HomeMy WebLinkAbout96-02256
....
)
"
.
~
~
"
I
,
1
~
,
"
"
-""
"
\
)
,,1/
"
~
~
"
"
~
($
~
"
"
. ",. to
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I
I'
CARL DAVIS, THOMAS C. CRABTREE
G, DOUGLAS ROHRBAUGH
20 North Market Square
Harrisburg, PA 17101
JAMES D, NOVINGER
P. O. Box 6130
Harrisburg, PA
GARY HOUCK
74E4 Linglestown Read
Harrisburg, PA 17112
MICHAEL SERLUCO
400 North Front Street
Wormleysburg, PA
v.
r' - ,))fi{
No,
CIVIL ACTION
/1 ( (c ,t J l 1
1996
J,I"'--
IVAN 8. REMPEL, CLAIRE L, REMPEL
240 East Lauer Lane
Camp Hill, PA 17011
DEAN A, WEIDNER as Trustee of the
Claire L. Rempel camp Hill Trust
508 North Second Street
Harrisburg, PA 17101
JOSEPH A. RUBIN, at Trustee of the:
Ivan E, Rempel Camp Hill Trust
Address Presently Unknown
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue writ of summons in the above-captioned
action.
The Writ of Summons shall be issued and forwarded to
Commonwealth of Pennsylvania
County of Cumberland
Carl Davis, Thomas C. Crabtree,
G. Douglas Rohrbaugh, James
D. Novinger, Gary Houck and
Michael Serluco
v.
Ivan E. and Claire L. Rempel
240 E. Lauer Lane
Camp Hill PA 17011
Dean A. Weidner, as Trustee of
the Claire L. Rempel Camp Hill
Trust
508 N. Second St.
Harrisburg PA 17101
Joseph A. Rubin, as Trustee of thp
Ivan E. Rempel Camp Hill Trust
Address Presently Unknown
Court oi Conunoll Pleu
96-2256 Civil Term
No,
\9.___
Civil Action . Law
In _n noon __ ___.._ __.___u_. uu..._.n___u_.
Ivan E. and Claire L. Rempel, Dean A. Weidner. as Trustee of the
To __s:.!~,~;__~""~:__~!'!_~p.~L~_'!.I!1.P__gn!._T!.ust and Joseph A. Rubin, as Trustee
of the Ivan E. Rempel Camp Hill Trust:
You ar. h.reby notified that
Carl Davis, Thomas C. Crabtree, G. Douglas Rohrbaugh, James D.
,- - n_ NoViiigeii; - -miry- ffollcK-- ii ria' '1\lT c liB" erS"e r"I licon _n_ - _m_m_ ---.---.--.. ..---
the Plaintiffs hge commenced an action in ~!!!'l'!'9_!l_':!__:__c.:~c'!~_1;_~g_t..!2.'!__:__~~.!'!._u....._____._
against )'ou which you are required to def.nd or a delault judgment may be entered againll you,
(SEAL)
Dale .__~P:.~}__~_~~._u_m._____ 19._2.6
"'" -~~."!~-':!!l-q~u:~~~~I!l-I.:.. __u__. .____..u
By ..)!,.&..~ 'f~.m.
,
:1
'....
Tg~m () !~~~ ~ ~:ZC'l() if
1-" aagf?~ '0' OJ
< n < 11
~ 0 1-" tIllll CI::l ::r 1-" 8' .... \Q
.... ~~()::l CI ::l '"
~ '~In m.. ~ tr1 Cll I!l e t:l I
l> .... tV Q1:::O. f-' Cll lO CI N
n r t- CI 1-" , 11 f-' < N
~ r 0011 Ql en.. OJ /oJ. U1
1-" I Hlo.Cll:E::l Cll In 1Il '"
j j ! =1 0 H <1l 0- 11 C'l .
0 IN H ~ t'"' 1-" - f-'ClI1 (')
li ~B:.. ~<o.o-n e 11 0 ~ 1-"
CllIl ::l i-' n,< ::r ::r <
S ~~~ ::l <1l :0 <1l Ql 0 11 0 1-"
It" '0 Cll 11 1-" ::1:0'3 f-'
I ~ 15' trl::r 3 11 o Ql Ql
. '0 CI Cll e e 1Il o-j
li! . l><1l 1Il nlO Cll
~J ::0' I..... t'" :><,::rn ~
Cll o-j' . .
3:onl1 CI r
'OeCle:o ::l'-<n
. Cll0'311lCll o.~@
.... 1-"'0 ~ 3
::l Cll'O Cll 0'
.. ::c CO Cl) 1Il ~
1-" f-' 11
CI .... 0 . 0<1l
lIl....Hl . Cll
~
1,1
. ..
1;<
! !i
i I Ii
1\!1
" !
,'1,
,I
"
1'.1"
,I
'I',
';;"/\';J
"
,,1 I
"',
i\ :1
'"
III
1;'1
"
"
",'
.).I~
I,
'"
',)
',l j I
'I:
i!'I"
,;!,
"
, , I I
I iI'
I " I, , If- I
, , , ,I
ill'
I,'"
I" '
;,
" ,
"
, I'rt I
q~
~"V-. G. )1wi.-/ ~
'I
"ii,
11'1 )
I, . U
ii'
, I
:i'
)/
; ,) II
l)i-ll"'II;
"
"1,
I,
i,!:]JJil' i'i ,"ill
\'1'
,) I':,!
1.1.
'.1.11
!i'.iPI'lI
"
I:
I,'
li!1!'I')
/ ~ r 1 1 '
,I
I,ll"
i:h'..'I":" i
i,1 I
".'111 "Ill.
?>J6~~?~
" '" ",) I
:'
1,1,
~7 fJ ;/~.
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CARL DAVIS, THOMAS CRABTREE,
G, DOUGLAS ROHRBAUGH, JAMES D, :
NOVINGER, GARY L. HOUCK
and the BARON GROUP,
t/d/b/a 931 ASSOCIATES;
AND MICHAEL A. SERLlJCO
Plaintiffs
v, No, 96-2256
Civil Action
IVAN E, REMPEL, CLAIRE L,
REMPEL, and DEAN A,
WEIDNER and JOSEPH RUBIN,
as Trustees of the Ivan E,
Rempel Camp Hill Trust and
as Trustees of the Claire L,
Rempel Camp Hill Trust
Defendants
APPIDAVIT AS TO SERVICE 0' WRIT 0' SUMMONS
Undersigned counsel hereby verifies, subject to the
penalties for unsworn falsification, as follows:
1. Attached hereto as Exhibit A is the Acceptance of
Service, executed on or about May 13, 1996, by and on behalf of
defendant Dean A, Weidner as Trustee of the Ivan E. Rempel Camp
Hill Trust and as Trustee of the Claire L, Rempel Camp Hill Trust.
2. Attached hereto as Exhibit B is the a letter of
May 8, 1996, Certified Mail Receipt, and executed Domestic Return
Receipt with respect to defendant Joseph A, Rubin as Trustee of
the Ivan E. Rempel Camp Hill Trust and as Trustee of the Claire L,
,
I
I;
"
RempelCamp Hill Trust, all in compliance with 42 Pa,C,S,A. !l5323,
and Rule 403, Pa,R,C,P,
'I
Byf~
Ro ert B, Hoffma
Attorney I. D, No
213 Market Stree
p, O. Box 11844
Harrisburg, PA 17108
717/257-3042
i
I
I
I '
~
I
I!
h
~'
,
REED SMITH SHAW
, ,
I
',\
"ii,
,,' ""'
I, ,; I,
, ,
."H .,' "!
,
",' \,1
-2-
"
, I
"'"
I""'"
IN TijE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
I
f
I
CARL DAVIS, THOMAS CRABTREE,
G, DOUGLAS ROHRBAUGH, JAMES D, :
NOVINGER, GARY L. HOUCK
and the BARON GROUP,
t/d/b/a 931 ASSOCIATES;
AND MICHAEL A, SERLUCO
Plaintiffs
:1
I
"
!'
,
I,
I,
,
v.
No. '6-2256'
Civil Action
IVAN E, REMPEL, CLAIRE L.
REM~EL, DEAN A. WEIDNER
and JOSEPH RUBIN, AS
Trustees of the Ivan E.
Rempel Camp Hill Trust and
as Trustees of the Claire L,
Rempel Camp Hill Trust
Defendants
~CEPTANCE OF SERVICE
Pursuant to Rule 402(b), Pa,R,C.P" I accept service of
the Writ of Summons on behalf of defendant DEAN A. WEIDNER as
Trustee of the Ivan E. Rempel Camp Hill Trust and as Trustee of
the Claire L. Rempel Camp Hill Trust and ce~tify that I am
authorized to do so.
Dated:
May;:;, 1996
MlHiU (( dlllltttL
Dean A. We ner
508 North Second Street
Harrisburg, PA 17108-0845
717/234 -4182
-'
"
Exhibit B
....111~tl''''lfoj ..., 1rI''''''
~'Uq,U (!)
III"
REED SMITH SHAW & MCCLAY
....ILlNQ AOD"III;
'0, '0. "'44
H"''''UISIUIIIO,''' 1710..'....
213 MARKET STREET
HARRISBURG, PA 17101.2132
717.234.65BB
I'lTTIIUIIIQH. It.
WA:lHINQTON. DC
ItHlLADILI'HIA, 'A
McUAN, VA
"'IHeITON, HJ
FAX 717.238.3777
WRITER'S DIRECT DIAL NUMBER
(717) 234-9738
May 8, 1996
Joseph A. Rubin, Esquire
Rubin Ballin Ortoli Nayer Baker & Fry, L.L.P.
405 Park Avenue, 15th Floor
New York, NY 10022-4405
Re: Davis, et al v. Ivan Rempel, et al
No. 96-2256 Cumberland County
Dear Mr. Rubin:
Enclosed and served upon you by this letter is a Writ of
Summons iniciating a lawsuit in the Cumberland County Court of
Common pleas in Pennsylvania against the Rempels and yourself and
Dean Weidner as Trustees of their Trusts. I anticipate that Dean
may have discussed this with you in advance of receipt of this
letter. If you have any questions, please feel free to call me if
you wish.
.1
Sincerely,
REED SMITH SHAW & McCLAY
~\
By
Robert B. Hoffman
RBH:ngw
Enclosure
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
, "
,d'
, ,
,
I.'::i
"
~. . c':1
II;
, C';
Ill' "
( I-
I" I,:
I~ :
~~j ~ ' I
[' ' ('\,
jl' , : ~
... " (,
, I " 'oj
I' '- ,,'
" I ,'~
1..1
roO \ , I
-
"
"
"
"
,
"
,
, ,
,',
"
"
il
'I
"',
"
,I-I 'I
'j \ 'I
.
ill
~
..
'"
,
'i
'I"
Ij,
,',
,)
IJi f' '" \~\PJ1'-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CARL DAVIS, THOMAS CRABTREE, :
G. DOUGLAS ROHRBAUGH, JAMES D. :
NOVINGER, GARY L. HOUCK
and the BARON GROUP,
t/d/b/a 931 ASSOCIATES;
AND MICHAEL A. SERLUCO
Plaintiffs
v.
No. 96-2256
civil Action
IVAN E, REMPEL, CLAIRE L.
REMPEL, and DEAN A.
WEIDNER and JOSEPH RUBIN,
as Trustees of the Ivan E.
Rempel Camp Hill Trust and
as Trustees of the Claire L.
Rempel Camp Hill Trust
Defenda,nts
,
AND NOW, this
ORDBR
day of
, upon
consideration of Plaintiffs' Motion to Compel Discovery and
responses thereto, it is hereby ordered as follows:
1. Plaintiffs' Motion to Compel Discovery is GRANTED.
2. Defendants shall within ____ days of the date of
this Order produce to plaintiffs all documents responsive to
Plaintiffs' Request for Production of Documents in Aid of Drafting
Complaint.
.,
3. Defendants shall within ____ days of the date Qf
this Order provide full and complete answers to Plaintiffs'
Interrogatories in Aid of Drafting Complaint.
Dated:
, J.
, '
"
,.A
i)I:" I ", 'vfor-
".1. 'I", <J'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,
I
I
I
CARL DAVIS, THOMAS CRABTREE, ,
G. DOUGLAS ROHRBAUGH, JAMES D.:
NOVINGER, GARY L. HOUCK
and the BARON GROUP,
t/d/b/a 931 ASSOCIATES;
AND MICHAEL A. SERLUCO
Plaintiffs
v.
No. 96-2256
Civil Action
IVAN E. REMPEL, CLAIRE L.
REMPEL, and DEAN A.
WEIDNER and JOSEPH RUBIN,
as Trustees of the Ivan E.
Rempel Camp Hill Trust and
as Trustees of the Claire L.
Rempel Camp Hill Trust
.
Defendants
'I
!
I
,I
ANn NOW, this
ORDIR
day of
, upon
consideration of Plaintiffs' Motion to Compel Discovery and
responses thereto, it is hereby ordered as follows:
1. Plaintiffs' Motion to Compel Discovery is GRANTED.
2. Defendants shall within
days of the date of
~
this Order produce to plaintiffs all documents responsive to
Plaintiffs' Request for production of Documents in Aid of Drafting
Complaint.
.\
'I
3. Defendants shall wJ.thin _ days of the date of
this Order provide full and complete answers to Plaintiffs'
Interrogatories in Aid of Drafting Complaint.
, J.
Dated:
,...,.
OfT
~r
i
I
I
I
t
fl
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CARL DAVIS, THOMAS CRABTREE,
G. DOUGLAS ROHRBAUGH, JAMES D.:
NOVINGER, GARY L. HOUCK
and the BARON GROUP,
t/d/b/a 931 ASSOCIATES;
AND MICHAEL A. SERLUCO
Plaintiffs
v.
No. 96-2256
Civil Action
IVAN E. REMPEL, CLAIRE L.
REMPEL, and DEAN A.
WEIDNER and JOSEPH RUBIN,
as Trustees of the Ivan E.
Rempel Camp Hill Trust and
as Trustees of the Claire L.
Rempel Camp Hill Trust
.
Defendants
AND NOW, this
ORDBR
day of
, upon
consideration of Plaintiffs' Motion to Compel Discovery and
responses thereto, it is hereby ordered as follows:
1. Plaintiffs' Motion to Compel Discovery is GRANTED.
2. Defendants shall within
days of the date of
this Order produce to plaintiffs all documents responsive to
Plaintiffs' Request for production of Documents in Aid of Drafting
Complaint.
3. Defendants shall within ____ days of the date of
this Order provide full and complete answers to plaintiffs'
Interrogatories in Aid of Drafting Complaint.
, J.
Dated:
, "
.,'1 "
\
,"." '.(1
"
.
. '
2. As reflected in that Return of service, the Sheriff
also served the Rempels with plaintiffs' Request for production cf
Documents in Aid of Drafting Complaint and Plaintiffs'
Interrogatories in Aid of Drafting Complaint, true and correct
copies of which are attached hereto as Exhibits Band C.
3. Defendants have failed to respond in any fashion to
the request, despite two letters from undersigned counsel, dated
July 30, 1996, and November 1, 1996, true and correct copies of
which are attached hereto as Exhibit D.
4. No counsel has yet entered an appearance on behalf
of Defendants.
5. Defendant Dean A. Weidner, ,sued in his capacity as
Trustee of the Ivan E. Rempel Camp Hill Trust and of the claire L.
Rempel Camp Hill Trust, accepted service of the Writ on May 13,
1996. ~~ Acceptance of Service attached hereto as Exhibit E.
6. The Interrogatories and Request for Documents were
served upon Mr. Weidner, together with the writ and the Acceptance
of Service Form. ~ letter of May 7, 1996, a true and correct
copy of which (minus its attachments) is attached hereto as
Exhibit F.
7. Mr. Weidner subsequently advised that he had
referred the discovery to patrick Carey, an attorney who is
representing Mr, Weidner in related litigation in Dauphin County.
Undersigned counsel wrote Mr. Carey but has received no response.
~ letter of October 29, 1996, a true and correct copy of which
is attached hereto as Exhibit G.
-2-
'j
\.
"
N~ ~I~II.II'IN ~m ""1' If'" ,I,qq'IJ @
,
,
"
"
"
I"
" " , ,
" " " , "
"
: I
, ,
,
, , "
'\' "
" ,
,
,
, 'I,'
\
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CARL DAVIS, THOMAS CRABTREE:, :
G. DOUGLAS ROHRBAUGH, JAMES D.:
NOVINGER, GARY L. HOUCK
and the BARON GROUP,
t/d/b/a 931 ASSOCIATES;
AND MICHAEL A. SERLUCO
Plaintiffs
v.
No. 96-2256
Civil Action
IVAN E. REMPEL, CLAIRE L.
REMPEL, and DEAN A.
WEIDNER and JOSEPH RUBIN,
as Trustees of the Ivan E.
Rempel Camp Hill Trust and
as Trustees of the Claire L.
Rempel Camp Hill Trust
Defendants
PLAINTI"S' INTJRROGATORII. TO DI'BNDANT.
IN AID 0' DRAr'l'ING COIDLAINT
Plaintiffs Carl Davis, et al., hereby reque8t, pur8uant
to Rules 4005-4006, that within thirty (30) days from the date of
service hereof defendants answer the following Interrogatories
separately and fully in writing and under oath. The nature of the
cause of action is that Ivan E. Rempel and Claire L. Rempel
engaged in a fraudulent conveyance in the transfer to their trusts
of real property located at 240 Ea8t Lauer Lane, Camp Hill, PA.
I . DI.INITIOlla
The following definitions are applicable to tbe~e
interrogatorie8:
," .
" ,
I'"
"
A. "Document" means any written, printed, typed, or
other graphic matter of any kind or nature, however produced or
reproduced, including photographs, microfilms, phonographs, video
and audio tapes, punch cards, magnetic tapes, discs, data cells,
drums, and other data compilations from which information can be
obtained.
B, "Identify" or "Identity" means when used in
reference to --
1. A natural per.on, his or her: full name; and
present or last known residence and employment address (including
street name and number, city or town, and state or county);
2. A document: its description (e.g., letter,
memorandum, reporc, etc.), title, and date; its subject matter;
its author's identity; its addressee's identity; its present
location; and its custodian's identity.
C. "Person" means a natural person, partnership,
association, corporation, or government agency.
II. INSTROCTIONS
The following instructions are applicable to these
standard interrogatories:
A. Duty to answer. The interrogatories are to be
answered in writing, verified, and served upon the undersigned
within 30 days of their service on you. Objections must be signed
by the attorney making them. In your answers, you must furnish
such information as is available to you, your employees
representatives, agents, and attorneys. Your answers must be
supplemented and amended as required by the Pennsylvania Rules of
Ci vil Procedure.
B. Claim of privilege. With respect to any claim
of privilege or immunity from discovery, you must identify the
privilege or immunity asserted and provide sufficient information
to substantiate the claim.
C. Option to produce documents. In lieu of
identifying documents in response to these interrogatorie., you
may provide copies of such documents with appropriate reference.
to the corresponding interrogatories.
D. Ident ify each person ,h" .....i.ted or plllrt icipated in
preparing and/or supplying any of tile information given in an.wer
to or relied upon in preparing answer. to the.. Interrogatori...
E. Where knowledge or information in po.....ion of the
plaintiff is requested, such reque.t includ.. knowledge ot
-2-
4. Identify the current assets of the Ivan E. Rempel
Camp Hill Trust and the Claire L. Rempel Camp Hill Trust.
5. If any assets have been transferred by the trust,
identify the recipients of such assets.
REED SMITH SHAW &
By /
Ro ert B: Ho man
Attorney I.D. No. 23846
213 Market Stree ,9th Floor
P. O. Box 11844
Harrisburg, PA 17108
(717) 234-5988
"
-4-
~~ ",.IIJ'IB,lL ...",..', 1.1)"
Exhibit C
lll'll:llD (t),
. ~., i";;'i!'
, ,
, " ,
, , , ,
'I, , ;f,1
,
, "
, , , ,
"
" ,>
, ,
JlII....tt.tlllk "'Hilt", "l" "1';-';"" (i)
"
,
"
,
"
bhlblt F
o NCII'Pr:1
I
f.
I
I)'
",.'1
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CARL DAVIS, THOMAS CRABTREE, :
G. DOUGLAS ROHRBAUGH, JAMES D.:
NOVINGER, GARY L. HOUCK I
and the BARON GROUP, ,
t/d/b/a 931 ASSOCIATES;
AND MICHAEL A. SERLUCO
Plaintiffs
v.
No. 96-2256
Civil Action
IVAN E. REMPEL, CLAIRE L,
REMPEL, and DEAN A.
WEIDNER and JOSEPH RUBIN,
as Trustees of the Ivan E.
Rempel Camp Hill Trust and
as Trustees of the Claire L.
Rempel Camp Hill Trust
Defendants
AND NOW, this
ORDBR
day of
, upon
consideration of Plaintiffs' Motion to Compel Discovery and
responses thereto, it is hereby ordered as follows:
1. Plaintiffs' Motion to Compel Discovery is GRANTED.
2. Defendants shall within
days of the date of
this Oider produce to plaintiffs all documents responsive to
Plaintiffs' Request for production of Documents in Aid of Drafting
, J.
I
~
r
t
~
r,
,
1:1
t
I~
.
~
,
~
Complaint.
3. Defendants shall within ____ days of the date of
this Order provide full and complete answers to Plaintiffs'
Interrogatories in Aid of Drafting Complaint.
Dated:
2. As reflected in that Return of Service, the Sheriff
also served the Rempels with Plaintiffs' Request for production of
Documehts in Aid of Drafting Complaint and Plaintiffs'
Interrogatories in Aid of Drafting Complaint, true and correct
copies of which are attached hereto as Exhibits Band C.
3. Defendants have failed to respond in any fashion to
the request, despite two let tars from undersigned counsel, dated
July 30, 1996, and November 1, 1996, true and correct copies of
which are attached hereto as Exhibit D.
4. No counsel has yet entered an appearance on behalf
of Defendants.
5. Defendant Dean A. Weidner, sued in his capacity as
Trustee of the Ivan E. Rempel Camp Hill Trust and of the Claire L.
Rempel Camp Hill Trust, accepted service of the Writ on May 13,
1996. ~ Acceptance of Service attached hereto as Exhibit E.
6. The Interrogatories and Request for Documents were
served upon Mr. Weidner, together with the Writ and the Acceptance
of Service Form. ~ letter of May 7, 1996, a true and correct
copy of which (minus its attachments) is attached hereto as
Exhibit F.
7. Mr. Weidner subsequentl.y advised that he had
referred the discovery to Patrick Carey, an attorney who is
representing Mr. Weidner in related litigation in Dauphin County.
Undersigned counsel wrote Mr. Carey but has received no response.
~ letter of October 29, 1996, a true and correct copy of which
is attached hereto as Exhibit G.
-2-
"
, .
I
I
I
,I
!
,
I
1
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CARL DAVIS, THOMAS CRABTREE,
G. DOUGLAS ROHRBAUGH, JAMES D.:
NOVINGER, GARY L. HOUCK
and the BARON GROUP,
t/d/b/a 931 ASSOCIATES;
AND MICHAEL A. SERLUCO
Plaintiffs
v.
No. 96-2256
Civil Action
IVAN E. REMPEL, CLAIRE L.
REMPEL, and DEAN A.
WEIDNER and JOSEPH RUBIN,
as Trustees of the Ivan E.
Rempel Camp Hill Trust and
as Trustees of the Claire L.
Rempel Camp Hill Trust
Defendants
PLAINTIPFS' INTERROGATORIES TO DBPBNDANTS
IN AID OP DRAPTING COMPLAINT
Plaintiffs Carl Davis, et al., hereby request, pursuant
to Rules 4005-4006, that within thirty (30) days from the date of
service hereof defendants answer the fOllowing Interrogatories
separately and fully in writing and under oath. The nature of the
cause of action is that Ivan E. Rempel and Claire L. Rempel
engaged in a fraudulent conveyance in the transfer to their trusts
of real property located at 240 East Lauer Lane, Camp Hill, PA.
I . DEPINITIONS
The following definitions are applicable to these
interrogatories:
A. "Document" means any written, printed, typed, or
other graphic matter of any kind or nature, however produced or
reproduced, including photographs, microfilms, phonographs, video
and audio tapes, punch cards, magnetic tapes, discs, data cells,
drums, and other data compilations from which information can be
obtained.
B. "Identify" or "Identity" means when used in
reference to--
1. A natural person, his or her: full name; and
present or last known residence and employment address (including
street name and number, city or town, and state or county) ;
2. A document: its description (e.g., letter,
memorandum, report, etc.), title, and date; its subject matter;
its author's identity; its addressee's identity; its present
location; and its custodian's identity.
C. "Person" means a natural person, partnership,
association, corporation, or government agency.
II. INSTRUCTIONS
The following instructions are applicable to these
standard interrogatories:
A. Duty to answer. The interrogatories are to be
answered in writing, verified, and served upon the undersigned
within 30 days of their service on you. Objections must be signed
by the attorney making them. In your answers, you must furnish
such information as is available to you, your employees
representatives, agents, and attorneys. Your answers must be
supplemented and amended as required by the Pennsylvania Rules of
Civil Procedure.
B. Claim of privilege. With respect to any claim
of privilege or immunity from discovery, you must identify the
privilege or immunity asserted and provide sufficient information
to substantiate the claim.
c. Option to produce documents. In lieu of
identifying documents in response to these interrogatories, you
may provide copies of such documents with appropriate references
to the corresponding interrogatories.
D. Identify each person who assisted or participated in
preparing and/or supplying any of the information given in an.wer
to or relied upon in preparing answers to these Interrogatoriel.
E. Where knowledge or information in pOI.e.sion of the
plaintiff is requested, such request includes knowledge of
- 2-
plaintiff's ag~ntB, representatives, and, unless privileged, their
attorneys.
F. Unless otherwise indicated, the Interrogatories are
to be answered with respect to the time period from January 1,
1991, to the date of the answering of the Interrogatories.
G. If you cannot answer the Interrogatories in full
after exercising due diligence to secure the information, so state
and answer to the extent possible, specifying your inability to
answer the remainder and stating whatever information or knowledge
you have concerning the unanswered portions.
H. Any document or other material required to be
identified or produced in response to these Interrogatories which
plaintiff claims to be protected by the attorney-client or other
privilege shall be listed and identified with an appropriate
explanation for the baais of the privilege being claimed, and all
non-privileged portions of such documents shall be produced.
INTBRROGATORIBS
1. State the address of defendant Joseph R~bin.
2. State the dates of the creation Ivan E. Rempel Camp
Hill Tru'st and the Claire L. Rempel Camp Hill Trust.
3. Identify all assets which have at any time been
transferred to either the Ivan E. Rempel Camp Hill Trust and the
Claire L. Rempel Camp Hill Trust other than in a transaction in
which fair consideration was paid to the tl'ansferor of the
property.
-3-
"
"
,
4. Identify the current assets of the Ivan E. Rempel
Camp Hill Trust and the Claire L. Rempel Camp Hill Trust.
I
I
I'
i
5. If any assets have been transferred by the trust,
identify the recipients of such assets.
REED SMITH SHAW &
,~
Floor
17108
I,
, . . \ .
,
,',
"
'J.,
,
. ,I.
-4-
"
_II .....,.."",.. ..", ,"I~ UI" IIIr.rOn @
'I
,
,
i"',
'i 'I ',t'
""""
, ,I I,. I
'i-lt..'"...."""'.....,._~.-~'1'r'I:-I,-,.,...-!!l..-I'I;'~~$'.
" I'.' '-1,--" .' .,. .,\;.....',.1...,...,).,.,,_..,
' '.-..- ,', "'1- .-,!-;-r,n"'1 .;i(!":~Wl\j-iW\:-
"J, i. ", 'ift' "'. _<.~ "'.'F"
)\ i", :.!~. '.'
II i.I f " ':,,1.,1:1'
, W' }"j!'_L'_~:-'.
_./ I ,:' ;j.<~':'
Exhibit C
.-'
RIQUBSTS POR DOCUMlNTS
l.
Trust and the
amending such
Documents establishing the Ivan E. Rempel Camp Hill
Claire L. Rempel Camp Hill Trust and any documents
documents.
2. Documents reflecting the identity, value, date of
transfer to the trust, and/or present location of all assets which
have at any time been transferred to either the Ivan E. Rempel
Camp Hill Trust and the Claire L. Rempel Camp Hill Trust other
than in a transaction in which fair consideration was paid to the
transferor of the property.
3. Documents reflecting the current assets of the
Ivan E. Rempel Camp Hill Trust and the Claire L. Rempel Camp Hill
Trust.
4. Documents reflecting the transfer of any assets of
either Trust to trust beneficiaries or to other persons.
REED SMITH SHAW &
By
-:1!~
R bert B. Hoffman,
Attorney I.D. No.
213 Market Street,
P. O. Box 11844
Harrisburg, PA 17108
(717) 234-5988
, ,',
"
, :/:
,I.i',
-)-
I,'
~" >l~II,."~,~",,\,,.j ''''' m'.'" III" """1111 @
"
-~ ~ i'
, ,
,)
, ,
Exhibit E
,
, II
, il
~-_...'
...--...0-'
.- ..
...hl"I/') JI r-.1ynell_' l.t tU,../'II.l4n.,I01
.... 0._ ,LO,a,21 un
REED SMITH SHAW & MCCLAY
M~ILlHQ ~1I11
, 0, lOX HI""
H'ul'IIIl.:"G,'A 1710'.'144
213 MARKET STREET
HARRISBURG, PA 17101,2132
711'234,69B8
"""UIIlOH. ,.
W".HINOTON, DC
I'HIUOILP'HIA. 'A
Mcl.JAN. VA
",INCITON. NJ
FAX 717.238,3777
WRITER'S DIRECT OIAL NUMBER
(717) 234-9738
May 7, 1996
Dean A. Weidner, Esquire
Wix, Wenger, and Weidner
508 North Second Street
Harrisburg, PA ~7101'
Re: Davis, et al v. Ivan Rempel, et al
No. 96-2256 Cumberland County
Dear Dean:
I appreciate our recenr conversation. Enclosed is a
copy of the Writ of Summons, together with some preliminary
discovery requests pertinent to the trust issues. I also enclose
an acceptance of service form for yourself, which you graciously
agreed to execute and return to me. Not having heard from Tony
Stefanon, I will have the Rempels served. Since it is easy to
serve on out-of-state residents, we will serve Mr. Rubin directly.
You may want to notify him of this.
Finally, I enclose a copy of the Motion to Amend filed
in the Dauphin County Remlvn case. As I indicated, the primary
purpose of that Motion is to add the fraudulent conveyance claim
which would require you and Joe Rubin to be nominal defendants.
Thanks again for your courtesies.
Sincerely,
REED SMITH SHAW & McCLAY
By
Robert B. Hottman
RBH:ngw
Enclosures
, ,
''}.
o,SI ,
Z'1
1,''0
...!!.
n
-
"
'~ r
, I
i (Ot "- i ~
~".
'" ., I ;
in s~~ i ! I
, :r:
Q... ~~~
CI CO '50 i II ~
'I -
ti:~t, J (.) "'\~
Il
L~J If. 0..
~: C-l .,~ N I
~ .n '0
,",' , ~ .
,
,
"
I.
I I
.
'I
P .." ~
en
...,.. ~ ~i
f:.i 1'1
OJ,~! ' n
telt" N "'I
(,I. .: . &"' 'i
"'," 'J
~..\'~: "'tl ,1-
.... :.r; -I
".~C
~~' w ~1 I
~-i - ?:! Ii
-.. Q jl i
, \ !
il
, ,
I ,
\'0
, ,
, .
" I
\:,
,
I
I
,
I,
CARL DAVIS, THOMAS CRABTREE,
G. DOUGLAS ROHRBAUGH, JAlIES D. t
NOVINGER, GARY L. HOUCK :
and the BAROIl GROUP, I
t/d/b/a 931 ASSOCIATES I
AND MICHAEL A. SERLUCO I
PlaInt IUs I
I
I
:
I
I
I,
I
v.
No, 96-2256
Civil Act Ion
IVAN E. REMPEL, CLAIRE L.
REMPEL, and DEAN A.
WEIDNER and JOSEPH RUBIN
as Trustees of the Ivan E.
Rempel Camp Hill Trust and
as Trustees of the ClaIre L.
Rempel Camp Hill Trust
Defendants
CERTIFICATE OF SERVICE
I, DOUGLAS A. CLARK, ESQUIRE, hereby certify that I served a
true and correct copy of the Defendanta Responses of PlaintIffs Motion
to Compel DIscovery upon the following counsel by sending the
Ie LIi
First C1S88 U. S. Regular Msll, postage prepaid, on this .l
same
day
of January, 1997.
Robert Hoffman, Esquire
REED, SMITH, SHAW & McCLAY
213 Market Street
Harrisburg, PA 17101-2132
rIME, WYATT & CAREY, P.C,
By: \. \:'1" (,: j f, (.' ('{t, L
Douglas ,A. Clark, Esquirs
Attorneya for Defendant,
425 Spruce 5t reet
P.O. Box 590
Scranton, PA 18501-0S90
(717) 343-1197
(') I.f.) (")
~~. -I >"
-Or' '- .~ J
tnt, ::..
:";';,' ,.,. . i"'J
',' -I.!J
(q I':>
..'- , "
,.-' , ,1)
::.'" .~l ,.
'~
, " '-.. M)"
t,.-'l ~.l..
..
......l r;..' ,} I'n
-j
...: r.- ,I,\-j
>- (Jl
'",
,\
~.
I:
,
\
It
I,
I
r"
.
4. Denied as a conclusion of law to which no response is
required. By way of further anawer, undersigned couneel are entering
their appearance only on behalf of anawering Defendant Weidner.
5. Admitted.
6. Admitted.
7. Admitted in part and denied in part. It is admitted that
Attorney Weidner subsequently advised Plaintiffs' counsel that he had
referred the discovery to the undersigned, Attorney Patrick Carey, who
represents Attorney Weidner in other litigation in Dauphin County.
It is also admitted that Plaintiffs' counsel wrote Attorney Carey on
October 29, 1996, but it is denied that Plaintiffs counsel received no
response to his correspondence of October 29, 1996. By way of further
answer, the undersigned responded to Plaintiffs' Interrogatories and
Request for Productions of Documents and forwarded said responses to
Plaintiffs' counsel by letter dated December 26, 1996. The within
Defendant's responses to Plaintiffs Interrogato:'ies and Request for
Production of Documents are attached as Exhibits A and B and are
incorporated by reference or if set forth fully herein.
8. Denied. The within Defendant has fully responded to
Plaintiffs Discovery requests and by doing so is not impeding the lit-
igation of this action.
-'
'"
WHEREFORE, baaed upon the foregoing, the withln Defendant,
Dean A. Weidner, respectfully request thot this court dismiss
Plaintiffs Motion to Compel Discovery ao it relates to him in that he
has responded to Plaintiffs Discovery Requests.
BYI
Edward A.
& CAREY, P.C.
!l<it~A tJ
BYI
Dougl A. ,
425 Spruce Street
P.O. Box 590
Scranton, PA 18501-0590
(717) 343-1197
'{
'I
i
x
"
,j
,
,
"
",<
'.' ,
,
, ..,
"','.\ ,'Ie
.'
_.
CARL DAVIS, THOMAS CnABTREE
and G. DOUGLAS ROHRBAUGH,
Plaintiffs
IN THE COURT or COMMON PLEAS
OF CUMBERLAND COUN'rY
CIVIL ACTION - LAW
v.
IVAN E. REMPEL, CLAIRE L.
REMPEL, and DEAN A. WEIDNER
and JOSEPH RUBIN, as Trustee of
the Ivan E. Rempel Camp Hill
Trust and as Trustees of the
Claire L. Rempel Camp Hill Trust,
Defendants
NO. 96-2256
DEFENDANTS' RESPONSE TO PLAINTIFFS' REQUEST FOR PRODUCTION
IN AID OF DRAFTING COMPLAINT
1. - 4. Objection. Attorney Weidner is currently in the process
of resigning as trustee of all Rempel trusts, and returning all docu-
ments associated therewith to the Rcmpels. Therefore, the subject
discovery requests and Interrogatories should more appropriately be
addressed and responded to by the Rempels. Additionally, these docu-
Respectfully Submitted,
i,
f
I
I
I
,
I
~
I
ments are undiscoverable by virtue of the attorney/client privilege.
FINE, IIYATT & CAREY, P.C.
'0
By: \
PATRICK C. CAREY, ESQUIRE
Attorney for Defendants
425 Spruce Street
P.O. Box 590
Scranton, PA 18501-0590
(717) 343-1197
., .~
I',
I, PATRICK C. CAREY, ESQUIRE, hereby certify that I served a true and correct copy
of the foregoing Defendants' Answers to Plaintiffs' Response to Plaintiffs' Request for
1 '
Production of Documents in Aid of Drafting Complaint by First Class. U.S, mail, post prepaid in
Scranton. PeMsylvania on the 26th day of December, 1996 upon the following:
I
I,
ROBERT HOFFMAN. ESQUIRE
REED, SMITH, SHAW & McCLAY
213 MARKET STREET
HARRISBURG. PA 17101.2132
r
"
I'
,;/
'I
,\
Respectfully submitted.
)';
FINE, WYAIT &: CAREY, P.C.
BY:~' ~ ~.
PATRICK C. CAREY. ESQUIRE
I'. I"; I
i.I,'
~.
, .
C" ..0
.. , '";1
l' -.l
~ I' "
'"t~ ~, ' . ',I
,., , .
. ,-"
.' ,I~
~~ I;:;) "
roo "
.'J J.'J
:J; " :.
5 ; (.)
1'.' jfn
.. .
;..'1 ,.". 'I
.. en ....
"
. .
GOLDBERG. KATZMAN. SIIIPMAN. P,C.
Tho..... J, Weber, Eoquiro ,I,D, .68863
Ano,...... for Ploinllflt
320 Ma,"". Stroet
p, O. Bo. 1268
tlnn.burn. PA 17108 1268
171712:14.4161
CARL DAVIS, THOMAS C. CRABTREE,
G. DOUGLAS ROHRBAUGH, JAMES
D. NOVINGER, GARY HOUCK,
MICHAEL SERLUcO,
IN THE COURT OF COMMON PLEAS
a.JMBERLAND COUNTY, PENNSYLVANIA
NO, 96-2256
CIVIL
Plaintiffs
v.
IVAN E. REMPEL, ClAIRE L. REMPEL,
DEAN A. WEIDNER, TRUSTEE,
JOSEPH A. RUBIN, TRUSTEE,
Defendants
STATUS REPORT AND OBJECTION TO PURGE LIST
1. This matter was initiated on behalf of the plaintiffs by Robert B. Hoffman,
Esquire, to toll the statute of limitations and preserve a claim for recovery of possible damages
thai may arise out of a separate lawsuit pe.nding in Dauphin County, Pennsylvania, captioned
at 1200 S 1992.
2, Concomitantly with filing this status report, undersigned counsel is filing a
praecipe of entry of his appearance on behalf of all plaintiffs other than Michael A Serluco,
3, The action pending in Dauphin County has been scheduled for trial on a date
certain of January 22,2001. See copy of Dauphin County Order attached hereto as Exhibit
lIAn,
I
i
I.
:'.'
"
,
I
\:
'I
.'
"
',"
,,:.
"
";1.,
"
,
n."...'......
,.\'1
.
,,'
~.l.ll1'
CERTIFICATE OF SERVICE
I hereby certify that I am this date serving a copy of the foregoing document upon the
person(s) and In the manner indicated below. which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail,
Harrisburg, Pennsylvania, with first-class postage, prepaid, as foUows:
Patrick C. Carey, Esquire
130 North Washington Avenue
p, O. Box 590
Scranton, PA 18501
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By:
Attorneys for Plaintiffs
Dated: October 25, 2000
I.,.
,
'I""
it'
"
',i. I, ,'1,1
t'_l
I, 'I,'
, ,
1':1
'i
'..1
,',,'..11,:
, ,
"
,
iI,
\
~t
I
I,
,
,
g CI ('",I
C'~\ ','
.,
"ur.., ~
,"
rzq\ .,... .,..
N .,
"5 "'1'
tri- o'
~c '. (P)
I-r
"f! t..,\
'(""' ~ ' ",~.
~~ r:- .h~
t,)
.. ..,
..., 0 ~
~
.- (.,)
.
",
n Cl >
~; ,~~) 'I
C'l ,
Ifu n ,
'~ ._~ ,
l') .'
,
CT> ,
,.1(";
~C 'r:> j")-,.
'Q -"" ,.1,1
"-tIt']
. lcJ of.' ' ,
~ .~ ~
-,
,c.:> ~i
.... (,oJ ",
-
ell
..........
.,.. IV Q.I
=C:QJ~.
CT", "'0
.".,..oIool.....
....elIVl.....
:a ...
. ",
...", e
elIeo<
Cft:lUc.
"C ell
.,.. s..c.n "
4IelI I;7l
:a "".<: I-
e....::I
.. QJ s....Q
<:aOlll
Z.....
e. I-
'" >< ClO I-
GJ.,.. 0 ro
C:all>:!:
,
"
"
~ '" ~ ~
~ is
"
'"
X '" ... j!
... z . ~
4 ... ~
... "
" ~ . ~ 't,
. ... 't 't ~
~ 't i:; ~ ... ~
~ ... ~ ... ... ...
... Co<
Co< - Z '" 'll 0 it
'" " Oll:
= .. i ~ "' ~
'- "':,;i ...
t:: "' Ii
J " ;;: ~
'" ~
Oi ~ ~
~ "
..
J:
II:
\
:jl
,
-'
ell
...
.... >,
::I'"
CT...-
lIlU
....u
:II:
ClO
o
...
.....
...
.
eoa
'"
E ;,~
.... "'~<
lto--.cooa..
OVl'"
:!: ... .
.<: ""
. +-l >< s..
co.,.. 0 :J
E<O ~
....Vl 1Il
50. "'"
elI",O ...
~elI I-
OQJ..ra
"''''...:X: