Case 1:05-cv-00428-JJF Document 1 Filed 06/24/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
: Civil Action No.
HARLEYSVILLE INSURANCE CO.,
NOTICE OF REMOVAL
TO THE CHIEF JUDGE AND JUDGES AND CLERK OF THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF DELAWARE
Please take notice that Defendant Harleysville Mutual Insurance Company,
(hereinafter "Harleysville") incorrectly identified in the Complaint as Harleysville Insurance
Company, removes this action pursuant to 28 U.S.C. §l44l and §l446, and in support of the
removal, states as follows:
l. Plaintiff Layne Drexel ("Drexel") brought this action against Harleysville
in the Superior Court of Delaware in and for New Castle County, by filing a Complaint on or
about May 9, 2005. This lawsuit was assigned the case number C.A. No. 05C-05-80 CLS. A
true and correct copy of the Complaint and related docrmients is attached hereto as Exhibit "A."
2. Pursuant to 18 Del. C. § 525, Drexel served the complaint on the Delaware
Insurance Commissioner on May 24, 2005. On or about May 27, 2005, the Delaware Insurance
Commissioner sent the Complaint to Harleysville via certified mail.
3. The Complaint constitutes all process, pleadings and orders received by
Harleysville in this action.
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4. The basis for removal is diversity of citizenship. Pursuant to 28 U.S.C. §
1332(a)(1), United States District Courts have jurisdiction over all civil actions where the matter
in controversy exceeds $75,000, exclusive of interests and costs, and is between citizens of
5. Upon information and belief, Drexel is an adult resident of the State of
Delaware, residing at 1910 Old Capitol Trial in Newark, Delaware.
6. Harleysville Mutual Insurance Company was, at the time this action was
commenced, and is, a corporation organized and existing under the laws of the State of
Pennsylvania, with its principal place of business in Harleysville, Pemisylvania. Accordingly,
under 28 U.S.C. § 1332(c)(1), Harleysville is a citizen of Pennsylvania.
7. According to the Complaint, Drexel seeks to recover compensatory
damages in excess of $53,675.20. Drexel also purports to state causes of action for bad faith
breach of contract and promissory estoppel and seeks to recover punitive damages and attorneys’
8. In light of the allegations in the Complaint and Drexel’s demand for
compensatory damages, punitive damages, as well as attomeys’ fees, the amount in controversy
9. Moreover, complete diversity of citizenship exists between Drexel, a
Delaware citizen, and Harleysville, a Pennsylvania citizen.
10. This present lawsuit is removable from the State Court to the United States
District Court for the District of Delaware pursuant to 28 U.S.C. § l332(a)(l) and § l441(a).
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Case 1:05-cv-00428-JJF Document 1 Filed 06/24/2005 Page 3 of 3
11. This Notice is timely, it being filed within thirty (30) days of
Harleysville’s receipt of a copy of the Complaint setting forth the claims for relief upon which
the action is based as provided under 28 U.S.C. § l446(b).
12. Harleysville will give written notice of the tiling of this Notice of
Removal to the plaintiff and to the Clerk of the Superior Court of the State of Delaware in and
for New Castle County as required by 28 U.S.C. § 1446(d).
WHEREFORE, Defendant Harleysville, having met all of the requirements for
removal under 28 U.S.C. §§ 1441 and 1446, including all jurisdictional requirements established
by 28 U.S.C. § 1332, requests that the above-captioned action proceed in this Court.
BALLARD SPAHR ANDREWS &
William . , sqluire (I.D. No. 3961)
919 N. Market Street, 12 Floor
Wilmington, DE 19801-3034
Attorney for Defendant,
Harleysville Mutual Insurance Company
Dated: Q 7/ Dia/5, O 5,
John C. Grugan, Esquire
Kelly L. Gibson, Esquire
Ballard Spahr Andrews & Ingersoll, LLP
1735 Market Street, 515* Floor
Philadelphia, PA 19103-7599
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