Free Notice of Removal - District Court of Delaware - Delaware

Case 1:05-cv-00326-KAJ Document 1 Filed 05/25/2005 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
------———— ·- ——————————------------- X
Roger Keith, Co-Executor
To the Estate of
Ernest V. Keith,
Plaintiff
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Gregory A. Sioris, Esquire, ?
i
And M a t .
Henry A. Heiman, Esquire, _J
And
Heiman, Aber, Goldsmith & Baker,
Defendants.
—--------------———--———————-—-———— X
asm §A6
NOTICE OF REMOVAL
TO THE UNITED STATES DISTRICT COURT OF THE DISTRICT OF DELAWARE:
1. I, Gregory A. Sioris, of 350 Fifth Avenue, Suite 7606, New
York, NY l01lS—7606, have been named as a defendant in the above
civil suit brought by complaint filed in the Superior Court of New
Castle County, Delaware. The complaint has no date on it.
Pursuant to the provisions of §§l44l and 1446 of Title 28 of the
United States Code, the undersigned defendant moves to remove this
action to the United States District Court for the District of
Delaware.
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· Case 1:05-cv-00326-KAJ Document 1 Filed 05/25/2005 Page 2 of 4
2. The grounds for removal are: On April 26, 2005 I received by
mail a copy of a purported amended complaint and an answer at my
office, which complaint appears to have been filed by the
plaintiff in the Superior Court of New Castle County, Wilmington,
under index number 05C—O2—272—CLS. A copy of the complaint and
answer that I receive is annexed as exhibit 1.
3. There is complete diversity of citizenship between the
plaintiff and the undersigned defendant, because the plaintiff
decedent’s estate is domiciled in the State of Delaware. The co—
executor Roger Keith, claims in the complaint that his address is
care of his legal counsel in Pennsylvania.
4. I am a citizen and domiciliary of the State of New York, where
I reside and do business as a lawyer.
5. The other defendants Henry A. Heiman, Esq., and Heiman, Aber,
Goldlust & Baker are, upon information and belief, citizens of
Delaware where Mr. Heiman maintains a law office in Wilmington,
and where the law offices of Mr. Heiman’s firm, Heiman, Aber,
Goldlust & Baker were.
6. The Court would have original subject matter jurisdiction of
this action against the undersigned defendant under the provision
of 28 U.S.C. §l332, had the matter originally been filed in the
federal court, since the complaint alleges that the amount in
controversy exceeds $75,000.00 exclusive of costs and interest.
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· Case 1:05-cv-00326-KAJ Document 1 Filed 05/25/2005 Page 3 of 4
Removal is thus proper as regards the undersigned defendant under
28 U.S.C. §144l(a).
7. This Notice of Removal is timely under 28 U.S.C. §l446(b)
because the plaintiff's amended complaint was received by me on
April 26, 2005, and this Notice of Removal is filed within 30 days
of the receipt of the plaintiff's complaint.
8. All state court papers served on the undersigned defendant at
this time consist of the amended complaint and answer as attached
as exhibit l.
Based on the foregoing, the undersigned defendant seeks
removal of the plaintiff's suit as concerns him.
I declare under penalty of perjury that the foregoing is true
and correct. Dated New York, NY, May 23, 2005.
N i
l ` a * \
1 ·¤ i= — A
Gregor A. mioris_€“
Defendant
350 Fifth Avenue, Suite 7606
New York, NY 10118-7606
(212)840—2644
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— Case 1:05-cv-00326-KAJ Document 1 Filed 05/25/2005 Page 4 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
---——----— — ----——-----— — --—--——-———---— - ·- —--- X
ROGER KEITH, Co- Executor of the :
Estate of Ernest V. Keith, :
piaintlff, Z
v. :
GREGORY A. SIORIS, ESQUIRE, Q
et. al., :
Defendants. Q
-·-—--—— - - - -· ·- —----— -·- -—---————-—-—— - — —----— - -·- ·-X
CERTIFICATE OF SERVICE
I, Gregory A. Sioris, on May 23, 2005, forwarded a copy of the
herein Notice of Removal and its exhibits to the following parties in
the manner as described above their names.
* x
Dated: New York, NY l —
May 23, 2005 regor A. Sioris
Defend n Pro Se
350 Fifth Avenue, #7606
New York, NY 10118—7606
(212)840—2644
Via First Class Mail
Kevin William Gibson, Esq.
Attorney for Plaintiff
Gibson & Perkins, P.C.
200 East State Street, Suite 105
Media, PA 19063
Via First Class Mail
John A. Elzufon, Esq.
Elzufon Austin et. al.
Attorney for Defendants
Heiman, et. al,
300 Delaware Avenue, Suite 1700
Wilmington, DE 19899-1630
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