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Home My WebLink About06-2737 Kelly Ray & Sandra Louise Hockenberry, Administrator and Administratrix of Estate of Nathan M. Hockenberry, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : No. ()tJ~~731 cl,,;\--IerM v. : CIVIL ACTION - LAW : A.D. AM General, LLC and General Motors Corporation, Defendant PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and returned to Karl E. Rominger, Esquire at 155 South Hanover Street, Carlisle, Pennsylvania 17013 for private service on AM General, LLC and General Motors Corporation. Date:/lc,'j 12/2 oot Respectfully submitted, ROMINGER, BAYLEY & WHARE /~ ~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID #81924 Attorneys for Plaintiff WRIT OF SUMMONS To The Above Named Defendants: AM General, LLC 105 N. Niles Ave P.O. Box 7025 South Bend, IN 46617 General Motors Corporation 100-400 Renaissance Center East Jefferson Ave Detroit, MI 48243 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. f~ Date: ?rl"(j 1r.2 ,c9. 00 6 By: Deputy l,\ e s: -- ~ -ui:n f""'-J. ,...... ll'\. nlr;-j \'l;. n- ~ ;;;~r' "" . /~( __ ~~c: .J::: '" '< u ~ ....,,,,.,, ... .....s) ......, -;71,.,.. ~ -.i ~-:z (_.i ..s:J \ "'<;) Jo'c: - -.. ~ ~ ~ ....... ~ = """ :E ,... --< ~ N~e ~:D t;~ ~ -0 ::;J:: W ., c.n c::> . LAVIN, 'NEIL, RICCI, CEDRONE & DiSIPIO By: J seph E. O'Neil, Esquire Identific ion No.: 29053 By: ary Grace Maley, Esquire Identific ion No. 37610 By: R bert J. Martin, Esquire Identific ion No. 45234 By: onica Proffitt Osborne, Esquire Identific tion No. 56229 190 No Independence Mall West Suite 50 , 6th and Race Streets Philadel hia, PA 19106 (215) 62 -0303 Attorneys for Defendant, General Motors Corporation & Sandra Louise Hockenberry, ator and Administratrix of Estate M. Hockenberry, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 06-2737 AM G ral, LLC and General Motors Corpora ion, Defendants NOTICE OF FILING NOTICE OF REMOVAL TO: arl E. Rominger, Esquire ominger & Whare 55 South Hanover Street arlisle, P A 17013 General, LLC 05 N. Niles Avenue .0. Box 7025 outh Bend, IN 46617 LEASE TAKE NOTICE that on June 21, 2006, defendant, General Motors Corpor tion, filed a Notice of Removal, a copy of which is attached hereto, of the above- ptioned litigation to the United States District Court for the Middle District of Pennsy ania . ou are also advised that General Motors Corporation, upon filing such Notice of in the Office of the Clerk of the United States District Court for the Middle District f Pennsylvania, also filed a copy thereof with the Prothonotary of the d COWlty Court of Common Pleas to effect removal, pursuant to 28 U.S.C. S 1446(d). DATE: LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO E23,2006 ~1~A)~ ~ Jos hE. O'N ., Esquire Mary Grace Maley, Esquire Robert J. Martin, Esquire Monica Proffitt Osborne, Esquire Attorneys for defendant, General Motors Corporation BY AM General, LLC 105 N. Niles Avenue P.O. Box 7025 South Bend, IN 46617 '- CERTIFICATE OF SERVICE e undersigned hereby certifies that a true and correct copy of General Motors Corporat on's Notice of Filing Notice of Removal was served on this 23rd day of June, 2006, vi U.S. Mail, postage pre-paid, on the following counsel of record.: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, P A 17013 V. .OI<lGI~ SIt ~.... I'MoWIMI.r: (PLACIi AN ,IN ON!! BOX OWI.Y) e.w-t _ 01- l-..s.6 hTlll 0" .......vr .t._....<:o.t &IoonIIII T...rc..cd.ftvna OJ __-.diKfiol l..m&l CCi M~lIidiRricl t..ll__ 1.ppl&l1e~ 01 ./Idplunt ,....... . e 1 :06-cv-01242-YK Document 1 Filed 06/21/2006 Page 1 of 1 1544 (Rev. 031\l9) CIVIL OOVER 8HUT Tbe.lS-4lI civil coveraheel KI ttw ~ cont8incrJ hcreI:n oehherreplaoenor IUppkmmt the tilhl'll'Id acrvtcea(pfcadmcs or 0Iher'PlOCl1" roquuw by laW,GC4\Illtll _;.I.. bylo<al ruloo of 1111. fonn,appmYOd by ....ludiclolCnn_ of1llc1.hlir.dSwa on S"f*l1lbcr 1974, ~ 'OIl."od !brill, ....ofdlO CJm; of COUll for Ihe ~.iritjliai ,... civi do,l"uhcet INmliCTIONS ON THl! lUlVl!RSE OF THE FORM. DIF&NDANTS Ooncro] Mom Cor_lion.... AM Geo"..II..I.C Mary~ Mal.,.. &qlJife JWb,rt J. Martin, esquirr MonlQ. Proffill OIbomc. L&~in. O'N-,l. ~\;ci. C ]90N.lndopondmc,Moll Phlladc.llplnl. PA 19106 (2IS) G27.0J03 lu~:nbeny, Adnrlnf&tnltor und Administtlx oflht <''OutrTY OF RR.'lmENCE OP PJIlST lJSTIID DEFllNPANT fle"'"4 Ml (IN \J.~. PI.AINTII'l' CASES 01'11. Y) NOTE, IN LAND CONDliMNATION CASES. USE nIB LOCA TJON OF TIlE 71V.Cr OF LAND ltlVOI. VOD ATTORNEYS (IP KNOWN) ., " P\.~ipio W. SllilC 500. 6. .nd Race SlretQ u. umq OF JUIUSDI ON (I'LA<:6-'N~)C"INOHBIQ"(Wl,Y) DL crrlZltNSHlP OFPRlNroAL PARTIIlS (PLACliAN "X"lNOWE BOX (por Di....Jly <.:ueo Only) ~QR PLAINTIFF ANDOllll FOP. Dlll'6NDANT 01 U.S.C",overnrnc'nt J"l.-intit't J Fode,,] Quem... pr~ Dll~ (U.s. Oov<mmcol NoUP>rty) m DllI' Cltip.orThisStalo DI O. 1rn:OIJIII"leolIH'Prin<ipllP'- 0< 0< of'BlWnss in 'I'his &I\c. 4 Oivenit)' CltizIn .of Anotht" s.~ 1812 02 IlIc:orporalod aNi PrInolpol PW:c 0' .. (lndil,;lltc <''hb:erWlip of ofBuaina. in AnodIcrSflrc Parties in 1tm\ Ul) CitiBn or!WbjecC of. DJ 03 PorciGR Nation O. [I' F.,.; Coon PUCE AN ,IN ONE !lOX ONL D'2. U.S. Orwern~t Oefcndmt IV,. :-IATIJRF. OFSVIT . ro 110 l...-re [J IX! 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C3"NlltIIVIhlllt CDlT......Lnd.. 161 HIA l31 llUlC"..1. ...... ....., DUO OIberP,rMlIl IOJ.~r D'''_=I'''' OUI t\II'Ie'AldIAJu lJ J60 UIk P-.I ............ Aa [lHJ D1WCJIH W(~ OI!llI&uaarak~IbII~ r~l')' CJI$~""'" C1lO_ O~ S3WTlIlIXV1 "" -....., hI_ D IU .~ (<<n\sn []IlIJ"""'IIIAUIMi&Itm C 1>> LIlMINpL CM4 Pnlrar4llua1iillAel ... -. FE L ,lXIU C.".......... 510 .....IIJ .0 _Aa ~...Aa -.. ClfO w...,LMNr . _rv.s.1'IUili OHa ,,"*lelFoc~ "" llr~O -"""" om 0lIwr4bor 0171 IJIS-nmU.-tJ 1JIIlIII.,..Ae.-1O 0""_ ""*' 8'S)~ \)t8,.-, u_ )fUS(:')fIQl) 09SU CWlit~)'ot 015'1 EnpLlC4ln.. $40 ~aO*r -"" __a 0..._ o I'.IU 0rMrac...,. A" VIT. HEQUESTI: IN CHUCKrPTHlSLCA (:OMrLAJN"f; C VKDII. '...c.p U a.us ACTJOI'; PIMA"" $ CM<k rESooIyl/d<_ ",,,,_'m' JURY DEMAND 0 va . NO VIn.RILATIW CASF.(ll) JFANY {h-...,.;r,_~. DOC'KET ~'?fUA nA1'E. )\Ine21,20(l6 JI'OIl orne., USJ: ONLY. RECBIPT , tDll1EDSTATESDISnuct IJRT AMOUNT APPI. VINe; tfP IUOOE Mh<.J.l= FQR THE'BASTERN DIS pttrpose of ~signment to ap Address of Plaintiff: Addr:ss of Defendant: Address of Defendant: UNITED STATES DISTRICT COURT CT OF PENNSYLV ANlA - DESIGNATION FORM to be used by counsel to indicate the category of the case for the priate calendar. Shi P n Ivania Detroi 4 4 4 Place of Accident, Incident 0 Transaction: West Pennsboro TownshiD. Cumberland County. Pennsylvania (Use Reverse Side For Additional Space) Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporation owning 10% or more of its stock? (Attach twocopi of the Disclosure StatementFonn in accordance with Fed.R.Civ.P. 7.1(a)) Yes 0 No 181 Does this case involve multi . strict litigation possibilities? RELATED CASE,IF ANY: Yes 0 No 181 Case Number: Civil cases are deemed relate when yes is answered to any of the following questions: Judge: Date Tenninated: 1. Is this case relat to property included in an earlier numbered suit pending or within one year previously tenninated action in this court? YesO Nol8I 2. Does this case in lve the same issue of fact or grow out of the same transaction as a prior suit pending or within one year previously temrinated action in this cou ? Yes 0 No 181 3. Does this case in lve the validity or infringement of a patent already in suite or any earlier numbered case pending or within one year previously tenninated action n this court? Yes 0 No 181 CIVIL: (place 181 in ONE C TEGQRY ONLY) A. Federal Question B. Diversity Jurisdiction Cases: 1. 0 Indemnity Con act, Marine Contract, and All Other Contracts 2. 0 FELA 3. 0 4. 0 Antitrust S. 0 Patent 6. 0 Labor-Manag 7. 0 Civil Rights 8. 0 Habeas Corpus 9. 0 Securities Act( ) Cases 10. 0 Social Securi Review Cases II. 0 All other Fed 1 Question Cases (Please specify I. 0 Insurance Contract and Other Contracts 2. 0 Aitplane Personal Injury 3. 0 Assault, Defamation 4. 0 Marine Personal Injury S. 0 Motor Vehicle Personal Injury 6. 0 Other Personal Injury (please specify): Negligence 7. 181 Products Liability 8. 0 Products Liability-Asbestos 9. 0 All other Diversity Cases (Please specify) I, o Relief other DATE: J ne21 2 ARBITRATION CERTIFICATION (Check "PP,..pmte Caugory) MI counsel of record do hereby certify: Civil Rule 53.2, Section 3(c)(2), that to the best of my knowledge and belief, the damages recoverable in this civil action case exclusive of interest and costs. monetary damages is sought. Marv Grace Malev Attorney -at-Law 37610 Attorney 1.0. # NO E: A trial de novo will be a trial by jury only ifthere has been compliance with F.R.C.P. 38. I certify that, to my knowled e, the within case is not related to any case now pending or within one year previously terminated action in this court except as noted above. DATE: J Mary Grace Malev. Esauire Attorney -at-Law 37610 Atlomey 1.0. # o Relief other t Marv Grace Malev Attorney -at.Law 37610 Attorney 1.0. # UNITED STATES DISTRICT COURT FOR THB liASTERN DIST CT OF PENNSYLVANIA - DESIGNA nON FORM to be used by counsel to indicate the category of the case for the pUrpose of assignment to a . ate calendar. Address of Plaintiff: hthadhi b vani Addltss of Defendant i MI4 4 Address of Defendant 105 N. Niles Aven e Place of Accident, Incident Transaction: West Pennsboro Townshin. Cumberland County. Pennsvlvania (Use Reverse Side For Additional Space) Does this civil action involv stock? (Attach two copi a nongovernmental corporate party with any parent corporation and any publicly held cooporation owning lOOfo or more of its of the Disclosure Statement Form in accordance with Fed.RCiv.P. 7.1(a)) Yes 0 No 181 Does this case involve multi istrict litigation possibilities? RELATED CASE. IF ANY: YesO Nol8I Case Number: Judge: Date Terminated: Civil cases are deemed reta when yes is answered to any of the following questions: 1. Is this case relate to property included in an earlier numbered suit pending or within one year previously terminated action in this court? YesO Nol8I 2. Does this case in oIve the same issue of fact or grow out of the same transaction as a prior suit pending or within one year previously tenninated action in this cou ? Yes 0 No 181 3. Does this case in olve the validity or infringement of a patent already in suite or any earlier numbered case pending or within one year previously tenninated action in this court? Yes 0 No 181 CIVIL: (Place 181 in ONE C TEGORY ONLY) A. Federal Question B. Diversity Jurisdiction Cases: 1. 0 ct, Marine Contract, and All Other 1. 0 Insurance Contract and Other Contracts 2. 0 Airplane Personal Injury 2. 0 FELA 3. 0 Assault, Defamation 3. 0 allnjury 4. 0 Marine Personal Injury 4. 0 Antitrust 5. 0 Motor Vehicle Personal Injury 5. 0 Patent 6. 0 Other Personal Injury (please specify): Negligence 6. 0 Labor.Manag 7. 181 Products Liability 7. 0 Civil Rights 8. 0 Products Liability-Asbestos 8. 0 Habeas Corpu 9. 0 All other Diversity Cases 9. 0 Securities Act( ) Cases (Please specify) 10. 0 Social Securi Review Cases 11. 0 1 Question Cases ARBITRATION CERTIFICATION (Check appropriate Category) I, eM 1 . counsel of record do hereby certifY: . Pursuant to Loc Civil Rule 53.2, Section 3(c)(2), that to the best of my knowledge and belief, the damages recoverable in this civil action case exceed the sum of $150,000. exclusive of interest and costs. DATE: Jun 21 2 : A trial de novo will be a trial by jury only if there has been compliance with F.R.C.P. 38. I certify that, to my knowled e, the within case is not related to any case now pending or within one year previously tenninated action in this court except as noted above. DATE: Jun Marv Grace Malev. Esauire Attorney -at-Law 37610 Attorney 1.0. # . IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KELLY Y & SANDRA LOUISE HOCKE ERRY, Administrator and Administratrix of the EST TE OF NATHAN M. HOCKENBERRY AM GE CORPO v. RAL LLC and GENERAL MOTORS TION CIVIL ACTION NO: CAsE MANAGEMENT TRACK DESIGNATION FORM In accordan with the Civil Justice Expense and Delay Reduction Plan of this court, counsel for plaintiff shall comple e a Case Management Track Designation Form in all civil cases at the time of filing the complaint serve a copy on all defendants. (See ~ 1:03 of the plan set forth on the reverse side of this form.) In th event that a defendant does not agree with the plaintiff regarding said designation, that defendant sh with its first appearance, submit to the clerk of court and serve on the plaintiff and all other parties, a cas management track designation form specifying the track to which that defendant believes the case should e assigned. (Civ. 660) E OF THE FOLLOWING CASE MANAGEMENT TRACKS: (a) Habeas Corpus --- Cases brought under 28 US.c. ~2241 through ~2255. ( ) (b) Social Security - Cases requesting review of a decision of the Secretary of Health and Human Services denying plaintiff Social Security Benefits. Arbitration --- Cases required to be designated for arbitration under Local Civil Rule 8. ( ) ( ) (c) (d) Asbestos --- Cases involving claims for personal injury or property damage from exposure to asbestos. ( ) (e) Special Management on Cases that do not fall into tracks (a) through (d) that are commonly referred to as complex and that need special or intense management by the court. (See reverse side of this form for a detailed explanation of special management cases.) Standard Management --- Cases that do not fall into any one of the other tracks. ( X ) ( ) (f) /Vt~~~ General Motors Corporation MOTORS CORPORATION AND AM LLC CIVIL ACTION NO: UNITED STATED DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA . Y & SANDRA LOUISE HOCKE ERRY, ADMINISTRATOR AND ADMINIS RATRIX OF THE ESTATE OF NATHAN . HOCKENBERRY v. DISCLOSURE STATEMENT FORM Please che one box: . The nongovernmental corporate party, General Motors Corporation, in the above listed civil action does not have any parent corporation and publicly held corporation that owns 10% or more of its stock. o The nongovernmental corporate party, , in the above listed civil action has the following parent corporation( s) and publicly held corporation(s) that owns 10% or more of its stock: /Y7(J' ~O-<A ~ Signature Counsel for: General Motors Corporation Federal R Ie of Civil Procedure 7.1 Disclosure Statement (a) WHO MUST FILE: NONGOVERNMENTAL CORPORA1E PARTY. A nongovernmental corporate p y to an action or proceeding in a district court must file two copies of a statement that identi es any parent corporation and any publicly held corporation that owns 10% or more of its stock r states that there is no such corporation (b) TIME FOR FILING; SUPPLEMENTAL FILING. A party must: (I) file the Rule 7.I(a) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon any change in the information that the statement requires. 907189vl cneral LLC and al Motors Corporation NO. t 1 Fl'led 06/21/2006 Page 1 of 5 C se 1:06-cv-01242-YK Documen . UNITED STATES DISTRICT COURT FOR TIfR MIDDLE DISTRICT OF PENNSYl.. VANIA Kel Ray & Sandra Louise Hoc enbeny, Administrator and Ad inistratrix of Estate of N an M. Hockenberry CIVIL ACTION ys. NOTICE OF REMOV AL THE HONORABLE CHmF JUDGE AND JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTlUCT OF PENNSYLVANIA General Motors Corporation, the defendant in the above-captioned action, hereby files this Notice of Removal of this action from the Cumberland County Court of on Pleas to the United StIll:ea District Court for the Middle District of ylvania, pursuant to 28 U.S.C. ~ 1441 and, in support tnerl:Of, avers as folloWS: A civil action Wall commenced by Writ of Summons filed in the Court of on Pleas of Cumberland County, PCI1IlSylvanill, on or about May 12, 2006. KeJ1y d Sandra Louise Hock.enberry, Administrator and Administratrix of Estate of M. Hockenberry are the plaintiffs, and AM General LLC and General Mote\'ll tion are tbc named defendants. A copy of (ne Praecipe for Writ of Summons is c attach d as Exhibit A. 2. The Writ of Summons was served on removing defendlll\t, General Motors Corpo tion, on May 26, 2006. . This cause of action arises out of an automobile accident that allegedly occurre on May 14, 2004 in West Pennsboro Township, Cumberland County, Pennsyl ania. The amount in controversy is in excess of $75,000. Upon information and e Complaint, when filed, will allege claims under Pennsylvania's Wrongful ct and the Survival Act on behalf ofthe Estate of Nathan M. Hockenberry. At the commencement of this action, plaintiffs, Kelly Ray and Sandra ockenberry, were Administrator and Administratrix, respectively, of the Estate an M. Hockenberry, deceased. (See Order by the Register of Wills of Cumb land County, Pennsylvania herewith as Exhibit B.) According to plaintiffs' moving papers filed with the Register of Wills of Cumbe land County on May 28, 2004, Kelly Ray and Sandra Louise Hockenberry are adult i ividuals living and residing at 15 Rehobeth Road, Shippensburg, Cumberland County Pennsylvania. As of May 12, 2006, the date this civil action was commenced, Kelly Ray dra Louise Hockenberry, were residents of Cumberland County, Pennsylvania. of Exhibit C, Plaintiffs' Complaint against West Pennsboro Township and the Dep ent of Transportation of the Commonwealth of Pennsylvania which was filed in of Common Pleas of Cumberland County, Pennsylvania on May 12, 2006.) Defendant, General Motors Corporation, is now and was at the cement of this action, incorporated under the laws of the State of Delaware, and maintai s its principal place of business in Detroit, Michigan. O. This action is one over which the Court has original jurisdiction under the provisi ns of 28 U.S.C. S 1332, and is one which may be removed to this Court pursuant to 28 U S.C. sI441,etseq. 1. This Notice is filed within the time for removal set forth in 28 U.S.C. ), inasmuch as thirty (30) days have not passed since receipt by the noticing party of a pIe ing from which it may first be ascertained that the case is one that is removable. 2. Written Notice of Removal has been given to opposing counsel and all unrepre ented parties as required by 28 U.S.C. SI446(b). 3. A true and correct copy of this Notice will be promptly filed with the otary of the Court of Common Pleas of Cumberland, Pennsylvania, as provided by 28 .S.C. SI446(d). 4. A true and correct copy of the State Court docket as well as all process, pleadin s, and orders served upon defendant in this action are attached. . EREFORE, defendant, General Motors Corporation, effects removal of this case fr m the Court of Common Pleas of Cumberland County, Pennsylvania, to the United tates District Court for the Middle District of Pennsylvania. i . Defendant, AM General LLC, is now, and was at the commencement of this act' n, a limited liability company organized and existing under the laws of the State are, and maintains its principal place of business in the State of Indiana. See Exhibit , Date: Lavin, O'Neil, Ricci, Cedrone & DiSipio BY: Mary Joseph . O'Neil, Esquire Robert J. Martin, Esquire Monica Proffitt Osborne, Esquire Attorneys for Defendant, General Motors Corporation BY: CERTIFICATE OF SERVICE I, Monica Proffitt Osborne, Esquire, do hereby certify that I have served a true ect copy of a Notice of Removal, upon all counsel of record and unrepresented parties y United States Postal Service First Class Mail, postage prepaid, as follows: Karl E. Rominger, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff AM General LLC 105 N. Niles Avenue South Bend, Indiana 46617 Lavin, O'Neil, Ricci, Cedrone & DiSipio Dated: une 21, 2006 . Template: Civ I Docket# 06-2737 Plaintiff HOCKENBE RY KELLY RAY Defendant AM GENERA LLC Term Civil Case Type WRIT OF SU Date 5/12/2006 Plaintiff2 HOCKENBE RY NATHAN M ESTATE OF Plaintiff3 Plaintiff4 Plaintiff5 Plaintiff6 Plaintiff7 Plaintiff8 Plaintiff9 Plaintiff10 Plaintiff11 Plaintiff12 Plaintiff13 Plaintiff14 Plaintiff15 Plaintiff16 Plaintiff17 Plaintiff18 Plaintiff19 Plaintiff20 Page 1 of 1 Help I logol Iii page~ Of2. I!I ~ 12 #; 0 Ii) 1~2~." Pages l~.....1 to[ ProthonotaryJ> Civil Dockets> 2006 Dockets> 06- 2701 thru 06- 2800 > 08-2737 Kolly Ray "Sanob Lou Hocklmbotry, AdAlilll.....lOl'w1 AcImi~ "_"'.1 .NodIon M, H........,., I'loll1Ufr : IN 'l'llECOURTOFOOMMON l'L : CtlMBllllLAND COUNTY. P A : ~O, {J"'~'Hi (:l~,l- .. : CMLACI'lON. LAW :A,D. AMOmml,l.Lcand Gooeqj M_ CoopoftllOll, ~ 'PI! .l~PnIt W':ItTOIf .'l'LI"Lt'~ T.lIle~: l'lwt II... . wrll of IUlllllIOllllrllJJe IIDove Q&l,ldD6 Ktlon. Wm ofSlllll_...hallllo.lloaed. IlllllIOCllOlllll t. x..tl. ~. Bolllll iJalI....Slrt~ Culllle, p""",)'I\'IlI1& I'IOU lbr poMlo -*>> OIl AJot[[)ooorol, i o..-l1'dol1llt Co<para.lbm, 0a"':/1~,/ Il/ 1. ('.lot ltapeotilJJly..-~ JWJ.aNomt, BAnBY" \l 7- . KId. II. ""'''''''r. lloq.... 155_~5aut CuIlIle, i'A 17013 ('In) 241~70 SllJIl'O"" c"lUt II) 11181~ ~ for PWlIIIft' "'lTnIt.,~ 1'bThoAlIaYfN~~": .....l.Hliillllll.u.c GononlMoto lOSN,N'dOlA", .t~Jlmoj p,O, 1m '/023 . II...'....... SoulI& lIal4, IN 46611 DeIn!ll, MI41 YO'll ABN01:'U'IIIJ) THAT'lDABCJVB.NAMIlD P'lADmJ'PHAI OO~DAN ACI'lON AOAINST.'\'cO'. A/)' !!Il:l 0..." ?11~ /.J. ,Jdo' Ily: DIpUlf' Powered by Laserflche WebLlnk version 7.0.4. Laserflche is a registered trademark of Compultnk Management Center, Inc. This copy is registered to: County of Cumberland - Commissioners http://records.cpa.net/we blink_ ext/ doc view .aspx?id=693 8 5 6/21/2006 To The ve Named Defendants: AM General, LLC 105 N. Niles Ave P.O. Box 7025 South Bend, IN 46617 General Motors Corporation .100400 Renaissance Center East Jefferson Ave Detroit, MI 48243 '. & Sandra Louise rry, Administrator and trix of Estate of . Hockenberry, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : No. () u ' J. 7"5 i Cl ,,;\ -Ie("N\ v. : CIVIL ACTION - LA VI : A.D. AM 0 raI, LLC and General Motors orporation, Defendant PRARC'IPR FOR WRIT OF SUMMONS To the ease issue a writ of summons in the above captioned action. tit of Summons shall be issued and returned to Karl E. Rominger, Esquire at 155 South Hanov Street, Carlisle, Pennsylvania 17013 for private service on AM General, LLC and General otors Cozporation. Date) 4'1 12; 1. 00' Respectfully submitted, ROMINGER, BAYLEY & WHARE ;7~ ~ Karl E. RominSM'. Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241.6(17O Supreme CoUrt ID #81924 Attorneys for Plaintiff WRIT OF SUMMONS CO OU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS NCED AN ACTION AGAINST YOU. (I~ "(j 1,.2 ,J.M6 By: Date: Deputy . ~ ~. ~ . ,~~ TO. ~ V\ ~1j...\... ~\ ~~. ~cP ~ ~ V\"'c -' -- . -s ..t:. .v\ ~t r: 1 -.) -"" 0 ~(;: o;s:. ..D -\ '"'l:> "i-<~': 4? . - -" "'- ~ _ r- c:::> ~ I ~Xklh'lt A- .r KeUy Ray Hockenb Admirli .Nathan M. Sandra Louise , Adininisttator and . ofBstate of ockenbeay, Plaintiff : IN THE COURT OF COMMON PLEAS . : CUMBERLAND COUNTY, PA No. Of:,~ .1. 7!.. 7 CI,J, I +UfO\ v. E.~ :J2~ 5! ~(;. -< ~~~ N I': ~ ~ ~. :C :A. AM Gen , LLC and General MotorS Co ration. Defendant To the Pro issue a wtll: of sutnmOllS in the above captioned action W:' of Summons shall be issued and returned to Karl B.ltoro.inger, Esquire at 155 South Hanover S . C~l'tll$le, Pennsylvania 17013 for private service 011 AM. Genetal, LLC and General M tors Corporation. Date: i7.. . I "-;. (L, / . . Z'.uO~ Respect:ft1lly submitted, ROMINGER, BAYLEY & ~ .? ...: Karl E. Romlnger, Esquire 155 South Hanover Street Car.Iisle, PA 17013 (711) 241-6070 Suprem~ Court ID #81924 Attorneys for Plaintiff L.J. H FFMAN Authorize Agent For Process-GM ~,O..Detroft ~y Usa offman WRIT OF SUMMONS To The Aba . Named Defendants: Al4 General, LLC 105 N..Niles Ave P.O. Box 7025 South Bend, m 46617 General Motors ColpOl'ation . 100-400 R""Alqance Center East Jeffers'on Ave Detroit, MI 48243 YO ARE NO'l:J1<mD THAT THE ABOVE.NAMED PLAlNTIFF HAS COMldEN P AN Acn~ AGAINST YOU. ~ Deputy . rfl ~iIJ ~~ g~ j -<: \ - . f~~\ b jt B Petitio er_ after a proper search ha,S:...... ascertained that decedent left no will and was survived by the folio 'ng spouse (if any) and heirs: Name Relationship Residence , A _. ~ 17~V( fl"r~ 17.r 1 r" -- Jr, .. ON FOR GRANT OF LETTERS OF ADMINISTRATION \\-OG~ No. ~ (>f) i -o{)l$"C> ~ To: Register of Wijls for /-he J f. County of (. "~~" In the Commonwealth of Pennsylvania Social ecurity No. etition of the undersigned respectfully represents that: petitioner(s);jvho is/are lS-years-ofageotold"et,llllp11 ",I R."r.... 4' . '" (d.b .; pendente lite; durante absentia; durante minoritate) the a e decedent. Dece dent was domiciled at death in . ( .,~ l.~ . County, ,~ennsYlvania, with last family or principal residence at ~ ~ ltI-J... re;f ~ .pIItAf;L. ~ 17d) 7 (lisl street. number and municipality) I <r years of age, died /II{ A. '1 /e( ,>9- .)oo.f, - for letters of adinlnistiition on the estate of Dece dent, then at t at death owned property with estimated values as folllows: (If do . ed in Pa.) All personal property (If not omiciled in Pa.) Personal property in Pennsylvania (If not miciled in Pa.) Personal property in County Value 0 reai estate in Pennsylvania situated as follows: c::. $ $ $ $ "r ". ~ ,'" THE ORE, petitioner(s) respectfully request(s) the grant of letters of administration in the appropria form to the undersigned. ~ ~ "'~ 'il W ",{ ].g ...'" ~" ~e: ElO ~ <;; ~_ ;1 ~t1'hjyJ(J- RD In Testimony wherof, I hereunto 8et my hand and the eeal ...-',. .. A TRUE COpy FROM RECORD In Testimony wherot, I hereunto set my hand and the seal ot said Court at Carlisle, PA This \3~ay CIe\'k of the Orphans Court Cumberland CoUn Cumberland County - Register Of Wills ~'~~/200~ PA File No 2104-00508 13411106132006 ROW621 File No 2004-00508 Decedent HO KENBERRY NATHAN RAY DIE Date No. Filed 001 OS/28/04 002 OS/28/04 003 09/01/04 Docket Entries TITION FOR GRANT OF LETTERS OF ADMINISTRATION TH OF PERSONAL REPRESENTATIVE TH CERTIFICATE T OF LETTERS OF ADMINISTRATION REMINDER LETTER MAILED TO PERSONAL REPRESENTATIVE 004 09/20/04 C RTIFICATION OF NOTICE UNDER RULE 5.6(A) 005 12/09/04 P TITION FOR APPROVAL OF SETTLEMENT 006 12/20/04 007 01/10/05 008 01/10/05 009 01/19/05 010 03/31/06 :>11 04/17/06 ER OF COURT - DATED 12-16-04 IN RE: PETITION FOR APPROVAL OF TTLEMENT A HEARING IS SCHEDULED FOR 1-5-05 @ 11:00 AM IN COURT- OM NO.5. BY THE COURT - EDWARD E GUIDO JUDGE F NAL ORDER AND NOW THIS 10TH DAY OF JANUARY 2005 IT IS HEREBY o ERED AND DECREED THAT THE SETTLEMENT IN THE AMOUNT OF ONE RED FIFTY FIVE THOUSAND DOLLARS IS GRANTED SEE FINAL ORDER TO T SEE DISTRIBUTION-SIGNED REMINDER LETTER MAILED TO ATTY & PERSONAL REPRESENTATIVE INCOMPLETE FILED .-- 1=-K~'\l h~ t L Pennsboto Township and ent of Transportation of the onwealth of Pennsylvania, Defendant : A.D. Kel y Ray & Sandla Louise H enberry, Administrator and A .. stratrix of Estate of Na M. Hockenberry, Plaintiff : IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PA : rh. Oil - ~1 11 Col.:.1 + crl'< v. : CML ACTION. LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set . forth in the following Complaint, you must take adion within twenty (20) days after this Com laint and Notice are served, by enterillg a written appeamnce pmonaUy or by attorney and . in writing with.theCourt your defenses or objeclioDs to the clainis set forth against you. You are warned that if you l3il to do so. the case may proceed without you and a j ent may be entered against you by the Court without tiuther notice for any money in the Complaint or for any other claim Ol: relief requested by the PlaintitT. You money'or property or other rights important to you. YOU SHOULD TAKE TInS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HA VB A LAWYER, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BEL W. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT G A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TInS MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT cms THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A CED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle. PA 17013 Phone: (717) 249-3166 AMERICANS WITH DISABn.lTIES ACT OF 1990 urt of Common Pless ofCumber1and COllJlty is required by law 10 comply witbthe . with Disabilities Act of 1990. For information about accessible &riljties and . Ie acoommodations available to disabled individuals havinl business before the co , please contact Ollr Office. Alllll'tllJlgtD1CllS must be made at lease 72 hours prior to any hearing or business before Ihe court. You must attend Ihe schedukd conference or hearing. Kel y Ray & Sandra Louise Ho kenberry, Administrator and A, ., stIatrlx of Estate of N M. Hockenberry, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PA v. : ~.tJr. ~ .;.711 ~ -r;;;....,.. : CML ACTION - LAW : A.D. Pennsboro Township and ent ofTransportation of the onwealth of Pennsylvania, Defendant COMPLAINT AND NOW comes the Plaintiff, KeUy Ray & Sandra Louise Hockenberry, A r and Administratrix of the Estate of Nathan M. Hockenberry, deceased, thro their attorney, Karl E. Rominger, Esquire, and for cause action against the 1. The P1aintiffs are Kelly Ray and Sandra Louise Hockenberry, Administrates of the Estate of Nathan M. Hockenberry, deceased, duly appointed by the Register of Wills of Cumberland County, Pennsylvania on May 28, 2004, and they bring these actions under and by virtue of Section 8301 (Wrongful Death) and 8302 (Survival Action) of the Judicial Code, 42 Pa. C.S.A. Section 101 et seq. 2. Plaintiffs are adult individuals living and relliding at IS Rehobeth Road, Cumberland County, Pennsylvania 17257. 3. Defendant, West Pennsboro Borough Township is a municipal entity in the Commonwealth of Pennsylvania and maintains an office at 2150 . Newville Road, Cumberland County, Pennsylvania 17241. '. 4. Defendant, Department of Transportation of the Commonwealth of Pennsylvania (hereinafter referred to as "PennDOT") is an agency of the Commonwealth of Pennsylvania and IIllIintains an office at the Keystone Building, 400 North Street, 91b Floor, Harrisburg, Pennsylvania 17101. 5. The decedent Nathan M. Hockenberry was, at all times relevant to this action, a resident of Cumberland County, Pennsylvania, residing at 15 Rehobeth Road, Sbippensburg, Cumberland County, Pennsylvania 17257 with his parents, Plaintiffs, Kelly Ray and SandIa Louise Hockenberry. 6. At. the time of his death on May 14, 2004, decendent, Nathan M. Hockenberry, was nineteen, having been born on February 22,1985. 7. Decedent did not, in his lifetime, bring an action against the Defendants for the injuries causing his death. 8. On May 14, 2004, at approximately 1:56 p.m., the decendent was operating a 2001 Chevrolet Blazer automobile owned by Barbara McMullen. 9. On said date and time, the said vehicle was being operated in a southerly direction on State Route 11 in West Pennsboro Township, Cumberland County, Pennsylvania, with the vehicle following the flow of traffic. 10. On said date and time, Darlene Hall was operating a 2003 Hummer H2 automobile in a westerly direction on State Route 233 in West Pennsboro Township, Cumberland County, Pennsylvania, near its intersection with State Route 11 a. In failing to place a traffic light at said in~tion; COUNT ONE-WRONGFUL DEATH ACTION Ray &. Sandra Louise enberry, Administrator and . . stratrix of Estate of M. Hockenberry, Plaintiff v. We Pennsboro Township, Defendant IS. Paragraphs 1 through 14 of Plaintiffs Complaint are incorporated by reference herein as if set forth in full. 16. The intersection of State Routes 11 and 233 bas been the site of numerous acCidents prior to the HockenberrylHall accident and had been the subject of traffic and/or engineering studies by Defendant, West Pennsboro Township, prior said accident. 17. Said intersection constitutes a dangerous and hazardous roadway of which Defendant, West Pennsboro Township, knew or had reason to know of prior to the occurrence of the accident which is the subject of this action. 18. Defendant, West Pennsboro Township, WlIS negligent in its ownership, custody, control and maintenance of the intersection of State Routes 11 and 233 in one or more of the following particulars: , b. In failing to properly and adequately design and maintain said intersection so as to assure that it was safe for motorists traveling thereon and c. In failing to warn motorists of the dangerous condition of said intersection. d. In removing or allowing to be removed rumble strips which guarded the entrance to the intersection and which would have warned Hall as she approached, that a dangerous intersection was ahead. 19. The negligence, carelessness and recklessness of Defendant, West Pennsboro Township, as described created a dangerous condition of Municipal-owned real estate and highways within purview of 45 Pa.C.S.A. 8522(4), at said intersection of which West Pennsboro Township had knowledge and/or notice prior to this accident. 20. Notice of this action, pursuant to statute, was timely provided to Defendant, West Pennsboro Township. (Attached lIS Exhibit "A") 21. As a result of the decedent's death, West Pennsboro Township, is liable for the following damages: a. Funeral expenses for decedent; b. Expenses of Administration relating to decedent's injuries; , c. Loss of the support, consortium, comfort, counsel, aid, association, care and services of the decedent sustained by his parerits, Kelly Ray and Sandra Louise Hockenberry and his daughter, Lariah-Ann Marie Wilson; and d. Such other damages as are permissible in a wrongful death action. Plaintiffs, Kelly Ray and Sandra Louise, Administrator and A . of the Estate of Nathan M. Hockenberry, demands judgment againsl the dant, West Pennsboro ToWnship, in an amount excess of the mandatory arbitration and costs of suit. '. COUNT TWG-SURVIV AL ACTION Kell Ray &. Sandra Louise Hoc enberry, Administrator and A 'x of Estate of N M. Hockenberry, Plaintiff immediately before the collision and the time of death; v. West Pennsboro Township, Defendant 22. Paragraphs I through 21 of the Plaintiffs Complaint are incorporated by reference herein as if set forth in full. 23. As a direct and proximate result of the aforesaid collision, Defendant, West Pennsboro Township, is liable to the Plaintiff for the following damages: a. Decedent's emotional distress between the time b. Decedent's pain and suffering from the ofhis injuries and the time of death; c. Decedent's future earnings and earning capacity during the period of his work life expectancy; d. Decedent's other financial losses suffered as a result of death; and e. Decedent's loss of enjoyment of life. v. REFORE, Plaintiffs, Kelly Ray and Sandra Louise, Administrator and . . stram of the Estate of Nathan M. Hockenberry, demands judgment against the Defi dant, West Pennsboro Township, in an amount excess of the mandatory arbitration Iimi and costs of suit. COUNT THREE-WRONGFUL DEATH ACTION Ray & Sandra Louise nberry, Administrator and 'x of Estate of M. Hockenberry, Plaintiff Dep ent ofTl'IIDllportation of the Co onwea1th of Pennsylvania, DefendaJ;rt 24. Paragraphs 1 through 23 of Plaintiffs Complaint are incorporated by reference herein as if set forth in full. . 25.. The intersection of State Routes II and 233 has been the site of numerous accidents prior to the Hockenberry/Ha1l accident and bad been the subject of traffic and/or engineering studies by Defendant, Department of Transportation of the Commonwealth of Pennsylvania, prior said accident. 26. Said intersection constitutes a dangerous and hazardous roadway of which Defendant, Department of Transportation of the Commonwealth of Pennsylvania, knew or bad reason to know of prior to the occurrence of the accident 'Which is the subject of this action. 27. Defendant, Department of Transportation of the Commonwealth of Pennsylvania, was negligent in its ownership, custody, control and maintenance of the intersection of State Routes 11 and 233 in one or more of the following particulars: a. In failing to place a traffic light at said intersection; b. In failing to properly and adequately design and maintain said intersection so as to assure that it was safe for motorists traveling thereon and c. In failing to warn motorists of the dangerous condition of said intersection. 28. The negligence, carelessness and recklessness of Defendant, Department . of Transportation of the Commonwealth of Pennsylvania, as described created a dangerous condition of Commonwea1th-owned real estate and highways within purview of 45 Pa-C.S.A. 8522(4), at said intersection of which Department of Transportation of the Commonwealth of Pennsylvania had knowledge and/or notice prior to this accident. 29. Notice of this action, pursuant to statute, was timely provided to Defendant, Department of Transportation of the Commonwealth of Pennsylvania. (Exhibit "A") 30. As a result of the decedent's death~ Department of Transportation of the Commonwealth of Pennsylvania, is liable for the following damages: e. Funeral expenses for decedent; f. Expenses of Administration relating to decedent's injuries; g. Loss of the support, consortium, comfort, counsel, aid, llSSOCiation. care and services of the decedent sustained by his parents, Kelly Ray and Sandra Louise Hockenberry and his daughter, Lariah.Ann Marie Wilson; and h. Such other damages as are permissible in a wrongful death action. FORE, Plaintiffs, Kelly Ray and Sandra Louise, Administrator and . stratrix of the Estate of Nathan M. Hockenberry, demands judgment against the t, West Pennsboro Township, in an amount excess of the mandatory arbitration COUNT FOUR-SURVIVAL ACTION Ray & Sandra Louise nberry, Administrator and .stratrix of Estate of M. Hockenberry, Plaintiff v. o ent of Transportation of the Co onwealth of Pennsylvania, Defendant 31. Paragraphs 1 through 30 of the Plaintiffs Complaint are incorporated by reference herein as if set forth in full. 32. As a direct and proximate result of the aforesaid collision, Department of Transportation of the Commonwealth of Pennsylvania, is liable to the Plaintiff for the following damages: f. Decedent's emotional distress between the time immediately before the collision and the time of death; g. Decedent's pain and suffering from the ofhis injuries and the time of death; h. . Decedent's future earnings and earning capacity during the period ofbis work life expectancy; i. Decedent's other financial losses suffe.red as a result of death; and j. Decedent's loss of enjoyment of life. Date: N~1 /21 ZdOt BY: 7 , .' " Defe dant, West Pennsboro Township, in an amount excess of the mandatory arbitration trix of the Estate of Nathan M. Hockenberry, demands jijdgment against the REFORE, Plaintiffs, Ke1\y Ray and Satldnt Louise, Administrator and Respectfully Submitted, ROMINGER &; WHARE Karl E. Rominger, Esquire Attorney for Plaintiffs Attorney 1.0. #81924 1 SS South Hanover Street Carlisle, PA 17013 (717) 241-6070 Date. L1 . ('f/2{ 2066 7 .- . Karl E. Rominger, Esquire Attorney for Plaintiff ., , " Kell Ray &. Sandra Louise Hoc enbe1Ty, Administrator and A nistra1rix of Estate of Na M. Hockenberry, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA v. : CIVIL ACTION. LAW West Pennsboro Township and ent ofTransportation of the Co onwealth of Pennsylvania, Defendant : A.D. ATIORNEY VERIFICATION KARL E. ROMINGER., ESQUIRE, states that he is the attorney for the Plaintiffs in thi action; that he makes this affidavit as attorney because he has sufficient knowledge or inf1 rmation and belief, based upon his investigation of the matters averred or denied in the fo going document; and that this statement is made subject to the penalties of 18 Pa. C.S. e.s. ~4904, relating to unsworn falsification to authorities. . . " .' ,~g~ LAW OFFICES lawtlromingerl .com www.romlngerl.com 1 SS SOU11-t HANOVER STREET CARLISLE. PENNSYLVANIA 17013 TEL: 717.241.6070 FAX: 717.241.6876 KARL E. ROMI GER, ESQ. MARK F. BAYl ,ESQ. MICHAEL J. W ARE, ESQ. July 26, 2004 FILE COpy W t PeMsboro Township of Supevisors 21 0 Newville Road C lisle, PA 17013 P ylvania Department of Transportation De ty Secretary for Highway Administration Ke stone Building, 400 North Street H 'sburg, PA 17120 RE: NATHAN HOCKENBERRRY DATE OF DEAm: MAY 14. %004 Board of Supervisors: This letter is to infonn you that we are representing the Estate of Nathan Hoc enberry who was tragically killed in a motor vehicle accident on May 14,2004, on the 'tner Highway in West PeMSboro Township in Cwnber1and County. We intend to nam all responsible parties in a lawsuit, and hereby give you notice that we believe you may an appropriate defendant. Therefore, consider this letter our six (6) month notice of our intent to bring any and I applicable causes of action in a Court of competent jurisdiction. Sincerely, --j ./ ~ Karl E. Rominger, Esquire KE cc. e of Nathan Hockenberry EXHIBIT "A" ADVOCACY - ADVICE - ANSWERS (') ~ ~ ~ ~ .,.. "'" -1.'\'1':'1 ~ ~~ T"oo ~ ~ rtH1't ~ .......". ~ ofor.+;' ~\ /' - ~ <1',."" r-> ~~~ ...<':~' ~ V\ c;:cJ - - ;;; ..- ,.,. %~~ 'e ~ ..J ..t.. c ~)..~ -:;:. ~ Yt::' - .,C) - =-I \. ..... '? .' ~ ~ ~ ~ ~ - ~ C"' C1' -Q ~ { :I:.. -4 ~ l - ~ " '"\ . ," THOMAS W. CORBETI. JR. Attorney General .' ... i .- .' Steven . Gould Senior eputy Attorney General Office f Attorney General Torts L tigation Section 15tl1 Fl r, StrawbelT)' Square Harris . PA 17120 Direct ial: 717-783-3105 E-Mail: s2ould.@.attomeYieneral.l!ov IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff CIVIL LAW v. WEST ENNSBORO TOWNSHIP and DEPAR NT OF TRANSPORTATION OF COMMONWEALTH OF PENNS LV ANIA NO. 06-2717 Defendants ENTRY OF APPEARANCE P ease enter my appearance on behalf of Defendant. Department of Transportation of the Commo ealth of Pennsylvania, in the above-captioned matter. Respectfully submitted. By: DATED: ay 24,2006 To Litigation Section 15th Floor, Strawberry Square H burg, PA 17120 717- 83-8035 - Direct Dial A~~ By' . STEVEN C. GOULD . #80156 Senior Peputy.Attomey General .. .~/ .., CERTIFICATE OF SERVICE I hereby certify that I am this day serving the Commonwealth Defendant'. En of Appearance upon the person(s) and in the manner indicated below; SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: W Pennsboro Borough Township 215 Newville Road Carl Ie, PA 17013 ..'"' . .' (") ~ q. c ~ ~. ~~ "",,0" :l!: fi,r' :.>' ........,:, ...: ~r ~ :-(; J ;l,~~" ,." I ':7tt;f~ ....., :.'):1) :P.;; :;!l; ,~.n ,<he .~n:i PI';: r:-? 9 ~ :- ~ .r;;- ;;<. - " , , . . Steven . Gould Senior puty Attorney General Office 0 Attorney General Torts Li gation Section 15m Flo , Strawberry Square Harrisb g, PA 17120 DirectDal: 717-783-3105 E-Mail: ould ttorne eneral. ov Y & SANDRA LOUISE ERRY, Administrator and atrix of ESTATE OF M.HOCKENBERRY Plaintiff v. SBORO TOWNSHIP and DEPAR ENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNS VANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL LAW NO. 06-2717 NOTICE TO PLEAD By: DATED: June 8, 2006 IFFS: OU ARE HEREBY REQUIRED to respond to the within Preliminary Objections within twenty ( 0) days of the date of service hereof or a default judgment may be entered against you. Respectfu1ly submitted, THOMAS W. CORBETI, JR. Attorney General . . t' , . [xl-tl b;+ D ..." . ' , UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Kelly Ray & Sandra Louise Hockenbe , Administrator and Administr trix of Estate of Nathan M Hockenberry CIVIL ACTION vs AM Gene al LLC and GENE MOTORS CORPORATION NO. AFFIDAVIT OF AM GENERAL LLC IN SUPPORT OF GENERAL MOTORS CORPORATION'S . PETITION FOR REMOVAL I, Kevin . O'Rear, being first duly sworn on oath, hereby depose and state: 1. I have personal knowledge of the facts contained in this Affidavit and could competently testify to these facts if called upon to do so in Court. 2. I am the Vice President and General Counsel of AM General LLC ("AM General"). I have held this position since November 2001. I am also the Secretary of AM General and am authorized to make this Affidavit on behalf of AM General. 3. AM General is a limited liability company organized and existing under the laws of Delaware, with its principal place of business in South Bend, Indiana. Further, affiant sayeth not. /4j~ Kevin D. O'Rear AM General LLC BY: State of diana ) ) County 0 St. Joseph ) Before m , the undersigned, appeared Kevin D. O'Rear, and he, being frrst duly sworn upon his oath, stated th the foregoing was true. ~/v1111L-- Erin M. Villeneuve, Notary Public Residing in St. Joseph County, Indiana ~\U.. 2-0 I "'2.-Qo (p ~ My comission expires: October :>, 2006 . . >: 0:, I C uJ (--'~ (p \j (=-,., I E-."~ 'c~ cri;~J o u- o ~'" ;:-, c'-' c") (,.;,~ ~_,o c :....") ,,-.':) , 'i~ .