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HomeMy WebLinkAbout03-5291IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO.t% ~ X')q( CIVIL '-F~ ~ CIVIL ACTION JOHN CHEST C/O Krevsky & Rosen, P.C. 110I North Front Street Harrisburg, Pennsylvania 17102 Plaintiff AMERICA HONDA COMPANY 1919 Torrence Boulevard Torrence, Califomia 90501 LOWE'S COMPANIES, INC C/O Lowe's Home Improvements 4000 Union Deposit Road Harrisburg, Pennsylvania 17109 BRIGGS & STRATTON 12301 Westwirth Street Wauwatosa, Wisconsin 53222 Defendants PRAECIPE FOR WRIT OF SUMMONS TO CURTIS B. LONG, PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to JOHN CHEST C/O Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17 102 JOHN CHEST, PLAINTIFF WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S) YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary DATE: ~r~t- 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN CHEST, Plaintiff, ) VS. ) ) AMERICAN HONDA COMPANY, ) LOWE'S COMPANIES, INC., and BRIGGS ) & STRATTON, ~ ) ) Defendants. ) PRAECIPE FOR APPEARANCE No. 03-5291 Civil TO: Curtis R. Longi Prothonotary Kindly enter ihe appearance of Pietragallo, Bosick & Gordon, Clem C. Trischler, Esquire, and Patrick J. IDoheny Esquire, on behalf of the defendant, American Honda Motor Co., Inc., in the above-captioned action. A JURY TRI~L IS DEMANDED. Respectfully submitted, PIETRAGALLO, BOSICK & GORDON By: C/O_/r~ f' _~/~ Clem C.' ~"~s~filer, E~qmhre Patrick J. Doheny, Esquire The They-Eighth Floor One Oxford Center Pi~sb~, PA 15219 (412) 263-2000 Attorneys fbr Defendant, American Honda Motor Co., Inc. CERTIFICATE OF SERVICE I, Clem C. Trischler, Esquire, do hereby certify that a true and correct copy of the within PRAECIPE FOR APPEARANCE has been served on all counsel of record listed below by U.S. first class mail, postage prepaid, this~j day of C)c---I-~ I~ fi___P-_ , 2003: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Counsel for the Plaintiff Clem C. Trischler 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL DiVISION JOHN CHEST, VS. Plaintiff, AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC, and BRIGGS & STRATTON, ) ) ) ) ) No. 03-52'[}1 Civil ) ) ) ) ) Defendants. ) ~RAECIPE FOR RULE TO FILl*, COMPLAINT TO: Curtis R. Longl Prothonotary Kindly issue a Rule compelling the plaintiff, John Chest, to file a Complaint in the above- captioned action within twenty (20) days. Respectfully submitted, PIETRAGALLO, BOSICK & GORDON Clem C. Trischler, Esquire Patrick J. Doheny, Esquire The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 (412) 263-2000 A~omeys tbr De~ndant, American Honda Motor Co., hc. RULE withAnd NOW,abovethiSpragcipe.3rd day of November, 2003, Rule is issued in accordance Curtis R. Long, Prothonotary Deputy Prothonotary CERTIFICATE OF SERVICE I, Clem C. Trischler, Esquire, do hereby certify that a true and correct copy of the within PRAECIPE FOR RULE TO FILE COMPLAINT has been served on all counsel of first class mail, postage prepaid, this ' day of record listed below by U.S. Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Counsel for the Plaintiff Clem C. Trischler 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL DiVISION JOHN CHEST, Plaintiff, VS. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON, Defendants. TO: No. 03-5291 Civil PROOF OF SERVICE Curtis R. Long, Prothonotary The undersigned, Clem C. Trischler, Esquire, of Pietragallo, Bosick & Gordon, hereby Esquire, by United States Certified Mail, Return Receipt Requested, postage prepaid on November 10, 2003. Attached hereto and marked as Exhibit "A" is a true and correct copy of the Return Receipt evidencing delivery of the Rule. Respectfully submitted, PIETRAGALLO, BOSICK & GORDON By: Clem C. Trischler, Esquire P ~ Patrick J. Doheny, Esquire The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 (412) 263-2000 Attorneys for Defendant, American Honda Motor Co., Inc. County, Pennsylvania, was duly served upon counsel for the plaintiff, Lawrence J. Rosen, certifies that the Rule issued by the Prothonotary of the Court of Common Pleas of Cumberland · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Adicle Addressed to: Lawrence J. Rosen Krevsky & Rosen PC 1101 North FroDt Street Harrisburg, PA 17102-3324 A, Signature E] Agent X ~'*'~'~'/ [] Addressee B. Received by ( Printed Name) C. ate of Delivery D. Is detiven/address different from em 1. [] Yes If YES, enter delivery address below: [~ No 3, Service Type ~1 Certified Mail E] Express Mail E] Registered [~Return Receipt for Merchandise [] Insured Mail E] C.O.D. 4. Res rcted Deliver~? (Extra Fee) E] Yes 2. Ariicle Number (Fransfer from service label) 7 0 0 2 0 5 1 0 0002 5805 4601 PS Form 381 1, August 2001 Domestic Return Receipt 102595 01-M-2509 .CERTIFICATE OF SERVICE I, Clem C. Trischler, Esquire, do hereby certify that a true and correct copy of the within PRAECIPE FOR RULE TO FILE COMPLAINT has been served on all counsel of record listed below by U.S. first class mail, postage prepaid, this ra 3 dayofDecember, 2003: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Counsel for the Plaintiff Dennis L. Platt, Esquire Sweeney & Sheehan 19th Floor - 1515 Market Street Philadelphia, PA 19102-1983 Counsel for Briggs & Stratton Clem C. Trischler ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN CHEST, Plaintiff, VS. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON, Defendants. ) ) ) ) ) No. 03-5291 Civil ) ) ) ) ) ) NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS ro~ John Chest c/o Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Counsel for the Plaintiff Date of Notice: December 23, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 No. 03-5291 Civil Respectfully submitted, PIETRAGALLO, BOSICK & GORDON Clem C. Trischler, Esquire Patrick J. Doheny, Esquire The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 (412) 263-2000 Attorneys for Defendant, American Honda Motor Co., Inc. -2- CERTIFICATE OF SERVICE I, Clem C. Trischler, Esquire, do hereby certify that a true and correct copy of the within NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS has been served on all counsel of record listed below by U.S. first class mail, postage prepaid, this~-> day of December, 2003: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Counsel for the Plaintiff Dennis L. Platt, Esquire Sweeney & Sheehan 19th Floor - 1515 Market Street Philadelphia, PA 19102-1983 Lowe's Companies, Inc. c/o Lowe's Home Improvements 4000 Union Deposit Road Harrisburg, PA 17109 Clem C. Trischler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN CHEST, Plaintiff AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON, Defendants ) ) ) ) ) ) ) ) ) NO. 03-5291 Civil NOTICE TO PLEAD You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without further notice for any money claimed in the Amended Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Legal Services 7 North Hanover Street Carlisle, PA 17013 (717) 243-9400 NOTICIA Le han demandado a usted en la corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la excrita o en persona o por abogado y archivar en la corte en forma excrita sus defensas o sus obje.ction.es a las demande, la corte tomara medidas y puede entrar una orden contra usted sin prewo awso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO SI NO TIENE EL D/NERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA O LLAME POR TELEFONO A LA OF[CINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN CHEST, Plaintiff AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON, Defendants ) ) ) ) ) ) ) ) ) NO. 03-5291 Civil COMPL~AINT AND NOW, this 6:~ day of January, 2004, comes Plaintiff, John Chest, by and through counsel, Lawrence J. Rosen, Esquire, and offers the following averments in support of the within Complaint: 1. John Chest is an adult male residing in Cumberland County, Pennsylvania. .Defendant, Briggs and Stratton, is a corporation headquartered in Wisconsin and is engaged in manufacturing various tools and electrical equipment. Defendant, American Honda Company, is headquartered in Torrance, California and.is engaged in manufacturing various products including but not limited to engines used as component parts on products manufactured by other corporations. efendant, Lowe s Companies, Inc., is a corporation engaged in the retail and wholesale of building and construction equipment and supplies. Plaintiff has been engaged in the business of real estate maintenance, repair and remodeling for more than ten years. On or about August 30, 2001, Plaintiff purchased a Generac 3500PSI high pressure washer from L ' owe s Companies, owe s, a store owned by Defendant L ' ' Inc., located on Union Deposit Road, Dauphin County, Pennsylvania. Plaintiff has used similar equipment in his work fbr many years and is well acquainted with the proper use and maintenance of such equipment. 10. 11. 12. 13. 14. 15. 16. 17. The motor on the subject washer was manufactured by Defendant, American Honda Company. The subject motor was delivered to Defendant, Briggs and Stratton, the successor to Generac, completely manufactured and was installed on the subject washer by Defendant Briggs and Stratton without any change(s) made to the engine. On or about October 12, 2003, while using the :~ubject washer during the ordinary course of Plaintiff's business, the washer's motor exploded causing serious injury to Plaintiff and loss of the washer.. Plaintiff suffered second degree bums to his left leg causing him severe pain and suffering and permanent scarring to his left leg as well as embarrassment and humiliation related to said permanent scarring.. In addition, Plaintiff was unable to work for approximately four months causing him to lose substantial income. There is no other possible explanation for the explosion of the subject washer other that the defective nature of the washer/motor. COUNT I STRICT LIABILITY - AMERICAN HONDA COMPANY Paragraphs one through thirteen are incorporated as if fully set forth herein. Defendant, American Honda Company, manufactured and distributed a defective motor which was affixed by Defendant, Briggs and Stratton, to the subject power washer. The defective motor on the subject power washer was attached to said washer by Defendant, Briggs and Stratton, without modification to said washer. As a result of the defective power washer/motor, Plaintiff suffered damages including loss of the subject power washer, loss of income, second degree bums to his. left leg, substantial pain and suffering due to said bums and permanent scamng to his left leg as well as embarrassment and humiliation due to said permanent scarring. WHEREFORE, Plaintiff asks that judgement be entered against Defendant, American Honda Company, in an amount greater that thirty five thousand dollars. COUNT II STRICT LIABILITY - LOWE'S COMPANIES, INC. 18. Paragraphs one through seventeen are incorporated as if fully set forth herein. 19. Defendant, Lowe's Companies, Inc., received the subject defective power washer from Defendant, Briggs and Stratton, and sold same to Plaintiff. 20. Plaintiff has suffered damages directly related to said defective power washer. WHEREFORE, Plaintiff asks that judgement be entered against Defendant, Lowe's Companies, Inc., in an amount greater than thirty five thousand dollars. COUNT III STRICT LIABILITY - BRIGGS AND STRATTON 21. Paragraphs one through twenty are incorporated as if fully set forth herein. 22. Defendant, Briggs and Stratton, manufactured the subject power washer and attached the motor manufactured by Defendant, American Honda Company, and provided same to Defendant, Lowe's Companies, Inc., which sold said power washer to Plaintiff. 23. Plaintiff has suffered damages directly related to said defective power washer. WHEREFORE, Plaintiff asks that judgement be entered against Defendant, Briggs and Stratton, in a amount greater that thirty five thousand dollars. By: Respectfully submitted: KREVSKY & ROSEN, P.C. Lawrence J. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102 ID# 10625 (717) 234-4583 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN CHEST, Plaintiff V. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON, Defendants NO. 03-5291 Civil VERIFICATION I, JOHN CHEST, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of our knowledge, information and beliefi I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to sworn falsification to authorities. DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN CHEST, Plaintiff AMERICAN HONDA COMPANY, LOWE'S COMPANIES, 1NC., and BRIGGS & STRATTON, Defendants ) ) ) ) ) ) ) ) ) NO. 03-5291 Civil CERTIFICATE OF SERVICE AND NOW, this ~ day of tbqt ~ 1 ,2(104, I, Janelle J. Monday for the Law Firm of Krevsky & Rosen, P.C., on behalf of Plaintiff, JOHN CHEST, hereby certify that I have this day served a copy of the Complaint in the above-captioned matter, via FIRST CLASS U.S. MAIL CERTIFIED MAIL CLEM C. TRISCHLER PIETRAGALLO BOSICK & GORDON THE THIRTY-EIGHTH FLOOR ONE OXFORD CENTRE PITTSBURGH, PA 15219 LOWE'S COMPANIES, INC C/O LOWE'S HOME IMPROVEMENTS 4000 UNION DEPOSIT ROAD HARRISBURG, PA 17109 COUNSEL FOR AMERICAN HONDA COMPANY DENNIS L. PLATT, ESQUIRE SWEENEY & SHEEHAN 19TM FLOOR- 1515 MARKET STREET PHILADELPHIA, PA 19102-1983 COUNSEL FOR BRIGGS & STRATTON Jan~611e J. Monc~ay d 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 FILED-OFFICE OF THE PR, OTH©,NOTARY 21~ JAN -2 F~ 2:57 PENNSYLk, F,N~A SWEENEY & SHEEHAN BY: Dennis L. Platt, Esquire Identification No: 34497 19th Floor, 1515 Market Street Philadelphia, PA 19102 (215) 563-9811 ATTORNEY FOR: Briggs & Stratton Defendant JOHN CHEST VS. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON COURT OF COMMON PLEAS OF CU'MBERLAND COUNTY CIVIL DIVISION No. 03-5291 ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAl, TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Briggs & Stratton, in the above captioned matter. Defendant requests a Jury at the time of trial in this matter. SWEENEY & SHEEHAN Dennis L. Platt DATE: December 1, 2003 SWEENEY & SHEEHAN BY: Dennis L. Platt, Esquire Identification No: 34497 19th Floor, 1515 Market Street Philadelphia, PA 19102 (215) 563-9811 ATTORNEY FOR: Defendant Briggs & Stratton JOHN CHEST VS. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION No. 03-5291 CERTIFICATION OF SERVICE I, Dennis L. Platt, Esquire, hereby certifies that a true and correct copy of the attached ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL has been forwarded to all interested counsel/parties by a letter dated December 1, 2003 by U.S. Regular Mail. ALL INTERESTED COUNSEL/PARTIES Clem C. Trischler, Esquire Pietragallo Bosick & Gordon The Thirty-Eighth Floor One Oxford Centre Pittsburgh, PA 15219 Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1 i01 North Front Street Harrisbnrg, PA 17102-3324 Lowe's Companies, Inc. 4000 Union Deposit Road Harrisburg, PA 17109 DATE: December 1, 2003 SWEENEY & SHEEHAN Dennis L. Platt SWEENEY & SHEEHAN BY: Dennis L. Platt, Esquire Identification No: 34497 19th Floor, 1515 Market Street Philadelphia, PA 19102 (215) 563-9811 ATTORNEY FOR: Defendants Briggs & Stratton and Lowe's Companies, Inc. JOHN CHEST VS. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : : CIVIL DIVISION : No. 03-5291 ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Lowe's Companies, Inc., in the above captioned matter. Defendant requests a Jury at the time of trial in this matter. Dennis L. Platt DATE: January 12, 2004 SWEENEY & SHEEHAN BY: Dennis L. Platt, Esquire Identification No: 34497 19th Floor, 1515 Market Street Philadelphia, PA 19102 (215) 563-9811 ATTORNEY FOR: Defendams Briggs & Stratton and Lowe's Companies, Inc. JOHN CHEST VS. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION No. 03-.5291 CERTIFICATION OF SERVICE I, Dennis L. Platt, Esquire, hereby certifies that a tree and correct copy of the attached ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL has been forwarded to all interested counsel/parties by a letter dated January 12, 2004 by U.S. Regular Mail. ALL INTERESTED COUNSEL/PARTIES Clem C. Trischler, Esquire Pietragallo Bosick & Gordon The Thirty-Eighth Floor One Oxford Centre Pittsburgh, PA 15219 Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 DATE: January 12, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN CHEST, Plaintiff, VS. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON, Defendants. ) ) ) ) ) No. 03-5291 Civil ) ) ) ) ) ) NOTICE OF FILING OF NOTICE OF REMOVAL. To: Cumberland County Prothonotary Attached hereto and marked as Exhibit "1" is a true and correct copy of the Notice of Removal which has been filed on behalf of the defendant, American Honda Motor Co., Inc., in the United States District Court for the Middle District of Pennsylvania. Pursuant to the requirements of 28 U.S.C. § 1446, notice is hereby provided that all further proceedings in this matter are stayed. Respectfully submitted, PIETRAGALLO, BOSICK & GORDON By: · Clem C. Trischler, Esquire Patrick J. Doheny, Esquire The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 (412) 263-2000 Attorneys for Defendant, American Honda Motor Co., Inc. JOHN CHEST, IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Plaintiff, ) vs. ) Civil Action No. ) AMERICAN HONDA COMPANY, ) LOWE'S COMPANIES, INC., and BRIGGS ) & STRATTON, ) ) Defendants. ) NOTICE OF REMOVAL AND NOW, comes the defendant, American Honda Motor Co., Inc. (hereinafter "AHM'), by and through its counsel, Clem C. Trischler, Esquire, of Pietragallo, Bosick & Gordon, and file this Notice of Removal. Pursuant to 28 U.S.C. § 1441, et seq., the defendant submits that the United States District Court for the Middle District of Pennsylvania has original subject matter jurisdiction over this civil action and that this matter shall be removed to the District Court in accordance with the procedures provided at 28 U.S.C. § 1441. In further support of this Notice of Removal, the defendants state as follows: 1. Plaintiff, John Chest, commenced this civil action in the Court of Common Pleas of Cumberland County, Pennsylvania, with the filing of a Writ of Summons on October 6, 2003. 2. The Writ of Summons identified AHM, Lowe's Companies, Inc., and Briggs & Stratton as defendants. 3. Following the service of the Writ, a Rule to File a Complaint was issued, and the plaintiff was directed to file a Complaint in accordance with the Pennsylvania Rules of Civil Procedure. 5. Pursuant to the Rule, on January 2, 2004, plaintiff filed a Complaint in Civil AHM has attached hereto and marked as Exhibit "A" a true and correct copy of the Praecipe for Writ of Summons which commenced this action. In addition, the Complaint in Civil Action filed by plaintiffs has been attached hereto and marked as Exhibit "B". 6. Consistent with the procedural requirements for removal, all of the remaining pleadings filed in connection with the state court action have been attached to this Notice of Removal and have been marked as Exhibit "C". 7. It is alleged in the plaintiffs' Complaint that the plaintiff is a resident and citizen domiciled in the Commonwealth of Peimsylvania. 8. AHM is a corporation organized under the laws of the state of California with its principle place of business in California. 9. Upon information and belief, Briggs & Stratton and Lowe's Companies, Inc., are corporations formed outside of the Commonwealth of Pennsylvania and which maintain their principal places of business in Wisconsin and North Carolina, respectively. 10. Complete diversity of citizenship exists between the plaintiff and the defendants since the named defendants to this action are not domiciled in the Commonwealth of Pennsylvania and do not maintain their principal place of business in the Commonwealth of Pennsylvania. 11. Original subject matter jurisdiction exists in the United States District Court for the Middle District of Pennsylvania pursuant to 28 U.S.C. § 1332, which confers upon the District Court original subject matter jurisdiction over all civil actions based on diversity. -2- 12. The United States District Court for the Middle District of Pennsylvania has original jurisdiction over this civil action, and this matter may be removed to federal court in accordance with the procedures set forth at 28 U.S.C. § 1441. 13. All defendants join and consent to AHM's request for removal as evidenced by the written Consent to Removal which has been filed on behalf of Briggs & Stratton and Lowe's Companies, Inc., and which is attached hereto as Exhibit "D." 14. All procedural requirements and pre-conditions to removal have been satisfied since this Notice of Removal has been filed within thirty (30) days of the receipt of the service of plaintiff's Complaint. 15. Jurisdiction exists pursuant to 28 U.S.C. § 1332 as complete diversity is present between the parties, and the allegations of compensatory damages appear to involve amounts in controversy in excess of the jurisdictional limit. WHEREFORE, defendant, American Honda Motor Co., Inc., hereby removes this civil action to the United States District Court for the Middle District of Pennsylvania pursuant to 28 U.S.C. § 1332. Respectfully submitted, PIETRAGALLO, BOSICK & GORDON Clem C. Trischler, Esquire Pa I.D. #52957 The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 (412) 263-2000 Attorneys for Defendant, American Honda Motor Co., Inc. -3- JOHN CHEST C/O Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, Pennsylvania 17102 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO.~ CIVIL CIVIL ACTION AMERICA HONDA COMPANY 1919 Torrence Boulevard Torrence, California 90501 LOWE'S COMPANIES, INC C/O Lowe's Home Improvements 4000 Union Deposit Road Harrisburg, Pennsylvania 17109 BRIGGS & STRATTON 12301 Westwirth Street Wauwatosa, Wisconsin 53222 Defendants PRAECIPE FOR WRIT OF SUMMONS TO CURTIS B. LONG, PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to JOHN CHEST C/O Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 JOHN CHEST, PLAINTIFF WRIT OF SUMMONS TO THE .aBOVE NAMED DEFENDANT(S) YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS COMMENCED AN ACTION AGAINST YOU. DATE: JOHN CHEST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff V. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON, Defendants _.NOTICE TO PLEAD %% ) ) ) NO. 03-5291 Civil You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without further notice for any money claimed in the Amended Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Legal Services 7 North Hanover Street Carlisle, PA 17013 (717) 243-9400 NOTICIA Le hah demandado a usted en la corte. Si usted quire defenderse de estas demandas expu. etas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la excnta o en persona o por abogado y archivar en la corte en forma excrita sus defensas o sus objestiones a las demande, la corte tomara medidas y puede entrar una orden contra usted sin prevJo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importances para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOo S] NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION. VAYA EN PERSONA O LkAME POR TELEFONo AkA OFICINA CUYA DIREcCION SE PUEDECONSEGU1R ASISTENCIA LEGAL. JOHN CHEST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' CIVIL DIVISION Plaintiff AMERICAN HONDA COMPANY, L ' OWE S COMPANIES, 1NC., and BRIGGS & STRATTON, Defendants ) ) ) ) ) ) ) ) ) NO. 03-5291 Civil COMPLAINT AND NOW, this ~7'~_ day of January, 2004, comes Plaintiff, John Chest, by and through counsel, Lawrence J. Rosen, Esquire, and offers the following averments in support of the within Complaint: John Chest is an adult male residing in Cumberland County, Pennsylvania. ~)efendant, Briggs and Stratton, is a corporation headquartered in Wisconsin and is engaged in manufacturing various tools and electrical equipment. Defendant, American Honda Company, is headquartered in Torrance, California and is engaged in manufacturing various products including but not limited to engines used as component parts on products manufactured by other corporations. Defendant, Lowe's Companies, Inc., is a corporation engaged in the retail and wholesale of building and construction equipment and supplies. Plaintiff has been engaged in the business of real estate maintenance, repair and remodeling for more than ten years. On or about August 30, 2001, Plaintiff purchased a Generac 3500PSI high pressure washer from Lowe's, a store owned by Defendant L ' · · owe s Companies, Inc., located on Union Deposit Road, Dauphin County, Pennsylvania. Plaintiff has used similar equipment in his work for many years and is well acquainted with the proper use and maintenance of such equipment. 10. 11. 12. 13. 14. 15. 16. 17. The motor on the subject washer was manufactured by Defendant, American Honda Company. The subject motor was delivered to Defendant, Briggs and Stratton, the successor to Generac, completely manufactured and was installed on the subject washer by Defendant Briggs and Stratton without any change(s) made to the engine. On or about October 12, 2003, while using the subject washer during the ordinary course of Plaintiff's business, the washer's motor exploded causing serious injury to Plaintiff and loss of the washer.. Plaintiff suffered second degree burns to his left leg causing him severe pain and suffering and permanent scarring to his left leg as well as embarrassment and humiliation related to said permanent scarring.. In addition, Plaintiff was unable to work for approximately four months causing him to lose substantial income. There is no other possible explanation for the explosion of the subject washer other that the defective nature of the washer/motor. .COUNT I STRICT LIABILITY - AMERICAN H~ONDA CO~__MP,4. N~y Paragraphs one through thirteen are incorporated as if fully set forth herein. Defendant, American Honda Company, manufactured and distributed a defective motor which was affixed by Defendant, Briggs and Stratton, to the subject power washer. The defective motor on the subject power washer was attached to said washer by Defendant, Briggs and Stratton, without modification to said washer. As a result of the defective power washer/motor, Plaintiff suffered damages including Joss of the subject power washer, loss of income, second degree burns to his left leg, substantial pain and suffering due to said bums and permanent scarring to his left leg as well as embarrassment and humiliation due to said permanent scarring. WHEREFORE, Plaintiff asks that judgement be entered against Defendant, American Honda Company, in an amount greater that thirty five thousand dollars. JOHN CHES~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff AMERICAN HONDA COMPANY, L ' OWE S COMPANIES, INC., and BRIGGS & STRATTON, Defendants ) ) ) ) ) ) ) ) ) NO. 03-5291 Civil VERIFICATION I, JOHN CHEST, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of our knowledge, information and belief. 1 also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to sworn falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUrviBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN CHEST, Plaintiff AMERICAN HONDA COMPANY, ) LOWE'S COMPANIES, INC., and BRIGGS ) & STRATTON, ) Defendants ) ) ) ) ) ) NO. 03-5291 Civil CERTIFICATE OF SERVICE AND NOW' this '~ ~C[day °f O~'t ~ 1 °ZCj// , 2004, I, Janelle J. Monday for the Law Firm of Krevsky & Rosen, P.C., on behalf of Plaintiff, JOHN CHEST, hereby certify that I have this day served a copy of the Complaint in the above-captioned matter, via FIRST CLASS U.S. MAIL CLEM C. TRISCHLER PIETRAGALLO BOSICK & GORDON THE THIRTY-EIGHTH FLOOR ONE OXFORD CENTRE PITTSBURGH, PA 15219 CERTIFIED MAIL LOWE'S COMPANIES, INC C/O LOWE'S HOME IMPROVEMENTS 4000 UNION DEPOSIT ROAD HARRISBURG, PA 17109 COUNSEL FOR AMERICAN HONDA COMPANY DENNIS L. PLATT, ESQUIRE SWEENEY & SHEEHAN 19TM FLOOR-1515 MARKET STREET PHILADELPHIA, PA 19102-1983 COUNSEL FOR BRIGGS & STRATTON Jan~lle J. Monoay 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 SWEENEY & SHEEHAN BY: Dennis L. Platt, Esquire Identification No: 34497 19th Floor, 1515 Market Street Philadelphia, PA 19102 (215) 563-9811 ATTORNEY FOR: Defendants Briggs & Stratton and Lowe's Companies, Inc. JOHN CHEST VS. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION No. 03-5291 ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAl, TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Lowe's Companies, Inc., in the above captioned matter. Defendant requests a Jury at the time of trial in this matter. SWEENEY & SHEEHAN BY: Dennis L. Platt DATE: January 12, 2004 SWEENEY & SHEEHAN BY: Dennis L. Platt, Esquire Identification No: 34497 19th Floor, 1515 Market Street Philadelphia, PA 19102 (215) 563-9811 ATTORNEY FOR: Defendants Briggs & Stratton and Lowe's Companies, Inc. JOHN CHEST VS. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION No. 03-5291 CERTIFICATION OF SERVICE I, Dennis L. Platt, Esquire, hereby certifies that a true and correct copy of the attached ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL has been forwarded to all interested counsel/parties by a letter dated January 12, 2004 by U.S. Regular Mail. ALL INTERESTED COUNSEL/PARTIES Cle~n C. Trischler, Esquire Pietragallo Bosick & Gordon The Thirty-Eighth Floor One Oxford Centre Pittsburgh, PA 15219 Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 SYVEENEY & SHEEHAN BY: DATE: January 12, 2004 Dennis L. Platt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DWISION JOHN CHEST, 'VS. Plaintiff, AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC.,. and BRIGGS & STRATTON, Defendants. ) ) ) ) ) No. 03-5291 Civil ) ) To~ NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PRO,'; John Chest c/o Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Counsel for the Plaintiff Date of Nolice: December 23, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBy LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4"' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 No. 03-5291 Civil Respectfully submitted, PIETRAGALLO, BOSICK & GORDON Clem C. Trischler, Esquire Patrick J. Doheny, Esquire The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 (4! 2) 263-2000 Attorneys for Defendant, American Honda Motor Co., Inc. 2 CERTIFICATE OF SERVICE I, Clem C. Trischler, Esquire, do hereby certify that a true and correct copy of the within NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS has been served on all counsel of record listed below by U.S. first class mail, postage prepaid, this day of December, 2003: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Counsel for lhe Plaintiff Dennis L. Platt, Esquire Sweeney & Sheehan 19th Floor - 1515 Market Street Philadelphia, PA 19102-1983 Lowe's Companies, Inc. c/o Lowe's Home Improvements 4000 Union Deposit Road Harrisburg, PA 17109 Clem C. Trischler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1V1L DIVISION JOHN CHEST, VS. Plaintiff, AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON, Defendants. ) ) ) ) ) No. 03-5291 Civil ) ) ) ) ) ) PROOF OF SERVICE TO: Curtis R. Long, Prothonotary The undersigned, Clem C. Trischler, Esquire, of Pietragallo, Bosick & Gordon, hereby certifies that the Rule issued by the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, was duly served upon counsel for the plaintiff, Lawrence J. Rosen, Esquire, by United States Certified Mail, Return Receipt Requested, postage prepaid on November 10, 2003. Attached hereto and marked as Exhibit "A" is a true and correct copy of the Return Receipt evidencing delivery of the Rule. Respectfiflly submitted, P1]~TRAGALLO, BOSICK & GORDON Clem C. Trischler, Esquire ..... Patrick J. Doheny, Esquire The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 (412) 263-2000 Attorneys lbr Defendant, American Honda Motor Co., Inc. Complete items 1, 2. and 3 Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits Lawremce J. Rosen Krevsky & Rosen PC llOl North Fro~t S~rect Harrisbur~ PA 17102-3224 A. Signature EJAgent E]Addressee (Transler from service label) } O 0 2 PS Form 3811. August 2001 0510 0002 5805 4601 Domeslic Return Receipl EXHIBIT CERTIFICATE OF SERVICE I, Clem C. Trischler, Esquire, do hereby certify that a tree and correct copy of the xvithin PRAECIPE FOR RULE TO FILE COMPLAINT has been served on ail counsel of record listed beloxv by U.S. first class mail, postage prepaid, this 3~a day of December, 2003: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Counsel for the Plaintiff Dennis L. Platt, Esquire Sweeney & Sheehan 19th Floor - 1515 Market Street Philadelphia, PA 19102-1983 Counsel for Briggs & Stratton Clen~ C. Trischler .... SWEENEY & SHEEHAN BY: Dennis L. Platt, Esquire Identification No: 34497 19th Floor, 1515 Market Street Philadelphia, PA 19102 (215) 563-9811 / ATTORNEY FOR: Defendant Briggs & Stratton JOHN CHEST VS. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION No. 03-5291 ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAl, TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Briggs & Stratton, in the above captioned matter. Defendant requests a Jury at the time of trial in this matter. SWEENEY & SHEEHAN Dennis L. Platt DATE: December 1,2003 SWEENEY & SHEEHAN BY: Dennis L. Platt, Esquire Identification No: 34497 19th Floor, 15t5 Market Street Philadelphia, PA 19102 (215) 563-9811 ATTORNEY FOR: Defendant Briggs & Stratton JOHN CHEST VS. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION No. 03-5291 CERTIFICATION OF SERVICE I, Dennis L. Platt, Esquire, hereby certifies that a true and correct copy of the attached ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL has been forwarded to all interested counsel/parties by a letter dated December 1, 2003 by U.S. Regular Mail. ALL INTERESTED COUNSEL/PARTIES Clem C. Trischler, Esquire Pietragallo Bosick & Gordon The Thirty-Eighth Floor One Oxford Centre Pittsburgh, PA 15219 Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Lowe's Companies, Inc. 4000 Union Deposit Road Harrisburg, PA 17109 DATE: December 1, 2003 SWEENEY & SH~EHAN Dennis L. Plalt IN THE COURT OF COMMON PLEAS OF CUM:BERLAND COUNTY, PENNSYLVANLA CIVIL DIVISION JOHN CHEST, Plaintiff, vs. ) ) AMERICAN HONDA COMPANY, ) LOWE'S COMPANIES, INC.,and BRIGGS ) & STRATTON, ) ) Defendants. ) ) ) ) ) No. 03-529l Civil PRAECIPE FOR RULE TO FILE COMPLAINT TO: Curtis R. Long, Prothonotary Kindly issue a Rule compelling the plaintiff, John Chest, to file a Complaint in the above- captioned action within twenty (20) days. Respectfully submitted, PIETRAGALLO, BOSICK & GORDON Clem C. Trischler, Esqmre Patrick J. Doheny, Esquire The T_hirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 (412) 263-2000 Attorneys for Defendant, American Honda Motor Co., Inc. RULE And Now, this 3rd day of November, 2003, Rule is issued in accordance with above Praecipe. Curtis R. Long, Prothonotary Deputy Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN CHEST, Plaintiff, VS. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON, Defendants. ) ) ) ) ) No. 03-5291 Civil ) ) ) ) ) ) PRAECIPE FOR RULE TO FILE COMPLAINT TO: Curtis R. Long, Prothonotary Kindly issue a Rule compelling the plaintiff, John Chest, to file a Complaint in the above- captioned action xvithin twenty (20) days. Respectfully submitted, PIETRAGALLO, BOSICK & GORDON By: t.,~'~ ~ ]J~J~l[~.~.~,~.~ Clem C. Trischler, Esquire Patrick J. Doheny, Esquire The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 (412) 263-2000 Attomeys for Defendant, American Honda Motor Co., Inc. CERTIFICATE OF SERVICE I, Clem C. Trischler, Esquire, do hereby certify that a true and correct copy of the within PRAECIPE FOR RULE TO FILE COMPLAINT has been served on all counsel of record listed below by U.S. first class mail, postage prepaid, this '~ day of ~'"D r~-V'D ~ C__P_- , 2003: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Counsel for the Plaintiff Clem C. Trischler 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN CHEST, Plaintiff, VS. AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON, Defendants. ) ) ) ) ) No. 03-5291 Civil ) ) ) ) ) ) PRAECIPE FOR APPEARANCE TO: Curtis R. Long, Prothonotary Kindly enter the appearance of Pietragallo, Bosick & Gordon, Clem C. Trischler, Esquire, and Patrick J. Doheny, Esquire, on behalf of the defendant, American Honda Motor Co., Inc., in the above-captioned action. A JURY TRIAL IS DEMANDED. Respectfully submitted, PIETRAGALLO, BOS1CK & GORDON Clem C. Tfischler, Esquire Palfick J. Doheny, Esquire The Thi~y-Eighth Floor One Oxford Center Pittsbur~, PA 15219 (412) 263-2000 Attorneys for Defendant, American Honda Motor Co., Inc. CERTIFICATE OF SERVICE I, Clem C. Trischler, Esquire, do hereby certify that a tree and correct copy of the within PRAECIPE FOR APPEARANCE has been served on all counsel of record listed below by U.S. first class mail, postage prepaid, this ---3'" day of ci~---'-F~-3 g~ g__P-__ 2003: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Hamsburg, PA 17102-3324 Counsel for the Plaintiff Clem C. Trischler IN THE COURT OF COMTvlON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN CHEST, Plaiutiff, AMERICAN HONDA COMPANY, LOWE'S COMPANIES, INC., and BRIGGS & STRATTON, Defendants. ) ) ) ) ) No. 03-5291 Civil ) ) ) ) ) ) Dated: January 29, 2004 The undersigned, in his capacity as counsel for Lowe's Companies, Inc. and Briggs & Swatton, defendants herein, hereby consents to the removal of the civil action styled John Chest vs. American t¥onda Company, Lowe's Companies, Inc. and Briggs & Stratton, No. 03-5291, in the Court of Conunon Pleas of Cumberland County, Pennsylvania, to the United States District Court for the Middle District of Pennsylvauia. 19th Floor - 1515 Market Street Philadelphia, PA 19102-1983 (215) 563-9811 CERTIFICATE OF SERVICE I, Clem C. Trischler, Esquire, do hereby certify that a true and correct copy of the within NOTICE OF REMOVAL has been served on all counsel of record listed below by U.S. first class mail, postage prepaid, this DC-) day of January, 2004: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Counsel for the Plaintiff Dennis L. Platt, Esquire Sweeney & Sheehan 19th Floor- 1515 Market Street Philadelphia, PA 19102-1983 Counsel for Defendants, Lowe's Companies, Inc. and Briggs & Stratton Clem C. Trischler CERTIFICATE OF SERVICE, I, Clem C. Trischler, Esquire, do hereby certify that a true and correct copy of the within NOTICE OF FILING OF NOTICE OF REMOVAL has been served on all counsel of record listed below by U.S. first class mail, postage prepmd, this~ day of January, 2004: Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Counsel for the Plaintiff Dennis L. Platt, Esquire Sweeney & Sheehan 19th Floor- 1515 Market Street Philadelphia, PA 19102-1983 Counsel for Loew's Companies, Inc. and Briggs & Stratton Clem C. Trischler