, PNC demands compensatory damages in excess of $500,000. 

7. Therefore, this Court has original jurisdiction over PNC’s complaint pursuant to 

28 U.S.C. § 1332 because this is a civil action between parties of different states and the matter 

in controversy exceeds the sum or value of seventy-five thousand dollars ($75,000.00), exclusive 

of interest and costs. 

8. In light of the fact that this Court has original jurisdiction over PNC’s complaint, 

the action may be removed to this Court by Shiekman pursuant to 28 U.S.C. § 1441(a). 

COPIES OF ALL PROCESS, PLEADINGS, AND 

ORDERS SERVED ON DEFENDANT – 28 U.S.C. § 1446(a)

9. A true and correct copy of the original complaint received by Shiekman in the 

action filed against him in the Court of Common Pleas of Philadelphia County, No. 040600776, 

is attached hereto as Exhibit “A” and made part hereof by reference. 

TIMELINESS OF NOTICE OF REMOVAL – 28 U.S.C. § 1446(b)

10. Pursuant to 28 U.S.C. § 1446(b), a “notice of removal of a civil action or 

proceeding shall be filed within thirty days after the receipt by the defendant . . . of a copy of the 

initial pleading setting fort the claim for relief upon which the state court action is based.” 

Shiekman received a copy of the complaint on or about August 11, 2004. 

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11. This Notice of Removal is being filed within thirty days after Shiekman’s receipt 

of PNC’s complaint. 

WHEREFORE, defendant, Jonathan Shiekman, hereby removes this matter from the 

Court of Common Pleas of Philadelphia County, Pennsylvania to the United States District Court 

for the Eastern District of Pennsylvania. 

Respectfully submitted, 

____________________________________ 

KEAN K. McDONALD, ESQUIRE 

FOX ROTHSCHILD LLP 

2000 Market Street, 10th Floor 

Philadelphia, PA 19103 

215-299-2862 

Attorneys for Defendant, 

Jonathan Shiekman 

Dated: 

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PH1 646225v1 09/08/04

CERTIFICATE OF SERVICE

 I, Kean K. McDonald, Esquire, attorney for defendant, Jonathan Shiekman, hereby 

certify that a true and correct copy of the within Notice of Removal was served via U.S. Mail 

upon the parties listed below. 

 _________________________________________ 

 Kean K. McDonald 

James W. Hennessey, Esquire 

Dilworth Paxson LLP 

3200 Mellon Bank Center 

1735 Market Street 

Philadelphia, PA 19103-7595 

Attorneys for Plaintiff 

Date:________________________ 

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