0683260.01

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of 

court. This form, approved by the Judicial Conference of the Untied States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE 

INSTRUCTIONS ON THE REVERSE OF THE FORM.) 

I (a) PLAINTIFFS DEFENDANTS

RICHARD C. GEARINGER HONEYWELL INTERNATIONAL, F/K/A ALLIED SIGNAL, 

INC.,

Successor in interest to Bendix Corporation

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT MORRIS 

COUNTY, NJ

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NORTHAMPTON COUNTY NOTE: IN LAND CONDEMNATION CASES, USE THE 

LOCATION OF THE TRACT OF LAND INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN)

 George A. Weber, Esquire Rawle & Henderson LLP

Law Offices of Peter G. Angelos, P.C. The Widener Building

60 West Broad Street One South Penn Square

Suite 200 Philadelphia, PA 19107

Bethlehem, PA 18018

610-866-3333 (215) 575-4200

II. BASIS OF JURISDICTION (PLACE AN “X” IN ONE BOX ONLY) III. CITIZENSHIP OF PRINCIPAL PARTIES

(PLACE AN “X” IN ONE BOX

(For Diversity Cases Only) FOR PLAINTIFF AND ONE BOX FOR 

DEFENDANT)

9 1 U.S. Government X 3 Federal Question PTF DEF PTFDEF

Plaintiff (U.S. Government Not a Party) Citizen of This State 9 1 9 1 Incorporated or Principal Place 9 494

of Business in this State

9 2 U.S. Government 9 4 Diversity Citizen of Another State 9 2 9 2 Incorporated and Principal Place 9 595

Defendant (Indicate Citizenship of Parties in Item III) of Business in Another State

Citizen or Subject of a 9 3 9 3 Foreign Nation 9 696

Foreign Country

IV. ORIGIN (PLACE AN “X” IN ONE BOX ONLY) Appeal to District

 Transferred from Judge from

9 1 Original X 2 Removed from 9 3 Remanded from 9 4 Reinstated or 9 5 another district 9 6 Multidistrict 9 7

Magistrate

Proceeding State Court Appellate Court Reopened (specify) Litigation Judgment

V. NATURE OF SUIT (PLACE AN “X” IN ONE BOX ONLY)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

9 110 Insurance PERSONAL INJURY PERSONAL INJURY 9 610 Agriculture 9 422 Appeal 9 400 State

9 120 Marine 9 310 Airplane 9 362 Personal Injury-- 9 620 Other Food&Drug 28 USC 158

Reapportion

ment

9 130 Miller Act 9 315 Airplane Product Med Malpractice 9 625 Drug Related 9 423 Withdrawal 9 410 Antitrust

9 140 Negotiable Instrument Liability 9 365 Personal Injury-- Seizure of Prop- 28 USC 157 9 430 Banks and 

Banking

9 150 Recovery of Overpayment 9 320 Assault, Libel & Product Liability erty 21, USC 881 PROPERTY RIGHTS 9 450

Commerce/I

CC 

Rates/etc.

& Enforcement of Slander 9 368 Asbestos Personal 9 630 Liquor Laws 9 460 Deportation

Judgment 9 330 Federal Employers’ Injury Product 9 640 R.R. & Truck 9 820 Copyrights 9 470 Racketeer 

Influenced 

and

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 1 of 16
0683260.01

9 151 Medicare Act Liability Liability 9 650 Airline Regs 9 830 Patent Corrupt 

Organization

s

9 152 Recovery of Defaulted 9 340 Marine 9 660 Occupational 9 840 Trademark 9 810 Selective 

Service

Student Loans 9 345 Marine Product PERSONAL PROPERTY Safety/Health 9 850

Securities/Co

mmodities/

(Excl. Veterans) Liability 9 370 Other Fraud 9 690 Other SOCIAL SECURITY Exchange

9 153 Recovery of Overpayment 9 350 Motor Vehicle 9 371 Truth in Lending LABOR 9 875 Customer 

Challenge

of Veteran’s Benefits 9 355 Motor Vehicle 9 380 Other Personal 9 861 HIA (1395ff) 12 USC 

3410

9 160 Stockholders’ Suits Product Liability Property Damage 9 710 Fair Labor 9 862 Black Lung (923) 9 891 Agricultural 

Acts

9 190 Other Contract 9 360 Other Personal 9 385 Property Damage Standards Act 9 863 DIWC/DIWW (405(g)) 9 892 Economic 

Stabilization 

Act

9 195 Contract Product Liability Injury Product Liability 9 720 Labor/Mgmt. 9 864 SSID Title XVI 9 893

Environment

al Matters

Relations 9 865 RIS (405(g)) 9 894 Energy 

Allocation 

Act

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 9 730 Labor/Mgmt. 9 895 Freedom of

Reporting & FEDERAL TAX SUITS Information 

Act

9 210 Land Condemnation 9 441 Voting 9 510 Motions to Vacate Disclosure Act 9 870 Taxes (U.S. Plaintiff 9 900 Appeal of 

Fee 

Determina9 220 Foreclosure 9 442 Employment Sentence 9 740 Railway Labor or Defendant) tion Under 

Equal 

Access

9 230 Rent Lease & Ejectment 9 443 Housing/ 9 530 Habeas Corpus Act 9 871 IRS - Third Party to Justice

9 240 Torts to Land Accommodations 9 540 Mandamus & Other 9 790 Other Labor 26 USC 7609 9 950

Constitutiona

lity of

9 245 Tort Product Liability 9 444 Welfare 9 550 Civil Rights Litigation State 

Statutes

9 290 All Other Real Property 9 440 Other Civil Rights 9 791 Empl. Ret. Inc. X 890 Other 

Statutory

Security Act Actions

VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. 

DO NOT CITE JURISDICTION STATUTES UNLESS DIVERSITY.) 

28 USC §1452(A) §1334(B) and Federal Bankruptcy Rule 9027

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ Check YES only if demanded in complaint:

COMPLAINT: 9 UNDER F.R.C.P. 23 JURY DEMAND: 9 YES 9 NO

VIII. RELATED CASE(S) IF ANY (See Instructions): JUDGE N/A DOCKET NUMBER N/A

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT #_______________ AMOUNT________________ APPLYING IFP________________ JUDGE ________________ MAG. JUDGE 

________________

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 2 of 16
0683260.01

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA — DESIGNATION FORM to be used by counsel to indicate the 

category of the case for the purpose of assignment to appropriate calendar.

Address of Plaintiff: Richard C. Gearinger, Sr., 902 Butler Rd., Easton, PA 18042 

Address of Defendant: Honeywell International, f/k/a Allied Signal, Inc., Columbia Road and Park Avenue, 

Morristown, New Jersey 07962 

Place of Accident, Incident or Transaction: Asbestos Exposure in Pennsylvania and elsewhere 

(Use Reverse Side For Additional Space)

Does this case involve multidistrict litigation possibilities? Yes X No G

RELATED CASE IF ANY

Case Number: N/A Judge N/A Date Terminated: N/A 

Civil cases are deemed related when yes is answered to any of the following questions:

1.Is this case related to property included in an earlier numbered suit pending or within 

one year previously terminated action in this court?

1. Yes G No G

2.Does this case involve the same issues of fact or grow out of the same transaction as a 

prior suit pending or within one year previously terminated action in this court?

3. Yes G No G

4.Does this case involve the validity or infringement of a patent already in suit or any 

earlier numbered case pending or within one year previously terminated action in this 

Court?

5.

Yes G No G

CIVIL: (Place : in ONE CATEGORY ONLY)

A. Federal Question Cases: B. Diversity Jurisdiction Cases:

1. G Indemnity Contract, Marine Contract, and All Other Contracts 1. G Insurance Contract and Other Contracts

2. G FELA 2. G Airplane Personal Injury

3. G Jones Act—Personal Injury 3. G Assault, Defamation

4. G Antitrust 4. G Marine Personal Injury

5. G Patent 5. G Motor Vehicle Personal Injury

6. G Labor-Management Relations 6. G Other Personal Injury (Please specify)

7. G Civil Rights 7. G Products Liability

8. G Habeas Corpus 8. G Products Liability—Asbestos

9. G Securities Act(s) Cases 9. G All Other Diversity Cases (Please specify)

10. G Social Security Review Cases

11. X All other Federal Question Cases (please specify) 28 USC §1452, 1334(b); Bankruptcy Rule 9027(a)(3) 

ARBITRATION CERTIFICATION

(Check appropriate Category)

I, Peter J. Neeson, Esquire , counsel of record do hereby certify:

 X Pursuant to Local Civil Rule 8, Section 4(a)(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;

G Relief other than monetary damages is sought.

DATE: Peter J. Neeson, Esquire 27601 

 Attorney-at-Law Attorney I.D. #

NOTE: 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 knowledge, 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: 27601 

 Attorney-at-Law Attorney I.D. #

CIV. 609(9/99)

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 3 of 16
0683260.01

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA — DESIGNATION FORM to be used by counsel to indicate the 

category of the case for the purpose of assignment to appropriate calendar.

Address of Plaintiff: Richard C. Gearinger, Sr., 902 Butler Rd., Easton, PA 18042 

Address of Defendant: Honeywell International, f/k/a Allied Signal, Inc., Columbia Road and Park Avenue, 

Morristown, New Jersey 07962 

Place of Accident, Incident or Transaction: Asbestos Exposure in Pennsylvania and elsewhere 

(Use Reverse Side For Additional Space)

Does this case involve multidistrict litigation possibilities? Yes X No G

RELATED CASE IF ANY

Case Number: N/A Judge N/A Date Terminated: N/A 

Civil cases are deemed related when yes is answered to any of the following questions:

6.Is this case related to property included in an earlier numbered suit pending or within 

one year previously terminated action in this court?

1. Yes G No G

2.Does this case involve the same issues of fact or grow out of the same transaction as a 

prior suit pending or within one year previously terminated action in this court?

3. Yes G No G

4.Does this case involve the validity or infringement of a patent already in suit or any 

earlier numbered case pending or within one year previously terminated action in this 

Court?

5.

Yes G No G

CIVIL: (Place : in ONE CATEGORY ONLY)

A. Federal Question Cases: B. Diversity Jurisdiction Cases:

1. G Indemnity Contract, Marine Contract, and All Other Contracts 1. G Insurance Contract and Other Contracts

2. G FELA 2. G Airplane Personal Injury

3. G Jones Act—Personal Injury 3. G Assault, Defamation

4. G Antitrust 4. G Marine Personal Injury

5. G Patent 5. G Motor Vehicle Personal Injury

6. G Labor-Management Relations 6. G Other Personal Injury (Please specify)

7. G Civil Rights 7. G Products Liability

8. G Habeas Corpus 8. G Products Liability—Asbestos

9. G Securities Act(s) Cases 9. G All Other Diversity Cases (Please specify)

10. G Social Security Review Cases

11. X All other Federal Question Cases (please specify) 28 USC §1452, 1334(b); Bankruptcy Rule 9027(a)(3) 

ARBITRATION CERTIFICATION

(Check appropriate Category)

I, Peter J. Neeson, Esquire , counsel of record do hereby certify:

 X Pursuant to Local Civil Rule 8, Section 4(a)(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;

G Relief other than monetary damages is sought.

DATE: Peter J. Neeson, Esquire 27601 

 Attorney-at-Law Attorney I.D. #

NOTE: 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 knowledge, 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: 27601 

 Attorney-at-Law Attorney I.D. #

CIV. 609(9/99)

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 4 of 16
0683260.01

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CASE MANAGEMENT TRACK DESIGNATION FORM

 

RICHARD C. GEARINGER :

:

 v. :

: Civil Action: 02-4097 

HONEYWELL INTERNATIONAL, INC. : 

f/k/a ALLIED SIGNAL, INC., Successor :

in interest to BENDIX CORPORATION, :

et al. :

In accordance with the Civil Justice Expense and Delay Reduction Plan of this court, counsel for 

plaintiff shall complete a Case Manage Track Designation Form in all civil cases at the time of 

filing the complaint and serve a copy on all defendants. (See § 1:03 of the plan set forth on the 

reverse side of this form.) In the event that a defendant does not agree with the plaintiff 

regarding said designation, that defendant shall, with its first appearance, submit to the clerk of 

court and serve on the plaintiff and all other parties, a case management track designation form 

specifying the track to which that defendant believes the case should be assigned. 

SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS: 

(a) Habeas Corpus -- Cases brought under 28 U.S.C. § 2441 

through § 2255 ( )

(b) Social Security -- Cases requesting review of a decision of 

the Secretary of Health and Human Services denying plaintiff 

Social Security Benefits. ( )

(c) Arbitration -- Cases required to be designated for arbitration 

under Local Civil Rule 8. ( )

(d) Asbestos -- Cases involving claims for personal injury or 

property damage from exposure to asbestos. ( )

(e) Special Management -- Cases that do not fall into tracts (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)( X )

(f) Standard Management -- Cases that do not fall into any one 

of the other tracks. ( )

 

(Date) Attorney-at-law

Attorneys for Defendant Honeywell 

International, Inc., f/k/a Allied 

Signal as successor in interest to 

Bendix Corporation

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 5 of 16
0683260.01

RAWLE & HENDERSON LLP

BY: PETER J. NEESON, ESQUIRE ATTORNEYS FOR DEFENDANT,

STEWART R. SINGER, ESQUIRE HONEYWELL 

INTERNATIONAL, 

JOHN C. McMEEKIN II, ESQUIRE INC., F/K/A ALLIED SIGNAL, 

INC.,

ATTORNEY I.D. NO. 27601/62006/81250 SUCCESSOR-IN-INTEREST TO 

THE WIDENER BUILDING BENDIX CORPORATION

ONE SOUTH PENN SQUARE

PHILADELPHIA, PA 19107

(215) 575-4200

R&H File No.: 516,225(Angelos)

UNITED STATES DISTRICT COURT

[EASTERN DISTRICT]

 

RICHARD C. GEARINGER :

:

 v. :

:

HONEYWELL INTERNATIONAL, INC. : Civil Action No.: 02-4097

f/k/a ALLIED SIGNAL, INC., Successor :

in interest to BENDIX CORPORATION :

NOTICE OF REMOVAL PURSUANT TO 28 U.S.C § 1452 

AND FEDERAL RULE OF BANKRUPTCY PROCEDURE 9027

TO: ALL PARTIES ON ANNEXED SERVICE LIST

Honeywell International, Inc., f/k/a Allied Signal, Inc., (“Honeywell”), as successor in 

interest to the Bendix Corporation (“Bendix”), by and through its undersigned counsel, Rawle & 

Henderson LLP, hereby gives notice of the removal to the United States District Court for the 

Eastern District of Pennsylvania of the claims that have been asserted against Honeywell in the 

action captioned Richard C. Gearinger v. Allied Signal, et al, now pending in the Common Pleas 

Court of the State of Pennsylvania, County of Northampton, with 2002 June Court Term and 

Number C0048AB2002000374. This Notice of Removal is filed pursuant to 28 U.S.C. § 1452(a) 

and Rule 9027(a)(3) of the Federal Rules of Bankruptcy Procedure, and as grounds for such 

removal Honeywell respectfully states as follows:

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 6 of 16
0683260.01

1. On October 1, 2001 (the "Petition Date"), Federal-Mogul Global, Inc.

(collectively "Federal-Mogul") filed a voluntary petition for relief under chapter 11 of Title 11 of 

the United States Code, 11 U.S.C. §§ 101 et seq. (the “Bankruptcy Code”) in the United States 

Bankruptcy Court for the District of Delaware, commencing bankruptcy case number 01-10578.

2. The above referenced state action, which is “related to” the removed claims, was 

commenced on June 4, 2002, by the filing of a Summons & Complaint in the Court of Common 

Pleas of Northampton County. 

3. The removed claims are for personal injury or wrongful death asserted against 

Honeywell. Honeywell, formerly known as Allied Signal Inc., is the successor in interest to 

Allied Corporation which, in turn, was the successor in interest to The Bendix Corporation. The 

Automotive Sector of Allied Signal Inc. was the business unit within Allied Signal Inc. which 

continued the “Bendix” line of automotive friction products. 

4. Federal-Mogul, or companies acquired by Federal Mogul Global, Inc., are named 

as co-defendants of Honeywell in this action.

5. The plaintiff(s) in the above referenced action have asserted that joint and several 

liability arises as to each named co-defendant in this action.

6. As a result, in the above referenced action Honeywell has either affirmatively 

asserted a cross-claim for indemnification and/or contribution against Federal-Mogul, or such a 

cross-claim against Federal-Mogul arises automatically by operation of law.

7. Conversely, Federal-Mogul has also either affirmatively asserted a cross-claim for 

indemnification and/or contribution against Honeywell, or such a cross-claim against Honeywell 

arises automatically by operation of law.

8. The above referenced claims for personal injury asserted against Honeywell, as 

well as the cross-claims asserted by Honeywell and the corresponding cross-claims asserted by 

Federal-Mogul, may be removed to this Court pursuant to 28 U.S.C. § 1452(a). Removal of 

these claims is proper because the removed claims are: asserted in a civil action; not exempt 

from removal; and this Court has subject matter jurisdiction over the removed claims pursuant to 

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 7 of 16
0683260.01

28 U.S.C. §1334 due to the fact that these cross-claims asserted by and against Honeywell are 

“related to” Federal-Mogul’s bankruptcy proceeding. See In re Dow Corning Corp., 86 F.3d 482, 

494 (6th Cir. 1996) (holding that Section 1334(b) “related to” subject matter jurisdiction exists 

over actions for indemnification and contribution claims asserted by non-debtor co-defendants 

against the debtor).

9. Removal to this Court is timely pursuant to Rule 9027 (a)(3) of the Federal Rules 

of Bankruptcy Procedure in that the claims in the civil action are “related to” the October 1, 

2001, Federal-Mogul bankruptcy case, and this Notice has been filed within thirty days after: 

(1) receipt of the initial pleading setting forth the claim or cause of action sought to be removed, 

or (2) receipt of the summons, if the initial pleading has been filed with the court but not served 

with the summons.

10. Consent of the other named co-defendants is not necessary for removal pursuant 

to 28 U.S.C. § 1452. See Creasy v. Coleman Furniture Corp., 763 F.2d 656, 660 (4th Cir. 1985). 

Further, a cost bond is not required to accomplish this removal.

11. Upon removal, the proceedings with respect to the removed claims are non-core. 

Honeywell does not consent to entry of a final order or judgment by the bankruptcy judge to the 

extent the bankruptcy court is authorized to hear or determine such claims consistent with 28 

U.S.C. § 157(b)(5).

12. On December 17, 2001, Honeywell filed a Motion to Transfer, pursuant to 28 

U.S.C. § 157 (b)(5) (the “Transfer Motion”), with the United States District Court for the District 

of Delaware asking that Court to issue a provisional order to transfer the above referenced 

removed claims for a consolidated resolution of the threshold scientific question, by means of a 

Daubert hearing, whether the plaintiffs in the underlying actions can establish that automotive 

friction products containing encapsulated asbestos fibers can be the proximate cause of certain 

asbestos-related medical disorders. See 28 U.S.C. § 157(b)(5) (1994); Daubert v. Merrill Dow 

Pharmaceuticals, Inc., 509 U.S. 579 (1993); In re Dow Corning Corp., 86 F.3d at 496-97 

(holding that 28 U.S.C. § 157(b)(5) vests the power to fix venue over personal injury or wrongful 

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 8 of 16
0683260.01

death actions pending against non-debtor co-defendants which are “related to” a debtor’s

bankruptcy proceeding, pursuant to 28 U.S.C. § 1334(b), with the district court where the 

bankruptcy case resides). See Exhibit “A.”

13. On December 19, 2001 the Honorable Alfred M. Wolin of the United States 

District Court for the District of Delaware issued an Order in favor of Honeywell that: (1) 

partially withdrew the reference; and (2) provisionally transferred the Friction Product claims to 

the United States District Court for the District of Delaware, (the “Provisional Order”), subject to 

further Orders of that Court. See Exhibit “B.”

14. On January 4, 2002 the Honorable Alfred M. Wolin of the United States

Bankruptcy Court for the District of Delaware issued an Order (the “Clarification Order”), that 

clarified the Provisional Order by extending the provisional transfer of Friction Product claims to 

include claims that would have been subject to the Provisional Order, but had not yet been 

removed on the date of the Provisiona l Order. See Exhibit “C.”

15. On February 8, 2002 the Honorable Alfred M. Wolin of the United States 

Bankruptcy Court for the District of Delaware issued an Order (the “Remand Order”), granting 

plaintiffs’ Motion for Remand. See Exhibit “D.”

16. On February 11, 2002 the Honorable Anthony J. Scirica of the United States 

Court of Appeals for the Third Circuit issued an Order temporarily granting an Emergency 

Motion for Stay (the “Stay Order”), pending appeal of the Remand Order by appellants. See

Exhibit “E.”

17. On March 19, 2002, the Honorable Anthony J. Scirica of the United States 

District Court of Appeals for the Third Circuit issued an Order (the “Stay Clarification Order”), 

that clarified that the Stay Order issued on February 11, 2002 applies to all appellants and to all 

removed claims before the Delaware District Court. See Exhibit “F.”

18. On March 25, 2002, Chief Judge Becker of the Third Circuit Court of Appeals 

issued an order establishing a briefing schedule and set June 17, 2002, as the date to hear oral 

argument on the appeal (the “Scheduling Order”). See Exhibit “G.”

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 9 of 16
0683260.01

19. A copy of the Scheduling Order also provides that “[t]he temporary stay entered 

by this Court on February 11, 2002, as clarified by the Order of March 19, 2002, will remain in 

effect until further order of the merits panel.” See Exhibit “G.”

20. Honeywell respectfully submits that the effect of the stay pending appeal is to 

leave in place the previous transfer orders issued by the Delaware District Court. Because the 

Remand Order has been stayed, the Delaware District Court’s provisional transfer order is still 

the operative order, and all claims removed by Honeywell continue to be provisionally

transferred automatically to Delaware.

21. Accordingly, pursuant to Judge Weiner’s Order dated April 12, 2002 (the

“Abstention/Remand Order”) “all pending motions for abstention and remand are denied without 

prejudice . . . [t]he cases are administratively dismissed, subject to reinstatement following the 

determination of the bankruptcy issyes by Judge Wolin and any subsequent appeals thereto.” See

Exhibit “H.”

22. A copy of this Notice of Removal and related documents have been served by 

regular mail on counsel of record for all represented parties and upon all unrepresented parties to 

the action pending in state court.

Respectfully submitted,

RAWLE & HENDERSON LLP

By: 

Peter J. Neeson, Esquire

Stewart R. Singer, Esquire

John C. McMeekin II, Esquire

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 10 of 16
0683260.01

Honeywell International, Inc., f/k/a Allied

Signal as successor in interest to

Bendix Corporation

Dated: 

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 11 of 16
0683260.01

CERTIFICATION OF STATE COURT

RECORDS, PLEADINGS AND PROCEEDINGS

I, Peter J. Neeson, Esquire; Stewart R. Singer, Esquire; John C. McMeekin, Esquire; of 

full age, certify that on this day, we attached to the Notice of Removal as Exhibit “I”, a copy of 

all of the appropriate records, pleadings and proceedings in the State Court as requested by this 

Court.

Respectfully submitted,

RAWLE & HENDERSON LLP

By: 

Peter J. Neeson, Esquire

Stewart R. Singer, Esquire

John C. McMeekin II, Esquire

Honeywell International, Inc., f/k/a Allied 

Signal as successor in interest to 

Bendix Corporation

Dated: 

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 12 of 16
0683260.01

CERTIFICATION OF SERVICE

I, Peter J. Neeson, Esquire/Stewart R. Singer, Esquire/John C. McMeekin II, Esquire, of 

full age, hereby certify that on this day, I caused a true and correct copy of Defendant’s Notice 

to Remove Pursuant to 28 U.S.C. 1452 of the United States Code and Rule 9027(a)(3) of the 

Federal Rules of Bankruptcy Procedure to be served on all counsel listed below as follows.

VIA HAND DELIVERY 

George A. Weber, III, Esquire

LAW OFFICES OF PETER G. ANGELOS, P.C.

60 W. Broad Street, Suite 200

Bethlehem, PA 18018

Attorney for Plaintiff

Edward J. Wilbraham, Esquire

Wilbraham, Lawler & Buba

Suite 3100, 1818 Market Street

Philadelphia, PA 19103

Attorney for Amchem Products, Inc. and Foseco, Inc.

Joel D. Gusky, Esquire

Harvey, Pennington, Herting & Renneisen, Ltd.

1835 Market Street, 29th Floor

11 Penn Center Plaza

Philadelphia, PA 19103

Attorney for B.F. Goodrich

John McShea, Esquire

McShea Tecce

1735 Market Street

26th Floor

Philadelphia, PA 19103

Attorney for Viacom, Inc.

Alan Klein, Esquire

Hangley, Aronchick, Segal & Pudlin

One Logan Square

Philadelphia, PA 19103

Attorney for Clayton, Dubilier & Rice

Robert P. Corbin, Esquire

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 13 of 16
0683260.01

German, Gallagher & Murtagh

The Bellevue

200 S. Broad Street, Suite 500

Philadelphia, PA 19102

Attorney for Cooper Industries

Joseph R. Glancy, Esquire

Stack & Stack

1600 Locust Street

Philadelphia, PA 19103

Attorney for Crown, Cork & Seal

Christine O. Boyd, Esquire

Lavin, Coleman, O'Neil, Ricci, Finarelli & Gray

Penn Mutual Tower

510 Walnut Street, 12th Floor

Philadelphia, PA 19106

Attorney for Daimler Chrysler Corporation and General Motors Corporation

Thomas Coleman, Esquire

Kent & McBride, PC

Two Logan Square, Suite 600

18th and Arch Streets

Philadelphia, PA 19103

Attorney for Ferro Engineering

Mark Lipowicz, Esquire

Duane Morris LLP

4200 One Liberty Place

Philadelphia, PA 19103

Attorney for Ford Motor Company

E. Michael Keating, III, Esquire

Hollstein, Keating, Cattell, Johnson & Goldstein

Suite 1602

1608 Walnut Street

Philadelphia, PA 19103

Attorney for General Electric

Daniel J. Ryan, Jr., Esquire

Marshall, Dennehey, Warner, Coleman & Goggin

1845 Walnut St.

Philadelphia, PA 19103

Attorney for The Goodyear Tire & Rubber Company

Jeffrey L. Pettit, Esquire

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 14 of 16
0683260.01

Phelan, Pettit & Biedrzycki

The North American Building

121 South Broad St., Suite 1600

Philadelphia, PA 19107

Attorney for Halliburton Technical Services, Inc.

Thomas E. Seus, Esquire

McGivney, Kluger & Gannon, P.C.

1429 Walnut Street, 11th Floor

Philadelphia, PA 19102

Attorney for Hercules Chemical Company, Inc.

Richard Foltz, Jr., Esquire

Pepper Hamilton LLP

3000 Two Logan Square

18th & Arch Streets

Philadelphia, PA 19103

Attorney for Lac d'Amiante du Quebec, Ltee.

C. James Zeszutek, Esquire

Thorp, Reed & Armstrong

One Oxford Centre, 14th Floor

301 Grant Street

Pittsburgh, PA 15219-1425

Attorney for Pfizer, Inc.

Steven B. Kantrowitz, Esquire

Kantrowitz & Phillippi, LLC

1500 Centre Square West

1500 Market Street

Philadelphia, PA 19102

Attorney for Pneumo Abex Corporation

Tracey M. McDevitt, Esquire

Reilly, Janiczek & McDevitt, P.C.

The Widener Building, Suite 520

One South Penn Square

Philadelphia, PA 19107

Attorney for Premier Refractories, Inc.

Richard C. Polley, Esquire

Dickie, McCamey & Chilcote

Two PPG Place, Suite 400

Pittsburgh, PA 15222-5402

Attorney for Rapid American

Bruce S. Haines, Esquire

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 15 of 16
0683260.01

Hangley, Aronchick, Segal & Pudlin

One Logan Square

Philadelphia, PA 19103

Attorney for Uniroyal, Inc.

John J. Dugan, Esquire

Wolf Block Schorr and Solis-Cohen, LLP

1940 Route 70 East

Suite 200

Cherry Hill, NJ 08003

Attorney for Universal Refractories, Inc.

Respectfully submitted,

RAWLE & HENDERSON LLP

By: 

Peter J. Neeson, Esquire

Stewart R. Singer, Esquire

John C. McMeekin II, Esquire

Honeywell International, Inc., f/k/a Allied 

Signal as successor in interest to 

Bendix Corporation

Dated: 

Case 2:02-cv-04097-CRW Document 1 Filed 06/26/2002 Page 16 of 16