Law Office of Gary G. Norris 

1006 NE 3rd St. Suite A• McMinnville, Oregon 97128 

Gary G. Norris * Telephone: (503) 472-3770 

Facsimile: (503) 472-2349 

* also licensed in Washington 

**Sent regular mail and certified mail, return receipt requested** 

December 22, 2014 

Corporation Service Company 

Attn: Registered Agent 

285 Liberty Street NE 

Salem, OR 97301 

Re: Julie Wellbrock individually, and as conservator for the Estate of Luke Wellbrock, her 

minor son v. American Family Mutual Insurance Company 

Multnomah County Case No.: 14CV20039 

To Whom It May Concern: 

Enclosed is a Summons and a copy of Suit for Declaratory Judgment Pursuant to ORS 28.010 et. 

seq. This is intended to effect service pursuant to ORCP 7. 

I 

NOTICE OF REMOVAL, EXHIBIT A, Page 0001 of 0070

Case 3:15-cv-00106-PK Document 1-1 Filed 01/21/15 Page 1 of 5
1N THE CIRCUIT COURT FOR THE STATE OF OREGON 

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FOR THE COUNTY OF MULTNOMAH 

JULIE WELLBROCK individually, and as ) Case No.: 14CV20039 

conservator for the Estate of Luke Wellbrock, ~ 

her minor son, SUMMONS 

) 

Plaintiffs, ) 

) 

) V. ) 

) 

AMERICAN FAMILY MUTUAL ) 

INSURANCE COMPANY ) 

Defendant. ) 

) 

TO: Corporation Service Company, Registered Agent, 285 Liberty Street NE, Salem, Oregon 97301. 

You are hereby required to appear and defend the complaint filed against you in the above entitled action within thirty (30) days 

trom the date of service of this summons upon you, and in case of your failure to do so, for want thereof, plaintiffs will apply to the court for 

the relief demanded in the complaint. 

NOTICE TO THE DEFENDANTr READ THESE PAPERS CAREFULL Y! 

You must "appear" in this case or the other side will win 

automatically. To "appear" you must file with the court a 

legal paper called a"motion" or "answer". The "motion" or 

"answer" must be given to the court clerk or administrator 

within 30 days along with the required filing fee. It must 

be in proper form and have proof of service on the plaintiffs' attomey or, if the plaintiffs do not have an 

attomey, proof of service upon the plaintiffs. 

If you have any questions, you should see an attomey 

immediately. If you need help in finding an attorney, you 

may call the Oregon State Bar's Lawyer Referral Service at 

(503) 684-3763 or toll-free in Oregon at (800) 452-7636. 

~ 

GARIf G. NORRIS, OSB#823552 

ATTORNEY FOR PLAINTIFF 

STATE OF OREGON ) 

) SS. 

County oj Yamhill ) 

1, the undersigned attomey of record for the plaintiffs, certify that the foregoing is b exactomplete copy of the original 

summons in the above entitled action. 1 ~/ it _ A_ 

ATT01tNEY FC1R PLAINTIFF 

TO THE OFFICER OR OTHER PERSON SERVINC THIS SUMMONS: You are her'eby directed to serve a true copy of this summons, 

together with a true copy of the complaint mentioned therein, upon the individual(s) or other legai entity(ies) to whom or which this summons 

is directed, and to make your proof of service on the reverse hereof or upon a separate similar document which you shall attach hereto. 

1~Y G. NORRIS, OSB#823552 

_ ATTORNEY FOR PLAINTIFF 

1 - S UNIlq0NS 

NOTICE OF REMOVAL, EXHIBIT A, Page 0002 of 0070

Case 3:15-cv-00106-PK Document 1-1 Filed 01/21/15 Page 2 of 5
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1N THE CIRCUIT COURT FOR THE STATE OF OREGON 

FOR THE COUNTY OF MULTNOMAH 

JULIE WELLBROCK individually, and as ) Case No.: 

conservator for the Estate of Luke Wellbrock, ) 

her minor son, ) SUIT FOR DECLARATORY JUDGMENT 

) PURSUANT TO ORS 28.010 et, seq. 

Plaintiffs, 

V. 

AMERICAN FAMILY MUTUAL 

INSURANCE COMPANY 

Defendant. 

Plaintiffs, Julie Wellbrock, conservator for Luke Wellbrock, and Julie Wellbrock, 

individually, allege as follows: 

l. 

Plaintiffs have standing to bring this suit. State Farm Fire and Casualty v. Reuter 294 

Or 446, 657 P2d 1231 (1983). 

2. 

At all material times Defendant was and is a Property-Casualty insurance company, 

duly authorized to do business and doing business in the State of Oregon as a provider of 

automobile insurance. 

3. 

Page l of 3 SUIT FOR DECLARATORY JUDGMENT PURSUANT TO ORS 

28.010 et. seq. 

NOTICE OF REMOVAL, EXHIBIT A, Page 0003 of 0070

Case 3:15-cv-00106-PK Document 1-1 Filed 01/21/15 Page 3 of 5
At all material times Defenda.nt had in force and effect a policy of automobile 

insurance for its named insured, Stirling Wine Grapes Incorporated. A copy of the policy is 

attached as Exhibit 1. 

0 

On or about March 6, 2014, James Frederick Sherman Jr. was operating an F-150 

pickup trick in Carlton, Oregon. The pickup was a listed vehicle under the subject policy, for 

which specific premium had been paid. Mr. Sherman was a permissive user of the vehicle. 

5. 

On March 6, 2014 Mr. Sherman hit Luke Wellbrock a.nd Julie Wellbrock while they 

were lawfully in a marked crosswalk on E. Main Street in downtown Carlton, seriously 

injuring both of them, and killing their family dog instantly. 

~:'I 

As a result of their injuries, Julie Wellbrock, as conservator for Luke Wellbrock, and 

on her own behalf individually, filed an action for bodily injuries in Yamhill County Circuit 

Court entitled Julie Wellbrock individually, and as conservator for the Estate of Luke 

Wellbrock, her minor son v. James Frederick Sherman, Jr., and American Family Mutual 

Insurance Company case nurnber 14CV 14840. A copy of Ptaintiff's Amended Complaint is 

attached as Exhibit 2. 

7, 

The subject policy provides coverage for the bodily injuries, and economic and noneconomic damages sustained by Plaintiffs. However, notwithstanding that, and despite having 

Page 2 of 3 SUIT FOR DECLARATORY JUDGMENT PURSUANT TO ORS 

28.010 et. seq. 

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NOTICE OF REMOVAL, EXHIBIT A, Page 0004 of 0070

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Law Office of Gary G. Norris 

Page 3 of 3 SUIT FOR DECLARATORY JUDGMENT PURSUANT TO ORS 

28.010 et. seq. 

been put on notice of this claim approximately six months ago, American Family has failed 

and refused to acknowledge that coverage exists for Plaintiffs injuries and this accident. 

Because of the company's refusal to so acknowledge coverage, a justiciable controversy exits 

between Plaintiffs and Defendant, and this court is empowered pursuant to ORS 28.010 et.seq. 

to determine the rights and obligations of Plaintiffs and Defendant, under the subject policy. 

WHEREFORE, Plaintiffs pray for relief as follows: 

1. For a judgment declaring that at the time the accident occurred, James F. 

Sherman Jr, was a permissive user of the subject truck. 

2. For a judgment declaring that the subject policy provides coverage for 

Plaintiffs' damages up to the applicable limits. 

3, For Plaintiffs' costs and disbursements incurred herein. 

DATED this day of December, 2014. 

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NOTICE OF REMOVAL, EXHIBIT A, Page 0005 of 0070

Case 3:15-cv-00106-PK Document 1-1 Filed 01/21/15 Page 5 of 5