IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Arthur Bonstein v. Daimler Chrysler : C.A.No. 2:02 CV 02679

John Neilson v. Ford Motor Company : C.A.No. 2:02 CV 02819

David Weiner, Sr. v. Daimler Chrysler : C.A.No. 2:02 CV 02975

Barbara Harry v. Ford Motor Company : C.A.No. 2:02 CV 02976

Joseph Kiniuk v. Daimler Chrysler : C.A.No. 2:02 CV 02977

Herman Zucal v. Daimler Chrysler : C.A.No. 2:02 CV 03531

John Romanowski v. Daimler Chrysler : C.A.No. 2:02 CV 03532

Ronald Snyder v. Daimler Chrysler : C.A.No. 2:02 CV 03741

Emery Dancsecs v. Daimler Chrysler : C.A.No. 2:02 CV 03742

Morris Gresh v. Daimler Chrysler : C.A.No. 2:02 CV 04410

Richard Gearinger, Sr. v. Daimler Chrysler : C.A.No. 2:02 CV 04411

Richard Fye v. Daimler Chrysler : C.A.No. 2:02 CV 04414

Robert Searfoss v. Daimler Chrysler : C.A.No. 2:02 CV 04415

Eugene Smith v. Daimler Chrysler : C.A.No. 2:02 CV 04416

Jack Binder v. Daimler Chrysler : C.A.No. 2:02 CV 04658

Elliott Boulous v. Daimler Chrysler : C.A.No. 2:02 CV 04659

____________________________________X

O R D E R

This Court has previously administratively dismissed these cases pending the determination

of certain issues by the Bankruptcy Court. Those issues having now been resolved, these cases are

hereby reinstated for the purpose set forth herein.

These cases were originally filed in the Pennsylvania State Court of Common Pleas for the

County of Northhampton, and subsequently removed to the United States District Court for the

Eastern District of Pennsylvania. The removal was predicated upon the theory of “related to”

bankruptcy jurisdiction, vis-a-vis the bankruptcy filing in the United States District Court for the 

District of Delaware by Federal Mogul Corporation or the bankruptcy filing by Armstrong World

Industries. A large number of similar cases were directly transferred or removed to the Bankruptcy

Case 2:02-cv-04416-SD Document 7 Filed 02/26/2003 Page 1 of 2
Court in Delaware the Third Circuit designated the Honorable Alfred M. Wolin as the presiding

judge. Having completed an extensive briefing and hearing process, Judge Wolin, on February 8,

2002, issued his ruling that the Bankruptcy Court lacked jurisdiction in these matters and thereupon

ordered their transfer back to the various state courts. The order was appealed to the United States

Court of Appeals for the Third Circuit and on July 31, 2002, Judge Slovitor issued the Court’s

opinion upholding Judge Wolin’s decision. The Supreme Court denied cert and all avenues for appeal

appear to have been exhausted by the parties.

The action before this Court is similarly situated with regard to its removal from the state

court. The Court can find no reason not to comply with Judge Wolin’s decision as it relates to the

removal of this case to the federal court.

IT IS ORDERED that these cases are hereby reinstated and remanded to the State of

Pennsylvania Commonwealth Court for Northhampton County from whence they were removed to

this Court.

DONE this 21ST day of February, 2003.

BY THE COURT

___________________________

Charles R. Weiner S.J.

Case 2:02-cv-04416-SD Document 7 Filed 02/26/2003 Page 2 of 2