IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JAMES REEVES, III, AND ALTHEA CIVIL ACTION

JACOBS, PARENT AND NATURAL

GUARDIAN

 v.

CITY OF PHILADELPHIA POLICE

DEPARTMENT;

IMANI EDUCATION CIRCLE CHARTER

SCHOOL; AND VANESSA CARTERMORAGNE No.

_____________________

NOTICE OF REMOVAL

TO: THE HONORABLE JUDGES OF THE UNITED STATES 

DISTRICT COURT FOR THE EASTERN DISTRICT OF 

PENNSYLVANIA:

Defendant, Vanessa Carter-Moragne, by and through her undersigned

attorney, respectfully avers as follows:

1. On June 21, 2002, the plaintiffs filed a Complaint against the

defendants in the above matter in the Court of Common Pleas of

Philadelphia County captioned James Reeves, III, a minor by his parent and

natural guardian, Althea Jacobs v. City of Philadelphia-Police Department;

Imani Education Circle Charter School; and Vanessa Carter-Moragne. A

true and correct copy of the plaintiffs’ Complaint, without admission as to

any averments therein, is attached hereto as Exhibit “A”. 

2. The Complaint filed by the plaintiffs alleges that the defendants

Case 2:02-cv-04428-SD Document 1 Filed 07/03/02 Page 1 of 8
individually, or jointly, violated the plaintiff’s rights under the Constitution

and the laws of the United States including, but not limited to, 42 U.S.C.A.

§1983. 

3. The above described action is one which may be removed to this

Honorable Court by defendant, Vanessa Carter-Moragne pursuant to the

provisions of 28 USC §1441 and that this action has been brought in a State

court of which the District courts of the United States have original

jurisdiction in this action asserts a claim or right arising out of the

Constitution and laws of the United States and is, therefore, removable

pursuant to 28 U.S.C. §1441 (b). 

4. Copies of all process, pleadings, and Orders which have been

received by the defendants are attached hereto and filed herewith. 

5. This notice is timely, and it was filed within thirty (30) days of

receipt of the plaintiffs’ Complaint setting forth the claims for relief upon

which the action is based. See docket entries attached hereto.

6. Defendants expressly reserve the right to raise all defenses and

objections in this action after it is removed to this Honorable Court.

7. A true and correct copy of this Notice of Removal is being filed

with the Prothonotary of the Court of Common Pleas of Philadelphia

County, Pennsylvania as provided by 28 U.S.C. §1446 (d).

Case 2:02-cv-04428-SD Document 1 Filed 07/03/02 Page 2 of 8
8. Written notice of the filing of this Notice of Removal will be given

to all parties as required by 28 U.S.C. §1446 (d).

9. Plaintiffs in their Complaint have demanded and perfected a

demand for trial by jury. See Exhibit “A”.

WHEREFORE, defendant, Vanessa Carter-Moragne, hereby gives

notice that this action is removed from the Court of Common Pleas of

Philadelphia County, Pennsylvania, to the United States District Court for

the Eastern District of Pennsylvania. 

MARGOLIS EDELSTEIN

By: ___________________________

FREDERICK T. LACHAT, JR.

Attorney for Defendant,

Vanessa Carter-Moragne

Case 2:02-cv-04428-SD Document 1 Filed 07/03/02 Page 3 of 8
File No.: 28400-4301

V E R I F I C A T I O N

The averments or denials of fact contained in the foregoing are true and based

upon the signer's knowledge or information and belief. If the foregoing contains

averments which are inconsistent in fact, signer has been unable, after reasonable

investigation, to ascertain which of the inconsistent averments are true, but signer has

knowledge or information sufficient to form a belief that one of them is true. This

Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn

falsification to authorities. Counsel takes this Verification on behalf of Defendant as the

person authorized by Defendant to take this Verification could not be reached in time to

take this Verification.

_____________________________

FREDERICK T. LACHAT, JR.

DATE:

Case 2:02-cv-04428-SD Document 1 Filed 07/03/02 Page 4 of 8
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JAMES REEVES, III, AND ALTHEA CIVIL ACTION

JACOBS, PARENT AND NATURAL

GUARDIAN

 v.

CITY OF PHILADELPHIA POLICE

DEPARTMENT;

IMANI EDUCATION CIRCLE CHARTER

SCHOOL; AND VANESSA CARTERMORAGNE No.

_____________________

CERTIFICATE OF SERVICE

I, FREDERICK T. LACHAT, JR., ESQUIRE, do hereby certify that a

true and correct copy of Defendant, Vanessa Carter-Moragne’s Notice of

Removal was sent to counsel below named via first class United States

Mail, postage prepaid on 7/3/02.

Ilene Schafer, Esquire

North American Building

121 South Broad Street

Suite 800

Philadelphia, PA 19107

Michael Blume, Esquire

1515 Arch Street, 15th Floor

Philadelphia, PA 19102

Harold Viletto, Esquire

1515 Market Street, Suite 1802

Philadelphia, PA 19102

Case 2:02-cv-04428-SD Document 1 Filed 07/03/02 Page 5 of 8
MARGOLIS EDELSTEIN

By: __________________________

FREDERICK T. LACHAT, JR.

Counsel for Defendant,

Vanessa Carter-Moragne

Case 2:02-cv-04428-SD Document 1 Filed 07/03/02 Page 6 of 8
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JAMES REEVES, a minor by his p/n/g, COURT OF COMMON

PLEAS

ALTHEA JACOBS PHILADELPHIA COUNTY

1934 Dalkeith Street

Philadelphia, PA 19140 February term, 2002

v. No. 001647

CITY OF PHILADELPHIA _________________________

1515 Arch Street

Philadelphia, PA 19102

and

IMANI EDUCATION CIRCLE CHARTER

SCHOOL CIVIL ACTION

5612 Greene Street

Philadelphia, PA 19140 No.

and

VANESSA CARTER-MORAGNE

C/O 9th Police District

401 N. 21st Street

Philadelphia, PA 19130

TO: PROTHONOTARY, Court of Common Pleas

PHILADELPHIA COUNTY

Room 295 City Hall

Philadelphia, PA 19107

Ilene Schafer, Esquire

121 S. Broad Street

Suite 800

Philadelphia, PA 19107

Case 2:02-cv-04428-SD Document 1 Filed 07/03/02 Page 7 of 8
Michael Blume, Esquire

1515 Arch Street, 15th Floor

Philadelphia, PA 19102

Harold Viletto, Esquire

1515 Market Street, Suite 1802

Philadelphia, PA 19102

PLEASE TAKE NOTICE THAT ON 7/2/02, Defendant, Vanessa

Carter-Moragne filed in the Office of the Clerk for the United States District

Court for the Eastern District of Pennsylvania a NOTICE OF REMOVAL. 

A copy of the Notice is also being filed with the Prothonotary of the Court

of Common Pleas of Philadelphia County, pursuant to Title 28 U.S.C.

§1446(d).

MARGOLIS EDELSTEIN

By: ___________________________

FREDERICK T. LACHAT, JR.

Counsel for Defendant,

Vanessa Carter-Moragne

Case 2:02-cv-04428-SD Document 1 Filed 07/03/02 Page 8 of 8