HomeMy WebLinkAbout06-0712
ROSS E. STARNER and
BONNIE L. STARNER,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
2006- 7/';;" CIVIL TERM
CHEVROLET MOTORS DIVISION
GENERAL MOTORS CORPORATION,
Defendant
PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS
TO CURTIS R LONG, PROTHONOTARY:
Please issue a Writ of Summons against the defendant, Chevrolet Motors Divison-General Motors
Corporation, and enter my appearance on behalf of the plaintiffs, Ross E. Starner and Bonnie L. Starner. Please
direct the Sheriff to serve the defendant as follows:
General Motors Corporation
100 Renaissance Center
P. O. Box 100
Detroit, MI 48265-1000
Respeclfully submitted,
IRWIN & McKNIGHT
By: /
February 3,2006
To: CHEVROLET MOTORS DIVISION - GENERAL MOTORS CORPORATION
You are hereby notified that Ross E. Starner and Bonnie L. Starner, plaintiffs, have commenced an
action against you which you are required to defend or a default judgment may be entered against you.
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DEPUTY
Date:j,LuA'7~j ,2006
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ROSS E. STARNER and
BONNIE L. STARNER,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
2006 - 712 CIVIL TERM
GENERAL MOTORS CORPORATION,
Defendant
CIVIL ACTION - LAW
PRAECIPE TO REISSUE THE
WRIT OF SUMMONS
To the Prothonotary:
Please reinstate the Writ of Summons and serve the defendant as follows:
General Motors Corporation
100 Renaissance Center
P. O. Box 100
Detroit, MI 48265-1000
Respectfully Submitted:
Marc . Mc
Attorn y for Pial
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 2~3-2353
Supreme Court 1. D. #25476
By:
Date: March 30, 2006
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ROSS E. STARNER and
BONNIE L. STARNER,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
2006 - 712 CIVIL TERM
CHEVROLET MOTOR DIVISION
GENERAL MOTORS CORPORATION,
Defendant
CIVIL ACTION - LAW
PRAECIPE TO AMEND CAPTION
To Cnrtis R. Long, Prothonotary:
Please amend the Defendant, Chevrolet Motor Division, General Motors Corporation in
the above caption as follows:
General Motors Corporation, Defendant
Respectfully submitted,
IRWIN & McKNIGHT
By:
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Date March 30, 2006
ROSS E. STARNER and
BONNIE L. STARNER,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
2006 - 712 CIVIL TERM
GENERAL MOTORS CORPORATION,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
George J. Lavin, III, Esq.
General Motors Corporation
Lavin, O'Neil, Ricci, Decrone & Disipio
190 North Independence Mall West, Ste 500
6th and Race Streets
Philadelphia, PA 19106
IRWIN & McKNIGHT
By: Marcu A. Mc . t, III, Esquire
60 West Pomfret Street
Carlisle, P A 17013
(717) 249-2353
Supreme Court J.D. No. 25476
Date: March 30, 2006
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LA VIN, O'NEIL, RICCI, CEDRONE & DiSiPIO
BY: George J. Lavin, Ill, Esquire
Identification No. 70922
190 North Independence Mall West
Suite 500
6th & Race Streets
Philadelphia, PA 19106
(215) 627-0303
Attorneys for Defendant
General Motors Corporation
(Incorrectly captioned as Chevrolet Motors
Division General Motors Corporation)
ROSS E. STARNER and
BONNIE L. STARNER
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NO. 2006-712
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL ACTION - LAW
CHEVROLET MOTORS DIVISION
GENERAL MOTORS CORPORATION
PRAECIPE TO FILE COMPLAINT
Kindly enter a Rule upon Plaintiffs to file a Complaint within twenty (20) days or
suffer the entry ofa Judgment of Non Pros.
LAVIN, O'NEIL~RICC1, C~&YISIPIO .
BY: EE/? (U0L
GEORGE J. A IN, III, ESQUIRE
Counsel for De endant,
General Motors Corporation
(incorrectly captioned as Chevrolet Motor
Division General Motors Corporation)
DATED: March 27, 2006
RULE TO FILE COMPLAINT
AND NOW, this ]o+\iay of ~ ' 2006, a Rule is hereby granted
upon plaintiffs to file a Complaint within twenty (20) days after service hereof or suffer
the entry ofa Judgment of Non Pros.
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CERTIFICATE OF SERVICE
I, George J. Lavin, III, Esquire, hereby certify that a true, correct and complete copy of
the Praecipe to File Complaint on behalf of defendant, General Motors Corporation, (incorrectly
captioned as Chevrolet Motors Division General Motors Corporation), was served upon all
counsel listed below via U.S. First Class Mail on the flfiy of March, 2006, as follows:
Marcus A. McKnight, Esquire
Irwin & McKnight
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, P A 17013-3222
LA VIN, O'NEIL, RICCI~E & DISI~'Q ,. ')
By C~o Jt.v~rJf
GEaR LAVIN, III, ES ,
Counsel for Defendant,
General Motors Corporation
(Incorrectly captioned as Chevrolet Motor
Division General Motors Corporation)
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LAVIN, O'NEIL, RICCI, CEDRONE & DiSiPIO
BY: George J. Lavin, III, Esquire
Identification No. 70922
190 North Independence Mall West
Suite 500
6th & Race Streets
Philadelphia, PA 19106
(215) 627-0303
Attorneys for Defendant
General Motors Corporation
(Incorrectly captioned as Chevrolet Motors
Division General Motors Corporation)
ROSS E. STARNER and
BONNIE L. STARNER
v.
CHEVROLET MOTORS DIVISION
GENERAL MOTORS CORPORATION
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CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL ACTION - LAW
NO. 2006-712
ENTRY OF APPEARANCE AND JURY TRIAL DEMANDED
TO THE OFFICE OF THE PROTHONOTARY:
Be advised that we enter our appearance as counsel for defendants, General
Motors Corporation (incorrectly captioned as Chevrolet Motor Division General Motors
Corporation), in the above captioned matter.
A jury trial consisting of a panel of twelve (12) jurors is hereby requested.
LAVIN, O'NEIL, RICCI, C~ & DISIPI0 ----.,
BY~ )~J~
RGE J' VIN, III, ESQUIRE
Counsel for efendant,
General Motors Corporation
(incorrectly captioned as Chevrolet Motor
Division General Motors Corporation)
DATED: March 27, 2006
...
CERTIFICATE OF SERVICE
1, George J. Lavin, III, Esquire, hereby certify that a true, correct and complete copy of
the Entry of Appearance and Jury Trial Demand on behalf of defendant, General Motors
Corporation, (incorrectly captioned as Chevrolet Motors Division General Motors Corporation),
was served upon all counsel listed below via U.S. First Class Mail on the ray of March,
2006, upon the following:
Marcus A. McKnight, Esquire
Irwin & McKnight
West Pomfret Professional Building
60 West Pomfrel Street
Carlisle, P A 17013-3222
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ROSS E. STARNER and : IN THE COURT OF COMMON PLEAS OF
BONNIE L. STARNER,
Plaintiffs : CUMBERLAND COUNTY, PENNSYL VANIA
v. 2006 - 712 CIVIL TERM
GENERAL MOTORS CORPORATION, CIVIL ACTION - LAW
Defendant
NOTICE TO DEFEND
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, order and
notice are 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 you and a judgment may be entered against
you by the court without further money claimed in the 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 Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
2
ROSS E. STARNER and : IN THE COURT OF COMMON PLEAS OF
BONNIE L. STARNER,
Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
v. 2006 - 712 CIVIL TERM
GENERAL MOTORS CORPORATION, CIVIL ACTION - LAW
Defendant
COMPLAINT
AND NOW, this 17th day of May 2006 comes the Plaintiff, ROSS E. STARNER and
BONNIE L. STARNER, his wife, by their attorneys, Irwin & McKnight, and makes the
following Complaint against the defendant, GENERAL MOTORS CORPORATION:
1.
The Plaintiffs are Ross E. Starner and Bonnie L. Starner, his wife, of 815 Torway Road,
Gardners, Cumberland County, Pennsylvania 17324.
2.
The Defendant, General Motors Corporation, is an Corporation with an address of 100
Renaissance Center, P. O. Box 100, Detroit, Michigan 48265-1000.
3.
The Plaintiff, Ross E. Starner, is the owner of 2000 Silverado Z 71 LT Chevrolet pick-up
truck with a Vehicle Identification Number of 1 GCEK19T5YE217870. The vehicle was
purchased new from Sunderland Chevrolet in Harrisburg, Pennsylvania.
4.
The vehicle set forth herein was manufactured by Defendant, General Motors
Corporation.
3
5.
Upon delivery to the Plaintiff, Ross E. Stamer, the 2000 Chevrolet Silverado had been
manufactured with a serious defect. In particular, the rear tailgate hangers were insufficient to
carry the load for which the vehicle was manufactured.
6.
The Plaintiff, Ross E. Stamer, is engaged in agricultural operations on his family fann
situate in South Middleton and Dickinson Township, Cumberland County, Pennsylvania.
7.
On April 8, 2004, the Plaintiff, Ross E. Stamer, received a delivery of a planter and
attachments deliver by Nor Penn Trucking.
8.
In order to assist the delivery driver, the Plaintiff, Ross E. Stamer, planned to use his
2000 Silverado pick-up truck with a heavy duty suspension, shocks and tires to transfer the
planter to another one of the Plaintiff's properties.
9.
The Plaintiff backed up the Silverado pick-up truck to the delivery truck in order to off
load the planter. A copy of the delivery slip is attached hereto and marked as Exhibit "A".
10.
The Plaintiff, Ross E. Stamer, was standing on the pick-up truck tailgate when it gave
way without warning. Both cables connecting the tailgate to the rear of the pick-up truck broke
throwing the Plaintiff between the vehicles and partially landed on the delivery truck.
4
11.
As a result of the fall, the Plaintiff, Ross E. Stamer, sustained injuries to his lower back
and neck. The Plaintiff sustained a pinched nerve and other damage to his neck and back.
12.
As a direct consequence of his accident, the Plaintiff, Ross E. Stamer, had surgery in
December 7, 2005, for his lower back and is scheduled for neck surgery in December 2006.
13.
The proximate cause of the Plaintiff's injuries was the defective tailgate supports
manufactured by the Defendants. This defect was the subject of a recall several weeks after the
Plaintiff suffered his injuries.
14.
The Plaintiff received a recall notice via mail on or about April 20, 2004, a copy of which
is attached hereto and marked as Exhibit "B".
15.
The Plaintiff has sustained loss of income, medical expenses, and will suffer further wage
loss and medical expenses as a result of the injuries he sustained in the accident.
16.
The Plaintiffhas sustained pain and suffering and will continue to suffer as a result of this
accident.
5
17.
The Plaintiff has suffered permanent injuries as a result of the accident.
18.
The wife of the Plaintiff, Bonnie L. Starner, has sustained the loss of society of her
husband as a result of the injuries he sustained from his injuries.
COUNT I
ROSS E. STARNER AND BONNIE L. STARNER v.
GENERAL MOTORS CORPORATION:
PRODUCT DEFECT ABSOLUTE LIABILITY
19.
The averments of fact contained in paragraphs one (1) through eighteen (18) of the
Complaint are incorporated by reference and are made a part of this Count.
20.
The tailgate support cables together with the tailgate were defective in that they were
insufficient to support the weight for which the truck was marketed by Defendant.
21.
The defect of the truck manufactured by the Defendant were the proximate cause of the
injuries sustained by the Plaintiff, Ross E. Stamer.
22.
The Defendant is absolutely liable for the hann and damage caused by its defective
manufacture of the tailgate and its support cables.
6
WHEREFORE, the Plaintiff, Ross E. Stamer and Bonnie L. Stamer, requests
compensatory and punitive damages from the Defendant, General Motors Corporation, in the
amount in excess of Fifty Thousand and no/IOO ($50,000.00) Dollars with interest as permitted
by law as well as legal fees and costs of this litigation.
COUNT II
ROSS E. STARNER AND BONNIE L. STARNER v.
GENERAL MOTORS CORPORATION:
NEGLIGENCE
23.
The averments of fact contained in paragraphs one (1) through twenty-two (22) of the
Complaint are incorporated by reference and are made a part of this Count.
24.
The tailgate and its support cables were negligently designed and manufactured by the
Defendant, General Motors Corporation, in that the tailgate support cables and its mounts were
not designed and manufactured to support the weight which a pickup truck should have been able
to support.
25.
The tailgate gave way without warning and was the proximate cause of the injuries
sustained by the Plaintiff, Ross E. Stamer.
26.
The Defendant, General Motors Corporation, knew or should have known that the design
and manufacture of the tailgate and its supports were insufficient to sustain the weight to which
normal activity would create.
7
27.
The design and manufacture of the tailgate and its support cables were so defective in that
the design and manufacture was done with reckless indifference to the interests of the Plaintiffs.
WHEREFORE, the Plaintiff, Ross E. Starner and Bonnie L. Starner, requests
compensatory and punitive damages from the Defendant, General Motors Corporation, in the
amount in excess of Fifty Thousand and nolI 00 ($50,000.00) Dollars with interest as permitted
by law as well as legal fees and costs of this litigation.
COUNT III
ROSS E. STARNER AND BONNIE L. STARNER v.
GENERAL MOTORS CORPORATION:
BREACH OF IMPLIED AND EXPRESS W ARRANTEES
28.
The averments of fact contained in paragraphs one (1) through twenty-seven (27) of the
Complaint are incorporated by reference and are made a part of this Count.
29.
The tailgate and support cables manufactured by the Defendant, General Motors
Corporation, violated the Express Warranty as well as the Implied Warranty of Merchantability.
The Defendant, General Motors Corporation, had warranted that this truck could be used for the
purposes to which the Plaintiff was using it when he was injured.
30.
The Defendant, General Motors Corporation, breach of the Express Warranty and the
Implied Warranty making the Defendant liable for the reasonable legal fees of the Plaintiff.
8
WHEREFORE, the Plaintiff, Ross E. Stamer and Bonnie L. Stamer, requests
compensatory and punitive damages from the Defendant, General Motors Corporation, in the
amount in excess of Fifty Thousand and no/I 00 ($50,000.00) Dollars with interest as permitted
by law as well as legal fees and costs of this litigation.
Respectfully submitted,
By:
Date: May 17, 2006
9
EXHIBIT" A"
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P.O. BOX &30
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i: HOLLAND MI
03930099
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49432
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PLANTER & ATTACHMENTS .
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* )))))) DRIVER INSTRUCTIONS ((((((( *
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COLLECT CASH OR COHPAHY CHECK MADE OUT
TO NPME FOR '107.92 '
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':iTRA1C:HT BilL OF lADING-SHORT FORM-Original-Not Negotiable.
Shipper's No.
ALVAN MOT()F FREIGHT
4/05/04
Carrier
Corrier's No.
RECEIVED. .",bj.ct to the c1a..ific...tiont and lo,iH" in .H.d on the dot. of the i'..... of 'hit Bill of Ladin,.
at_~olland, Michigan 49423
!he pr')pe,t~ de\,.,l>eoJ ~'O" .,. 'lppo,O!n, \lOad ,,'.]O!' e.(t~! C)l n...'f'd <.",'t""'1 'H'O 'Qn.J,I'on ~r ,,,,.111'"'\ 01 pot.og.... un~no..nl. mU'~e,j 'V""9nPd Ol",j de,'.ned 0\ ,nd,e.ole.d b..:o.... ....n.eh Kl"; (o'r~' I'he "'oH1 ,arr,f!" ~'nq unrWH'l)urllh,uughoullh" ,on",,(' <Jl
......0.."'90'" pe'\,OI'I at C.O'PoOrOloan ,ot pOHf!U,O" 01 ,he .,'ope"y ,~nde' '''e (un'"", "~'e... '<l ':(J"r '" '. "....01 P+O(O! "I del..O!;, 0' IOld d",I,not,e.n. f on ,1\ ,..,,'e O'''.,.'....lt '0 del,.e, 1<) onOlh!!'. '-<Jr.'It' on 'he 'n'j'e 10 ".,d d,."...ut.on 11 'I "''''uoll, ng,eed ".
la eo<;:h <..Q'f'~r ot <J.I Of on, 01 IQ'O prope.') Q"~' a.i <:.lr on, porr "''' 01 \oL),d 'QuIp '0 <J~~' "0"0" <.l"d 01 '1.) ea<:l'> PO,,) ':>' <.In, I,m.. .nl~'~~If:d ,,, 011 v' <.Iny at \(l,d P'ope"Y, 'ho! ~"'~f'" Ie''''.... 10 /:I.. P'l",lormf:<1 h"'f:unde' sholl bf: SUOIO!'CI 10 "II thl! Ie',", nnd (OMIt'onl
01 lhf' un,IO"" :;I""",,,,..c Suo,~hl 8.11 01 u,d'''9..e1 f<)rl" ,.1 ,n Undor," f'e,',}'" C'o\>,>"ol,<.>.,.r pH~r on 't-e <jUI" he.,,(,j ,I,i'l,s I a 'od a. (] "1,l._olel ~"'pmpnl or :J: ,n li'l.. ,]ppIICQbll! moro, cor"", (1(1I\,f'fOl,on 0' "",If ,/ rh,s ,I" molO' (ou,et' ,".pm..'
Sn'ppet l'tereb1 ee,l,tle, 'hol I'\e " fom.l.or ....'11'\ o,j Ihe 'e,m, and {o"'di"an~ of the ~o,d b.11 "I lad.ng. ,neluding tha~ on the bock 'tlefeul sel farlk In Ihe (Iou.heolio" or 'orlff ....I'.,eh qo..e,n\ the Iran1portollon of Ih" ,hIp
men I and rhe \.O.d lerrTIl and ,"Ond.l.ani ore hereby agreed 10 by the sh'pper llnd o({epl~d tor l'um,el. and h,\ 0"'9'"
19_ from
MECHANICAL TRANSPLANTER COMPANY
Consigned to
Ross E. Starner
815 Tonvay Rd.
Destinotion
Gardens,
(Mail or ,tr..t addreu of con,ign..-For purpo'." of notification only,)
State
PA
Zip Code
17324
County
Delivery Address *
(* To be filled in only ......hen ~hlpper deme1. and governing lorlfh prOVIde for delivery thereat)
Route
Delivering Carrier
Car or Vehicle Initials
No,
No
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(,nd 01 Pcxil,oge o.~(f'PI'Qn 0' "rhein, Speco....t Marlol. and E.lII;eptton,
'We,gh'
(Sub 10 Cor)
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or 1101.
CheclF.
C,;,lumn
Suble(llo Slrl:I"," , of Cond.t,o", of oppl.cable
b,ll 01 lad,ng. .1 11'1., .I'.'pm,n' .. 10 be rl.I,.....d 10
Ih, 1:;0""':In1e ""'''ou' 'I<:Ou". on Ihe (on'tl"nol. Ih,
COnl/gnor sholl "91'1 the follow,"V 110le"'enl
The (0"'" ,hall nol mc.,.. d"I...e,y 01 'h'I ,h,p
me..' _.Ihoul ,",oyn'en' 01 'I"yh. and 011 ott.e, IQ_Iul
ho'gel
Transplanters, KD NOBlN, other than hand - #10360
1
Skid 22 Planter & Attachments
1 TOTAL PC.
330*
"COLLECT"
(S'9nolut. 01 (0""9"'" )
If (I\O'9e1 OHI 10 be p"pold, ....!lI. o. ,lamp
he,e fo 8. Prepoid"
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i;"~e(A) S&JlS c!n<;;~idS ~~'!f ~~~antlling (A+8) SLC
let!!'. ....d 1; 10 apply 'n
prepayment of Ihe charge, on Ihe pro~,t., detcrib.d
hereon
-:f the \h'pm.enl move" bet-een '....0 porh by 0: corrler by "'oler. the low requl'e~ tho' the bdl 01
., IS . corrq~r S or shipper's welght.'.
NOTE . Nhe'e 'he rote ;!. dependent on ..alue \nlpper\ are requIred ~o .:cl~ 'lper,f,{ '.,j:ly .n ....r..1I'19 the '.l~(!;,eJ or de<:lared
..alue 01 the pi .:>perly
Th. ag,eed or declared value of the property il hereby specifically ltated by the ,hipper f", b. not exceeding
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" ~he l,ore OOJ.e\ u~~d for Ih,s shipm_enr COr'lrorm ro the,~pec,f;COljon~ >et torln In ~h~ 00. 'Tl1.J..~r~ .:::er~lf;cale ll,ereon ~"d
ad other reQul~ements of UnIform Frelghl Classlflcahon
~5""pper s ,mprrl"1 'n lieu of lolemp: not 0 port of bill of iadll"g appro\ted b... the In'ef~I(Jte COrrl"'lerCe Comml~!olon
PO'
Ifne IIgnQIUfe fle.e o<:kno..t.dg., only tfl. omounl
wepold .
Charge, "d..onced
MECHANICAL TRANSPLANTER CO.
Shipper Per
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Agent, Per
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MECHANICAL TRANSPLANTER COMPANY
1150 CENTRAL AVE.
HOLLAND. MICHIGAN 49423
. PHONE (616) 396-8738 .
FAX (616)396-3619
iNVOICE
INVOICE
PAGE
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SOLD TO
SHIP TO
INVOICE DATE
U4/0b/04
CUSTOMER
9'J9999
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81S fOF:WAY RO.
GARDNERS. PA 1/324
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CUSTOMER P.O. NUMBIER I.~'~PED VIA ShippinG Dote I ORDER I ORDKR DATE I Pili,IF: Number
"TARNEr;' i [ 0/1.05.0'; j(,j '."1 o:~ .2') .Oi: ( 7J;' ) 1[8(')' 7(:.33
\ QUANTITY PART NUMBER DESCRIPTION OPTION LIST PRICE AMOUNT
ORDERED CODE
l ')', PLANTING UNIl ONLY (.J7~) ')0 972,00
LL
I 10 V-"O, POCKET:; ON CHAIN !)O~(, ,00 .00
ROUND POINT SHOES (1'.:;(:10 1')1) ,00
IHDE PLANT BOXES 0<\00 .00 .00
FIBERGLA~,S SEATS Cl(:,,:.'// .'10 .00
: : Of /.C' 1000 12" COULTER ASSEt'1BL.Y FOR ]000 ,J,f) .OC' 8B.00
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~jub T L)L~-1 'C 1,060.00
')pecl,,' 1 i) 13C.OII) t 10 00 " - 10fJ.OO
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EXHIBIT "B"
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CHEVRDI...E1:
Chevrolet Division
General Motors Corporation
100 Renaissance Center
Detroit, MI 48265-1000
C04007-IN-S
April, 2004
Dear Chevrolet Customer:
Part of our commitment to you as a member of the GM family is giving you important information
whenever a specific concern or problem may affe.::t your vehicle.
Recently the media reported that General Motors will be announcing a safety recall involving certain
2000-2004 model year Chevrolet Silverado pickup trucks and 2002-2004 model year Chevrolet
Avalanche sport utility trucks.
The purpose of this letter is to explain what this recall is about, what GM is doing to correct it, and
what you can do immediately to reduce the potential for injury.
On some of these vehicles, the galvanized steel tailgate cable that supports the tailgate in the full
op6J1 (horizontal) position may corrode, weaken, and fracture. If one cable fractures, the remaining
cable may retain the tailgate in a horizontal position. However, if the remaining cable is sufficiently
weakened by corrosion, it could fracture within moments of the first cable fracturing, especially if
there is a load on the tailgate. If both cables fractured, the tailgate would suddenly drop several
inches and strike the top surface of the rear bumper. Anyone sitting or standing on the tailgate when
both cables fracture could be injured by falling from the tailgate. On vehicles that have had the
bumper removed, the tailgate may drop even lower. Additionally, if there is cargo on the tailgate, the
cargo may fall off if the support cables fracture.
When parts are available, your Chevrolet dealer will replace the galvanized steel tailgate support
cabies on your vehicie with stainless steel tailgate support cables. Of course, this service will be
provided for you at no charge.
Until stainless steel support cables can be installed on your vehicle, do not stand, sit, or
apply loads directly onto the tailgate when it's in the full open (horizontal) position. This will
reduce the potential of personal injury and damage to the outer panel of your tailgate.
Additionally, when loading or unloading cargo from the pickup box, the tailgate should be
removed. Please see your Owner's Manual for tailgate removal instructions.
We are working with our suppliers to obtain the stainless steel cables to correct this condition as
quickly as possible. As parts become available, we will send YOU another letter askina YOU to take
your vehicle to your Chevrolet dealer to have tl1e replacement cables installed. Based on the
anticipated schedule, dealers should have parts for a first aroup of vehicles later this summer.
However, if one or both of your tailgate support cables fracture before you receive the next letter,
please contact your Chevrolet dealer to arrange a service appointment as soon as possible. Your
dealer will repair your vehicle but you may have to return to have the cables replaced again if you
receive the recall notification letter later this year.
www.chevrolet.comlowners
If you have any questions or need any assistance, please call the Chevrolet Customer
Assistance Center at 1-800-630-2438. The deaf, hearing impaired, and speech impaired should
call 1-800-833-2438 (utilizes Text Telephones, TTY). The hours of operation for our Customer
Assistance Center are from 8:00 AM - 11 :00 PM Eastern Standard Time, Monday through
Friday.
More information about this recall (including answers to frequently asked questions) is available
online at the Chevrolet Owner Center. This free online service offers vehicle and
ownership-related information and tools tailored to your specific vehicle. To join, visit
wwwchAvroletcolTl/nwnf=!rs and entpr the Vehicle l(ij:lntification Nllmber (VIN) inchlderl with this
letter to get the most personalized information for your vehicle.
We understand tt,e concern this situation may cause and the needJ97corret:f'6lt as quickly as we
can. We are sorry to cause you this inconvenience; however, r~ ~~akfn this ~ction in the
interest of your safety and continued satisfaction with our product~
Chevrolet Motor Division
General Motors CorporatiOLl
"
Central Office
Chevrolet Motor Division
General Motors Corporation
100 Renaissance Center. P.O. Box 100, Detroit, MI 48265-1000
~ CHEVROLET
Dear Chevrolet Customer:
This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.
You may have already been contacted regarding this recall, but this letter is to inform you that parts are available to service
your vehicle.
Reason For This Recall: General Motors has decided that a defect, which relates to motor vehicle safety, exists in certain
2000 model year Chevrolet Silverado vehicles. On some of these vehicles, the galvanized steel tailgate support cables that
retain the tailgate in the full open (horizontal) position may corrode, weaken, and eventually fracture. If one cable fractures,
the remaining cable may retain the tailgate in a horizontal position. However, if the remaining cable is sufficiently weakened
by corrosion, it Could fracture within moments of the first cable fracturing, especially if there is a load on the tailgate. If both
cables fractured, the tailgate would suddenly drop and strike the top surface of the rear bumper. Anyone sitting or standing
on the tailgate when both cables fracture could be injured by falling from the tailgate, On vehicles that have had the bumper
removed, the tailgate may drop even lower. Additionally, if there is cargo on the tailgate, the cargo may become unstable
and fall if the support cables fracture.
What Will Be Done: Your Chevrolet dealer will replace the galvanized support cables with stainless steel support cables. In
addition, the tailgate hinge will be inspected and replaced, if necessary. This service will be performed for you at no
charge.
Until stainless steel support cables can be Installed on your vehicle, do not stand, sit, or apply loads directly onto
the tailgate when It's in the full open (horizontal) position. This will reduce the potential of personal Injury and
damage to the outer panel of your tailgate. Additionally, when loading or unloading cargo from the pickup box, the
tailgate should be removed. Please see your Owner's Manual for tailgate removal instructions.
How Long Will The Repair Take? This service correction will take approximately 20 to 30 minutes. However, due to
service scheduling requirements, your dealer may need your vehicle for a longer period of time.
Contacting Your Dealer: To limit any pOSSible inconvenience, we recommend that you contact your Chevrolet dealer as
soon as possible to schedule an appointment for this repair. By scheduling an appointment, your dealer can ensure that the
necessary parts will be available on your scheduled appointment date. Should your Chevrolet dealer be unable to schedule a
service date within a reasonable time, you should contact the Chevrolet Customer Assistance Center between the hours of
8:00 AM and 11 :00 PM, EST, Monday through Friday. They can be reached at 1.800.630.2438. The deaf, hearing impaired,
or speech impaired should call TextTelephone (ITY), 1.800.833.2438,
If, after contacting the Chevrolet Customer Assistance Center, you are still not satisfied that we have done our best to
remedy this condition without charge and within a reasonable time, you may wish to write the Administrator, National
Highway Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC 20590 or call 1.888.327.4236.
CustDmer Reply Form: The enclosed customer reply form identifies your vehicle. Presentation of this form to your dealer
will assist in making the necessary correction in the shortest possible time. If you no longer own this vehicle, please let us
know by completing the form and mailing it back to us.
Reimbursement The enclosed form explains what reimbursement is available and how to request reimbursement if you
have paid for repairs for the recall condition.
Courtesy Transportation: If your vehicle is within the New Vehicle Limited Warranty your dealer may provide you with
shuttle service or some other form of courtesy transportation while your vehicle is at the dealership for this repair. Please
refer to your OWner's Manual and your dealer for details on courtesy transportation.
Program Information Online: More information about this program (inclwing answers to frequently asked questions) is
available online at the OWner Center at My GMLink. This free online service offers vehicle and ownership related information
and tools tailored to your specific vehicle. To join, visit www.mygmllnk.com.andenteryourvehicle.s 17-character vehicle
identification number (VIN) shown on the enclosed customer reply form to get the most personalized information for your
vehicle.
Federal regulation requires that any vehicle lessor receiving this recall notice must forward a copy of this notice to the lessee
within ten days.
We are sony to cause you this inconvenience; however, we have taken this action in the interest of your safety and
continued satisfaction with our products.
Chevrolet Motor Division
General Motors Corporation
Enclosure
04007
1-'''-''-"'0'"
VERIFICATION
The foregoing document is based upon information which has been gathered by counsel
and myself in the preparation of this action. I have read the statements made in this document
and they are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
f~.$~b
toss E. STARNER
Date: ~ 11) 'jUOiJ
5
ROSS E. STARNER and : IN THE COURT OF COMMON PLEAS OF
BONNIE L. STARNER,
Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
v. 2006 - 712 CIVIL TERM
GENERAL MOTORS CORPORATION, CIVIL ACTION - LAW
Defendant
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, ill, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
George J. Lavin, ill, Esq.
Lavin, O'Neil, Ricci, Cedrone & Disipio
190 North Independence Mall West, Ste. 500
6th and Race Streets
Philadelphia, P A 19106
By:
,
squire
Date: May 17, 2006
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To:
All Parties
LAVIN, O'NEIL, RICCI, CEDRONE & DiSiPIO
BY: George J. Lavin, III, Esquire
Identification No. 70922
190 North Independence Mall West
Suite 500
6th & Race Streets
Philadelphia, P A 19106
(215) 627-0303
I hereby certify that I have served a copy of this
paper upon all other parties or their attorneys by:
. Regular Mail
o Certified Mail
BY~OO~~~~
"'o"'~ """ire = n_ -
Counsel for Defendant
General Motors Corporation
ROSS E. STARNER and
BONNIE L. STARNER
v.
CHEVROLET MOTORS CORPORATION
)
)
)
)
)
)
)
)
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CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL ACTION - LAW
NO. 2006-712
GENERAL MOTORS CORPORATION'S
ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT
NOW COMES Defendant, General Motors Corporation ("GM) through its attorneys,
Lavin, O'Neil, Ricci, Cedrone & DiSipio, hereby answers plaintiffs' Complaint and asserts New
Matter as follows:
1. After reasonable investigation, GM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 1 of
the Complaint, and, therefore, denies same and demands strict proof thereof.
2. GM admits the allegations set forth in Paragraph 2 of the Complaint.
3. After reasonable investigation, GM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 3 of
the Complaint, and, therefore, denies same and demands strict proof thereof.
4. GM admits it manufactured in part a 2000 Silverado pickup truck with a VIN
number of IGCEK19T5YE217870. GM denies the remaining allegations set forth in Paragraph
4 of the Complaint.
5. GM has not had the opportunity to inspect the subject vehicle and thus is without
knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations
set forth in Paragraph 5 of the Complaint, and, therefore, denies such allegations.
6. After reasonable investigation, GM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 6 of
the Complaint, and, therefore, denies same and demands strict proof thereof.
7. After reasonable investigation, GM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 7 of
the Complaint, and, therefore, denies same and demands strict proof thereof.
8. After reasonable investigation, GM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 8 of
the Complaint, and, therefore, denies same and demands strict proof thereof.
9. After reasonable investigation, GM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 9 of
the Complaint, and, therefore, denies same and demands strict proof thereof.
-2-
10. After reasonable investigation, GM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 10
of the Complaint, and, therefore, denies same and demands strict proof thereof.
11. After reasonable investigation, GM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 12
of the Complaint, and, therefore, denies same and demands strict proof thereof.
12. After reasonable investigation, GM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 11
of the Complaint, and, therefore, denies same and demands strict proof thereof.
13. GM has not had the opportunity to inspect the subject vehicle and thus is without
knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations
set forth in Paragraph 13 of the Complaint, and, therefore, denies such allegations.
14. After reasonable investigation, GM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 14
of the Complaint, and, therefore, denies same and demands strict proof thereof.
15. After reasonable investigation, GM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 15
of the Complaint, and, therefore, denies same and demands strict proof thereof.
16. After reasonable investigation, GM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 16
of the Complaint, and, therefore, denies same and demands strict proof thereof.
-3-
17. After reasonable investigation, OM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 17
of the Complaint, and, therefore, denies same and demands strict proof thereof.
18. After reasonable investigation, OM is without knowledge or information
sufficient to form a belief as to the truth or accuracy of the allegations set forth in Paragraph 18
of the Complaint, and, therefore, denies same and demands strict proof thereof.
COUNT I
19. Refer to the preceding paragraphs for OM's responses to the allegations set forth
in Paragraphs 1 through 18.
20. OM has not had the opportunity to inspect the subject vehicle and thus is without
knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations
set forth in Paragraph 20 of the Complaint, and, therefore, denies such allegations.
21. OM has not had the opportunity to inspect the subject vehicle and thus is without
knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations
set forth in Paragraph 21 of the Complaint, and, therefore, denies such allegations.
22. OM denies the allegations set forth in Paragraph 22 of the Complaint.
COUNT n
23. Refer to the preceding paragraphs for OM's responses to the allegations set forth
in Paragraphs 1 through 22.
24. OM has not had the opportunity to inspect the subject vehicle and thus is without
knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations
set forth in Paragraph 24 of the Complaint, and, therefore, denies such allegations. OM denies it
manufactured the tailgate support cables as alleged in Paragraph 24 of the Complaint.
-4-
25. GM has not had the opportunity to inspect the subject vehicle and thus is without
knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations
set forth in Paragraph 25 of the Complaint, and, therefore, denies such allegations.
26. GM has not had the opportunity to inspect the subject vehicle and thus is without
knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations
set forth in Paragraph 26 of the Complaint, and, therefore, denies such allegations.
27. GM denies the allegations set forth in Paragraph 27 of the Complaint.
COUNT m
28. Refer to the preceding paragraphs for GM's responses to the allegations set forth
in Paragraphs 1 through 27.
29. GM has not had the opportunity to inspect the subject vehicle and thus is without
knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations
set forth in Paragraph 29 of the Complaint, and, therefore, denies such allegations.
30. GM denies the allegations set forth in Paragraph 30 of the Complaint.
31. GM denies the allegations of any and all remaining numbered, unnumbered,
misnumbered or "WHEREFORE" paragraphs and the Plaintiffs prayer for judgment and
damages against GM. GM specifically denies that Plaintiff is entitled to any recovery from GM.
WHEREFORE, GM demands judgment in its favor and against plaintiffs, together with
costs of suit, reasonable attorney fees and other such relief as the Court deems just.
NEW MATTER
Pursuant to Pa. R.C.P. 1030, General Motors Corporation asserts the following New
Matter:
-5-
1. Plaintiffs' Complaint and al~ counts thereof fail to state a claim upon which relief
can be granted.
2. Plaintiffs' cause of action may be barred in whole or in part by the applicable
statute of limitations.
3. The subject vehicle may have been altered or substantially modified after the
vehicle left the control of GM and, therefore, Plaintiffs' claims against GM are barred.
4. The damages allegedly sustained by Plaintiffs were caused by the negligence or
fault of persons or entities, including any settling parties or non-parties, over whom GM
exercises no control and for whose actions GM is not legally responsible.
5. The 2000 Silverado was designed, manufactured and sold in accordance with the
state-of-the-art and in compliance with and in conformance to administrative, industry,
regulatory or statutory codes, standards, specifications or schemes approved by the United
States, or agencies thereof, that were applicable to the subject vehicle at the time of its
manufacture and sale.
6. Plaintiffs' claims are barred in whole or in part on equitable grounds, including
laches, waiver and estoppel.
7. The 2000 Silverado was manufactured and sold in accordance with the state-of-
the-art and in compliance with and in conformance to applicable statutes, regulations,
requirements and mandates approved by the United States and by the State of Pennsylvania and
agencies thereof that governed the subject vehicle at the time of its manufacture and sale and,
accordingly, Plaintiffs' claims are barred under the doctrine of federal preemption.
-6-
8. That the damages allegedly sustained by Plaintiffs were caused or contributed to
by the acts, omissions or fault of Plaintiffs, including contributory negligence, contributory fault,
comparative fault, assumption of the risks, misuse or abuse of the subject tailgate, and/or failure
to mitigate damages, and that such acts, omissions or fault bar recovery by Plaintiffs or, in the
alternative, diminish Plaintiffs' right to recover in an amount based upon the relative degree of
fault of Plaintiffs.
9. The negligence of plaintiffs and/or other individuals may have caused or
contributed to plaintiffs alleged injuries and/or plaintiffs alleged damages and plaintiffs' cause of
action may therefore be barred or limited by the Pennsylvania Comparative Negligence Act.
10. GM hereby pleads as an affirmative defense any and all releases entered into by
plaintiffs and/or to be entered into by plaintiffs as a reduction, in whole or in part, of any
damages plaintiffs may be entitled to recover from GM, it being specifically denied that GM is
liable to plaintiffs in any respect.
11. To the extent that plaintiffs failed to maintain or preserve the 2000 Silverado
and/or its component parts, including but not limited to the tailgate cables, in their immediate
post-accident condition, plaintiffs spoliated evidence and cannot maintain an action against GM.
12. GM hereby gives notice that they intend to rely upon any and all other such
affirmative defenses as may become available or apparent during the course of discovery and
thus, reserve the right to amend their Answer to assert any and all such defenses.
-7-
WHEREFORE, General Motors Corporation demands judgment in its favor and against
Plaintiffs together with costs of suit, reasonable attorneys fees and such other relief as the Court
deems just.
Respectfully submitted,
LAVIN, O'NEIL, RICCI, CEDRONE & DiSIPIO
~~~7
Counsel for Defendant
General Motors Corporation
-8-
CERTIFICATE OF SERVICE
I hereby certify that on this 30th day of May, 2006, a true and correct copy of
Defendant's, General Motors Corporation, Answer and AffIrmative Defenses to Plaintiffs'
Complaint was served via U.S. First Class Mail, upon the following:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013-3222
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. _~FFIS RETURN
CASE NO: 2006-00712 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
- U.S. CERTIFIED MAIL
STARNER ROSS E ET AL
VS.
CHEVROLET MOTORS DIVISION
R. Thomas Kline
Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,CHEVROLET MOTORS DIVISION
GENERAL MOTORS CORPORATION by United States Certified Mail postage
prepaid, on the 5th day of April
,2006 at 0000:00 HOURS, at
100 RENAISSANCE CENTER
PO BOX 100
DETROIT, MI 48265-1000
, a true
and attested copy of the attached WRIT OF SUMMONS
Together
with
The returned
receipt card was signed by JEREMY TACKETT
04/10/2006 .
on
Additional Comments:
FIRST PAPER WAS MAILED 2/6/06 AND GREEN CARD WAS NEVER
RETURNED TO OFFICE.
Additional Comments
Docketing
Cert Mail
Postage
Surcharge
18.00
9.28
.37
10.00
.00
37,65
R. Tomas Kline
Sheriff of Cumberland County
Sheriff's Costs:
Paid by MARCUS MCKNIGHT
on 04/13/2006 .
Sworn and subscribed to before me
this fC+C., day of }.LI1..H
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7005 0390 0003 2635 0296
06-712 civil
PS Fonn 3811', February 2004
Domestic Fleturn R_pt
102l595..02-M-1640
a '~
ROSS E. STARKER and § IN THE COURT OF COMMON' PLEAS
BONNIE L. STARKER, §
Plaintiffs, § CUMBERLAND COUNTY, PA
vs. §
§ 2006-712 CIVIL TERM
GENERAL MOTORS CORP., §
Defendant. § CIVIL ACTION -LAW
NOTICE OF BANKRUPTCY
PLEASE TAKE NOTICE that, on June 1, 2009, (the "Commencement Date"),
General Motors Corporation and certain of its subsidiaries, filed a voluntary petition
seeking bankruptcy protection under chapter 11 of title 11 of the United States ~I Code (11
U.S.C. § 101 et seq.) ("Bankruptcy Code") in the United States Bankruptcy Co1~rt for the
Southern District of New York ("Bankruptcy Court"). The bankruptcy cased has been
assigned Case No. 09-50026 (REG). A copy of GM's chapter 11 petition i$ attached
hereto as Exhibit A.
PLEASE BE ADVISED that, as of the Commencement Date, any new for further
action against General Motors Corporation is stayed pursuant to section 3G2 of the
Bankruptcy Code (the "Automatic Stay"), which provides that the filing of the petition,
among other things, "operates as a stay, applicable to all entities, ',of ...the
commencement or continuation, including the issuance or employment of prdcess, of a
judicial, administrative, or other action or proceeding against the debtor that wads or could
have been commenced before the commencement of the case under this tale, or to
recover a claim against the debtor that arose before the commencement of the base under
this title ...." and of "any act to obtain possession of property of the estate or o~ property
7 ~
from the estate or to exercise control over property of the estate." 11 U.S.C. § 362(a)(1)
& 362(a)(3).
PLEASE BE FURTHER ADVISED that any action taken against General Motors
Corporation without obtaining relief from the Automatic Stay from the Bankruptcy Court
may be void ab initio and may result in a finding of contempt against Plaintiffsa General
Motors Corporation reserves and retains its statutory right to seek reli~f in the
Bankruptcy Court from any judgment, order, or ruling entered in violation of the
Automatic Stay.
Dated: June 11, 2009 '',
GENERAL MOTORS CORPORATIOl'~T
C~
By ~k~1 11: ~/~~~' ~ -
Geode avm, III, Esquire (No. 0922
Lavin, eil, Ricci, Cedrone & isipio
190 North Independence Mall West
Suite 500
6th & Race Streets
Philadelphia, PA 19106
(215) 627-0303 '~
(215) 351-7569 -Direct
(215) 627-2551 -Fax ~'
mlavin@lavin-law.com
Attorneys for General Motors Corporation
i
2
EXHIBIT A
Chapter 11 Petition of General Motors Corporation
3
AFFIRMATION OF SERVICE BY FEDERAL EXPRESS
George J. Lavin, III, an attorney duly admitted to practice law before the Courts
of the State of Pennsylvania, hereby affirms the following to be true under ~'enalty of
perjury:
I am over the age of eighteen (18) years, am employed by the law firm lof Lavin,
O'Neil, Ricci, Cedrone & Disipio, 190 North Independence Mall West, Suite X00, 6th &
Race Streets, Philadelphia, PA 19106 and am not a party to this action.
On the 11th day of June, 2009, I served a copy of the foregoing Notice of
Bankruptcy in the above-captioned action upon:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
West Pomfret Professional Bldg.
60 W. Pomfret St.
Carlisle, PA 17013-3216
by depositing true copies of the same in a properly addressed wrapper into the qustody of
FedEx, an overnight delivery service for overnight delivery, prior to the latest time
designed by FedEx for overnight delivery.
Dated: June 11, 2009
~`
GEORGE . LA ,III, ESQU
4
~xhi bik,. ~ "
(Official
United States Bankruptcy Co41tt-f 24
Southern District of New York Voluntary Petition
Name of Debtor (if individual, enter Iss[, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle): '~
GENERAL MOTORS CORPORATION N/A
All Other Names used by the Debtor in the last 8 years All Other Names ttsed by the Joint Debtor in the last 8 years
(include married, maiden, and trade names): (include married, maiden, and trade names): '
See Schedule 1 Attached N/A
I
Last four digits of Soc. Sec. or Individual-Taxpayer LD. (1T1N) No./Complete EIN (if Last four digits of Soc. Sec. or Individual-Taxpayer LD. (ITIN)
, o./Complete EIN (if more
more than one, state all): than one, state all):
38-0572515 N/A
Street Address of Debtor (No. and Street, Ciry, and State): Street Address of Joint Debtor
(No• ana street, city, ana state): '
300 Renaissance Center N/A
ZIP CODE
Detroit, Michigan 48265-3000 ZIP CODE
County of Residence or of the Principal Place of Business: Wayne COUnty County of Residence or of [he Principal Place of Business:
N/A
Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address):
N/A
ZIP CODE ZIP CODE
Location of Principal Assets of Business Debtor (if different from street address above):
767 Fifth Avenue, New York, New York zIP CODE 10153
Type of Debtor Nature of Business Chapter of Bankruptcy Code Underl Whlch
(Form of Organization) (Check one box.) the Petition is Filed (Check one qox)
(Check one boz.) ^ Health Care Business
^ Individual (includes Joint Debtors)
^ Single Asset Real Estate as defined i
n ^ Chapter 7 ^ Chapter I S Petition for Recognition of a Foreign
See F,shibir D on a e 1 o fhrs orm.
p g f f I l U.S.C. § 101 (51 B) ^ Chapter 9 Main Proceeding
® Corporation (includes LLC and LLP)
^ Railroad ® Chapter 11 ^ Chapter l5 Petition fmr Recognition of a Foreign
^ Partnership ^ Cha ter 12 Nonmain Proceedin '
P g'.
^ Other (lf debtor is not one of [he above ^ Stockbroker ^ Chapter 13
e
titi
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k thi
b
d ^ Commodity Broker
n
es, c
ec
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ox an
state type of
entity below.) ^ Clearing Bank Nature of Debts (Check one sox)
® Other ^ Debts are primarily consumer ® DeHts are primarily business
debts
defined in I I U
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C
§ deb(
Automotive Manufaeturini =_ ,
.
.
.
s.
101(8) as "incurred b
an
Tax-Exempt Entity y
individual primarily for a personal,
(Check box, if applicable) famil , yr household a se."
^ Debtor is atax-exempt organization Chspter 11 Debtors
under Title 26 of the United States Check one box:
Code (the Internal Revenue Code). ^
D
bt
i
ll b
i
d
M
Filing Fee (Check one box) e
or
s a srru
us
ness
e
or as defined in I 1 U.S.C. § 101(5 ID).
®
® Full Filing Fce attached DeMor is not a small business debtor ss defined in 11 U.S.C. § 101(5 ID).
^ Filing Fce to be paid in installments (applicable to individuals only) Check it:
Must attach signed applicatbn for the court's consideration certifying that the debtor's unable to pay fee
except in installments. Rule 1006(6). See Official Form 3A. Debtor's a
^ ggregate nottcontingen[ liquidated debts (excluding debts owed to
^ Filin Fee waiver r nested a licable to ch
B M (pF eptcr ~ individuals only). Must sttech signed applicatan
for insiders or affiliates) are less than 52,190,000.
the court's consideration. See OlTwiel Form JB. -------------------------------
Check all applicable boxes:
^ A plan is being filed with this petition. '
^ Acceptances of the plan were solicited prepetition frog one or more classes of
creditors, in accordance with I I U.S.C. § 1126(B). ~
StatisticaUAdministrative Information THIS S ACE IS FOR COURT USE
® DeMor estimates that funds will be awileble for distribution to unsecured creditors. ONLY
^ Debtor estimates that, after any exempt property is excluded and sdministrative expenses paid, there will be rro funds available for
distribution to unsecured crcdkors. I
~
Estimated Number of Creditors (on a Consolidated Basis) 'i
1-49 50-99 100-199 200-999 1,000- 5,001- 10,001 - 25,001 50,001• Over '.
5,000 10,000 25,000 50,000 100,000 100,000
Estimated Assets on a Consolidated Basis ~i
~
^ ^ ^ ^ ^ ^ ^ ^ ^ ® I
I
SO to 550,001 to 5100,001 to 5500,001 to 51,000,001 EI0,000,001 550,000,001 5100,000,001 5500,000,001 More then
550,000 5100,000 5500,000 S I million to 510 to 550 t
5100
550 I
o
million million million to
0 to SI billion SI billion
million I
''~
Estimated Liabilities on a Consolidated Basis ~'~.
SO to 550,001 to 5100,001 to 5500,001 to SI,000,OOI 510,000,001 550,000,001 5100,000,001 5500,000,001 More than
550,000 5100,000 $500,000 Sl million to 510 to 550 to 5100 t
5500
l bi
~'
million million million o
to S
llion Sl billion
million ~.
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09-50026 Doc 1 Filed 06/01/09 Entered 06/01/09 07:57:51 Main Docurr~ent Pg
Official Form 1 1/08 FORM Bl, Pee 2
Voluntary Petition Name of Debtor(s):
(Thfspage musr be completed and filed in every case) GENERAL MOTORS CORPORATION
All Prior Bankruptcy Case Fired Within Laat 8 Years (If more than two, attach additonal sheet)
Location Case Number: gate Filed:
where Fited: N/A N/A ]M]/p
Location Case Number: Qate Filed:
where Filed: N/A N/A 1'~1/A
Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (]f more than one, attach additional sheet.)
Name of Case Number: ate Filed:
Debtor: Chevrolet-Saturn of Harlem, Inc. As filed une 1, 2009
District: Relationship: J dge:
Southern District of New York Wholly-Owned Direct Subsidiary of ndetermined
General Motors Cor oration
Exhibit A Exhibit B
tra ~ «.npta~a tra~rar t: ~ taatriaw
(To be completed if debtor is required to file periodic reports (e.g., forms IOK and IOQ) wn~aawar`a,aunry~,raa~aew')
with the Securities and Exchange Commission pursuant to Section 13 or l5(d) of the i, the attorney for the petitioner named in the foregoing petition] declare that I have informed
Securities Exchange Act of 1934 and is requesting relief under chapter 11.) the petitioner that [he or she] may proceed under chapter 7, I 1 i 12, or 13 of title 1 1, United
States Code, and have explained the relief available under each zuch chapter. 1 further certify
that I have delivered to the debtor the notice required by § 342(b).
hibi
A i
® E
h
d
d
d X
x
t
s attac
e
an
ma
e a part of this petition. Signature of Attorney for Debtor(s) Date
Exhibit C
Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm [o public health or safety? ~,
^ Yes, and Exhbit C is attached and made a part of this petition.
® No.
Exhibit D
(To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)
^ Exhibit D completed and signed by the debtor is attached and made a part of this petition.
lfthis is ajoint petition:
^ Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition.
Information Regarding the Debtor -Venue
(Check any applicable box.)
^ Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 160 days imryrediately
preceding the date of this petition or for a longer part of such 180 days than in any other District.]
® There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in This District.
^ Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United Stales in this District, r has no
principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this D~strict, or
the interests of the parties will be served in regard to the relief sought in this District. '~.
Certificatian by a Debtor Who Resides as a Tenant of Residential Property
(Check alf applicable boxes)
^ Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.) '
(Name of landlord that obtained judgment)
(Address of landlord) ',
^ Debtor claims that under applicable nonbankmptcy law, there are circumstances under which the debtor would be permitted to cure f he entire
monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and '
^ Debtor has included with this petition [he deposit with the court of eny rent that would become due during the 30-day period after the fili~rg of the
petition.
^ Debtor certifies that he/she has served the Landlord with this certification. (I 1 U.S.C. § 362(1)). '.~
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OfOcial Form 1 1108 FORM Bl Pa e 3
Voluntary Petltion Neme of Debtor(s):
(7Tris page must be complned and filed in every case) GENERAL MOTORS CORPORATION
Signatures
Slgaature(a) of Debtor(a) (tndividuaUJoint) Signature of a Foreign Representative
I declare under penalty of perjury that the information provided in this petition is true and I declare under penalty of pequry that the information (provided in this petition is
correct. true and correct, that I am the foreign representative of a debtor in a foreign
[If petitioner is en individual whose debts are primarily consumer debts and has chosen to proceeding, and that I am authorized to file this petitioq.
file under chapter 7] 1 am aware that I may proceed under chapter 7, 1 1, 12 or 13 of title
11, United States Code, wderstand the relief available under each such chapter, and
choose to proceed under chapter 7. (Check only one box.)
[If no attorney represents me and no bankruptcy petition preparer signs the petition] I have
obtained and read the notice required by 11 U.S.C. § 342(b). ^ I request relief in accordance with chapter IS of'title I1, United States Code.
Certified copies of the doctrments required by 1 I U.SC. § ] 515 are attached.
1 request relief in accordance with the chapter of title 1 I, United States Code, specified in
this petition. ^ Pursuant to 11 U.S.C. § 1511, 1 request relief in accordance with the chapter of title
11 specified in this petition. A certified copy of thtk order granting recognition of
the foreign main proceeding is attached.
X
Signature of Debtor X
X (Signamre of Foreign Representative)
Signature of Joint Debtor
(Printed Name of Foreign Representative)
Telephone Number (if not represented by attorney)
Date
Date '
Signature of Attorney" Signature ofNon-Attorney Bankruptcy Petition Preparer
I declare under penalty of perjury that: (I) I am a bankruptcy pet~tion preparer as defined in l1
U.S.C. § 110; (2) I prepared this document for compensation attd~ have provided the debtor with
x /s/ Stephen Karotkin a copy of this document and the notices and information required under I 1 U.S.C. ¢§ 110(b)
Signature of Attomey for Debtor(s)
110(h), and 342tb); and (3) if rules or guidelines have been prom ,
ulgated pursuant to 11 U.S.C.
§ 110(h) setting a maximum fee for services chargeable by ba
r ptcy petition preparers, I
Stephen Karotkin have given the debtor notice of the maximum amount before p
re acing any document for filing
Printed Name of Attomey for Debtor(s) for a debtor or accepting any fee from the debtor, as required in that section. Official Form 19B
is attached.
Weil. Gotshal & Manges LLP
Finn Nartte Printed Name and title, if any, of Bartkruptcy Petition Preparer '..
767 Fifth Avenue
Address Social-Security number (if the bankruptcy petition preparer is nqq'tc an individual, state the
Social-Security number of the officer, principal, responsble pers!pn or partner of the bankruptcy
New York New York 10153 petition preparer.) (Required by 1 I U.S.C. § 110.)
Address
(212)310-8000
Telephone Number x
June 1, 2009
• In a case in which § 707(bx4xD) applies, this signature also constitutes a certification that the enomey Date
has no knowkdgc after an inquiry thn the information in the schedules is incorrect. Signature of banknrptcy petition preparer or officer
rinci
al
res
onsible
ers
rt
Signature of Debtor (Corporation/Partnership) , p
p
,
p
p
on, or pa
ner
whose Social-Security number is provided above. '
1 declare under penalty of perjury that the information provided in this petition is true and Names and Social-Security numbers of all other individuals who'~prepared or assisted in
correct, and that I have been authorized to file this petition on behalf of the debtor. preparing this document unless the bankmptcy petition preparer ~s not an individual:
The debtor requests the relief in accordance with the chapter of title 11, United States If more than one person prepared this document, attach additional sheets conforming to the
Code, specified in this petition. appropriate official form for each person.
A bankruptcy petition preparer's failure (o comply with !Ae prov lions ojlille 1 !and the
x /s/Frederick A. Henderson Federal Rules of Bankruptcy Procedure may resul! in fines or i risonmen! or both. I / U.S.C.
§l10; l8 U
S
C
§l56
Signature of Authorized ]ndividual .
.
.
.
Frederick A. Henderson
Printed Name of Authorized Individual
President and Chief Executive Officer
Title of Authorized Individual '.
June 1.2009
Date
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4of24
Schedule 1
All Other Names Used By the Debtor in_the Last 8 Years
1. GMC Truck Division
2. NAO Fleet Operations
3. GM Corporation
4. GM Corporation-GM Auction Department
5. National Car Rental
6. National Car Sales
7. Automotive Market Research
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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
----------- --- ~____~_______ _x
In re
GENERAL MOTORS CORPORATION,
Debtor. .
--------------______--_-----------------------------x
Chapter 11 Case No.
09- ( )
CONSOLIDATED LIST OF CREDITORS
HOLDING 50 LARGEST UNSECURED CLAIMSI
Following is the consolidated list of the creditors of General Motors C rporation
and its affiliated debtors in the above-captioned chapter 11 cases, as debtors and debts in
possession (collectively, the "Debtors"), holding the SO largest noncontingent unsecur(;d claims
as of May 31, 2009.
Except as set forth above, this list has been prepared in accordance wi Rule
1007(d) of the Federal Rules of Bankruptcy Procedure and Rule 1007-1 of the Local ~ules of
Bankruptcy Procedure. This list does not include persons who come within the definitjion of
"insider" set forth in section 101(31) of chapter 11 of title 11 of the United States Cody.
' The information herein shall not constitute an admission of liability by, nor is it binding on, the Debto~s. All
claims are subject to customary offsets, rebates, discounts, reconciliations, credits, and adjustments, wh ch are not
reflected on this Schedule. i
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s.
E:Y
.:
'
,;
~
~.k.
z~,
1. Wilmington Trust Attn: Geoffrey J. Lewis Bond Debt 22,759,871,912
Company
Phone: (302) 636-6438 ',
Fax: (302) 636-4145
Rodney Square North Rodney Square North
1100 North Market Street 1100 North Market Street
Wilmington, DE 19890 Wilmington, DE 19890
United States United States
2. International Union, Attn: Ron Gettlefinger Employee .
20,560,000,000
United Automobile, Obligations ,
Aerospace and Phone: (313) 926-5201 ',
Agricultural Implement Fax: (313) 331-4957
Workers of America
NAW)
8000 East Jefferson 8000 East Jefferson
Detroit, MI 48214 Detroit, MI 48214
United States United States
3. Deutsche Bank AG, Attn: Stuart Harding Bond Debt 4,444,050,000
London As Fiscal Agent
Phone:(44) 207 547 3533
Fax: (44) 207 547 6149
Theodor-Heuss-Allee 70 Winchester House
Frankfurt, 60262 1 Great Winchester Street
Germany London EC2N 2DB
En land
' This amount consolidates Wilmington Trust Company's claims as indenture trustee under the indentures,
dated December 7, 1995 ($21,435,281,912) and November 15, 1990 ($1,324,590,000). ',
2 This liability is estimated as the net present value at a 9% discount rate of future contributions, Islas of
January 1, 2009, and excludes approximately $9.4 billion corresponding to the GM Internal VEBA.
3 The amount includes outstanding bond debt of $4,444,050,000, based on the Eurodollar exchange rates of
$1.39.
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4. International Union of Attn: Mr. James Clark Employee 2,668,600,000
Electronic, Electrical, Obligations ',
Salaried, Machine and Phone: (937) 294-9764
Furniture Workers - Fax: (937) 298-633
Communications
Workers of America
~
(IUE-CW A) '
3461 Office Park Drive 2701 Dryden Road
Kettering, OH 45439 Dayton, OH 45439
United States United States
5. Bank of New York Attn: Gregory Kinder Bond Debt $175,976,800
Mellon
Phone: (212) 815-2576
Fax: (212)815-5595
Global Corporate Trust, 101
One Wa11 Street Barclay, 7W
New York, NY 10286 New York, NY 10286
United States United States
6. Starcom Mediavest Attn: Laura Desmond Trade Debt $121,543,017
Group, Ina
Phone: (312) 220-3550
Fax: (312) 220-6530
35 W. Wacker Drive 35 W. Wacker Drive
Chicago, IL 60601 Chicago, IL 60601
United States United States
7. Delphi Corp. Attn: Rodney O'Neal Trade Debt ', $ 110,876,324
Phone: (248) 813-2557
Fax: (248)813-2560
5725 Delphi Drive 5725 Delphi Drive ',
Troy, MI 48098 Troy, MI 48098
United States United States
I
4 This liability estimated as the net present value at a 9% discount rate. I~~
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III
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~.
8. Robert Bosch GmbH Attn: Franz Fehrenbach Trade Debt $66,245,958
Phone: (49 71) 1 811-6220
Fax: (49 71) 1 811-6454
38000 Hills Tech Drive Robert-Bosch-Platz 1 / 70839
Farmington Hills, MI 48331 Gerlingen-Schillerhoehe,
United States German
9. Lear Corp. Attn: Robert Rossiter Trade Debt $44,813,396
Phone: (248)447-1505
Fax: (248) 447-1524
21557 Telegraph Road 21557 Telegraph Road
Southfield, MI 48033 Southfield, MI 48033
United States United States
t0. Renco Group, Inc. Attn: Lon Offenbacher Trade Debt $37,332,506
Phone: (248) 655-8920
Fax: (248) 655-8903
1 Rockefeller Plaza, 1401 Crooks Road
29th Floor Troy, MI 48084
New York, NY 10020 United States
United States
11. Enterprise Rent A Car Attn: Greg Stubblefiled Trade Debt $33,095,987
Phone: (314) 512 3226
Fax: (314) 512 4230
6929 N Lakewood Ave 600 Corporate Park Drive
Suite 100 St. Louis, MO 63105 '~
Tulsa, OK 74117 United States
United States
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x
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9 of 24
r.~~, ,y' ~ r~ 7~s
~12. Johnson Controls, Inc. Attn: Stephen A. Roell Trade Debt I $32,830,356
Phone:(414)-524-2223 ''
Fax:(414)-524-3000
5757 N. Green Bay Avenue 5757 N. Green Bay Avenue
Glendale, WI 53209 Milwaukee, WI 53201
United States United States
13. Denso Corp. Attn: Haruya Maruyama Trade Debt $29,229,047
Phone: (248)350-7500
Fax: (248)213-2474
24777 Denso Drive 24777 Denso Drive
Southfield, MI 48086 Southfield, MI 48086
United States United States
14. TRW Automotive Attn: John Plant Trade Debt $27,516,189
Holdings, Corp.
Phone: (734)855-2660
Fax: (734)855-2473
12025 Tech Center Dr. 12001 Tech Center Drive
Livonia, MI 48150 Livonia, MI 48150
United States United States
15. Magna International, Inc. Attn: Don Walker Trade Debt ', $26,745,489
Phone: (905)726-7040
Fax: (905)726-2593
337 Magna Drive 337 Magna Drive
Aurora, ON L4G 7K1 Aurora, ON L4G 7K1
Canada Canada
16. American Axle & Mfg Attn: Richard Dauch Trade Debt $26,735,957
Holdings, Inc.
Phone: (313)758-4213
Fax:(313)758-4212 ',
One Dauch Drive One Dauch Drive
Detroit, MI 48211-1198 Detroit, MI 48211
United States United States
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~ .J
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~.
17. Maritz Inc. Attn: Steve Maritz Trade Debt $25,649,158
Phone: (636) 827-4700
Fax: (636) 827-2089 ',
1375 North Highway Drive 1375 North Highway Drive
Fenton, MO 63099 Fenton, MO 63099
United States United States
18. Publicis Groupe S.A. Attn: Maurice Levy Trade Debt $25,282,766
Phone: (33 O1) 4 443-7000
Fax: (33 01) 4443-7550
i
133 Ave des Champs Elysees 133 Ave des Champs-Elysees
Paris, 75008 Paris, 75008 ',
France France
19. Hewlett Packard Co. Attn: Mike Nelkens Trade Debt $17,012,332
Phone: (313) 230 6800
Fax: (313) 230 5705
3000 Hanover Street 500 Renaissance Center,
Palo Alto, CA 94304 MC:20A Detroit, MI 48243
United States United States
20. Interpublic Group of Attn: Michael Roth Trade Debt $15,998,270
Companies, Inc.
Phone: (212) 704-1446
Fax: (212)704.2270
1114 Avenue of the Americas 1114 Avenue of the Americas
New York, NY 10036 New York, NY 10036
United States United States
21. Continental AG Attn: Karl-Thomas Trade Debt ', $15,539,456
Phone:49-69-7603-2888
Fax:49-69-7603-3800
Vahrenwalder Str. 9 Guerickestrasse 7, 60488
D-30165 Hanover, Frankfurt 60488 ~',
German German
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y22. Tenneco Inc. ' Attn: Gregg Sherrill Trade Debt ~ ~ $14,837,427
Phone: (847) 482-5010
Fax: (847)482-5030
500 North Field Drive 500 North Field Drive
Lake Forest, IL 60045 Lake Forest, IL 60045
United States United States
23. Yazaki Corp. Attn: George Perry Trade Debt $13,726,367
Phone: (734) 983-5186
Fax: (734)983-5197
6801 Haggerty Road 6801 Haggerty Road, 48E
Canton, MI 48187 Canton, MI 48187 ',
United States United States
24. International Automotive Attn: James Kamsickas Trade Debt $12,083,279
Components
Phone: (313)253-5208
Fax: (313) 240-3270 ',
5300 Auto Club Drive 5300 Auto Club Drive
Dearborn, MI 48126 Dearborn, MI 48126 ',
United States United States
25. Avis Rental Car Attn: Robert Salerno Trade Debt ', $12,040,768
Phone: (973) 496-3514
Fax: (212)413-1924
6 Sylvan Way 6 Sylvan Way ',
Parsippany, NJ 07054 Parsippany, NJ 07054
United States United States
26. FMR Corp. Attn: Robert J. Chersi Trade Debt ', $11,980,946
Phone: (617)563-6611 '
Fax: (617)598-9449
82 Devonshire St 82 Devonshire St
Boston, MA 02109 Boston, MA 02109
United States United States
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27. AT&T Corp. Attn: Richard G. Lindner Trade Debt 'e u$10,726,376
Phone: (214) 757-3202
Fax: (214)746-2102
208 South Akard Street 208 South Akard Street
Dallas, TX 75202 Dallas, TX 75202
United States United States '
28. Union Pacific Corp. Attn: Robert M. Knight, Jr. Trade Debt $10,620,928
Phone: (402)544-3295
Fax:(402)501-2121
1400 Douglas Street 1400 Douglas Street
Omaha, NE 68179 Omaha, NE 68179
United States United States '
29. Warburg E M Pincus & Attn: Joseph P.Landy Trade Debt ', $10,054,189
Co., Inc. '
Phone: (212) 878-0600
Fax: (212)878-9351 '
466 Lexington Ave 466 Lexington Ave
New York, NY 10017 New York, NY 10017 '
United States United States '
30. Visteon Corp. Attn: Donald J. Stebbins Trade Debt ' $9,841,774
Phone: (734)710-7400
Fax: (734)710-7402
One Village Center Drive One Village Center Drive
Van Buren Township, Van Buren Twp., MI 48 ] I 1
MI 48111 United States
United States
31. US Steel Attn: John Surma Trade Debt $9,587,431
Phone: (412)433-1146 ',
Fax: (412)433-1109 ',
600 Grant Street Room 1344 600 Grant Street '
Pittsburgh, PA 15219 Room 1344
United States Pittsburgh, PA 15219 ',
United States '
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-
. 1- n ~ "y b~ ' ~ k yR.
~. .:
32, Arcelor Mittel Attn: Lakshmi Mittel Trade Debt $9,549,212
Phone: 44 20 7543 1131
Fax: (44 20) 7 629-7993
19, Avenue De La Liberte Berkley Square House, 7th
Luxembourg, L-2930 Floor Berkley Square House
Luxembour London, En land W 1 J6DA
33. AK Steel Holding, Corp. Attn: Jim Wainscott Trade Debt $9,116,371
Phone: (513) 425-5412
Fax: (513)425-5815
9227 Centre Pointe Drive 92,27 Centre Pointe Drive
Westchester, OH 45069 Westchester, OH 45069
United States United States
34. CSX Corp. Attn: Oscar Munoz Trade Debt $8,884,846
Phone: (904)359-1329 ',
Fax: (904) 359-1859 ',
500 Water Street, 15th Floor 500 Water Street, 15th Floor
Jacksonville, FL 32202 Jacksonville, FL 32202
United States United States
35. Hertz Corporation Attn:.Elyse Douglas Trade Debt $8,710,291
Phone: (201)450-2292
Fax: (866)444-4763
14501 Hertz Quail Springs 225 Brae Boulevard Park ',
Parkway Ridge, NJ 07656 ',
Oklahoma City, OK 73134 United States
United States
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36. Alpha S.A. de C.V. Attn: Manuel Rivera Trade Debt $8,209,133
Phone: (52 81) 8 748 1264
Fax: (52 81) 8 748-1254 '~
Ave. Gomez Morin No. 1111 Ave. Gomez Morin No. 1111
Sur Col. Carrizalejo Sur Col. Carrizalejo
San Pedro Garza Garcia, N. San Pedro Garza Garcia, N. L.
L. C.P. 66254 C.P. 66254
Mexico Mexico
37. Voith AG Attn: Hubert Lienhard Trade Debt ' $7,146,187
Phone: 49 7321 372301
2200 N. Roemer Rd St. Poltener Strasse 43
Appleton, WI Heidenheim, D-89522
United States German
38. Goodyear Tire & Rubber Attn: Robert Keegan Trade Debt $6,807,312
Co.
Phone: (330)796-1145
Fax: (330)796-2108
1144 E Market St 1144 East Market Street
Akron, OH 443 1 6-000 1 Akron, OH 44316-0001
United States United States
39. Manufacturers Attn: Greg M. Gruizenga Trade Debt $6,695,777
Equipment & Supply Co.
Phone: (800)373-2173
Fax: (810)239-5360
2401 Lapeer Rd 2401 Lapeer Rd
Flint, MI 48503-4350 Flint, MI 48503
United States United States
40. Severstal O A O Attn: Gregory Mason Trade Debt ', $6,687,993
Phone: (313)317-1243
Fax: (313)337-9373
4661 Rotunda Drive 14661 Rotunda Drive,
P.O. Box 1699 P.O. Box 1699
Dearbom, MI 48120 Dearborn, MI 48120
United States United States
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41. Exxon Mobil Corp. Attn: James P. Hennessy Trade Debt $6,248,959
Phone: (703)846-7340 ',
Fax: (703)846-6903
5959 Las Colinas Boulevard 3225 Gallows Road
Irving, TX 75039 Fairfax, VA 22037
~
United States United States '
42. Hitachi Ltd. Attn: Yasuhiko Honda Trade Debt $6,168,651
Phone: (81 34) 564-5549
Fax: (8134)564-3415
955 Warwick Road Akihabara Daibiru Building I8-
P.O. Box 510 13, Soto-Kanda, 1-Chome ',
Harrodsburg, KY 40330 Chiyoda-Ku, Tokyo, 101-8608
United States Ja an
43. Mando Corp. Attn: Zung Su Byun Trade Debt ~, $5,459,945
Phone: (82 31) 680-6114 ',
Fax: (82 31) 681-6921
4201 Northpark Drive 343-1, Manho-Ri ,Poseung-
Opelika, AL 36801 Myon, Pyongtaek Kyonggi, ',
United States South Korea, Korea
44. General Physics Corp. Attn: Sharon Esposito Mayer Trade Debt !, $5,208,070
Phone: (410) 379-3600
Fax: (410)540-5302
1500 W. Big Beaver Rd. 6095 Marshalee Drive, St. 300
Troy, MI 48084 Elkridge, MD 21075 ',
United States United States
45. Sun Capital Partners, Attn: Mr. Kevin Trade Debt ', $4,747,353
Ina
Phone: (561)948-7514 ~,
Fax: (561)394-0540
5200 Town Center Circle, 5200 Town Center Circle, Suite ',
Suite 600 600 Boca Raton, FL 33486 'i
Boca Raton, FL 33486 United States 'i
United States
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46. Jones Lang Lasalle, Inc. Attn: Colin Dyer Trade Debt ', $4,651,141
Phone: (312) 228-2004
Fax: (312) 601-1000
200 East Randolph Drive
200 East Randolph Drive Chicago, IL 60601
Chicago, IL 60601 United States
United States
47. McCann Erickson Attn: Gary Lee Trade Debt $4,603,457
Phone: (646) 865 2606
Fax: (646)865 8694
238 11 Avenue, SE 622 3rd Avenue
Calgary, Alberta T2G OX8 New York, NY 10017
Canada United States
48. Flex-N-Gate Corp. Attn: Shahid Khan Trade Debt $4,490,775
Phone: (217) 278-2618
Fax: (217)218-2318
1306 East University Ave. 1306 East University
Urbana,IL 61802 Urbana,lL 61802
United States United States
49. Bridgestone Corp. Attn: Shoshi Arakawa Trade Debt $4,422,763
Phone: (81 33) 567 O1 ] 1
Fax: (81 33) 567 9816
535 Man•iott Drive 10-1 Kyobashi 1-chome Chuo-
Nashville, TN 37214 ku, Tokyo, Japan 104
United States Ja an
50. Cap Gemini America Inc Attn: Thierry Delaporte $4,4 5,93Crade Debt $4,415,936
Phone: (212)314-8327
Fax: (212)314-8018
623 Fifth Avenue, 33'~ Floor 623 Fifth Avenue, 33`d Floor
New York, NY 10022 New York, NY 10022
United States United States
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DECLARATION UNDER PENALTY OF PERJURY:
I, the undersigned authorized officer of the corporation named as Debtor in this
case, declare under penalty of perjury that I have reviewed the foregoing Consolidated List of
Creditors Holding the 50 Largest Unsecured Claims and that the list is true and correc~ to the
best of my information and belief.
Dated: June I, 2009
/s/ Frederick A. Henderson
Signature
NAME: Frederick A. Henderson
TITLE: President and Chief ExeQutive Officer
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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
________~ ~~_--------------- --------x
In re Chapter 11 Case l~io.
GENERAL MOTORS CORPORATION, 09- ~) ''~,
Debtor. ~'
---- -----_-----------------------------------______---x
1.
2.
a. EXHIBIT "A" TO VOLUNTARY PETITION
The debtor's securities are registered under Section 12 of the Securities anc~ Exchange
Act of 1934, and the SEC file number is 1-143.
The following financial data is the latest available information and refers tq the
debtor's condition on March 31, 2009.
Total assets on a consolidated basis: $82,290,000,000 '~
b. Total debts on a consolidated basis (including debts listed in 2.c ., belovy~):
$172 810 000 000
Approximate
num er of
hold rs.
c. Debt securities held by more than 500 holders. ',
secured unsecured subordinated
^ ® ^ ~21,694,000,000~ Greater than 500
secured unsecured subordinated
^ ® ^ $3,221,000,OOOZ Great r than 500
secured unsecured subordinated
^ ® ^ $1,388,000,0003 Great r than 500
d. Number of shares of preferred stock: 6.000,000 shares authorized: no
shares issued and outstanding._
' Issued pursuant to Senior Indenture, dated as of December 7, 1995.
2 Issued pursuant to Senior Indenture, dated as of July 3, 2003.
3 Issued pursuant to Senior Indenture, dated as of November 15, 1990.
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e. Number of shares of common stock:
31, 2009.
3. Brief description of debtor's business:
4. List the names of any person who directly or indirectly owns, controls, or holds, with
power to vote, 5% or more of the voting securities of debtor: State Strut Bank
and Trust Comnanv (17.0%1
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APPROVAL OF BANKRUPTCY FILING, 363 SALE AND RELATED MATTERS
WHEREAS, at this meeting and at prior meetings, the Board of Directors (the
"Board") of General Motors Corporation (the "Corporation") has extensively reviewled the
alternatives available to the Corporation and its direct and indirect subsidiaries Saturrh, LLC,
Saturn Distribution Corporation and Chevrolet-Saturn of Harlem, Inc. (the ~ "Filing
Subsidiaries") and has determined that the commencement of a Chapter 11 case) in the
United States by each of the Corporation and the Filing Subsidiaries presents tf~e only
opportunity for preserving and maximizing the value of the enterprise for the benefi of the
Corporation's stakeholders and other interested parties; ',
COMMENCEMENT OF BANKRUPTCY CASES
RESOLVED, that the Corporation and each of the Filing Subsidiaries be,!, and it
hereby is, authorized and directed to file a petition seeking relief under the provisions of
Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code");
RESOLVED, that each of the Proper Officers (it being understood that, 1For the
purposes of these resolutions, the "Proper Officers" shall include, without limitati n, the
President and Chief Executive Officer, any vice president of the Corporation (in luding
executive or group vice presidents), the Controller and Chief Accounting Offic r, the
Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer and an other
officer of the Corporation determined by the Legal Staff of the Corporation to I be an
appropriate officer with respect to the action taken) is hereby authorized and directed, in the
name and on behalf of the Corporation, to execute, verify, and file all petitions) under
Chapter 11 of the Bankruptcy Code and to cause the same to be filed in the United States
Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") at su~h time
as such Proper Officer shall determine;
RESOLVED, that in connection with the commencement of the Chapter 11 ~ase by
the Corporation, each Proper Officer is hereby authorized, in the name and on behal of, the
Corporation, to negotiate, execute, and deliver such notes, security and other agre ments,
and instruments as such Proper Officer considers appropriate to enable the Corporation to
utilize cash collateral on the terms and conditions such Proper Officer or Proper ~fficers
executing the same may consider necessary, proper, or desirable, and to consummate the
transactions contemplated by such notes, security and other agreements and instruments
on behalf of the Corporation, subject to Bankruptcy Court approval;
RESOLVED, that each Proper Officer is hereby authorized and directed, in the name
and on behalf of the Corporation, to cause the Corporation to enter into, execute, ~eliver,
certify, file and/or record, negotiate, and perform, any and all petitions, schedule ,lists,
motions, certifications, agreements, instruments, affidavits, applications, including ithout
limitation, applications for approvals or rulings of governmental or regulatory author ties, or
other documents and to take such other actions, as in the judgment of such Proper Officer
shall be or become necessary, proper, or desirable in connection with the Corpo ation's
Chapter 11 case;
RESOLVED, that the Board sees no objection to each of the Filing Subsidiaries
taking any and all action, including authorizing a filing in the Bankruptcy Court, 'and to
executing and delivering all documents, agreements, motions and pleadings las are
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necessary, proper, or desirable to enable such Filing Subsidiary to carry out the filing in
Bankruptcy Court contemplated hereby;
RESOLVED, that the Board sees no objection to a filing by GMCL, if deterrr1ined to
be appropriate by the Board of Directors of GMCL, for protection from its creditors u der the
Companies' Creditors Arrangement Act (the "CCAA") or to any actions taken by G~CL as
are necessary, proper, or desirable to enable GMCL to carry out such filing; ',
EXECUTION OF MASTER SALE AND PURCHASE AGREEMENT
RESOLVED, that the Board finds that the sale of substantially all of the assets of the
Corporation to Auto Acquisition Corp., a new entity formed by the United States Dep rtment
of the Treasury, in accordance with the Purchase Agreement (as defined bel~w), is
expedient and in the best interests of the Corporation;
RESOLVED, that the form, terms and provisions of the proposed Master Sale and
Purchase Agreement (the "Purchase Agreement") by and among the Corporation, thje Filing
Subsidiaries and Vehicle Acquisition Holdings LLC., in substantially the form reviewed by
the Board, are hereby approved, and the sate of substantially all of the assetsi~ of the
Corporation set forth in the Purchase Agreement on the terms set forth in the Purchase
Agreement be, and hereby is, authorized and approved;
RESOLVED, that each of the Proper Officers, or any of them, is hereby authorized
and directed to execute and deliver the Purchase Agreement, with such changes th~rein or
revisions thereto as the Proper Officer or Officers executing and delivering the same may in
his or their sole and absolute discretion approve consistent with these Resolutions ~'nd with
the advice of the Corporation's Legal Staff, and to cause the Corporation to carry !out the
terms and provisions thereof;
RESOLVED, that each of the Proper Officers, or any of them, is hereby authorized
and directed to approve, execute and deliver from time to time such amendments, c!~anges
or modifications to the Purchase Agreement as any such Proper Officer shall, consistent
with these Resolutions and with the advice of the Corporation's Legal Staff„ deem
necessary, proper or advisable;
RESOLVED, that if the Corporation determines no later than the due date (including
any extensions) of the Corporation's tax return for the taxable year in which tthe sale
contemplated by the Purchase Agreement is closed that an Agreed G Transaction (as
defined in the Purchase Agreement) has occurred, (i) the Purchase Agreement ~ will be
deemed to constitute a "plan" of the Corporation for purposes of Sections 368 and/ 354 of
the Internal Revenue Code of 1986, as amended (the "Tax Code"), and (ii) the Cor ~ oration
shall treat the transactions contemplated in the Purchase Agreement, in combinati n with
the subsequent liquidation of the Corporation and the Filing Subsidiaries (as define in the
Purchase Agreement), as a tax-free reorganization pursuant to Section 368(a)(1)(G) of the
Tax Code (with any actual or deemed distribution by the Corporation qualifying solel~r under
Sections 354 and 356 of the Tax Code but not under Section 355 of the Tax Code);
EXECUTION OF LOAN FACILITIES - U.S. AND CANADA
RESOLVED, that in connection with the commencement of the Chapter 11 ase by
the Corporation, each of the Proper Officers, or any of them, is hereby author~'~zed to
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negotiate, execute, deliver and cause the Corporation to perform its obligations under (i) a
secured superpriority debtor-in-possession credit agreement (the "Credit Agreement"),
among the Corporation, a debtor and debtor in possession under Chapter 11 of the
Bankruptcy Code, as borrower, certain subsidiaries of the Corporation listed then in, as
guarantors, the United States Department of the Treasury, as lender, and Export
Development Canada, as lender, substantially in the form and on the terms and co ditions
presented to the Board; (ii) one or more notes ("Notes") providing for loans under the Credit
Agreement in an aggregate principal amount not to exceed $65 billion plus the p~incipal
amount of any Additional Notes (as defined in the Credit Agreement), in each case t gether
with interest thereon at the rate specified in the Credit Agreement and (iii) th other
agreements contemplated by the Credit Agreement, including pledge agreements, ecurity
agreements, mortgages, financing statements and any other similar docum nts in
connection with granting a security interest in or a pledge of the Corporation's as ets as
collateral to secure the Obligations (as defined in the Credit Agreement) and an other
agreements or documents (the documents described in this clause (iii) collectively de cribed
herein as the "Other Financing Documents"), as any Proper Officer determines is nec ssary,
proper, or desirable to consummate the transactions contemplated by the Credit Agreement
and the Other Financing Documents, in each case consistent with these Resolutions and
the advice of the Corporation's Legal Staff, as evidenced by the execution thereof'~by the
Proper Officer;
RESOLVED, that each of the Proper Officers, or any of them, is hereby authorized to
grant a security interest in and pledge assets as collateral under the Guaranty and Security
Agreement, the Equity Pledge Agreement and each Other Financing Document to which the
Corporation is party;
RESOLVED, that the Board sees no objection to the issuance by all or any of the
direct or indirect subsidiaries of the Corporation of guarantees of the Obligations nd the
granting of a security interest in or the pledge of any assets by such subsidiaries as
collateral to secure the Obligations by entering into the Guaranty and Security Agr ement
and the Equity Pledge Agreement, in each case substantially in the form reviewed by the
Board, together with the Other Financing Documents to which such subsidiary is part ;
RESOLVED, that the Board sees no objection (a) to the execution and delive by
GMCL of an amended and restated loan agreement with Export Development Canad~
("EDC") as lender (the "Canadian Credit Agreement") amending the loan agreement
between GMCL and EDC, among other parties, dated as of April 29, 2009 (the "April ~DC
Credit Agreement") or (b) to the provision of secured guaranties of certain obligations f
GMCL under the Canadian Credit Agreement to be given by 1908 Holdings Limited,
Parkwood Holdings Limited, and GM Overseas Funding LLC, each of which is a direc>~ or
indirect subsidiary of GMCL; i
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RESOLVED, that the Corporation's guarantee of certain obligations of GMCL '.under
the Canadian Credit Agreement secured by the pledge of some or all of its ownership
interest in GMCL is approved on terms to be approved by the CFO, which may includ the
Corporation's participation in the Canadian Credit Agreement as a borrower, consiste t with
the advice of the Corporation's Legal Staff; ',
RESOLVED, that the Corporation's guarantee of GMCL's obligations under th,~ April
EDC Credit Agreement as approved at the meeting of the Board on April 24, 2009 wil
continue to be valid, binding and enforceable until the effectiveness of the Canadian redit
Agreement, and in connection with the foregoing, the Proper Officers, or any Proper fficer,
is authorized to execute and deliver a Confirmation and Acknowledgment (the
"Acknowledgment") stating that the April EDC Credit Agreement may be modified or ~!,
supplemented by EDC and GMCL without the Corporation's participation;
RESOLVED, that the Proper Officers, or any Proper Officer, is hereby authorised to
execute and deliver the guaranty and any other agreements or documents to which the
Corporation is a party or to take any other actions that he determines are necessary, ',
appropriate or advisable to consummate the transactions contemplated by the Canadian
Credit Agreement;
GENERAL AUTHORIZATION AND RATIFICATION
RESOLVED, that each Proper Officer is authorized and directed, consist nt with
these Resolutions and with the advice of the Corporation's Legal Staff: (i) ton otiate,
execute, deliver, certify, file and/or record, and perform, any and all of the agre ments,
documents, and instruments referenced herein, and such other agreements, doc ments,
and instruments and assignments thereof as may be required or as such Proper' Officer
deems appropriate or advisable, or to cause the negotiation, execution, and delivery hereof,
as the case may be, in such form and substance as such Proper Officer may a prove,
together with such changes and amendments to any of the terms and conditions th reof as
such Proper Officer may approve, (ii) to negotiate, execute, deliver, certify, file, and/or
record, and perform any agreements, documents, certificates, consents, filin s, and
applications relating to the Resolutions adopted and matters ratified or approved her in and
the transactions contemplated thereby, and amendments and supplements to an of the
foregoing, and to take such other action as may be required or as such Proper Officer
deems appropriate or advisable in connection therewith, and (iii) to do such other t ings as
may be required, or as may in such Proper Officer's judgment be necessary, pr per, or
desirable, to carry out the intent and effectuate the purposes of the Resolutions adop ed and
matters ratified or approved herein and the consummation of the transactions Conte plated
hereby; and
RESOLVED, that all actions taken by the Proper Officers, or any of them, pri r to the
date of the foregoing Resolutions adopted at this meeting and within the authority co ferred,
are hereby ratified, confirmed, approved in all respects as the act and deed of the
Corporation. ',
Pg
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ASSISTANT SECRETARY'S CERTIFICATE
GENERAL MOTORS CORPORATION
May 31, 2009
As a duly elected and appointed Assistant Secretary of Qeneral Motors Corps tion, a
Delaware corporation (the "Corporation's I, Anne T. Larin, certify that a true and complete y of
resolutions duly adopted by the Board of Directors of the Corporation on May 31, 2009 is a hed to this
Certificate and that such resolutions have not been modified, rescinded or amended and are n in full
force and effect.
1N WITNESS WIiEREOF, I have executed this certificate as of the date written abovg.
~~
Name: Anne T. Larin
Title: Assistant Secretary ',
,..
2~oq .s~~~~ ~ 2 ~~ i~~ i J
. tll~~
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