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Home My WebLink About01-2882 -'- Cl~ristop ~r . ? ,~ ~ttotne~-at-l.a~ ~: 717-262-~25 29 ~ Main Strut, Suite A f~: 717-262-~ Chambersburg. PA 17201 COMMONWE.,~I-,Ttl OF PENNSYLVANIA COURT OF COMMON PLEAS -- CI!MBERLAND COIINTY No. _0.1 · _-3~.H IC, c_~.~ CIVIL ACTION - LAW Plainti IT: L)eibndant: Robert J. Kater .~erican Red ('ross I 1(183 Morgan Drive (}reater Allegheny Region Shippensburg. PA 17257 : 307 ¥ine Sreet : .Iohnstown. PA 15907 : . De i"elldalll: American Red ('ross 430 17d' Street Washington, D.C. 20006 : PRAI'.'CII'q:. FOR WRIT OF SUMMONS To the Prothonotary of ~fid Court: Please issue a writ of sunlnlons in the above captioned action. - - ~l~istopher~. S~e~ld, Egl. 29 Sou~ Main St~. Suite A C~m~urg, PA 17201 Phone (7171 262-0025 F~ (.7171 262-0079 I.D. No. 82548 II II IIIIIIIIII1,11111111111111111111 Ililllllll COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS -- CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff: : Defendant: Robert J. Kater : American Red Cross I ! 083 Morgan Drive : Greater Allegheny Region Shippensburg, PA 17257 : 307 Vine Sreet : Jolmstown, PA 15907 : : : Defendant: : American Red Cross : 430 17th Street : Washington, D.C. 20006 : To the above named Defendants: You are hereby notified that Robert J. Kater has commenced an action against you. THOMAS, THOMAS & HAFER, LLP Attomeys for Defendant Jeffi'ey B. Rettig, Esquire Amedcan Red Cross Identification Number: 19616 Greater Allegheny Region 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7639 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ROBERT J. KATER Plaintiff NO. 01-02882 V. AMERICAN RED CROSS, et al. Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for Defendant Amedcan Red Cross Greater Allegheny Region in the above-captioned case. THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 255-7639 Dated: ~//2../0 / THOMAS, THOMAS & HAFER, LLP Attorneys for Defendant Jeffrey B. Rettig, Esquire American National Red Identification Number: 19616 Cross 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7639 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ROSF_t~/J. KATER : : : .- Plaintiff : NO. 01-02882 : V. · : AMERICAN RED CROSS : : : Defendant · ENTRY OF APPEARANn;= TO THE PROTHONOTARY: Please enter my appearance for Defendant American National Red Cross, erroneously referred to as American Red Cross in the above-captioned case. THOMAS, THOMAS & HAFER, LLP i' ~ --" ,I · Jeff' , B. Rettig, E~i~luire I.D. Imber. 1961EJ 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 255-7639 Dated: SHERIFF'S RETUR/g - OUT OF COUNTY CASE NO: 2001-02882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KATER ROBERT J VS AMERICAN RED CROSS ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: AMERICAN RED CROSS but was unable to locat~ T~em in his bailiwick. He therefore deputized the sheriff of CAMBRIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 26th , 2001 , this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: ~~/ Docketing 18.00 Out of County 9.00 Surcharge 10.00 ~.( ~.~ zoo -- ~- Dep Cambria Co 38.25 '~ff of Cumberland County .00 75.25 06/26/2001 CHRISTOPHER SHEFFIELD Sworn and subscribed to before me this g~ day of~ ~ · ! ~3 / A.D. ' ' Prothonot'az~ In The Court of Common Pleas of Cumberland County, Pennsylvania Robert J. gater VS. American Red Cross Greater Allegheny Region No. 2001 2882 civil Now, May 24, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Cambria Coullty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, Jt~. ~'- ,200/ ,at ,/3:tY]o'clock ~.' M. servedthe with~. upon ~, 3~ ~1,~ ~'~._.. To~ ~.~ ~ ,~o7 byh~dingto b~nl~( ~,~5~ recep&~,s~ a ~'r~ ~d made ~o~ to ~ the contents ~creof. ~0 ~SW~ Sh~ffof CO~, PA COSTS Sworn ~d subs~bed before SER~CE $ me ~s ~/~y of ~ , 20 D/ ~LEAGE THOMAS, THOMAS & HAFER, LLP Attorneys for Defendant Jeffrey B. Rettig, Esquire Identification Number: 19616 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 7'171255-7639 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CIVIL DIVISION - LAW ROBERT J. KATER Civil Action No. 01-2882 Plaintiff VS. AMERICAN RED CROSS, NOTICE OF REMOVAL, Greater Allegheny Region CONDITIONAL REQUEST FOR BRIEFING AND HEARING INCLUDE and AMERICAN RED CROSS Washington, D.C. Defendant, The American National Red Cross, erroneously referred to as The American Red Cross, for its Notice of Removal states: 1. This state court action is removable under a specific grant of federal jurisdiction in the Red Cross' charter which provides that the Red Cress shall have the 'power to sue and be sued in courts of law and equity, state or federal.' 36 U.S.C. § 2. 2. In The American Nat'l Red Cross v. S.G., 505 U.S. 247, 112 S.Ct. 2465, 120 LEd. 2d 201 (1992), the United States Supreme Court held that the Red Cross charter's "sue and be sued" provision "confers original federal court jurisdiction." 112 S.Ct. at 2466. 3. In S.G. the United States Supreme Court construed the 'sue-and-be-sued' provision of the Red Cross charter as conferring Uoriginal jurisdiction of federal courts over all cases to which the Red Cross is a party, with the consequence that the ~ authorized to removal from state to federal court of any &~&~=-Iaw action it is de~'=f,din~j.' 112 S.Ct. at 2467 (emphasis added). 4. This notice is being filed within thirty days after the service on the Red Cross of a copy of the Writ of Summons in Robert J. Kater, Plaintiff v. American Red Cross Greater Allegheny Region, et al; No. 01-2882 Civil term, Cumberland County Court of Common Pleas. The notice is being filed pursuant to 28 U.S.C. §1446(b), which provides for removal within Uthirty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable." 5. Copies of all process and pleadings served on Defendants are attached as Exhibit HA", as required by 28 U.S.C. §1446(a); and by this reference ara incorporated as part of the Notice of Removal. 6. The Co-Defendant, also represented by undersigned counsel, has consented to and joins in requesting the removal of this case. 7. Although consent is not necessa~, Plaintiff consents to the removal of this case, as evidenced by his counsel's signature on the Joinder In and Consent to Removal attached hereto as Exhibit "B" 8. The United States District Court for the Middle District of Pennsylvania is the District Court having jurisdiction over the place where the state court action is pending. 9. A copy of the Notice of Removal has been filed with the Prothonota~j of the Cumberland County Court of Common Pleas and wdtten notice of the filing of the Notice of Removal will be given to the Plaintiff, beth as required by 28 U.S.C. § 1446 (d). VVHEREFORE, The American National Red Cross prays that the above-described action pending against it in the State Court be removed to this Court. Respectfully submitted, THOMAS, THOMAS & HAl:ER, LLP c(~MMONWEAL'I'H OF pENNSYLVANIA COi~R'F OF COMMON PLEAS ~ Cu~v/~E~.~A.~'~ ..-..v--~TY C1VIL A~IION -~W Ro~ J. Kumr : ~c~ ~d 110X~ M,,q~n Drive : G~ter Allegheny Shippcn~b~rE. I'A 172~7 : 307 Vine : Johnston, PA 15907 Tn th~ above ~mzd De~end~: : ..... ' ..... :'... rot~nom~, Cum~d Deputy I' RUE COPY FROM RECORD~ . ,n Teslimany wnm'm/. I hm'~ une, o sd'my hafla ........ T.u.,~,,~e ~ i~,~1:1:~ LLP A~r~eys for Jeffrey S. Rettig. Esquire Idan~ficafi=n Number:. 19618 ;;OS N,~rth Front Street P.O. BOx 999 Harfleburg, PA 17106-0699 717/25E-TS39 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CIVIL DIVISION- LAW ROBERT J. KATER Civil Action: 01-02982 Plaintiff AMERICAN RED CROSS. et el. · IOINDER IN CONSENT TO REMOVAL ; AND NOW ;ames the Plaint;ff. Rat;ed J. Kater. by his attam,,y, Christopher Sheffield. Esquire and hereby joins In and consents to the removal of this action to the United States District Court for the Middle Dlst~ct of Pennsylvania. 34366.1 CERTIFICATE OF SERVICE I, a~-~-~-~EY B. Roi I~G, ESQUIRE, hereby certify that I have sewed a true and correct copies of the foregoing document on the followin~ persons by placing same in the United States mail, postage prepaid, on the ~'2-- of June, 200'1~: Christopher Sheffield,, Esquire 29 S. Main Street. Suite A Chambersburg, PA 17201 THOMAS, THOMAS & HAFER, LLP J~y B. Rettig, Esqujl~