Loading...
HomeMy WebLinkAbout97-02332 ~ .~.. .:: \t 't ~ ~ ')- ~ ~ ~ ~ - . - .:) 'i l\') r<) 2/ \)- . ~ , /J /" ~; ! JOliN H. IlROU)OS HUlI!:'I),)C. GILROY BROUJOS & GILROY, I'.C. Al'IlJRNI;VS Al LAIV 4 NORTIf HANO\'Ul SI RI.I:I' CARUSI.I. PtNNWI.VANIA 171113 717-243-4574 717.766-1690 I'^,,, 243-8227 January 23, 1998 Anthony L. DeLuca, Esquire I \3 Front Street Boiling Springs, PA 17007 David Perkins, Esquire 126 E. King Strecl Shippensbnrg, PA 17257 RE: Barr vs. Martin; Arbitration .. January 27, 1998 at 9:00 a.m. Dear Gentlemen: I have been advised by counsel for the panies in the above matter lhal a settlemenl has been reached. Therefore the arbitration hearing set for Tuesday is cancelled. ( , ", .Sincerely yours, ".,,~~Y~ J~ H. Broujos slm cc: Gregory J. Katshir, Esquire Louis J. Adler, Esquire RICHARD BARR Vdlb/a RICK BARR RACING Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V5. NO. 2332 CIVIL 1997 MICHAEL L. MARTIN, MICHAEL L. I\fARTIN, INC., MICHAEL L. MARTIN Vd/b/u MI\II RACING and MICHAEL L. MARTIN, INC. Vd/b/a MI\II RACING Defendant OATH ar (or ) that we will support, obey and defend the Conslitution of the United States IS Commonwealth and thaI we will discharge the duties of our office with fidelity. Joh JiAnthony L. DeLuca. Esquire David Perkins, Esquire A WARD We, the undersigncd arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for dclay arc awardcd, they shall be scparatcly stated.) Award against Michael L. Martin, Inc. in the amount of $1.750.00. Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: January 27. 1998 John H. Broujos, Esquire, Chairman )< . Anthony L. DeLuca, EsqUire Date of Award: January 27, 1998 David Perkins. Esq uire NOTICE OF ENTRY OF AWARD Now, the _ day of 199a. at nine o'clock a.m., the above award wa~ enlcred upon the docket and notice thereof given by mail to the parties or thcir attorneys. Arbitrators' compensation to be paid upon appeal: $ Prothonotary By: Deputy BOARD OF ARBITRATORS John H. Broujos, Esq. .r~ 1 't'J.::.. ~ (;~ '0/ ~ Anthony L. DeLuca, Esq. ct ' 113 Front Street Boiling Springs, P A 17007 258-6844 )- ~' , ':-'l: ~;;: ~~ (. ....'" .~ '.... y 3'loY 'b' . "IS b"" " David Perkins, Esq. 776-4295 126 E. King Street t ,)- Shippensburg, PA 17257-1397 I." IJ'>~ 1Jc '~. ~ Tue Jan 27 Thur JOft 29 (lm Fri JOft 39 Tue Feb 10 Wed Fell II Wed Feb 18 Thur Feb 19 Fri Feb 20 Tue Jan 27 Thur JM 29 (lm Fri JM 39 Tue Feb 10 Wed Fell II Wed Feb 18 Thur Feb 19 Fri Feb 20 Tne Jan 27 Thur J8ft 29 (lm Fri J8ft 39 Tue Feb 10 'Ned Feh I I Wed Feb 18 Thur Feb 19 Fri Feb 20 COUNSEL qAt.A q ,... (I/\. Gregory J. Katshir, Esq. 763-8133 Tue Jan 27 q AM 900 Market Street Thur J8ft 29 (lm Lemoyne, PA 17043 Fri Jan 39 Tue Feb 10 Wed Fell II Wed Feb 18 Thur Feb 19 Fri Feb 20 iJ)' IlJ Louis J. Adler, Esq. 234..1289 (rue Jan 27 ) qf\1'^ 125 Locust Street Thur J8ft 29 (lm Harrisburg, PA 17101 '10 Fri J8ft 39 ,1,liI Tue Feb 10 ll-/9' '.Vel:! Fell II Wed Feb 18 Thur Feb 19 Fri Feb 20 Courtroom is available: all Court Administrator to confinn use of Old Courthouse -- 2nd Floor Courtroom (240-6200) RICIIARD BARR tld/b/ll RICK BARR RACING Pllllntiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V5. NO. 2332 CIVIL 1997 MICHAEL L. MARTIN, MICIIAEL L. MARTIN, INC., MICHAEL L. MARTIN tldlb/ll MMI RACING llnd MICHAEL L. MARTIN, INC. tldlb/ll MMI RACING Defendant OATH We do solemnly swear (or artinn) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our ortice with fidelity. John H. Broujos, Esquire, Chainnan Anthony L. DeLuca, Esquire David Perkins, Esquire AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or artinned), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: January 27, 1998 John H. Broujos, Esquire, Chainnan Date of Award: January 27, 1998 Anthony L. DeLuca, Esquire David Perkins, Esquire NOTICE OF ENTRY OF AWARD Now. the _ day of __. 1998, at nine o'clock a.m., the above award wa~ entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arhitrators' compensation to be paid upon appeal: $ Prothonotary By: Deputy RICHARD BARR Udlb/a RICK BARR RACING Plaintiff IN THE COURT OF COMMflllAftJ'f b . CUMBERLAND COUNTI', PENN~~"IAf1r'J' V5. NO. 2332 CIVIL 1997 MICHAEL L. MARTIN, MICHAEL L. MARTIN, INC., MICHAEL L. MARTIN Udlb/a MMI RACING and MICHAEL L. MARTIN, INC. Udlb/a MMI RACING Defendant NOTICE OF HEARING BY BOARD OF ARBITRATORS YOU ARE HEREBY NOTIFIED that the Board of Arbitralors appointed by the Court in the above caplioned case will sit for the purpose of lheir appointmenl in the above captioned action on Tuesday, January 27, 1998 at 9:00 a.m. in the Second Floor Hearing Room of the Old Cumberland Counly Courthonse, Carlisle, Pennsylvania. January 8, 1998 OF ARBITRATION: R~ H, BROUJOS, ESQUIRE, CHAIRMAN ANY L. DELUCA, ESQUIRE DAVID PERKINS, ESQUIRE COPIES TO: Gregory J. Kalshlr. E.,quire AI/Oriley for l'IainlijJ LOllis J. Adler. Esquire AI/Oriley for Defendant F: '["I ,~' ,. ~~ I.,:' 'C',' .01 ':;/ r": ': I:: I. n c~:: r' i. ~ ~ - ('.J ~ IV) , ' v. \ '- -~ ~ lI,t", '-' , ' .( 1.1: ' ' ~ \ , . ( ~) i L' , . \ri ~ l_~. I , " " L'_ f"~. -, ; .' ,. <, .. GREGORY J. KATSHIR . ~ Attornoy at Law 900 Markot Slreol Lemnyno, Pennsylvania 17043 (717) 763-6133. Fax (717) 763-9425 RICHARD BARR t/d/b/a RICK BARR RACING Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. MICHAEL L. MARTIN, MICHAEL L. MARTIN INC, MICHAEL L. MARTIN t/d/b/a MMI RACING and MICHAEL L. MARTIN, INC. t/d/b/a MMI RACING Defendants NO. 97-2332 CIVIL TERM PLAINTIFF'S REPLY TO NEW MATTER 1. Paragraphs 1 through 19 of Plaintiff's Complaint are incorporated herein by reference as if set forth in detail. 2. Paragraph 21 is denied. Michael L. Martin individually was involved in the matters which are the subject of the within action. After reasonable investigation the Plaintiff is without sufficient knowledge or information to form a belief as to the extent of his involvement and proof thereof is demanded at the time of trial. 3. Paragraph 22 is denied. Plaintiff has registered a fictitious name as is required by 54 Pa. C.S.A Section 331. By way of further answer, Defendants have full knowledge of the true identity of the person who comprised the entity which is alleged to not be registered as a fictitious name. 4. Paragraph 23 is admitted in part and denied in part. It is admitted that Delwin Barr is the father of Plaintiff and that he managed MMI. It is denied that Delwin Barr received all funds, made all disbursements and maintained all of the records. Delwin Barr was an employee of Defendants. Any action by Delwin Barr for MMI was subject to the supervision and control of Michael L. Martin, either acting individually or as agent for MMI and/or Michael L. Martin, Inc. ~ed' tshir, Esquire Plaintiff PA ID #61967 900 Market street Lemoyne PA 17043 (717) 763-8133 VERIFICATION BY COUNSEL I am the attorney of record for the Plaintiff. I verify that the statements made in this pleading are true and correct to the best of my knowledge, information and belief based upon my conversations with the Plaintiff and the information provided to me by the Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: b/~/'i) I I RICHARD BARR t/d/b/a RICK BARR RACING Plaintiff, ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CIVIL ACTION - LAW ) ) ) ) NO. 97-2332 CIVIL TERM ) ) ) ) ) ) ) vs. MICHAEL L. MARTIN, MICHAEL L. MARTIN INC., MICHAEL L. MARTIN t/d/b/a MMI RACING and MICHAEL L. MARTIN, INC. t/d/b/a MMI RACING Defendants. CERTIFICATE OF SERVICE I, hereby certify that a true and correct copy of Plaintiff's Reply to New Matter was served by mailing same, regular I s-r r.- United States Mail on the th day of S,,\ V , 1997 as follows: - I Louis J. Adler, Esquire Adler & Claraval 125 Locust Street P.O. Box 11933 Harrisburg PA 17108-1933 Gregory J. a shir, Esquire Attorney fo Plaintiff PA ID #6196 900 Market Street Lemoyne PA 17043 (717) 763-8133 >. j :.'; ," (': ,- ,:..: ~~ -, IllS , , , ". , , - , , ,) I':' I..' L.'~. " ~', ;.i , . , )1 " :,j'" I c.::l' _I ., j:'..: =~ " ~ J I...... ., r- .... CJ ~.) '" U . GREGORY J, KATSHIR Attorney al Law 900 Markel Slreel Lemoyne. Pennsylvania 17043 (717) 763-6133 . Fax (717) 763.9425 RICHARD BARR t/d/b/a RICK BARR RACING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL L. MARTIN, MICHAEL L. MARTIN, INC., MICHAEL L. MARTIN t/d/b/a MMI RACING, and MICHAEL L. MARTIN, INC. t/d/b/a MMI RACING, NO. 97-2332 CIVIL TERM Defendants CIVIL ACTION - LAW ANSWER WITH NEW MATTER ANSWER AND NOW, come the Defendants, Michael L. Martin, Michael L. Martin, Inc., Michael L. Martin, t/d/b/a MMI Racing, and Michael L. Martin, Inc., t/d/b/a MMI Racing, by and through their attorney, Louis J. Adler, and thereby aver as follows in response to Plaintiff's Complaint: 1. Admitted. 2. Denied. Michael L. Martin resides at 11 Valley Road, Etters, Pennsylvania. 3. Admitted. 4. Admitted in part and denied in part. Defendant Michael L. Martin as an individual has no relationship with MMI Racing. Michael L. Martin, Inc., t/d/b/a MMI Racing (hereinafter referred to as "MMI"), admittedly is an entity with a mailing address of 52 Rear Market Street, Lemoyne, Pennsylvania 17043. 5. Admitted in part and denied in part. It is admitted that Plaintiff has raced limited late model racing cars at race tracks in eastern and western Pennsylvania and Maryland. It is denied that Defendants are in the bU8iness of sponsoring race car teams. The Defendant, Michael L. Martin individually is not involved in any way whatsoever with race cars. The Defendant MMI was the owner of a race car and is in the business of repairing and repainting race cars, but is not and has not been in the business of sponsoring race car teams. 6. Denied. Michael L. Martin individually has not been in any way involved with the within circumstances. It is denied that Michael L. Martin individually acting on behalf of MMI, made an arrangement with the Defendant whereby the Plaintiff would be permitted to race a car owned by MMI. It is admitted that MMI and Plaintiff entered into an arrangement as more particularly described herein but not as part of a race car team. -2- 7. Admitted in part and denied in part. It is admitted that on or about October 1992, Plaintiff and Michael L. Martin acting on behalf of MMI and not individually entered into an arrangement whereby ;:he Plaintiff would be permitted to drive Defendant MMI' s car in exchange for which MMI would pay the expenDes therefor and receive any income generated thereby. It is further admitted that Plaintiff was not to be paid for his involvement, but on the contrary, benefited by having the use of the vehicle. 8. Denied. At the time of the arrangement, the existence of a contract as stated having been denied, Plaintiff wished to purchase a back-up motor for MMI' s vehicle whereupon Plaintiff sold his car and motor which were well worn and MMI understood that the proceeds were contributed to the back-up motor. It is denied that there was ever any agreement concerning the replacement of Plaintiff's car or the cash equivalent therefor in the event of termination or otherwise. The contribution was made solely for the benefit of Plaintiff in pursuing his drivin~ prowess. 9. Admitted in part and denied in part. Plaintiff was not induced to enter into any agreement whatsoever as previously set forth. On the contrary, it is averred that the arrangement was -3- as stated aforesaid that Plaintiff was to receive no replacement car or cash equivalent. It is admitted that he had no monetary obligation in the arrangement which the parties undertook. 10. Denied. The amounts received by the Plaintiff for the sale of his racing car and car motor are denied for the reason that after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof thereof is demanded at the trial of the cause hereon. 11. Denied. The amount contributed by Plaintiff is denied for the reason that after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof thereof is demanded at the trial of the cause hereon. It i:.. believed and hence averred that any sums deposited by Plaintiff were utilized to purchase the back-up motor as set forth above. The existence of any oral agreement as stated or the reliance thereon by Plaintiff or any agreement to reimburse Plaintiff in the event of termination or otherwise is denied for the reasons set forth above which are incorporated herein by reference. -4 - 12. Admitted in part and denied in part. It is admitted that on or about March 26, 1992, and through the summer of 1996, Plaintiff drove the race car owned by MMI. It is denied that he was a driver for Defendants' racing team in that there was no "team". The number of races in which Plaintiff drove is denied for the reason that after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof thereof is demanded at the trial of the cause hereon. 13. Denied. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof thereof is demanded at the trial of the cause hereon. 14. Denied. The Defendant Michael L. Martin individually received no prize money in that Michael L. Martin individually was not involved. It is believed and hence averred that some of the prize money was iirected to the account of MMI which was managed by Delwin Barr. The amount of Plaintiff's winnings, whether all of the money was directed to the account of MMI or whether the Plaintiff received any of the prize money, is denied for the reason that after reasonable investigation the Defendants are without knowledge or information sufficient to form -5- a belief as to the truth of the averments and proof thereof is demanded at the trial of the cause hereon. 15. Denied. It is denied that any agreement was terminated in that there was no agreement as stated. It is believed and hence averred that the arrangement of the parties was terminated several months prior to December, 1996. The existence of a race team is further denied as stated aforesaid. 16. Denied. The existence of an oral agreement is denied. Plaintiff's performance as a race car driver was unsatisfactory in that his work did not measure up to the standard of the equipment which was at his disposal, and further it is believed and hence averred that on numerous occasions he was not even able to participate because of inadequate preparation. 17. Admitted in part and denied in part. It is admitted that the Defendant MMI has refused to reimburse Plaintiff for any sums demanded. The existence of an oral agreement as outlined by Plaintiff having been previously denied, it is denied that the refusal was a breach of any such agreement. Buy way of further answer thereto, it is averred that Michael L. Martin individually was not involved in any transaction between the parties. -6- 18. Admitted in part and denied in part. It is denied that MMI sold any parts OWNED by Defendant and therefore no proceeds from the sale of such parts were retained. The existence of a race car team or oral contract as stated is denied. It is denied that Plaintiff purchased any car accessories for any such team. Whatever expectations Plaintiff may have had or purchases that he made are denied for the reason that after reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of said averment and therefore proof is demanded at the trial of the cause hereon. It is admitted that Defendants have refused to reimburse Plaintiff for any such purchases if any were in fact made as there was no obligation to do so. 19. Denied. The oral agreement as stated having been denied as stated, and the existence of a racing team having been denied it is denied that plaintiff extended any sums whatsoever to any such team or that Defendant is entitled to any sums whatsoever. WHEREFORE Defendants demand that the within action be dismissed together with cost of suit. -7- Y:.!i!BI.r;U~AIIQN I verify that the statements made in the within Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904. relating to unsworn falsification to authorities. Date: June 9. 1997 MICHAEL L. MARTIN, INC. BY:~ ichael L. Martin President RICHARD BARR t/d/b/a RICK BARR RACING, Plaintiff IN THIl COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL L. MARTIN, MICHAEL L. MARTIN, INC., MICHAEL L. MARTIN t/d/b/a MMI RACING, and MICHAEL L. MARTIN, INC, t/d/b/a MMI RACING, NO, 97-2332 CIVIL TERM Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Answer and New Matter upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing same in the United States mail, with first class postage, prepaid, from Harrisburg, Pennsylvania, as follows: Gregory J. Katshir, Esquire 900 Market Street Lemoyne, PA 17043 Respectfully submitted, ADLER !< CLARAVAL dvv Date: June 9, 1997 By: Louis J. Adler, Esquire PA Attorney 1.0. No. 07040 P.O. Box 11933 125 Locust Street Harrisburg, PA 17108 (717) 234-3289 Attorney for Defendants I,: ('J t"" i.. UI' e ~ , l,. ... ()~ (" :1< U. .. i.., , ( ,., :~ \' CI r- , ' J . 0-1 ~ o>l; P:: ...I til ~ Ei Eo< Eo< ~ l!l ~ III til Eo< ~ Q) .... o>l; ~ ~~ ~ 0 Eo< .Q , ~ :s ~~g~~ .... Z .... 'tlt? H 3: d i~~!~~~ '.-1 ....Z Eo< til > +lH P:: Z '.-1 U . o>l; olI U P::o>l; > ~ :I: -'0 ~~t:. P::P:: Eo< P:: N o>l; . H ~ ~~'I "~ <'1 1IlP:: 0-1 3: ...I <'1 Q~ 0 N 0-1 P:: < I ~1Il til til to- o>l; 3: '" :I::><: :I: Ul . UU U Z 0 HH H o>l; Z P::P:: ~ . >- In .. n; N , j:' " lU(' <" , <'" r-':~~t L_ 'j ~~. r-. ::~ " ,,~ ~.~ '.. I i '.~-I 0:, ..... ..I:'\... t'- ~ .. IJ. r- .~'J U "'" U - -- ..-.' ......... RICHARD BARR t/d/b/a RICK BARR RACING Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, (1'/. ;) 31J, (~':';'1 r:",~ MICHAEL L. MARTIN, MICHAEL L. MARTIN INC, MICHAEL L. MARTIN t/d/b/a MMI RACING and MICHAEL L. MARTIN, INC. t/d/b/a MMI RACING Defendants COMPLAINT AND NOW, comes Plaintiff, Richard Barr, t/d/b/a Rick Barr Racing, by and through his attorney, Gregory J. Katshir, Esquire, with the following Complaint as follows: 1, Plaintiff is an adult individual residing at 308 Glenn Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant Michael L. Martin, (hereinafter "Martin") is an adult individual residing at 584 Grandview Drive, Lewisberry, Pennsylvania. 3. Defendant Michael L. Martin, Inc. (hereinafter "Inc.") is a duly organized Pennsylvania corporation with its registered office at RD #1 Etters, Pennsylvania 17319 and a mailing address of 584 Grandview Drive, Lewisberry, Pennsylvania. Defendant Martin is the registered chief executive officer of Inc. 4. Defendant Martin t/d/b/a MHI Racing and/or Defendant Inc. t/d/b/a MMI Racing (hereinafter "MMI") is an entity with a mailing address of 52 Rear Market Street, Lemoyne, Pennsylvania 17043. 5. Plaintiff has raced limited late model racing cars at race tracks in Central and Western Pennsylvania, and Maryland. Defendants are in the business of sponsoring race car teams. 6. On or about September, 1992, Martin, acting on behalf of himself as an individual or as duly authorized agent for MMI and/or Inc., contacted Plaintiff to attempt to induce Plaintiff to become a driver for his/its race car team. 7. On or about October, 1992, Plaintiff and Martin, acting on behalf of himself as an individual or as duly authorized agent for MMI and/or Inc., entered into an oral contract whereby Plaintiff agreed to serve as driver for the race team and Martin, MMI and/or Inc. would pay any and all expenses associated with racing, including but not limited to race entrance fees, car parts, racing car and fuel. Plaintiff was not to be paid for his services. 8. Additionally, pursuant to their contract, Plaintiff agreed to sell his racing car and car motor and contribute the proceeds of the sale to the racing team, with the express agreement by Martin, MMI and/or Inc. that, in the event that the business relationship would terminate in the future, Plaintiff would receive a replacement racing car or cash equivalent thereof as a reimbursement. 9. Plaintiff was induced into entering into the agreement with Defendants based upon the representations that he would receive a replacement racing car, or cash equivalent, and that he would have no monetary obligation in the business relationship with Defendants. 10. On or about May 14, 1993, Plaintiff sold his racing car for an amount of Four Thousand ($4,000.00) dollars. Plaintiff sold his car motor for an amount of Two Thousand ($2,000.00) dollars. 11. Plaintiff contributed six Thousand ($6,000.00) dollars, the proceeds of the sale of his racing car and car motor, to Defendants' racing team by paying for fuel, car parts, and entrance fees. This amount was contributed by Plaintiff in reliance upon the oral agreement whereby Martin, Inc. and/or MMI agreed to reimburse Plaintiff with a racing car, or cash equivalent thereof, in the event of a termination of the agreement, 12. From on or about March 26, 1993, and through the summer of 1996, Plaintiff served as race driver for Defendants' racing team. Plaintiff drove in approximately 120 races. 13. Over the term of the agreement, Plaintiff won three (3) races, finished in the top five forty-one (41) times and in the top ten eighty-five (85) times. 14. Over the term of the agreement, Plaintiff won approximately Thirty-Five Thousand ($35,000.00) dollars in prize money. All prize money was directed to Defendants. Plaintiff did not personally receive any of the prize money. 15. On or about December, 1996, Defendants unilaterally terminated the agreement between the parties. Defendants no longer wished for Plaintiff to serve its race team as race car driver. 16. Plaintiff has performed and satisfied his part of the oral agreement. 17. Defendants, however, have failed and refused to reimburse Plaintiff for his monies extended in reliance upon the oral agreement. Said failure to reimburse is a breach of the oral agreement between the parties. 18. Further, Defendants sold other car parts owed by Plaintiff and retained the proceeds. Plaintiff also purchased additional car accessories for the race team with the expectation of reimbursement, based upon the oral contract. Defendants have failed and refused to reimburse Plaintiff for such purchases. 19. Over the course of the agreement, Plaintiff extended an amount in excess of Eight Thousand ($8,000.00) dollars to Defendants' race team. Based upon the oral agreement entered into between the parties, Plaintiff is entitled to an amount of damages in excess of Eight Thousand ($8,000.00) dollars, including interest, but not to exceed Twenty Five Thousand ($25,000.00) dollars, from Defendants. WHEREFORE, Plaintiff requests damages in an amount not to exceed $25,000.00. Respectfully submitted, ~ Gregory Katshir, Esquire Attorney for Plaintiff PA 1D# 61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 1 ," .---., . I 1 RICHARD BARR t/d/b/a RICK BARR RACING, 2 Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 3 vs. NO. 97-2332 CIVIL TERM 4 MICHAEL L. MARTIN, MICHAEL L. MARTIN, INC., 5 MICHAEL L. MARTIN t/d/b/a MMI RACING and 6 MICHAEL L. MARTIN, INC., t/d/b/a MMI RACING, 7 Defendants. 8 9 Deposition Of: RICHARD BARR 10 Taken by: Defendants 11 Before: Pamela L. Packer Court Reporter-Notary 12 Date: August 14, 1997, 9:30 a.m 13 Place: ADLER & CLARAVAL 125 Locust Street Harrisburg, Pennsylvania 14 15 16 17 18 APPEARANCES: 19 GREGORY J. KATSHIR, ESQUIRE FOR - PLAINTIFF () ,,") 0 ~ co ., '- -.-~ ."... -;.- rd;.; :~ ',l:-rJ :f;.J( ro ,rn " N .,0 ('.1. .,;6 ,< ~-~\. -., - '" '-~'.l :.1) .' .~ ( , :o() :-t. , r:'i' ;jrn :> I ::;! <, :::l "j ~l.J -, \0 -< 20 ADLER & CLARAVAL 21 BY: LOUIS J. ADLER, ESQUIRE FOR - DEFENDANTS 22 ALSO PRESENT: 23 MICHAEL L. MARTIN 24 : -'-J 25 ORIGINAL 2 ,) 1 I N D E X 2 DEPONENT EXAMINATION PAGE 3 Richard Barr by Mr. Adler 3, 52 4 by Mr. Katshir 50, 57 5 6 7 8 9 E X H I BIT S 10 (None) 11 12 I 13 14 15 16 17 18 19 20 21 22 23 24 --J 25 3 .~ '\ 1 STIPULATION 2 It is hereby stipulated by and between 3 the respective parties that signing, oealing, 4 certification and filing are waived; and that all S objections except as to the form of the question are 6 reserved until the time of trial. 7 8 RICHARD BARR, called as a witness, being duly 9 sworn, was examined and testified, as follows: 10 BY MR. ADLER: 11 Q You are Rick Barr; is that right? 12 A Correct. 13 Q And, Mr. Barr, I'm Larry Adler. I'm 14 representing Michael L. Martin, Inc., and also Michael lS Martin involved in this individually. And have you ever 16 been involved in a deposition before? 17 A No. 18 Q All right. Well, the deposition is that you 19 are under oath and you've just been sworn in, and your 20 testimony will be taken concerning the matter at issue. I 21 will state questions to you. If you don't understand the 22 question, make sure you understand the question before you 23 answer. If you don't know the answer to the question, 24 indicate you don't know the answer to the question. 2S If you don't hear the question, although we're ....J 4 --,\ 1 only three feet apart, make sure that I speak loudly 2 enough so that you're sure to understand the question. 3 And, of course, you'll be answering the questions 4 truthfully. Do you understand all that? 5 A Yes. 6 Q Have you taken any medication this morning? 7 A No. 8 Q Is there any reason why you don't believe that 9 you could answer the questions which are about to be posed 10 to you? 11 A No. 12 Q Now, we have a court reporter here who's 13 taking down the testimony stenographically and so only one 14 of us can speak at a time. So wait till I complete my 15 question and I'll try to wait till you complete your 16 answer, although I'll probably violate that more than you 17 will. So we'll try to do that so that she can get the 18 testimony down properly based upon what is going on here 19 today. 20 Now, in preparation for this deposition today 21 have you spoken with your attorney? 22 A Yes. 23 Q And when did you do that? 24 A Off and on a couple times this week. . ,.....) 25 Q Did you go over with him the nature of this /"" 1 case and what might be asked to you? 2 A Yes. 3 Q Now, would you state for me your present 4 address, Mr. Barr? 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 that? y 22 23 24 25 A Q A Q A Q A Q A Q A Q A Q A Q 308 Glen Road, Camp Hill. How long have you lived there? About three years. And do you own or do you rent? Own. And are you married? Yes. What's your wife's name? Christine. And what is your occupation? I'm a plumber. And for whom do you work? For myself now. How long have you worked for yourself? Two weeks. All right. And where did you work before A Q A Q Leonard's Plumbing and Heating. How long did you work there? Almost two years. And where is Leonard's Plumbing and Heating? 5 ') 1 2 3 4 5 6 7 8 A Q A Q A Q A Q 6 In Camp Hill. Are they still in business? Yes. Did you leave there at your initiative? Yes. Are you a registered licensed plumber? Yes, I am. I'm a master plumber. Now, this car involves -- this case involves 9 racing cars and a relationship which is alleged that you 10 had with Michael L. Martin, Inc., and you've also alleged 11 that the relationship is with Michael L. Martin. When did 12 you first meet Mr. Martin? 13 A It had to be the end of the '92 racing 14 season. 15 Q All right. Now, in the pleadings I believe it 16 talks about September or October of '92. Is that -- well, 17 no. I'm sorry. Please strike that. Where did you meet 18 him? 19 A Well, I worked for Ron Caldwell Plumbing at 20 the time who subcontracted work through Mike. And he knew 21 of my racing because he sponsored another car and 22 basically saw that, you know, I wasn't in the best 23 financial shape .is far as my car wasn't top dollar, but 24 just he wanted to help out. ..,J 25 Q Well, let's go back. So you're saying that , 7 ~ ) 1 you first met him in the end of the 1992 racing season; is 2 that right? 3 A Well, actually I've known him before that. 4 Q When did you first know him? 5 A When I first started working for Ron Caldwell. 6 Q When was that? 7 A That would have been probably 1987, '88, 8 somewhere in that range. 9 Q All right. But did you know him in any way in 10 connection with the racing situation? 11 A No. 12 Q When did you first get to know him with 13 respect to the racing situation? 14 A The year of the '92 season. 15 Q How did you run into him there? 16 A He was sponsoring another car at the time. 17 Q And you were racing at that time? 18 A Yes. 19 Q For whom were you racing? 20 A For Rick Barr Racing, for myself. 21 Q All right. When did you start racing for Rick 22 Barr Racing? ,~ 23 24 25 A Q A 1990. Now, did you own a car? Yes, I did. 9 ") ) 1 engine? 2 A No. There wasn't an engine in it when I 3 bought it. 4 Q All right. But you had one engine and one 5 car? 6 A Right. 7 Q So again what was your relationship with Mike 8 Martin as far as racing is concerned at the end of 1992? 9 A Well, Mike first approached me about possibly 10 sponsoring me because I had actually questioned him about 11 sponsoring me for some money as far as, you know, 12 supporting the racing team. And then he wasn't interested 13 at the time because he was sponsoring another driver. And 14 then at the end of that year he actually called me and 15 said he wanted to help out in some way and first started 16 to talk about sponsoring me, but then it turned into what 17 if I don't sponsor you and you just -- I'll just buy the 18 car. 19 20 21 Q A Q And that's what happened; isn't it? Right. He bought the car. He didn't sponsor you, he just bought the car. 22 He was an owner, not a sponsor; right? 23 A Correct. 24 Q What is a sponsor? \...) 25 A A sponsor is someone who will give you money , \ ) "~ 10 1 for a race car for advertising for their business. 2 Q All right. But that was not the relationship 3 which you ultimately established; was it? I mean he was 4 the owner and you drove the car; right? 5 A Correct. 6 Q NOW, when did that happen? Strike that. When 7 did these conversations take place? In other words I know a in the end of 1992 you started these conversations. When 9 did you decide that he would buy a car and you would 10 drive? 11 A It was the end of the '92 season because we 12 went to a race track to watch the car race one last time 13 at Lincoln Speedway before we purchased it -- before Mike 14 did. 15 Q All right. So were you driving for Mike in 16 1992? 17 A No, not at all. 1a Q So when did you start actually? 19 A ' 92? '93, beginning of '93. 20 Q The beginning of ' 93? 21 A Is when I first started driving for him I 22 believe. 23 Q Now, did he purchase that car so that you 24 could drive it or did you already own that car? 25 A He purchased the car for -- yes, for me to 11 ,"") 1 drive it. 2 Q When did he do that? 3 A I'm not sure exactly the date, but it was 4 before the '93 season. It was over the winter, beginning 5 of '93 in January or the end of '92. 6 Q And that's when you started to drive; is that 7 right? B A Well, yeah. We actually stripped the car 9 apart, repainted it, got it ready for the '93 season. 10 Q Now, your understanding was -- why did you 11 want to enter into this arrangement? 12 A It was a good opportunity, you know, to drive 13 for someone else, and racing drivers drive for everybody 14 else all the time. 15 Q It was a good opportunity because it was 16 better equipment; wasn't it? 17 A It could be, yes. 1B Q And so that's what interested you, that you 19 would have the opportunity to drive a better car than you 20 were driving? 21 A Correct. 22 Q Now, however, you weren't to get any money out 23 of this transaction; is that right? 24 A I don't understand. ,-.-J 25 Q Well, you weren't to be paid to drive; is that 12 ') 1 right? 2 A 3 Q No. I drove for free. You drove for free because this gave you an 4 opportunity to improve your reputation and you prowess; 5 isn't that right? 6 A Correct. 7 Q So when was the car ready to start driving? 8 A Usually the first race was the end of March, 9 beginning of April. 10 Q And you undertook to drive at that time then; 11 is that right? 12 A Right. 13 Q And did you drive during the 1993 season? 14 A Yes. 15 Q But you hadn't driven at all under this 16 arrangement in 1992? 17 A Correct. 18 Q Now, you had been driving from 1990 to 1993 19 when you started to drive Mike's car; is that right? 20 A Correct. ,....) 21 Q And what was your record in terms of wins and 22 places and so forth up until the time that you drove 23 Mike's car? 24 A The first year I got rookie of the year and 25 finished 14th in points at Silver Spring and eighth place f 13 '-1 1 in points at Susquehanna. 2 Q When you say the first year, what was the 3 first year? 4 A That was my first year of racing. 5 Q In 1990? 6 A '90. Well, actually it was -- yeah, 7 around '90, somewhere in that range. I'm not completely 8 sure of the date. 9 Q Okay. 10 A And then the second year I finished 14th in 11 points at Silver Spring, and from that point on that's 12 when, beginning of '93 season when Mike took over. 13 Q Now, after you started driving Mike's car, did 14 your record improve or did your experience stay about on 15 the same level as it was before you were driving that car? 16 A It was improving. 17 Q Did his superior equipment have anything to do 18 with that? 19 A It helped. 20 Q And do you know who actually owned Mike's 21 car? Did Mike own that car individually or was it his 22 corporation that owned the car? 23 A I'm not sure. 24 Q So if it turns out that it was his corporation 25 and not him individually, you wouldn't know whether that "'?t.."J 14 ~ 1 was correct or not; would yOU? 2 A No, I wouldn't. 3 Q As far as who paid the expenses for the car 4 and who received the income, you don't know whether Mike 5 did that individually or whether his corporation did; do 6 you? 7 A No. 8 Q So if it turns out his corporation did, then 9 it was really the corporation with whom you were dealing; 10 isn't that right? 11 A Yes. 12 Q Now, have you discussed that with your father 13 at all as to whether or not it was Mike individually or 14 whether the corporation was involved? 15 A No. 16 Q So how long did you drive the car that was the 17 car that Mike first provided for you? When I say Mike, 18 I'm actually referring to the corporation, but he was the 19 president of the corporation. So how long did you drive 20 that first car that was provided to you? 21 22 23 24 A Q A Q For the most part of the '93 season. And then what happened? Then we bought a second car. What was the condition of that first car after ~ 25 the end of the '93 season? -) ) ._i 15 1 2 3 4 A Q A Q It was still in good shape. What happened to that car? It was sold then. You don't know how much it was sold for I 5 assume? 6 7 8 9 A Q A Q No. You had nothing to do with that? Absolutely. And the second car, how would you describe the 10 second car? 11 A The second car was a brand new car that it was 12 the first car that MMI actually built. 13 Q Okay. And so they built that as a new car? 14 15 16 A Q A Correct. And when was that car available for use? By the end of the '93 season. I probably 17 raced about five, six races with it. 18 Q So that wasn't available till the end of 19 the '93 season? 20 A Correct. 21 Q Now, up until this time when you had the first 22 car, you still had your car and its motor; isn't that 23 right? In other words up until in the beginning of 1993 24 you still had your car; is that right? 25 A Correct. I 16 1 Q And had you started to drive for Mike yet then 2 while you still had your car? 3 A Yeah. 4 Q So the beginning of '93 you had driven for 5 Mike and you still had your car? 6 A Correct. 7 Q Were you using your car at all? 8 A No. 9 Q It was just sitting there? 10 A Yup. 11 Q So what happened with respect to your selling 12 your car; how did that happen? 13 A What, I don't understand. 14 Q Well, you sold your car; didn't you? 15 A Yes. 16 Q And you sold the motor; is that right? 17 A Correct. 18 Q And you sold them separately; isn't that 19 right? 20 A .-i 21 22 23 24 25 Q A Q A Q Correct. What did you get for the car? About $4,000. Who did you sell it to? His name is Todd Burkheimer. Is the car still alive? 18 ') 1 A I heard through the grapevine that, yes, it is 2 still alive. 3 Q Now, as a matter of fact -- when did the sale 4 of your car and this engine take place? Was it in the 5 Spring of '93? 6 A It was the Spring of '93 that he gave me a 7 deposit on the car. 8 MR. KATSHIR: If I may interject to clarify 9 the question as to the motor and the car. 10 BY MR. ADLER: 11 Q Okay. Well, was the motor and the car sold at 12 two different times? 13 A Correct. 14 Q When did you sell the car? Let's talk about 15 that. When did you get the deposit for the car; was that 16 in the Spring of '93? 17 A Yes. 18 Q You were already driving for Mike? 19 A Correct. 20 Q And you were already working on this new car 21 that was being built? ..,..,) 22 23 24 25 A Q A Q No. That hadn't started yet? No. When did you sell the engine? 19 ") 1 A It wasn't too long after that. It wasn't too 2 long after that. 3 Q When did you get the rest of the money for the 4 car after you got the deposit? 5 A That had to be in July or August of '93. 6 Q And at that point you were already building 7 the new car; is that right? 8 A I'm not sure. 9 Q Now, did you talk to Mike about -- before you 10 sold the car and before you sold the engine, did you talk 11 to Mike about that that's what you were going to do? 12 A Yes. 13 Q Did you tell Mike that you wanted to do that 14 and contribute that money to the MMI operation? 15 A He asked me to contribute to it. 16 Q Did he indicate to you that -- he asked you to 17 contribute it; is that what you're saying? 18 A Yes. 19 Q Well, whose idea was it to sell the car and 20 the engine; was that your idea or his? 21 22 23 24 A Q A Q Mike's. So he told you to sell the car? He asked me to. He didn't tell me. And you had no thought of selling the car at -~ 25 that point? 20 .) 1 A No. Because when he talked to me about the 2 deal that he would give me a ride if I sold the car and 3 contributed it into the team to help make it a stronger 4 team. 5 6 Q A When was that? That was before the '93 season started because 7 I told him there was no guarantee how long it would take 8 to sell the car. 9 Q So back in '92 you talked to him about selling 10 the car and the engine; is that what your testimony is? 11 A It was more like the beginning of '93. 12 Q But that was after you had talked to him about 13 driving his car for him; is that right? 14 A Yeah. 15 Q So at the beginning there was no talk about 16 selling the car and selling your engine, it was just a 17 matter of your driving for him at the beginning? 18 A At the beginning I believe, if I can remember 19 correctly, that it was within -- when we first started 20 talking it wasn't too long after that that he asked me 21 about doing that. 22 Q Now, this racing business is a pretty 23 expensive operation; isn't it? 24 A Yes. .....) 25 And, you know, there's a benefit to you for Q .-. . , 1 driving a better vehicle; right? 2 3 A Correct. Q And do you know whether or not it was a 4 money-maker for Mike? 5 6 7 A No. Q You have no idea? A I don't know what the financial statements 8 are, losses versus earnings. 9 Q 10 A 11 Q 12 A ) 13 Q Your father knows, doesn't he, though? He should. But you never discussed it with him? No. And to this day you don't know whether MMI 14 made money or lost money; is that your testimony? 15 A 16 Q Correct. So in view of the expense of providing this 21 17 car, it's your testimony that Mike indicated to you that 18 it would be nice if you contributed your car and your 19 engine or the proceeds from it towards the operation of 20 the vehicle; is that right? 21 A 22 Q 23 A 24 Q Correct. And did you agree to do that? Yes. Was that a condition of entering into this ~ 25 whole arrangement or did that sort of evolve after the 22 -, ) 1 arrangement was up and running? 2 A Well, it was right around the beginning. I 3 mean we weren't at the racetrack, we didn't have a car at 4 the racetrack. 5 Q Would you have driven the car or do you think 6 the arrangement would have gone forward even if you hadn't 7 contributed the proceeds from your car and your engine? 8 A I'm not sure. 9 Q So you don't know whether that would have been 10 a condition for this arrangement or not? 11 A No. 12 Q So you agreed to do that; is that what you 13 did? 14 A Yes. 15 Q Then you undertook to sell the car and the 16 engine; is that right? 17 A I sold it. 18 Q When did you first take steps to try to sell 19 the car and the engine that you had? 20 A It had to be around the beginning of the '93 21 season. 22 Q So how long did it take you before you got a 23 buyer for the car and the engine? 24 A Two months I think. 25 Q Was Mike bugging you to do that during that \...J ') 1 two-month period or was he just letting you alone about 2 that and you were just doing what you could do? 3 A No. He would question me, see if there was 4 anybody interested in the car. 5 Q Now, during that period he was spending a lot 6 of money on this operation; wasn't he? 7 A A good amount. 8 Q Now, he didn't indicate to you, did he, what 9 would happen if this operation terminated; did he? 10 A Yes, he did. 11 Q When did he do that? 12 A Around the '93 season. 13 Q Early or late? 14 A Early. 15 Q Before you sold your car or afterwards? 16 A I'm not sure exactly. 17 Q So therefore you don't know whether it was 18 before a buyer or afterwards? 19 A I think it was before. 20 Q But you're not sure? 21 A No. 22 Q And didn't he indicate that you were investing 23 this money at your own risk and if things didn't work out 24 that would be the end of it? 25 A No. ) \..J 23 24 ,") 1 Q What did he say to you? 2 A He said that if I invested my money to help 3 make the team stronger that I would never be without a 4 ride. 5 6 7 8 Q A Q A That's what he said? Right. What else did he say? That chassis weren't a problem because we 9 build them now. ) 10 Q What else did he say? 11 A Basically that's about it. 12 Q In your Complaint you've said that he 13 specifically indicated to you that - - let me get the 14 language here. 15 MR. ADLER: Do you want to show him - - do you 16 have a copy of the Complaint with you? I just don't want 17 to misstate it for him. 18 MR. KATSHIR: What page? 19 MR. ADLER: Eight. ~ 20 BY MR. ADLER: 21 Q So the last part of paragraph eight says, and 22 just look at the last page of the document, that's what we 23 call a verification, you said in there -- you said that 24 you you've read what's in here and that it's true and 25 correct and that you've sworn to that. Do you understand 25 -, 1 that? 2 A Yes. ) 3 Q All right. And that is your signature on the 4 verification? 5 A Yes. 6 Q Now, at the end of paragraph eight it says 7 that you said that in the event that the business 8 relationship would terminate in the future Plaintiff would 9 receive a replacement racing car or cash equivalent 10 thereof as a reimbursement. 11 Now, you've indicated that certain language 12 that you wouldn't be without a ride. I mean is that the 13 only thing that Mike said and from that language you're 14 interpreting it as you've stated in paragraph eight? 15 A My understanding of the situation was that I 16 went into the deal with a race car, I would come out of 17 the deal with a race car and a raci.ng team. 18 Q All right. But you're saying to me that that 19 was your understanding maybe, but you're saying to me that 20 the only language that provided you with that 21 understanding of what was in your mind was the language 22 which you recited here a few minutes ago, that that's all 23 Mike said that you wouldn't be without a car, that you ....,J 24 wouldn't be without a ride? I mean he never said to you I 25 will give you a replacement racing car if things 26 .-~ 1 terminate, he never said that to you; did he? Mike 2 wouldn't use the word replacement, he never said that to 3 you; did he? 4 A Not replacement. 5 Q And he didn't say to you if I don't give you a 6 car, I'm going to give you cash equivalent of a car, he 7 didn't say that to you; did he? ) 8 A No. 9 Q He didn't use that language? 10 A Not that I recall. 11 Q And the only language he said was that you 12 wouldn't be without you ride, and I forget the other thing 13 that he said which you testified to earlier, that's the 14 only thing he said to you; isn't that right? 15 A I'm not a hundred percent sure of the 16 conversation as far as a couple of years ago. But I was 17 under the understanding that when I went into the deal, 18 and whatever words that he put them in, that I would not 19 be without a ride, which meant to me that I would not be 20 without a race car if our situation ever ended. 21 Q But you had already -- even before any of 22 those conversations took place you were already going to 23 move forward with driving the car that Mike provided; 24 weren't yOU? 25 A Yes. '-J 27 '1 , 1 Q Providing you an ultimate car or team, that 2 wasn't a condition for your doing this; was it? 3 A Repeat the question. 4 Q In other words -- let me rephrase the 5 question. The end of 1992 you had decided to enter into 6 this arrangement to drive Mike's car; is that right? 7 A Correct. 8 Q You had entered into that arrangement because 9 this would have been a better car and better equipment for 10 you; isn't that right? 11 A Correct. 12 Q You were both moving forward with that 13 arrangement even at the end of 1992; weren't yoU? 14 A Correct. 15 Q This conversation about you'll never be 16 without a ride and selling your car, that happened 17 sometime after you had both decided that you were going to 18 move forward with this arrangement that you would drive 19 Mike's car; didn't it? 20 A It was -- these arrangements to the best of my 21 knowledge were done before he purchased the car, before he 22 purchased it, which was at the time of the F-1 race car. 23 Q The new car? 24 A No, it wasn't new. 25 Q Well, but he had a car when you entered into ",,J 28 1 1 this arrangement; didn't he? 2 A No, he didn't have a car yet. 3 Q He didn't have a car yet. And was your 4 contribution a condition for his getting a car providing a 5 car to yoU? 6 A The way he put it I was -- the understanding 7 was yes. 8 Q But you were already going to move forward 9 before you had committed to sell your car and provide the 10 money for MMI; isn't that right? 11 A MMI waen't established yet. 12 Q Well, whatever entity Mike was using. I mean 13 you were going to do that and whether or not you sold your 14 car and contributed the money, that wasn't a condition for 15 doing this, was it, initially? 16 A Yes. 17 Q You think it was? 18 A Yes, I do. 19 Q So from the very beginning it's your testimony 20 that if you hadn't sold your car and put the money into it 21 he wouldn't have let you drive his car? 22 A Q A Q Yes. That's your understanding? I believe so. You believe so? -J 23 24 25 29 (~ 1 A Yes, sir. 2 Q Are you sure? 3 A Yes. 4 Q Now, in your Complaint you indicate that you 5 sold your car for $4,000, which you've said here today so 6 you're asking for that $4,000. And you also said that you 7 sold your motor for $2,000. But not you're not sure 8 whether it was 1500 or $2,000; right? 9 A Yeah. 10 Q So if it was $1500 you're asking for $500 too 11 much; isn't that right? 12 A No, I'm pretty sure it was $2,000. 13 Q But if it turns out it wasn't $2,000 then it 14 would only be $1500 for the motor; isn't that right? 15 A Correct. 16 Q Now, was there anything else, any other damage 17 that you say that you're looking for? I mean, you know, 18 now I know this is lawyer talk and everything, but you ask 19 for an amount not to exceed $25,000, but the only things 20 that you really talk about in here are the $4,000 and the 21 2,000 or 1500. Did you contribute anything else that 22 you're seeking reimbursement for? ) ~ 23 24 25 A Q A Yes. What? Cash from my soda machine business and the 30 '1 J 1 parts -- all of the spat'e parts that I had that were sold 2 at flea markets. 3 Q But that was done dudng the course of this 4 operation; wasn't it? 5 A Yes. 6 Q I\nd again, you don't know whether Mike was 7 sustaining a big lOlw or not but there was a ] ot of money 8 being spent on this operation? 9 A Correct. 10 Q And so why do you think you were entitled to 11 that money back? 12 A My undol"UtilndJng was that I put in my share of 13 the money to help to make il better racing team, I was just 14 trying to help mako a better racing team. 15 Q Okay. And you had the benefit of that for a 16 couple years; didn't yoU? 17 A Yes. 18 Q So why would you get your soda machine and 19 your parts sales which happened during the course of this 20 operation back when the agreement terminated? 21 A Because it was money that I p;lt into the team. 22 I drove fot' nothing. I didn't get paid for nothing. 23 0 Did he ever agree to give you the soda money 24 or the soda machine money back and parts back? 25 1\ No. ,....) 31 '-I ) 1 Q Did he even know about the soda machine? 2 A No. 3 0 So he didn't know about the soda machine? 4 A I don't think so. 5 Q So he couldn't have agreed to reimburse you 6 for the sale of the soda machine? 7 A Right. 8 Q Did he know that you sold the soda machine and 9 put the money into the business? 10 A I'm not sure. 11 Q Did he know that you sold parts and put those 12 into the business? 13 A I don't know. 14 Q All right. So what was the total value of the 15 soda machine and the parts and anything else that you're 16 seeking compensation for? 17 A I'm not sure of the exact total amount. 18 Q Well, how are we supposed to know what you're 19 entitled to? 20 A My main concern was to basically get 21 reimbursed for the race car, the motor. 22 Q So what you're really looking for is $6,000 or 23 $5500 depending on the actual cost of that motor; isn't 24 that right? 25 A Plus there were all the wheels that were sold. J ~ 1 2 3 4 5 Q A Q A Q 32 What wheels? The wheels for the race car. Were they your wheels? Yes. How much were the wheels? 6 A I had probably anywhere from 12 to 15 wheels 7 at about you're looking at a used price because they 8 were used wheels -- at about a hundred dollars apiece, $90 9 apiece. 10 Q Did Mike know that you sold those wheels? 11 A They really weren't sold until right before 12 the whole thing ended. 13 Q So you knew the th~ng was ending? 14 A No, I didn't know it was ending then. I 15 didn't sell the wheels. J 16 17 18 19 20 21 Q A Q A Q A Who sold the wheels? MMI did. Did Mike sell the wheels? MMI did. Did Mike know the wheels were sold? I don't know. 22 Q Is this something between you and your father? 23 A No. 24 Q Well, if Mike didn't know about the wheels, 25 what was MMI -- I mean who sold the wheels? -J 33 I~ 1 A Either my dad or whoever was working -- you 2 know, more than likely it was my dad sold them at MMI. 3 0 Did he tell you he sold the wheels, your dad? 4 A He told me he sold them, yeah, once they were 5 sold. 6 7 8 Q A Q And put the money in the MMI account? Correct. But you don't know whether Mike knew about it 9 or not? 10 A No, I don't. I wasn't involved with the ) 11 financial stuff. I have no idea of that stuff. 12 Q So was there anything else that you're looking 13 for in terms of money? 14 A No. 15 Q That's it? 16 A Yes. 17 Q Now, was one the advantages for the owner of a 18 car to generate business for MMI? Was that one of the 19 objectives of having you drive this car and for paying all 20 the expenses for this car? In other words MMI was in a 21 business; right? 22 A Yes. 23 Q What was their business? 24 A Building race car components and chassis. 25 Q So when MMI had a car that they drove, wasn't ~ 34 ') ) lone of the ideas of that to generate business for MMI? 2 A Correct. 3 Q That's the advantage of like sponsoring a 4 baseball team or something; right? 5 A Correct. 6 Q So it's important of the image that MMI and 7 its car and its driver had; isn't that right? 8 A Correct. 9 Q And did everybody know that you were driving a 10 car owned by MMI? 11 A Yes. 12 Q So whatever you did reflected on MMI; didn't 13 it? 14 A Correct. 15 Q Now, did you ever have any problems at any of 16 the racetracks that any altercations or anything that 17 might have reflected negatively on MMI? 18 A Such as? 19 Q Fights? 20 A Possibly. 21 Q Well, did you or didn't you? You may not know 22 whether it reflected badly, but you know whether you had 23 any fights at the track. 24 A Not fights. Maybe arguments. 25 Q Would that happen often? ...,.j 35 1 1 A No. 2 Q How often? 3 A Once or twice maybe a year, not even always. 4 It was very inconsistent. If someone pushed -- rammed you 5 into the wall, you'd be upset. 6 Q Did you ever have a problem at silver Spring 7 in 1996? 8 A Yes. ,) 9 Q What was that all about? 10 A A guy and myself got it together on the 11 racetrack. And when I pulled into the pit, I pulled 12 forward and then was backing into the trailer and he ran 13 over the front end of my car while I was in the pits. 14 Q So what did you do? 15 A I didn't do anything. Because what happened 10 was his crew came over and started yelling at me while I 17 was inside the car. Someone took a swing at me while I 18 was sitting in the car. And at that time my brother had 19 jumped in because I was in the car buckled up, and there 20 was actually a fist fight then, yes. 21 Q Was there any other time that you had a fist 22 fight? 23 A 24 Q No. During that scuffle did a young lady get her -J 25 arm broken? ~, 1 2 3 4 5 6 A Q A Q A Q 7 brother? 8 A 36 Yes. What was her name? Eitner. She was on the other side; wasn't she? Yes. Do you know who broke her arm? Was it your I believe so. They said. I didn't see it. 9 Q What's his name? 10 A Robert Barr. 11 Q So were there any other incidents like that 12 that you can recall? 13 A No. 14 Q And did you ever qualify for any races that 15 you didn't show up for, that you were scheduled for and 16 then just didn't make it, like at Hagerstown? 17 A No. We -- actually I wasn't qualified the 18 very last race that I raced for Mike. It was a two-day 19 show. On Saturday I missed qualifying by one spot. And 20 on the way home the lug on the trailer broke so we had to 21 take the wheel off and bring the car back to the speedway 22 and set the trailer there overnight, lock it up. 23 Knowing that we did not quality, we did not go 24 back the next day. But someone blew a motor and then 25 they -- evidently they were calling me out. I wasn't ) ~ 37 -, 1 there to know that. But from what I was told there was 2 people there that said that I would have made the race 3 then. 4 5 race; Q And there is an expense to sign up for the isn't there? ) 6 A Yeah. 7 Q Do you know what that expense is? 8 A ~. 9 Q Now, your father was running the financial end 10 of this MMI; wasn't he? 11 A Yes. 12 Q Was he doing that from the time that you got 13 there or started with them until the situation terminated? 14 A He took over whenever MMI started the 15 business. 16 Q You don't know when that was? 17 A June sometime of '93. 18 Q All right. Do you know if he was on the 19 payroll of MMI? 20 A I believe so. 21 Q You don't know how much he made though I 22 guess? 23 24 A Q No. And he didn't discuss the financial affairs of ~ 25 the company with yoU? 38 " 1 A No. 2 Q And he didn't indicate to you how much money 3 the operation cost or how much it was losing? 4 A No. 5 Q But you had a pretty good idea that it was a 6 cash cow so to speak; is that right? In other words that 7 a lot of money was going into it and that the prize money J 8 wasn't nearly enough to pay for the expenses; is that 9 right? 10 A That's correct. In racing you don't make a 11 lot of money. 12 Q You lose a lot of money? 13 A Sometimes. 14 Q And this operation was no better in that 15 respect than any other; is that right, as far as you 16 know? 17 A As far as I know. 18 Q It might have been worse as far as you know? 19 A Yup. 20 Q Now, how were things going at the beginning of 21 1996 as far as your driving for MMI? I mean how was 22 that were you doing well, when did the '96 season 23 start? ...,,) 24 25 It actually started in February. Were you driving in February? A Q 41 ') 1 Q How long was that? 2 A The car was actually ready in like a week or 3 two, but then the motor had to be checked to make sure it 4 wasn't hurt. So we had to wait on the motor then. 5 Q How long was that? 6 A Couple weeks. 7 Q And so were you racing again then after April 8 of 1996? 9 A Yes. 10 Q In other words there was no termination of the 11 racing program in the Spring of 1996? 12 A Correct. 13 Q And did you have any discussions with Mike at 14 that time as to how things were going and whether he was 15 satisfied with your performance and so forth? 16 A He didn't actually say about my -- if he was 17 satisfied with my performance. 18 Q Was he dissatisfied with anything that he 19 indicated to you? 2U A Just that about the crashes were costing a lot 21 of money to repair them. 22 Q In other words he was dissatisfied -- he 23 indicated to you that he was dissatisfied with the amount 24 of money that was being spent on this operation; is that 25 right? \-J ~) 42 1 A Yeah. 2 Q Now, is it your testimony that you drove 3 through the Summer of 1996? 4 A When the car was at the track. We sat out for 5 two or three months without racing then. 6 Q Why was that? 7 A Because the motors weren't ready. 8 Q And it wasn't that Mike was dissatisfied with 9 the operation with the cost of it, it was because the 10 motors were not ready as far as you know; is that right? 11 A As far as I know. 12 Q He didn't discuss with you the fact that he 13 was unhappy with the situation? 14 A That's correct. 15 Q All right. So what happened? You did drive 16 some then in the summer of '96; is that right? ) 17 18 19 20 21 A Q A Q A Right. And did you drive in the Fall of 1996? Yes. And when did you stop driving? October. 22 Q What happened? 23 A That was the race where we -- the last race of 24 the year was the race where I did not qualify, missed by 25 one spot, and the next day they called me as an alternate ,~~ 1 evidently and I wasn't there. 2 Q And Mike was upset about that? 3 A I'm sure he was. 4 Q All right. So what happened? Did you have a 5 discussion with him at that point? 6 A Not at that point. 7 Q All right. You didn't drive after that? 8 A That's correct. 9 Q And so did he tell you you weren't going to 10 drive anymore or what happened? 11 A Well, actually he didn't actually tell me. He 12 had my dad tell me at first, and then about a month later 13 Mike and I got together, sat down, and tried to talk 14 things out. 15 Q 16 A 17 Q ~ J 18 incident? 19 20 21 A Q A 43 What did your dad tell you? That he was fired and I was without a ride. And that was right after the Hagerstown sometime after that, yes. Were you surprised? Kind of. 22 Q You had no indication up until that point that 23 there were problems or dissatisfaction? 24 A Well, I thought there might be dissatisfaction 25 only because of the lack of getting the motors back to ~~ 44 1 1 keep racing, didn't seem like it was a priority. 2 Q Did you have a conversation with Mike then 3 subsequent? 4 A After we were terminated, yes. 5 Q And what was that conversation? 6 A I was basically asking him if I could have the 7 car have a car to race because I came into the deal 8 with a car. 9 Q What did he say? 10 A He told me that he couldn't do that, but maybe 11 we could work something out where if he went and asked all 12 the sponsors for the money and he would keep the money and 13 I would put their names on the car and maybe he could work 14 something out that way. 15 Q And what did you say to that? 16 A I said that's fine if you can work something 17 out like that. 18 Q So he had other sponsors for this car? 19 A Correct. 20 Q So he wasn't the sponsor, he was the owner, he 21 had other sponsors; is that right? 22 A Correct. 23 Q By sponsor you mean you put somebody's name on 24 the car; is that right? ) ~ 25 A Correct. 45 /'""') 1 Q As an advertisement? 2 A Yes. 3 Q Do you know who the sponsors were? 4 A Yes. 5 Q Who were they? 6 A American Aluminum, Westbrook Well Drilling. 7 Q McClure? 8 A David McClure, he sponsored I believe it 9 was the '93-'94 season. He sponsored us, David F. 10 McClure. Ron Caldwell also sponsored us at that time. 11 Q So when was this conversation that you had 12 with Mike? ) 13 14 15 him? 16 A No. 17 Q Did you call him to ask him subsequent to that 18 if, you know, how the arrangement was coming and whether 19 he was getting -- I mean all you were interested in was 20 that car to drive; is that right? 21 A I just wanted the car like I went into the 22 deal with, a car, wheels and tires, enough to go racing A I believe it was in November. Did you have any subsequent conversation with Q ~ 23 again. 24 Q So did you call Mike again when you hadn't 25 heard from him after your November meeting? rl 1 A No. 2 Q Why not? 3 A Because the way the conversation was going I 4 was under the understanding that nothing was going to 5 happen from it. 6 Q So then you went to your lawyer? 7 A Yes. 8 Q Is your lawyer related to you? 9 A Yes. 10 Q How is he related? 11 MR. KATSHIR: That doesn't have anything to 12 do with this -- ) 13 MR. ADLER: I'll withdraw the question. 14 BY MR. ADLER: 15 Q Now, in the demands that your lawyer made to 16 Mr. Martin, he talked about a welder. Was there a welder? 17 A Yes. .....J 18 Q But you didn't say anything about a welder 19 when I asked you before about what you contributed; did 20 you? 21 A Because I got the welder back, but he used it 22 for three years. 23 Q But you got the welder back? 24 A Correct. 25 Q Are you using the welder? 46 " 1 A Yes. 2 Q Do you know how much money that you won during 3 the time that you were driving ~like' scar? 4 A An estimate. 5 Q What do you think? 6 A Twenty-five -- I believe what was stated, 7 approximately 35,000. 8 Q You were going to say 25,000; weren't you? 9 You're not sure? 10 A I'm not. 11 Q Could have been 25,000? 12 A I don't know. I'm just going by -- I don't 13 know what the financial statements were from MMI. 14 Q What were you going by when you said you won 15 $35,000 during this period of time? Were you just 16 guessing? 17 A Yes, for the most part because I know -- I 18 have an idea what the payoffs were, but I never kept a 19 record of them. ) 20 Q But you believe even with that income that 21 there's a lot of money invested that was never recovered 22 from this operation? In other words it lost. $35,000 23 didn't pay for this operation? 24 A I don't know. \.,.,J 25 Q Now, did you deposit the money you got from 47 48 " 1 the sale of the motor and the sale of the car into the 2 checking account or were you paid cash or what happened? 3 A I was paid cash for that car. 4 Q How about for the motor? 5 A There was deposits made to me and they were 6 put into my checking account. 7 Q So if you looked at your checking account you 8 could tell whether you got $1500 or $2,000 for the motor; 9 right? 10 A Yeah. Some of it was done as far as the motor 11 the balance was giving me the money in payments and it was 12 put into the checking account. 13 Q At different times? ) 14 15 At different times. So it would be difficult to trace exactly what A Q 16 you got? 17 A Right. Because sometimes it just shows a \,...) 18 deposit of a certain amount. 19 Q Have you looked to try to reconstruct whether 20 you got 1500 or $2,000? 21 A Yes. 22 Q And you haven't been able to figure it out? 23 A No. 24 Q So you're not driving now; is that right? 25 A Correct. 49 -, 1 2 Q A You haven't driven in the 1997 season at all? That's correct. ) 3 Q Now, does your father work now; do you know? 4 A Yes and no. 5 Q Tell me the yes first. 6 A Well, I know that he helps out at Leach's 7 Automotive, but I don't believe it's a job. 8 Q You think he just helps out? 9 A Yes. 10 Q He volunteers? 11 MR, KATSHIR: If I may interject. What 12 does -- 13 MR. ADLER: Okay. 14 BY MR. ADLER: 15 Q You didn't keep a record of your finishes 16 in '93 , '94, '95 and '96? 17 A The records that I have on them were from like 18 the yearbooks at the end of the year where they give your 19 finishes. 20 Q Right. So you do have those yearbooks? 21 A I have for two years I do. 22 Q Would you provide those to your lawyer so he 23 can provide me a copy of those? 24 A Sure. '~ 25 MR. ADLER: I don't have any further questions 50 .) 1 at this time. 2 BY MR. KATSHIR: 3 Q If I may interject to clarify, you indicate 4 the you've never been deposed before; is that right? 5 6 A Q Right. Possibly a little confused during this . ) 7 operation 8 A Correct. 9 Q -- this deposition. If you take a look at the 10 answer that was provided by Mr. Martin. We're looking at 11 the end of paragraph nine, it indicates that it is 12 admitted that he had no monetary obligations in the 13 arrangement the party undertook. He being you. Is that 14 correct? Is that your understanding? 15 A Right. 16 Q That means no monetary obligations at all; is 17 that right? 18 A Correct. 19 Q Now, you indicated that you entered into this 20 deal, it was an opportunity -- I guess Mr. Adler indicated 21 to you that it was an opportunity for you to improve your 22 prowess; is that right? 23 A Yes. 24 Q Was it also because you had expenses and you 25 felt you would have no expenses with the races; is that ...,) 51 ,-'') , 1 right? 2 A Correct. 3 Q Now, you indicated that you are looking to be 4 reimbursed for the cost of your car and the motor, from 5 the sale of those, cash from the sale of the car parts; is 6 that right? 7 A Correct. 8 Q When you entered the agreement back in the end 9 of '92 and you started in 1993, was there any other 10 additional moneys that you contributed that you felt that 11 you would receive in return from Mr. Martin? 12 A Yeah. There was -- I sacrificed everything I 13 had. 14 Q For instance, did you have a checking account? 15 A Correct. 16 Q That money was taken out of? 17 A Correct. Yes. 18 Q Do you wish to be reimbursed for the money 19 that did you spend money from your checking account on 20 this racing venture? 21 A Yes, I did. 22 Q Are you looking to be reimbursed for that? 23 A Yes. 24 Q The money that you received from the sale of 25 the car was in cash? '~ 52 " 1 2 A Q Correct. Did you receive all that money, you 3 personally? 4 A Yes. 5 Q Do you 6 you received it? 7 A I gave 8 what happened. know what happened to that money after it to MMI, and after that I don't know ) 9 Q Okay. You had additional cash expenses? Did 10 you have additional cash expenses associated with this? 11 A Yes. 12 Q There were instances where you paid cash? 13 A Yes. 14 Q And you're looking to be reimbursed for that 15 money also? 16 A Yes. 17 MR. KATSHIR: I have nothing further. 18 BY MR. ADLER: 19 Q Well, how much in the checking account did you 20 contribute? 21 A Everything's in the records. 22 Q I don't have them. What records? 23 MR. KATSHIR: Let's go off the record. 24 (Discussion was held off the record. ) , ...,) 25 BY MR. ADLER: 53 I . ) 1 Q Do you know how much it is? Did you look at 2 the records? 3 A I looked through them. 4 Q Well, how much do you think it was that you 5 paid them that you contributed? 6 A I'm not sure at this time. I didn't actually 7 add them all up. 8 Q Was it thousands of dollars, hundreds of 9 dollars? 10 A Probably a couple thousand. 11 Q And you gave that money to your father, you 12 didn't give it to Mike? 13 A No. 14 Q You gave it to your father? 15 A Right. Who worked for MMI. 16 Q I know. I understand. What were the 17 circumstances. Explain that to me. How did you happen to 18 give him cash? What was that all about? 19 A Well, you know, we were spending the money 20 basically out of my checking account at first till Mike 21 decided to dissolve that. ~ 22 23 24 25 you? Q A Q And who were you writing checks to? Suppliers. But you never discussed that with Mike; did 54 '\ 1 A Yeah. He gave me $2500 the beginning of the 2 year to put scales and stuff like that. Plus I had other 3 money of my own that was put into it. 4 Q So this went into your checking account? 5 A Into Rick Barr Racing. 6 Q Then you paid the expenses out of that 7 checking account? 8 A' Correct. 9 Q Do you still have a Rick Barr checking 10 account? 11 A No. 12 Q You're saying that your expenditures exceeded 13 the receipts that Mike gave you; is that right? 14 A I don't understand. 15 Q In other words you paid out more than the 16 $2500 that he gave he? 17 A Correct. 18 Q This was before MMI was set up; is that right? 19 A Before and right up to the point to when MMI 20 started. 21 Q Did Mike ever get those -- did he ask you to 22 spend this money? 23 A More or less, yes. 24 Q How? 25 A As far as if I put the money into the racing ~ 55 (1 ) 1 with his money, it would make for a better racing team, a 2 stronger racing team. 3 Q And he never said you were going to get that 4 money back; did he? 5 A I believe so. My belief was that I would or 6 else I wouldn't have put the money in. 7 Q And when did he tell you you were going to get 8 it back? 9 A Before the racing season, right before the 10 racing season started. 11 Q So you're saying that these documents you gave 12 us show us how much money you put into MMI; is that right? 13 A That's correct. 14 Q But your agreement was, your initial 15 understanding was that Mike was to pay the expenses and 16 you were to drive the car; isn't that right? 17 A That's correct. 18 Q And that's what you alleged in your Complaint; 19 isn't that right? 20 A That's right. 21 Q And so how did it happen that you were putting 22 money in if that wasn't what your understanding was? 23 A He asked me to do that to help make a better 24 racing team. 25 Q And you did it? ~ 56 1 1 A Yes. ....) 2 Q And who would you provide -- is this the first 3 time you provided information to anybody about those 4 expenditures? 5 A Yes. 6 Q So Mike may not have known about them 7 specifically; is that what you're saying? 8 A He knew I was using my checking account. 9 Q When you contributed money to MMI, how much 10 did you contribute to MMI, do you know, into their 11 account? 12 A Not totally, no, because I didn't keep the 13 record books. 14 Q But when you gave them money it would be to 15 your father that you would give the money; is that 16 correct? 17 A Correct. 18 Q You never gave it to Mike? 19 A Not that I -- I'm not sure. 20 Q And did those checks come out of your Rick 21 Barr Racing account? 22 A Yes, they did, and cash. 23 Q And that's the information you've given us 24 here today? 25 A That's right. 57 "'') 1 Q As far as your expenses on the road, is that 2 information in here also? 3 A On the road? 4 Q When your attorney asked if you had to pay 5 some expenses out of your pocket, those are the same 6 expenses that you're testifying about now? 7 8 9 questions. A Right. MR. ADLER: All right. I don't have any other ) 10 BY MR. KATSHIR: 11 Q Initially you gave this -- you contributed 12 this money from your checking account with the full 13 understanding that you would receive that back? 14 A Correct. 15 Q Mr. Martin had -- did he have full say of what 16 was going on with the operation? 17 A Yes. 18 Q And he knew that you were spending money to 19 buy wheels or other supplies at that time? '--J 20 A 21 22 23 24 10:35 a.m.) 25 Correct. MR. KATSHIR: Nothing further. MR. ADLER: I don't have anything else. (Whereupon, the deposition was concluded at 2 .-) 1 I N D E X 2 DEPONENT EXAMINATION PAGE 3 Delwin Barr by Mr. Adler 3 4 5 6 7 8 9 E X H I BIT S 10 (None) 11 12 ) 13 -.' 14 15 16 17 18 19 20 21 22 23 24 J 25 3 "', 1 STIPULATION 2 It is hereby stipulated by and between 3 the respective parties that signing, sealing, 4 certification and filing are waived; and that all 5 objections except as to the form of the question are 6 reserved until the time of trial. 7 8 DELWIN C. BARR, called as a witness, being 9 duly sworn, was examined and testified, as follows: 10 BY MR. ADLER: 11 12 Q A Would you state your name, please? Delwin C. Barr. .J 13 Q Mr. Barr, I'm Larry Adler and I'm representing 14 Mr. Martin Michael L. Martin, Inc., actually in this 15 lawsuit which has been filed by your son against MMI and 16 Michael L. Martin, Inc. 17 This is a deposition where we're attempting to 18 elicit information concerning the background of the 19 matter. It's called a deposition. You're under oath. 20 There is a court reporter who's taking the testimony down 21 stenographically. Have you ever taken a deposition 22 before? 23 A No. 24 Q So I'll be asking you questions and you'll be 25 responding to those questions. If you don't understand a 4 J 1 question, indicate you don't understand it. If you don't 2 hear me, indicate you don't hear me. If you don't know 3 the answer, indicate you don't know the answer. 4 We'll expect you to answer the questions fully 5 and truthfully, although it's not necessary to go beyond 6 my question with respect to what the response is that you 7 give. Are you taking any medication now? 8 A Yes, I am. 9 Q Did you take medication this morning? 10 A Yes, I did. 11 Q What kind of medication are you taking? 12 A I'm on it's a -- it's called Zocor. 13 Q What's that for? 14 A That is for cholesterol. 15 Q But that doesn't affect your ability to answer 16 any of the questions? 17 A None whatsoever. 18 Q And there's no reason why you wouldn't be able 19 to answer the questions fully and truthfully today? 20 A No. 21 Q Now, in preparing for this deposition today, 22 did you discuss this matter with your son's attorney? 23 A We had a conversation. 24 Q Have you had any conversations in the last 25 couple of weeks? " \ 1 A 2 Q 3 him? Yes. When was the last conversation you had with 5 4 5 6 7 8 you? 9 A Not really. 10 Q So you didn't discuss the merits of what we 11 might discuss here today; is that right? 12 A No idea whatsoever. 13 Q But you discussed the procedure here today, 14 how this might -- 15 A All I knew was you were going to be asking A Q A Q ) On the way over here. All right. So you all came over together? Yes. And did he indicate what might be asked of 16 questions. 17 Q Where do you live, Mr. Barr? 18 A I live at 1550 Williams Grove Road, 19 Mechanicsburg. 20 Q How long have you lived there? 21 A I've lived there since late December. 22 Q Late December of 1996? 23 A Yes. 24 Q Are you married? 25 A Yes. ~ - \ 1 2 3 4 5 6 7 8 9 10 Q A Q A Q A Q A Q A 6 And you live there with your wife? Yes. Where did you live before that? I lived at 82 Rear Hummel Avenue in Lemoyne. Whose building was that? That was Michael Martin. And did you pay rent for that building? No. But you're paying rent now? Yes. 11 Q Do you work now? 12 A Well, I'm self-employed. I do some contract 13 work, mechanical work. 14 Q Are you a mechanic? 15 A Mechanic and welder. 16 Q And who are some of your clients? 17 A Leach's Automotive, I do side work for them. 18 Q How long have you been doing that? 19 A Just a couple months. 20 Q What did you do before that? 21 A Pardon? 22 Q What did you do before that? 23 A I worked for Mike. 24 Q Well, you stopped working for Mike in November 25 1996; isn't that right? J '\ 7 1 A November, yes. 2 Q And so have you been doing this contract work 3 since November of 1996? 4 5 A Q 6 work? 7 A 8 that. 9 Q No. And when did you start doing the contract It was just probably in June we started doing Who's we? 10 A Me. 11 Q And how did you get along between November and 12 June of 1996? 13 14 15 16 A Q A Q Well, I was on unemployment for a while. When did the unemployment end? That ended around I think May. Then you started to do this contract work; is 17 that right? 18 A Yeah. 19 Q Now, in this case your son has alleged a 20 certain agreement and understanding with Michael L. 21 Martin, Inc. Now, what was your relationship with Michael 22 L. Martin, Inc., and MMI? When did you first get to know 23 Mike Martin? 24 A Well, when I first got to know Mike it was 25 when he bought a race car and wanted maintenance on it and ".--.; 8 1 brought it to my shop. 2 Q When was that? 3 A This was in about November of '92. 4 Q You didn't know Mike at all before that? 5 A I knew of him. I didn't personally know him 6 other than seeing him at the racetrack. 7 Q Where did you first meet him? 8 A First meet him? 9 Q Right. 10 A It would have to have been that day when we 11 went down to Lincoln Speedway to see this race car that he 12 bought. 13 Q In other words the first time you ever met him 14 was when you knew that your son was going to enter into 15 some kind of arrangement with him; is that right? 16 A Right. 17 Q They were talking about it? 18 A Um-hum. 19 Q Now, so did you discuss the arrangement that 20 your son had or did you hear them discussing the 21 arrangement when you went down to see Mike at the speedway 22 in November 1992? 23 A I knew nothing about the arrangement at that 24 time. .~ 25 Q Do you know anything about the arrangement now t 9 ) 1 except what your son has told you? 2 A I knew what transpired after he bought the car 3 and moved it into Rick's shop. 4 Q All right. So tell me what role you played 5 from November of '92 till what you're describing here as 6 moving the car into Rick's shop from November of '92 when 7 you first had the first conversation? 8 A It was basically a week or so, within the next 9 couple of days that he moved the car into the shop. 10 Q And when you say he moved it, Mike moved the 11 car? 12 A I think Mike. I don't remember how it was 13 transported. 14 Q So it was moved into Rick's shop; is that 15 right? 16 A That's correct. 17 Q Rick had a shop? 18 A Um-hum. 19 Q Where was that shop? 20 A That was in Lemoyne. I don't remember the 21 exact address. It's the rear of the farmer's market 22 there, State Street. 23 Q Where were you working at that time? 24 A I was unemployed. No. I was working for Carl 25 Billet. .--./'. 10 1 Q Doing what? 2 A Building race car chassis. 3 Q Was there any conversation between November 4 of '92 and a couple of weeks later when the car was moved 5 into the shop that you overheard with respect to Mike as 6 to what any arrangement was between Mike and your son? 7 A Not in November or December, no. 8 Q What happened after the car was moved into the 9 shop? What did you know about or what did you observe 10 with respect to what Rick did, what Mike did? 11 A I don't understand your question. 12 Q All right. The car was moved into the shop. 13 All right? Did Del start to drive the car after that? I 14 mean Rick. 15 A Racing season didn't start until I guess March 16 the following year. 17 Q So did you have any involvement between 18 November or December of '92 and the racing season in '93 19 with respect to the car? 20 A Yes, I did. I actually dissembled the car and 21 got it ready for the racing season for the next year. 22 Q So you worked on it? 23 A Yes. 24 Q Who asked you to do that? 25 A Mike and Rick. 11 '~ \ 1 Q At that point did you know specifically what 2 their arrangement was? 3 A Other than Mike owned the car and Rick was 4 driving. 5 Q That's all you knew about it? 6 A That's all I knew. 7 Q And you knew that the car had to be fixed up 8 and you were working with them to fix it up; is that 9 right? 10 A That's correct. 11 Q So what happened then when the racing season 12 started? Did anything change with respect to the 13 arrangement or anything else as far as you observed? 14 A It was pretty much the same at that point. 15 Q All right. And what was your involvement 16 beginning in the Spring of 1993 with respect to the car, 17 Rick and Mike? 18 A Well, I would basically maintain the car and 19 set it up and did the work on it. 20 Q You didn't get paid for that; did yoU? 21 22 23 24 25 No, sir. A Q A Q A Why were you doing it? Because it was my son. And how long did that continue? Well, that continued for a long time, but I J -... \ 1 guess it was in the spring Mike and I discussed starting 2 MMI. 3 Q 4 A 5 Q 6 A In the Spring of 1993? '93. Go ahead. We discussed starting MMI, which we officially 7 started it on June 1st. 8 Q 9 A 10 Q How did you start it; what did you do? I don't understand. What did you -- I mean you say you started 11 it. What does that mean you started it? What did you do? 12 A Well, Mike bought some equipment and we 13 started soliciting work, repair work, and we were 14 designing the chassis that we were starting to have ready 15 by the end of the summer. 16 Q 17 A What was the MMI business? That was metal fabrication and race car 18 fabrication work. 19 Q 20 A 21 22 A 23 24 Where did it operate out of? The same building that Rick had for a shop. Q Now, did you set up books for MMI? Yes. Q Did you control those books? A Well, I did according to -- his accountant J 25 brought me a small book to use for the first six months I 12 ) 13 1 guess it was. And then we used the computer from there 2 out. 3 4 5 6 Q A Q A So you would receive the funds? Correct. And you would pay the expenses? That's correct. 7 Q Did Mike have to contribute any money to your 8 account in order to make ends meet? 9 10 11 12 A Q A Q ) Sure he did. It was a losing proposition; wasn't it? Well, at times it was, yeah. Now, what about the race car expenses; would 13 they be paid out of the MMI? 14 A They were after a point. I think it was late 15 July that Mike wanted us to close out Rick's accOtlnt and 16 put it all into MMI at that point. 17 Q Did you have anything to do with Rick's 18 account up until that time? 19 A No, sir. 20 Q Rick indicated that he paid some expenses out 21 of that account for the car. Do you know anything about 22 that? 23 A I knew he did. In fact when MMI first started 24 some of the stuff we would order in we would bill to his 25 account, and he would pay it from there. ~ '" 14 1 Q Do you have any idea how much money was 2 involved in that? 3 A Not at this time, no. 4 Q Now, after MMI was up and running, did Rick 5 contribute any money to MMI; did he give you any checks to 6 put into MMI to cover expenses? 7 A Yes. Late July he closed out his checking 8 account, and I remember him giving us a check, whatever 9 was there that we put in. 10 Q Was that the only time that he did that that 11 you recall? 12 A 13 Q 14 A Into MMI? Yes. Other than when he sold his car, that came in 15 in late summer sometime. 16 17 Q A How much was that? I don't remember. I think he sold the car 18 total for 4,000. But I don't remember how it came in. I 19 know he had a deposit earlier than that and balance later, 20 but I don't remember the figure. 21 Q How about the motor? 22 A Yeah. I know he sold that. I don't remember 23 the exact amount. I think it was 18 or $2,000. J 24 25 Q A Did that money come in? That money I think -- was that -- I don't 15 ~ \ 1 remember if that was before that or after that. I really 2 don't remember. 3 Q And did it go into the MMI account? 4 A Well, if it was before, it would go into 5 Rick's account. If it was afterwards, it would have went , into the MMI account. 7 Q So you don't remember it going into the MMI 8 account? 9 A I remember transferring of funds and stuff. 10 Without looking back on the records, I can't tell you. 11 Mike would have those records. You'd have all those. 12 Q Did MMI ever write any checks to Rick for 13 reimbursement for parts or expenses? 14 15 A Q No. Now, Mike never wrote the checks for MMI, did 16 he, as far as you know? 17 A He may have written one or two. 18 Q So you did most of it? 19 A Yes. 20 Q You handled the books and took care of J 21 receipts and took care of expenditures; is that right? 22 A That's correct. 23 Q Now, was MMI just a name that you were using; 24 is that right? Was it a company; do you know what was 25 right? --, \ , 1 A 2 Q 16 MMI stood for Mike Martin, Inc. So it was Michael Martin, Inc.; it wasn't 3 Michael Martin individually that was operating this, it 4 was MMI? 5 A As far as the shop, when it started on June 6 1st was a division of Michael Martin, Inc. 7 Q 8 A 9 Q And that never changed as far as you know? Not as far as I know. So then through the Spring of '93 and after 10 MMI started Rick was driving the car and you 11 were -- beginning in June or July you were running the MMI 12 bookkeeping; is that right? 13 A 14 Q 15 A Um-hum. Were you a paid employee? I was at a point. I forget what the date was 16 when I started getting paid. At first I didn't. 17 Q 18 A 19 Q 20 A 21 Q What was your salary? I was making a hundred and fifty a week. Was this a full-time job for you? Yes, sir. And how was Rick's performance as a driver 22 during this period of time if you know? I'm talking about 23 1993. 24 A J 25 Q '93 I thought his performance was very good. And why do you say that? 17 " , 1 A Well, he had a pretty good record. He had 2 '93 -- let's see --'93 couple feature wins. And I forget 3 where he finished in points, but I know as far as 4 earnings, if I remember correctly, it was somewhere around 5 nine or $10,000 in race winnings. Mike was very satisfied 6 with it. 7 Q In '93? 8 A Um-hum. 9 Q But it was still a losing proposition; wasn't 10 it? MMI lost money in 1993? 11 A Probably not -- when we started MMI, Mike and 12 I discussed it and Mike knew up front it would probably be 13 three years at least to get the thing rolling. 14 Q And that was both the race car operation and 15 the 16 A Well, no the race car operation was put into 17 it later. MMI itself started out as a separate thing, and 18 then the race car Mike put in later in the middle of the 19 summer. 20 21 Q A In the middle of summer of what year? '93. 22 Q All right. So all throughout the life of MMI 23 it lost money; didn't it? 24 A Um-hum. .J 25 Q And the race car operation never paid for ", I 1 A 2 Q 19 No. Did he ever complain to you about his 3 performance except up until the end? 4 A 5 Q 6 continue? Even at the end he never complained. And what about in 1995; did the situation 7 A Then we changed to a new league. We went to a 8 super league model design and run in Hagerstown. 9 Q And what was the result of that? 10 A It was very good for a rookie year. He was 11 running till late in the year he was running ninth in 12 points and until we had a blown motor and after that it 13 knocked him back. I think he finished the first year 14th 14 in points. 15 Q 16 through 1995? 17 A 18 Q 19 A 20 Q 21 A 22 Q All right. And did the operation continue Yes. In the same way? Um-hum. And there continued to be losses? Um-hum. And the expenditures for the racing continued 23 to exceed the income from any prizes or wins? 24 A ..J 25 remember. I would imagine it p~obably did, but I don't 20 ~ 1 Q How would you keep the books? What would you 2 do? What is the bookkeeping system? 3 A Well, they were set up through his 4 accountants. Everything was documented. Every penny was 5 accounted for and everything balanced at the end of every 6 month. 7 petty cash was run through a separate petty 8 cash ledger that took care of any cash in, cash out. 9 Checks were applied to accounts by a computer which took 10 care of the accounts receivable. And everything was done 11 right there on the computer. 12 Q At the end of every year would you reconcile 13 the books with Michael L. Martin, Inc.'s accountant? 14 A No, I wouldn't personally. I would give 15 everything to Russ out in his office and he took care of 16 all of that. 17 Q When you say gave everything, what would you 18 give him? 19 A All the monthly reports. 20 Q So you generated those monthly reports? 21 A Um-hum. 22 Q And you did that on a computer eventually? 23 A Um-hum. 24 Q But initially you didn't do it on a computer, 25 you did them on bookkeeping as -- 21 .~ .. 1 A Well, we did it the first six months on that 2 manual thing, but invoices and inventory was always kept 3 on the computer from day one because he used my personal 4 computer until it broke down and then he had to buy one. 5 Q Every month or you would give them the monthly 6 statement and that's all you would do? 7 A Not a monthly statement. They got 8 everything. They had the checkbook, which starting in the 9 first of ' 94 was a One-Write system. That showed 10 everything in and out of the checkbook. They got that 11 sheet. They got the separate ledger for petty cash. They ) 12 got the cancelled checks and reconciled everything from 13 his office. 14 In '94 it had been changp.d. His accountant, 15 in-house accountant did it all. The next year Russ had me 16 give him the stuff monthly and Mike's wife put it into the 17 computer out there. And then end of '95 they never gave 18 me my starting figures and everything left for six months 19 just sit there and piled up. And finally Russ came in 20 after they got me the correct starting figures, the 21 adjustments for year end, and him and I caught it up to 22 date. 23 Q And their accountant never made an audit of 24 the situation or anything? 25 A As far as coming in and going over things? j 22 " 1 2 3 4 Q A Q A Right. Not unless they did it from out of his office. But they never talked to you about it? Uh-huh. ~ 5 Q And his accountants never questioned you about 6 anything? 7 A No. 8 Q Now, through 1995 you were not privy to any 9 conversations with your son Rick and Mike about what their 10 arrangement was; were you? 11 A Through when? 12 Q Through 1995. In other words from 1992 when 13 the thing started through 1993, through 1994, through 14 1995, you never were privy to any conversations with Mike 15 and Rick as to what their arrangement was between them? 16 A I was involved with most of their 17 conversations. Usually the three us would sit down and 18 talk things out. 19 Q Did you ever have any conversations about what 20 the arrangement was other than Rick was the driver and 21 Mike was the owner? 22 A That's correct. 23 Q Did you ever have any conversations other than 24 that Mike was paying the expenses and that Rick was doing 25 the driving and not getting paid for it? 23 ~ 1 A I knew he wasn't getting paid for it. I know 2 when we started out the year Mike had just bought that car 3 and the third race we blew the motor that came with the 4 car and that put us back right at the start. And then 5 Rick sold his motor and his car and Mike encouraged him to 6 put the money into the team and make it stronger. 7 Q Now, were you there when that happened? 8 A Well, I know Mike and I discussed it because 9 Rick's concern was being without a car if something would 10 happen with the deal with him and Mike. 11 Q Well, tell me about what your discussion was 12 with Mike. 13 14 15 A Q A The biggest thing when I approached Mike -- What time was it first of all? Gee, I don't remember. 16 Q Do you know what year it was? 17 A It was '93 when he sold the car. 18 Q When Rick sold the car? 19 A Right. 20 Q So tell me about your discussion with Mike. 21 A We were talking about Rick putting money into 22 the team to help make it stronger because of the motor 23 problem already that early, and exact words, I'll try to 24 put it the exact way, I told Mike that Rick was just a 25 little reluctant to sell that car and not have a ride. J 24 -,' 1 And Mike told me that he would always have a ride, always 2 have a car. 3 Q And what did you understand that to mean? 4 A Well, I understood that to mean if he put the 5 money in he would always have a car, or if something 6 happened there he'd come out with some sort of a car of 7 equal value of what he sold. 8 Q Now, this conversation that you had with Mike 9 didn't take place until 19 -- probably the spring of 1993, 10 is that right, when Rick was putting the money in; is that 11 right? 12 A It was whenever Rick was selling the car, in 13 that time frame. 14 Q But Rick was already committed to drive Mike's 15 car at that point before any discussion took place as far 16 as you know? 17 A That's correct. 18 Q Excuse me? 19 A Yes. 20 Q Again that discussion took place after Rick 21 was already committed to driving the car owned my Mike and 22 Mike was already committed to provide the car for Rick to 23 drive? In other words you don't know about any 24 discussions before they started their arrangement that 25 Rick had to put money in and that he was going to get a 25 -, J 1 car back if he put money in? 2 A Before any -- I don't know of any discussions. 3 Q Okay. So they were already involved with each 4 other when this discussion about whether or not Rick was 5 going to put money in took place; is that right? 6 A Um-hum. 7 Q You have to say yes or no. 8 A Yes. Sorry. 9 Q What other discussions did you have with Mike 10 about the arrangement between Rick and Mike, any others? 11 A I can't remember any. 12 Q So that was the only one and it was once in 13 the Spring of 1993 probably? 14 A Spring or early summer. 15 Q Spring or early summer of 1993? 16 A Yeah. 17 Q Was it -- if you remember was it after Rick 18 put the money in or before Rick put the money in? 19 A Before Rick put the money. 20 Q If you remember was it before he had sold his 21 car or after he sold his car? 22 A I don't think the car was sold. I think he 23 probably had the deposit on it though and sold it at that 24 point. 25 Q Although the agreement was that Mike would 26 ~ 1 provide the expenses and Rick would drive the car, yet 2 your testimony is that you understand that Rick was 3 putting some money into the operation? 4 A That's correct. 5 Q And was it your understanding that he was 6 supposed to get that money back or you don't know anything 7 about that? 8 A I really don't know much about it other than 9 what Mike said about always having a car, so !'m assuming 10 that was one. 11 Q Now, was there any change in the circumstances 12 or in the operation of MMI after 1995 in 1996? 13 A Any change in what way? 14 Q Were there any other employees of MMI? 15 A Yes. 16 Q And when did that happen? 17 A Well, Mike hired Carl Billet and Tom Madden. 18 That was in April of '96 I believe. 19 Q And what was the purpose of that if you know? 20 A Well, the purpose was that Carl called and 21 didn't like where he was and wanted to know if we wanted 22 to grow, and I gave it to Mike and he took it and rolled 23 with it. ~) 24 25 Q A So what was Carl's function in the company? Fabricator, welder. --) 1 2 Q A 27 What about Tom? Same. 3 Q Did you do that kind of work too? 4 A Yes. 5 Q And that increased business in the company 6 after they came to the company? 7 A Yes. 8 Q But the c.Jmpany was still losing money? 9 10 11 12 A Q A Q That's correct. And in the Spring of 1996 was Rick driving? Very little. Because? 13 A Well, mainly because of the move. Mike wanted 14 us -- we started out the year and I guess we had some bad 15 luck. We had a crash or two, and Mike wanted to hold off 16 until after we got into the new building. And then I 17 think we had a total -- in '96 we might have ran nine or 18 ten races. 19 Q In all of '96? 20 A Um-hum. 21 Q Was there any period of time when you weren't 22 racing in 1996 that you recall? 13 A Weren't racing? , .../ 24 25 Q A Yes. Basically when we were getting the new 28 ) 1 building ready and moving in. 2 Q When was that? 3 A That was in May, June, July. 4 Q All right. Did you race in April as far as 5 you recall? 6 A I think we did. 7 Q So there wasn't much racing going on in May, 8 June and July? 9 A That's correct. 10 Q And were there any unusual expendi.tures made 11 at that time except for the move? In other words was 12 there additional equipment purchased or motor or 13 carburetor or anything? 14 A No. That was all equipment and stuff that he 15 purchased for down at the new shop. 16 Q All right. So did racing begin again in 17 August of 1996? 18 A I think it was late August, September. I 19 don't remember exactly. 20 Q And was there a lot of racing or just a 21 limited amount of racing? 22 A Very limited. 23 Q Then what happened? When did the situation 24 change? J 25 A I don't understand your question there. 1 1 Q 29 There was little racing in the Summer and Fall 2 of 1996; is that your testimony? 3 A 4 Q 5 operate? 6 A 7 Q 8 business? 9 A 10 Q Yeah. There wasn't a lot. All right. But the business continued to That's correct. And you continued to operate within the That's correct. You were still doing the books, you were still 11 working there, and Carl was working there; right? 12 A 13 Q 14 A 15 Q Um-hum. And Tom was working there? Right. Then was there racing in October of 1996 as 16 far as you recall? 17 A There was supposed to be. It was scheduled 18 but I had a heart attack, and I know that cancelled the 19 plans. 20 21 22 23 24 ; .../ 25 Q When did you have a heart attack? A October 16th sticks in my mind as the date. Q How long were you in the hospital? A One week. Q One week. How long were you off from work? A Well, I was supposed to stay off, but we had 30 ~~ 1 an open house scheduled and I came back the -- I got out 2 of the hospital on Friday and I came back in very limited 3 in my duties on Monday to get ready for the open house. 4 Q So that would have been in November or that 5 would have been in October still? 6 A The open house was in November. So it was a 7 week after my heart attack I came back, and it was roughly 8 a week or two left to get ready for the open house. 9 Q Are you recovered from your heart attack? 10 A Um-hum. 11 Q So what happened after the open house; did you 12 continue to work there? 13 A Um-hum. 14 Q Rick continued to drive? 15 A Yeah. In fact the day of the open house we 16 had the car stripped down trying to sell it. Mike came in 17 and set down in my office and said do you want to put this 18 motor in and try to qualify for the Hub City. I said sure 19 and we did. The only exception was at the open house I 20 had sold our used carburetor and I told Mike, I said we'd 21 have to buy a carburetor to run in. 22 Q How much did you get for the used carburetor? 23 A I think around five, fifty, something like. 24 Q $550. Was Mike upset over that? J 25 A No. -, \ 1 Q 31 And so then what happened after that with 2 respect to the business? You continued to operate the 3 business, run the business, to run the books and so forth 4 out of MMI? 5 A 6 Q 7 A 8 Q 9 A From what point? After November of 1996. Not after November. I wasn't there. All right. When did you cease being there? I forget the exact date -- 18th, 13th, 10 something like that. 11 Q 12 A 13 Q 14 A Tell me what happened. Mike fired me. What did he say? He really didn't say too much other than they 15 can't continue this. 16 Q 17 A 18 Q 19 point? 20 A Was he upset over anything in particular? If he did, he didn't tell me. What happened with respect to Rick at that Well, at that point Mike set in my office and 21 told me he'd get Rick the same deal that he gave Carl 22 exactly. And that never happened. Because Rick and him 23 had a meeting later, and he didn't do a thing for him. 24 J 25 A Q What was the deal that he gave Carl? He was providing Carl with a chassis and body, d i~ 32 7 Q You were:.' t privy to any of their -- ) 1 selling him parts at ten over cost. 2 Q And was Carl driving at that point? 3 A Um-hum. 4 Q So you don't know what happened with Rick and 5 Mike after that I guess? 6 A No, sir. B conversations? 9 A Anything I would know would be hearsay. 10 Q From Rick? 11 A At that point, yeah. 12 Q As far as you know, again the arrangement with 13 Rick and Mike, Mike was the owner and Rick was the driver; 14 right? 15 A Correct. 16 Q They had sponsors, there were other sponsors 17 on the car; weren't there? 18 A Correct. 19 Q And you helped to maintain the car? 20 A That's right. 21 Q Did your other son, Rick's brother, do 22 anything to maintain the car? 23 A Yeah. He helped the first year to maintain 24 it. ..J 25 Q The first year, 1993? ~1 1 2 3 4 A Q A Q 5 races? 6 A 7 Q 8 A 9 Q 10 MMI? 11 A 33 I think it was only the first year. But not after that? It could have been '94 too. Would you go to the races to help with the Yes. That's part of your responsibility? Um-hum. Where did you maintain the bank account for Whatever he set it up. It was Dauphin 12 Deposit. 13 Q Was it always just the one account; is that 14 right? 15 A Yes. 16 Q When you left, the account was still there? 17 A Yes. 18 Q Were you a signatory on that account? 19 A Yes. 20 Q Was Mike a signatory on that account? 21 A Yes. 22 Q Was anybody else a signatory on that account 23 as far as you know? J 24 25 A No. MR. ADLER: All right. We don't have anything 34 ~ , , 1 else. Do you have anything? 2 MR. KATCHIR: I have nothing. 3 (Whereupon, the deposition was concluded at 4 11:01 a.m.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .-J 25 , i , , 35 ) 1 COMMONWEALTH OF PENNSYLVANIA 2 3 COUNTY OF DAUPHIN 4 I, Pamela L. Packer, a Court Reporter-Notary 5 Public authorized to administer oaths and take depositions 6 in the trial of causes, and having an office in 7 Hummelstown, Pennsylvania, do hereby certify that the 8 foregoing is the testimony of DELWIN BARR, taken at the 9 law offices of ADLER & CLARAVAL, 125 Locust Street, 10 Harrisburg, Pennsylvania. 11 I further certify that before the taking of 12 said deposition the witness was duly sworn; that the 13 questions and answers were taken down in stenotype by the 14 said Reporter-Notary, approved and agreed to, and 15 afterwards reduced to computer printout under the 16 direction of said Reporter. 17 I further certify that the proceedings and 18 evidence are contained fully and accurately in the notes 19 taken by me on the within deposition, and that this copy 20 is a correct transcript of the same. 21 In testimony whereof, I have hereunto 24 day of October, 1997. A J}o'Jl~ .X '. Ja_~/C.lAJ 22 subscribed 23 Notary Public .J 25 My Expires October 18, 1997. -.. t.. ~ r: C ! I " ., .~ ( .. I._ : , H. (): (', : ,'., Ii.:. I __.1, (. ., L.' ll.i .:,,1. I I.L. " r:J ..) U 0' oJ --. ....~~:.-