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HomeMy WebLinkAbout98-04483 :i ; ,.l \.\ ~1 ':)1 OJ I ~! .\ . '"(I ~\ , , , i ~j i j 1 I , i <... lJ ';,. ,,' ~ -". .~ ';c. ... I.', III ~ i i 1 r) ~\"I cui ; ; , I ; :---1 .~ 1 . , ~i , "11 L><>i ~I :)-' 1 ~j \::to- ~ ....~ I'" : ~;, ,,' ~,.";. .~f..,~, .'. ,'-~.~ .~.~, " <,. ".': ;'~':"_"_;.. ~.::~:",':_.~ > (.., :,; t'" TRACY SPRINGBR ) IN TilE COUR1' OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) ) CIVIL ACTION - LAW ) ) ) NO: 98-4483 CIVIL TERM ) ) ) Plaintiff VS. ROBERT WESTOVER Defendant PRAECIPE TO ENTER DEFAULT JUDGMENT Kindly enter judgment in the amount of $3,950.00, plus record '" costs in the amount of G4~ ~o, plus $740.00 for storage at $10.00 . nO 00- per day since July 4, 1998, for a total of $4,~.gO plus interest in favor of the Plaintiff Tracy springer and against the Defendant, Robert Westover, Defendant has failed to file an Answer to Plaintiff's Complaint within the required time pursuant to the pennsyl vania Rules of civil Procedure. A Certificate of Service of the Complaint is filed and is of record. An Important Notice of Default, a copy of which is attached hereto as "Exhibit A", was mailed to Defendant on August 27, 1998 at his address at 3800-C Elrnerton Avenue, Harrisburg PA 17109. Gregory . Katshir, Esquire Attorney for Plaintiff PA ID # 61967 900 Market street Lemoyne PA 17043 (717) 763-8133 ~','" '. I,' ':":.,: 1.,',:; ~,': :,.,..,'~:' ',<:,', '1",.', ,':'~,'~'~~:_~,_~"",l"."...~..",,: ','It"" VB. ) IN TH~ COURT OF COMMON PLEAS OF ) CUMB~RLAND COUNTY, PENNSYLVANIA ) ) CIVIL ACTION - LAW ) ) NO. 98-4483 CIVIL TERM ) TRACY SPRINGER plaintiff, ROBERT WESTOVER, Defendant. IMPORTANT-HOTICE OF DEFAULT TO: Robert Westover 3800 - C Elmerton Avenue Harrisburg PA 17109 Date of Notice: August 27, 1998 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle PA 17013 Telephone: (717) 249-3 By Gregory atshir, Esquire Attorney for Plaintiff PA lOll 61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 cyU,i Ii- TRACY E. SPRINGER Plaintiff I II Till'; COURT 01,' CO~lMON PLEl\S OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 9f-l/l/q] e"w:! ROBERT WESTOVER Defendant CIVIL ACTION - LAW I,. ~. VS. I I TO: DEFENDANT NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumber1and County Bar Association Lawyer Referra1 Service 2 Liberty Aven.l1e Car1is1e PA 17013 Telephone: (717) 249-3166 ,,~ .' '. .','; '\,,' ,',t':" ,:~_..' '" '. ',' . "'~'. ./.,..'.. r .,<,,,\7'. ~',,'_ ". '.. '. TRACY K SPRINGER Plaintiff : IN Tl-IE COURT OF COMMON PLgAS OF : CUMBERLAND COUNTY, pgNNSYLVANIA : NO: 9 i _ 'I 'I S'_~ 6~:J "'0.<_ VS. ROBERT WESTOVER Defendant : CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, Tracy E. Springer, by and through his attorney, Gregory J. Katshir, Esquire, with the following Complaint and avers as follows: 1. Plaintiff, Tracy E. Springer, is an adult individual residing at 411 Hillside Road, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant, Robert Westover, is an adult individual residing at 3800-C Elmerton Avenue, Dauphin County, Pennsylvania. 3, On or about July 1996, Plaintiff and Defendant entered into a verbal pal'tnership agreement. The agreement provided for, inter alia, the formation of Springer RacinglWestover Motorsports, whereby Plaintiff and Defendant became co-owners, Springer RacinglW estover Motorsports was a car racing team that participated in limited late model racing at Silver Springs Speedway, Cumberland County, Pennsylvania from 1996 until the end of the 1997 racing season. 4, On or about March 2, 1998, Plaintiff and Defendant entered into a contract that provided that Defendant would purchase, from Plaintiff, any and all of Plaintiffs intcrcHt in SprinJ.:cr HacinJ.:/WcHtovcr MotorHpol.ts (tH' thc Hum of $8,000.00. PurHuant to thc contl'llct, PlaintiffwaH to rclinquish any lInd all intcrcst in thc pllrtncrshipand racc tcam. Pursuant to thc contract, Dcfcndant was to rctainall parts, componcnts and misccllancous tools, but for a fcw specifically listcd items that would be retained by Plaintiff. A copy of thc contract is attached hereto and identiJicd as "Exhibit A", 5, Defendant was to pay Plaintiff by way of an initial installment of $2,000.00 on March 7, 1998 and six (6) subsequent monthly installments of $1,000,00, However, in the event that Plaintiff had not yet repaid a personal loan to Defendant by the time the sixth and final payment was due, the final payment was to be $150.00. 6. Pursuant to the contract, the items were either delivered to Defendant by Plaintiff, or obtained by Defendant, 7, A truck and trailer were items that were included as "all parts, components and miscellaneous tools". Although not specifically mentioned in the contract, titles to the truck and trailer were to be transferred from Plaintiffs name into Defendant's name, Plaintiff attempted, on numerous occasions, to meet with Defendant to transfer the titles, however, Defendant was never available to effectuate the transfer, 8. PlII'l'luant to the contract, Dcfendllnt tendered t he first monthly installment payment of $2,000.00 to Plllintiffon March 7, W!J8. 9. On or about, April 3, l!HJ8, Defendant delivered a letter to Plaintiff indicating thut he "must regretfully rescind the previously written agreement". Said letter is attached hereto ami identified 111'1 "Exhibit B". Additionally, Defendant parked the truck ami trailer in a shopping center parking lot. Since the truck was still titled to Plaintiff, Plaintiff had to retrieve the truck and trailer. Defendant has, however, retained all other items ofpurts, components and miscellaneous tools that wel'C sold to him. 10. Subsequent to April 3, 1998, Plaintiff sold the trailer, with the express permission of Defendant, for $1,200.00. 11. Defendant has failed and refused after repeated requests to make the remaining payments to Plaintiff as per the March 2, 1998 contract, 12, Defendant continues to utilize the items sold to him by Plaintiff in another race car venture. 13.Since July 1998, Plaintiff has been forced to pay a daily storage charge of $10.00 for the truck that was purchased and returned by Defendant, 14, Defendant has acknowledged to Plaintiff that he is responsible for the payment, however he refuses to pay. Defendant indicted that he will pay Plaintiff after the mntter has proceeded to Court beclIuse be wishes PlaintifT to spend his time nnd to incur atto1'lley's fees. 15. Plaintiff sold the trailer for $1,200.00 IInd has an outstanding loan with Defendant in the amount of $850.00. COUNT I - BREACH OF CONTRACT 16. Paragraphs 1 through 14 arc incorporated herein by reference as if the same were set forth in detail. 17. Defendant has willfully breached his contractual obligations pursuant to the March 2, 1998 contract between Plaintiff and Defendant by failing and refusing to pay the remaining balance due to Plaintiff of $6,000,00, 18,Additionally, due to Defendant's willful breach of the contract, Plaintiff has been forced to incur storage fees for the truck purchased and retu1'lled by Defendant. Said fee is continuing per diam, WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant in an amount not to exceed $25,000,00, together with interest, costs of suit and attorney's fees, COUNT II - ATTORNEYS FEES 19. Paragraphs 1 through 18 are incorporated herein by reference as if the same were set forth in detail. 20. Defendant's conduct in indicating to Plaintiff that he would pay Plaintiff what April 3, 199B Mr. Tracey E, Springer 411 Hillside Drive New Cumberland, Pa. Mr. Springer: We have previously negotiated terms of agreement for the sale of the assets of the joint partnership of Springer Racing/Westover Motorsports to be conveyed to Robert M. Westover Jr. for the sum of $8,000,00, To date, the terms of the agreement have not been satisfied, Specifically, the titles to the tow package (Step-van and trailer) have not been conveyed to Westover Motorsports, nor have the points of contacts been provided for the anticipated receivables for the 1997 and 199B racing seasons, Despite numerous attempts at satisfying the conditions of the agreement, the terms remain unsatisfied. The terms of the agreement have been breached. Therefore, I must regretfully rescind the previously signed agreement, and dissolve the previous partnership in the following manner: Sale Price: Less Step Van Value Less Trailer Value Less Previous Cash Payments: Less Previous Unpaid Personal Loans: Less Pizza Land receivables (1997) Less Pet's Plus receivables (1997) Less Prorated Batteries Plus receivables(1997): Less Batteries Plus receivables (199B) Total $B,OOO,OO -$1,000.00 -$3,500,00 -$2,000.00 -$850.00 -$300.00 -$400.00 -$250.00 -$500.00 -$850.00 The Step Van and trailer have been returned to ACME Trailer Works, the keys for which you will find enclosed herein. As you can see, the aforementioned schedule satisfies all financial commitments as per the agreed upon sale price, Moreover, a credit in the amount of $350.00 is due Westover Motorsports for the 1997 racing season, and an additional credit in the amount of $500.00 is due in the amount of $500,00 for the 199B racing season. Please remit a check in the amount of $850.00, payable to Westover Motorsports. Should you have any questions or desire additional information, please contact me at your convenience, Very Truly Yours, ~ 10/ /1M. Robert M. Westover Jr. imIIBIT B ( , '.' t .' , " :' , ' . :: ", , .. , , . . , .': '" :. ,_ " '" <, TRACY SPRINGER ) IN 'l'HE COURT OF COHHON PLEAS ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) NO: 98-4483 CIVLI TERM ) ) ) CIVIL ACTION - LAW ) ) ) Plaintiff, VS. ROBERT WESTOVER Defendant. ;4n~w e 1"'5' -INTERROGATORIES IN AID OF EXECUTION /GARNISHMENT TO: Robert Westover 3800-C Elmerton Avenue Harrisburg PA 17109 AND NOW, comes Plaintiff, by and through his attorney, Gregory J, ICatshir, Esquire, and propounds the fOllowing interrogatories to the Defendant requesting that the Defendant answer in accordance with the Pennsylvania Rules of civil Procedure fully and completely under oath within thirty (30) days from the date of service hereof. Failure to answer in a timely manner may result in the issuance of a contempt citation. 1. Real Estate. State whether you have a legal or equitable ownership interest in any real estate located anywhere in the United States? ANSWER: YES ~. '.,~ "'" '. ' '.' '," ',.' '" ""~'.' ~ '" ). ~~;' '''''",;, ,..', "', \J '," :~. ',_ , '_ ",".,,,,,.. '.:. _ ' ,', ,":.: ,,,,'.',..' .,.,.,' tion of 5UC~ docum~nt of titl~, including volum~ and pdg'1 numb~r; ANSWER: See I>xhibit ^ '1. T~'1 pr'1s'1nt valu'1 of your '1quity int'1r'1st in t~'1 ,Prop'1rty; Approximtely $20,000.00 ANSWER: f. T~'1 dat'l and amount of any mortgag'1, t~'l stat'1 and county of r'1cordation, t~'l montMly paym'lnts (s'ltting foct~ pcincipal, int'lc'lst, as w'lll as c'1al '1stat'l tax'1S and insucanc'1 '1scrows,) and t~'l balanc'l now du~; ANSWER: The property is not encumbered. 3. Agc'l'lm'lnts. Stat'l w~'lt~'1r you' ac'l pC'ls'lntly a pacty to any agc'1'1m'lnt involving t~'l pUcc~as'1 oc sal'1 of any r'1al prop'1rty: ANSWER: No , . ,": ;' ",~--'-, '\ !'~:. :\.,'_.. ",', ~,,' , :'. ',,'''.~'''~.'l ;' :'. ~,,:..;.,-, ~'~< "":,,.'..,'~,;' :,';", ,,' ,,":' .-.-".-.....-"-......' "... " .,..-"'"......._~ ,',..-.........'.-' d, T~~ d~t~ on ~~ic~ ~ac~ bond, 5~~C~, 5toc~ c~cti(i- c~t~ oc ot~~c 5imil~c intQCQ5t ~~5 ~cqui'Qd by you; ANSWER: See Exhibit C Q. Ho~ Qac~ bond, sMdr~, stoc~ c~'tificdt~ or otM~c " int~r~st ~as acquir~d by you (wh~t~~r by purchas~, gift oc ot~qC mqans) ; ANSWER: Purchase Eo T~~ nam~ and pr~sqnt addc~ss of qach pqrSOn, firm or corporation from whom ~ac~ bond, shar~, stoc~ cqrtificatq or othqr intqrqst was acquir~d, rqgacdlqss of mod~ of acquisition; ANSWER: Unknown g. Thq nam~, pc~s~nt addrqss and t~18phon~ numb~r of any p~rson, firm or corporation wit~ whom you sharq, undqr any form of joint ownqrship or community intqrqst, any d~gr~~ of o~n~rsMip or control of any of th~ abov~ s~cucitiqs; '\ ': ' ,'. :,';" ,",' 1\, _ '~ ' "';~ .;:' . .,'c .,".'.'....:.'.'.. '.'~,;.'~";:_';',' .;.;,:.~,_'."~~~,,'~: '~: :", ~:\ .."I': ..., ~'''''''''' _'_'~ '1"""....~.t,~:;;".;;<;. AlliiliER : Pamela 11. Killli GOD Jrd strcet Juniata ^l tOOllil, Pcnlla. 16GOl h. whother you are presently are indebted to or owe any money to any individual or business entities for the purchase of securities and if so, state to whom and the amount of the indebtedness. ANSWER: E-Trade holds the margin balance of $2,338.00 as of 10/15/96. 9. Accounts, saving accounts or for anyone else'? state whether you maintain any checking or any accounts which you are holding in trust ANSWER: Yes 10. If the answ~r to interrogatory No. 9 is yes, for each account , state: a. Where the account is located; ^NSWER: Checking and savings account Pennsylvania state Employees Credit Union , i !"', " ,:":.',','.'"','","_,,,;,, ":L'" _' ,.".' 'I,. "_"", ':"'~ I.~' ..... .-..:.... ," "!/.' ..... ......, --,. ..' 1/....../.'. If. .' '~I" b. Und~r w~at nam~ or nam~s qac~ account is ~~ld; ANSWER: Robert M. Westover Jr. c. T~~ nam~ of t~~ bdn~ and branc~ ~olding ~ac~ account; ANSWER: Pennsylvania State Employees Credit Union d. T~~ id~ntification numb~r of ~ac~ account; ANSWER: 0179483207 ~. T~~ balanc~ of ~ac~ account; ANSWER: Checking: $1,327.14 as of 10/15/98 Savings: $1,564.84 as of 10/15/98 tl. Saf~ D~posi t BOl(. Stat~ wl1~tl1~r you maintain or l1av~ acc~ss to any saf~ d~posit bOl( or ot~~r d~pository for s~curiti~s, cas~ or ot~~r valuabl~s? ANSWER: No l2. If t~~ answ~r to int~rrogatory No. II is y~s for ~ac~ d~pository, stat~: .."" '\"'..- ..,...::. : ','.' ::1 ,~~,.". '~;"':'_:.:'~'.~' '...'..-. 'i:\':','~'(':,.~,," .;:~<. :':'."~~~~'.:':,;- :-:-~"..,~,::,I...","~:{"",'- ',' .' , .. .:'.:~..,.' ~'.,. .,. .~... ~. T~~ nam~ and pr~s~nt addr~ss of ~ac~ individual or busin~ss ~ntity to ~~om t~~ d~pository is r~nt~d or l~as~d; ANSWER: b. T~~ nam~ and pr~s~nt addr~ss of t~~ ban~ and branc~ ~~~r~ t~~ d~pository is locat~d; ANSWER: c. T~~ id~ntification numb~r or ot~~r d~signation of t~~ bOK or bOK~S; ANSWER: d. T~~ nam~ and pr~s~nt addr~ss of ~ac~ individual ~aving acc~ss to t~~ d~pository; ANSWER: ,.,f,<,......; , ....:...,' ~'".I':,.":~" .\;. <.,',,:.:',: :'" 1 ':,' ",:: ',.<."1' :~':"r~" ,,11.'.:_'" '~,','.,{..,' ... -.....-......" '....-r .. .. A d.scription of t~. prop.rty contain.d in th. d.pository, incLuding t~. amount of cash; ANSWER: f. Th. dat. you Last .nt.r.d .ach d.pository. ANSWER: L3. Stat. wh.th.r any of th. cont.nts of .ach of th. aboll.- m.ntion.d d.positori.s w.r. mOIl.d during th. past y.ar? ANSWER: L4. If th. answ.' to in t.rroga tory No. L3 is y.s, for .ach it.m r.moll.d, stat.: a. A d.scription of th. prop.rty r.moll.d; ANSWER: b. Th. .xact dat. of .ach r8mollal; ANSWER: c. Th8 r8ason for 8ach r8mollal; ......., .,,' "' ", '.: .. . ,J1 ".'.1.', ',"': i ", ~', '._~,,.,,' ....~: _~ ~.:.. '.. ',~ .' . .1 ~'., ,,,".'-;';':'~~....-. ,,-' ANSWER: d. T~~ nam~ and pr~s~nt addr~ss of ~ac~ p~rson w~o r~mov~d ~ac~ it~m; ANSWER: ~. T~~ nam~ and pr~s~nt addr~ss of ~ac~ p~rson, or busin~ss ~ntity to w~om t~~ prop~rty was conv~y~d, d~liv~r~d or transf~rr~d. ANSWER: LS. Lawsuits. Stat~ w~~t~~r you ar~ pr~s~ntly involv~d as a party in any lawsuits (otf)~r t~an tl1~ instant action). Includ~ any and all actions now in Court or in tl1~ proc~ss of pr~paration for Court or in tl1~ n~90tiation stag~ and supply tl1~ nam~s and pr~s~nt addr~ss of all parti~s, individuals or busin~ss ~ntiti~s involv~d or to b~ involv~d; tl1~ facts and issu~s involv~d or to b~ involv~d; tl1~ amount or amounts claim~d; tl1~ nam~ and pr~s~nt addr'O!ss of ~ac~ l~gal r~pr~s~ntativ'O! of ~ac~ party; tl1~ Court or Courts in wl1icl1 ~acl1 action is p~nding or is to b~ fil~d. ANSWER: Two claims pending against Mr. Tracy Springer. See Exhibit B. Claims to befiled with the District Justice. '~ ,,', .\~, ',::' ;,' :... --:',l '. 'I.', ~.f. ,.,',-,! " ..", ',.1', "'. _~,:":,,,.":..... .':'~'...:~.." ': .: \ '., ::" ,t ,: J:,..._~ . ':'. '0': I :..'. ~ 0 , . .' .~~: 0 16. Business Equipment. State whether you own any business equipment, including a full description of office equipment, any any other items of property used in conjunction with the operation of the business with full description, value and present location. state also whether there ar.e any encumbrances on that property; and if so, state the name and present address of the encumbrance or lien holder; the date of the encumbrance or lien; the original amount of the encumbrance or lien; the present balance of the encumbrance or lien; and the transaction which gave rise to the encumbrance or lien. 1.NSWER: Various pieces of equipment associated with racing operation too numerous to mention are located Dover, Pa. The estimated value of the racing equipment is $15,000.00 There are no encumberances on the equipment. 17. Motor Vehicle. state whether you own any motor vehicle. Include a full description of each motor vehicle including color, model, serial number, vehicle identification number and license plate number. Also, state whether each motor vehicle is owned jointly with another; the exact name or names and address in Which each motor vehicle is registered; the present value of each motor vehicle; and the present address of location and place of regular storage or parking. For each motor vehicle, state whether said motor vehicle is encumbered, and if so, the name and " ,.,' ,".' ,',:':., "'" ':<~'::"'" ""'~::"',,l',~', ',,"'t ;';..' .'.',1....+ '\ .,..."~,...~..._ ~"I:".; ::,:' :' : :"-r 20. Transf~rs. List all r~al ~stat'?, p'?rsonal prop'?rty, stoc~s, bonds, cas~ and any ot~'?r ass~t or it'?m of valu~ w~ic~ you ~av~ transf~rr~d by gift or sold for l~ss tl,an its fair mar~~t " valu~ at any tim~ during tl,~ last ~ig~t (8) y~ars. List suc~ ass~t transf~rr~d, its pr~s~nt location (or last ~nown location), d~scription, Its approximat~ valu~, to w~om transf~rr~d, t~~ latt~r's r~lations~ip to you, t~~ consid~ration or amount r~c~iv~d for suc~ transf~r, t~~ fair mar~~t valu~ at tim~ of transf~r and t~~ fair mar~~t valu~ today. ANSWER: None 2L. Cr~dit or Financ~ Stat~m~nts: Hav~ you at any tim~ during t~~ past fiv~ (5) y~ars giv~n a financial stat~m~nt or cr~dit application to any ban~, corporation or p~rson or p~rson? If so, attac~ a copy of ~ac~ sucl, docum~nt; list t~~ nam~ and addr~ss of t~~ ban~, corporation or p~rsons to w~om giv~n; and provid~ a compl~t~ ~istory, including dat~s, of your d~alings tl,~r~wit~. ANSWER: None that I can recall " " J;' .',' ';':: ,', ~..' ". ; .,A ". ,', " t."., ".:. :.,"', ~.," .L'-l' ",~:' ~.:.~....:: ...,; '.'::''','._ '~, ' ...... , ", ~.- (..""...;"':,~ ..... ::-...:.;..,,-;:. '4."'.........,....'_ .." ~. R~ntal Incom~. Stat~ wM~tM~r any of tM~ r~al ~stat~ you own or Mav~ a dir~ct or indir~ct l~gal or ~quitabl~ int~r~st is l~as~d. If so, stat~: a. TM~ nam~ and ~r~s~nt addr~ss of ~acM individual, individuals or busin~ss ~ntity to wMom ~ac~ ~arc~l of r~al ~stat~ is l~as~d. b. TM~ fac~ valu~ or amount of tM~ l~as~. c. WM~tM~r said l~as~ is ~aid montMly, y~arly or otM~rwis~. d. W~~eM~r tM~ ~aym~nt is mad~ dir~ctly to you, and if noe, stat~ t~~ nam~ and ~r~s~nt addr~ss to wMom tM~ ~aym~nt is mad~. ~. WM~tM~r you ~m~loy any individual or busin~ss ~ntity to manag~ said r~al ~stat~ and if so, stat~ t~~ nam~ and ~r~s~nt addr~ss of all sucM individuals and busin~ss ~ntiti~s. ANSWER: Pamela M. Rani, 608 3rd Street,Juniata, Altoona Pays $350.00 monthly. She pays gas,electric. Other utilities are paid out of the rent money. Rent is paid monthly to me. No others employed. -.-............ ..... 28. Employm~nt. Stat~ th~ nam~ and pr~s~nt addr~ss of ~ach of your ~mploy~rs, your monthly salary or wag~ for ~ach ~mploym~nt. Kindly attach a copy of your f~d~ral and stat~ p~rsonal and busin~ss incom~ tax r~turns to th~s~ int~rrogatori~s. ANSWER: Leon E Wintermyer, 220 Yocumtown Road Etters, Pa. 17319 $40,000.00 annually US Naval Reserves - $2,500.00 annually. My Federal and state taxes have not been filed.as Mr. Springer currently holds in excess of $4,000.00 of receipts applicable to my racing operations for the 1997 calendar year. Appropriate extensions were filed. 29. Busin~ss Own'lrshi Or Int~r~st in Busin~ss Pro ~ri;'. Stat~ wh~th~r or not you own or ~av~ any int~r~st in any busin~ss or busin~ss~s loca t~d anywh~r~ in th~ Uni ted S tat~s? I f so, for ~ach such busin~ss state: a. its (th~ir) location (s) ; b. its (their) r~gister~d place of business; c. th'l nam'l5 oE any partn~rs or joint owners, their T' ,-"" ~i" ", ... ~\!Ji!.?.iL~'- II I I I ,I I' .O'~. '\ J :,. t .: ., '.'. nUll I rr SI"'I'1f rl ,.,,~ 11I111 I"~H '...... ."'rl..lf..",....t....W,",.....,....',I'"' ('UUllly I'MUINo. '<!:rIllE; ~ltOClttllrc, , I II p , I , BETWEEN i I, J i! and MITZI .. ., 11 ., II !l MADE the .~ 2.- I~ day of )/;.' (<-<, in the year nineteen hundred and ninety-five (1995). 7 J ROBERT M. WESTOVER, single, of IIarrisburg, Pennsylvania A. WESTOVER, single, of IIarrisborg, Pennsylvania, Grantors, party of the first part: ^ N D .1 ROBERT M. WESTOVER of Harrisburg, Pennsylvania, Grantee, " I, I, t I, par y :: i '. II 'I '. !! ;' , ., :, " ,: " ., :1 II of the second part, WITNESSETH, That said part ie'<lf the first part, for and in consideration of Ibe sum of ONE j , I I I j I Ii I' II I' I I Altoona (formerly in the Borough of Juniata), and bounded and des- iI i I ,I Dollars, lawful money of the United States of America, well and truly paid by the said party of the second part 10 the said part ies of the first part, at and before the scaling and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and hy these presents do grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said party of the second part, his heirs and assigns, ALL THAT CERTAIN piece or part of the lot of ground with the buildings and improvements thereon situate, located in the City of cribed as follows: BEGINNING at a point on the northeast side of Third Street, distant, southeasterly 90.3 feet from the intersection Ii ;1 " " ., 11 'I '. . Ii "- 'I '. .. :i '; " .. :, :1 -, f , 'I ,/ " I. II Ii II II " I, :i .1 ; , , ., " il i. " , " " .. ;: .. 11 II , ! i I I I' 1 I I I I , I. i' I i I i d I- ii II ;-1' " j I;' I, OOgKJ.272 ~~!.! .~ .-.-.,.'''.-....,... - II I I nO? " of the southeilnt nide of Seventh Avenue with the nnrthe[Jot nitle of Third Street nntl in il noutlwant direction, II tli.ntolrlcl.' of 29,7 reet to i: Ii the northwes t line of S i.x th Alley: " I' :1 II Ii d " !I I. Ii il Ii i I I Ii thence along dud upon tj(jid side of said alley and in a northeast direction, a dintnnce of 25 feet to a point; thence in a northwest direction and parallel with said Third Street, a distance of 29.7 feet to a point on line of land of Robert J. Schultz: thence along said Schultz land and in a southwest direction, a distance of 25 feet to a point on the northeant side of Third Street, the point and place of beginning and HAVING THEREON ERECTED a 2~ story frame dwelling known and designated as Premises 608 Third Street, Juniata, Altoona, Pennsylvania. BEING the same premises title to which became vested ~n Robert M. Westover and Mitzi A. Westover, husband and wife, by deed of Robert W. Mock and Josephine C. Mock, husband and wife, dated November 22, 1985, of record in Blair Coonty Deed Book Volume 1121 at Page 602. Robert M. Westover and Mitzi A. Westover were divorced by Decree of the Court of Common Pleas of a"~rl."" County, Pennsylvania to No. '/3'/8 So (<i')/ on the 11 day of :r<if1l.10\,., 19,'lJ Since the time of said divorce, neither Robert M. Westover nor Mitzi A. Westover has married. To the best knowledge, information and belief of the grantors, no hazardous waste is presently being disposed or has ever been disposed on these premises. Gibboney and Gibboney are the scriveners of this deed and have not examined the title to the within described _premises. , I i I Ii !I II II II UW/O Jf /' ." i.i.; (. :LI'" ..."" ,. I :.J TOGETIIER wilh all and sinuular the tenemeuls, hereditaments 'lI1d appurtenances to the same belonging, or in anywise apperlaining. and the rcvcr."iion .HHI reversions, remainder and remainders. rents, issues and prufits thereof; ^NI> ^LSO all the estate, righi, title, interest, property, claim and demaud wlHltsoever, hot h in law and equity, of the said pari :Lea of the first part, of, in, to or out of the said premises, and e\'ery pari a'HI parcel thereof. TO II^ VI: ^N/J TO 1101.1> the said premises. with all and singular the appurtenances, unto the s:lid pari Y of the second pari, h is heirs and assigns, to and for the only proper use and behoof of said pari Y of the second pari. h ia heirs and assigns forever. ^ND the said particB of the first pnrt, thcir heirs. executors, and administnltors. do by these presents, covenant, grant and agree to and with Ihe said pany of the second pan. his heirs and assigns, that they the said parties of the first part, their heirs. all amJ singular the hereditaments iJ nd premises herein ahove dcseri hed and granted, or mentioned and intended so to be, with the appurtenances unto the s,lid pari y of the second pari, his heirs and assigns, against Ihe said pan ies oflhe first pan and their heirs. and against all and every other person or persons, wholllsoeyer, lawCully claiming or to claim the s.lIne or .IIlY part thereof. shall and will, by Ihese presents, W^RR^NT ^ND FOREVER DEFEND. IN WITNESS WIIEREOF.lhesaid part ies of the firsl part ha ve hereunto set their handS 'IUd seals . the day and year firSI wriucnabove. '2; 4.1 /1/ ~;f. ~~ Mitz~Westover 1;'i>"1I1j 1~,'"1j l~l'Illl 1~,'"1j I I II 'r CERTIFlC^TE OF I~ESfl)ENCE I. hereby certify thai the precise residence of Ihe graJ1lee herein is as follows 3800C Elmerton Avenue CLu.:-~_ <L- ,c:: Harrisburg PA 17109 QIUIIIIlU11&{Ul'nlfl/ uf ll'l'11115UlulIlli:1 } QI"""tU "f i--:J / r. ,o,. ~ 00, On this, the 2 l.- '- day of /71 "Y" the undersigned officer, personally appeared It"OBERT 1995 . before me M. WESTOVER, single, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the pur~,osC' therein contained. ,It, I IN WITNESS WHEREOF. I have hereunto set my hand and notaJi1'M:t;'.;.., seal. '.".',11 ..J""" /) ~ ' , ' . . ~ ~".,..., ,,;,....,(' . ,f" .", . I . . .' , '". "- ,7: 'I I ' "- My commriSSi?n Expires __-.-:-,_ NOTARIIII, $EN. :" ' MElDA N. McC/l,UC.il-W., tio'!:,y PtMi , AIlrx"JIl~. r~tg1rOtvII\~".. '('; , .. ,! I , M,("..\lffllAIs.'l;c." ~1:rJr~f..":",,., '. ~h('f :, I...____~_._-_.~--~. ....._. ....," .... . ", ~:::':';j .' .,.' '... " '~'':;' '.~ ~ ,.' :. , .. . 1!1(J/,1fI(11l WESIOVEJ< MOIOHSPOI<TS. 1!1:I1 EXPENSES. BY VENDOfl VENDOR AMOUNT COMMENTS PAYMENT BHIDGE SmEET AUTO BRIDGE STREET AUTO I l1.ljll CAll PAllTS 3.1/ CAR PARIS 1.1.fl~1 CASH CASH 6 CARL BILLETT 10 CARL BILLETT 310.00 STEERING RACK 600.00 CARBURA TOR 910001 CK 095 CK /05 / CREMO'S :lG 1481TOOLS, SHOP I VAN CK 097 CUTLER CAMERA 24.95IPHOTOS CASH 21 G & BRACE COMP 404.0/ CAR PARTS CK /00 22 G & BRACE COMP 199.08 CAR PARTS CK /02 G & BRACE COMP 180.15 CAR PARTS /84.501 11 MIKE NELSON JR 1.000.00 MOTOR CK 700 20 MIKE NELSON JR 900.93 MOTOR CK 700 1.900.931 2 MMI 089.00 RACE BODY CK091 3 MMI 45.00 CHASIS SCHOOL CK 092 5 MMI 1,48848 CAR PARTS CK 094 9 MMI 4.310./8 CAR PARTS/BODY CK 701 MMI 90.10 CAR PARTS CASH 12 MMI 047.21 CAR PARTS CK 721 13 MMI 134.99 CAR PARTS CK 723 14 MMI 40.88 CAR PARTS CK 720 10 MMI 354.31 CAR PARTS CK 733 1/ MMI 310.53 CAR PARTS CK 735 18 MMI 1.055.93 CAR PARTS CK /53 19 MMI 414.15 CAR PARTS CK /57 MMI 12/.20 TRANSMISSION REPAIR CASH 9,714.501 1 NAPA 30.231sTEP VAN PAINT CK 090 4 SUNSET TEES L 45.001TEAM SHIRTS CK 093 Speedwny Gmphics I 3941AUTOGRAPH CARDS Credit Cmd Page 1 "'-" ., E_\hiuiLi.: ,. I:'TI(AI>I:: ACClllllltl'IlSil;IlIlS I'.l'~" I II r I r~'t. ,E~~ ilCCOlll1t -t- POSI Ions ~;I.II/~fllI'1I1 ["lll':mlr" III Account: GA9144.0001IlGfl:l,/OBI ' : ,,'.d, h ", ".,,,,, . As o/Oll:la PM ETlO/15I9BClo"'l<I flll""" SYMBOL DESCRIPTION QTY AC'CT 1'111 n: HAIIKI':T VAl, A^,: /\u;.: C/ISL EGEO EGEO Geo IICCA KIDS ~J'J'E I NNGC Ar~C"dnA Flr::\~li':;d. AEPfWLJ.:X ltJr' CM:TLE DI':UTt\l, ~'Tr":: EN';LE (;!.;f)I'!l'I'::!f.'/ll, EN:!.E CiI::OI'i/'.':: [( '/\1. GENESCO 111(' HEALTlIC{\I<I.: ('Tl/:: ilF CIlI Lf)RI';W~ r'(]~.!I'!'~!';IlL W:JUNTAlll f.:HI.:pr;'I' In HJ.:CWIN,fC Ollil' " " , f) '.' , I ! ! , 11 " (/'1 r,! ,I I '. 1 ',i I , '.1 . .. , t.: ,I I ! p o! /'1./ " I , , " " ,1,1 : r,~ I . 'i I . n. I .1UI, .ll'f ',IOH .1 II 1 '1 1 I', I Jl ~ I ! III'! ,,'i! H ;", " ." ',',0 H "', 'In I' I. ;!()') Tot ill ,.....1 ~'.f)T111! t,l,t' k," 1/1 l!1" Tn!',ll (',1:;11 1,1.11 L:,.t 'f,il!l" Tot'll l't,'11(111l 1""'1'1 1.1,11 t'.'" ",',1 J 'I" Totill :;hn/! H,ll.h.! \/..lll'o ,1 , ~:! 1 I. 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I ,;:J r nco:::mIlIOOro'o'I,(1I1SI ROB~RT M WESTOVER JR 3800e EtHERTON AVE HARRISBURG PA 17109 ~ ~ . ..'m~'"'''''''' !! f ~ ",. '~.~'. I." .,... /<" .."I:'.f.. . ,.,,'....,. ..... :',~" PI,';,< ~,.'. . , , i " , I t1Tl[DnANO~ A.,.,.,TlOUf....uo().[ I) ".' c.u..V"::;"'UM:.ll. ,.........., ,.OUIOf (.OIJHIlI1 . .. O_O..Il"iolOlAllV....('OJOflfOlJfl-U!\ 1O"J1.........II(lOl " II_At~"'.IIlIUIv.LI1.1I0-r ,..' ~. 10000000:IU)....llltll 0'" ".flIl1Ul1ll.V...POI,crVlloCf,( n. IIl.rJH'>IAUCHD ~ s_r,I"II'"00 ' I ../<l.CO<'\"f.l) 11<'1 l.c~L ..._ vl'-:II:(;()NI......'~~~Ufl)Wl ~ :~~~~~'~I~lf ~~ , SlCOUO I It:tlIA...Ofl Of ,'\ ~ g'r.ocond ,",,"hl:'"-lo!1 ~ h,T...1 WI'lII UU5'lM;tlon 01",", lirslllf'n.ll'Iot f"". 1..rlllOlole. m"..,llOlwa""h,, "1"'(, the 0..'1111\1 01 Moll)( V\tIIlClea wlt/l \11ft Dpp/OP'.,I" loom ar.J I"" ,'..r'" /, . .,.. .,.~,I"'.' ~ :;tCOtIOUCtlllCL[A.';LD tJ,lU, ".,... ' f~I$T l'0IlElrASI:O I- t 0"1' liAl~ ..~~,l..OltI/LI) rILnlt,;~Ltl',~I:V~ . .'...,.....,~ , ..... . '...' .' ~ ........', IN ...Ullli,Jw/L......lI.ul::.Etll...Ir..L I..IAII.IIK1...t)(j\I(~;~ ROBERT M WESTOVER JR 3800e ElMERTON AVE HARRISBURG PA 17109 " ,:<;,\" ,. BRAOLEY.l'MAlLORY Iterlilynollhed:l,I,JOli,Wll,lhOJolliclJIIlII;UrdSU!IMPnnn5YNlInlllOcp.,r!!T1l\nl 01 TlaMllOllnl>Ofl ,,,nutIUldlll>0 P<"!ollu151 01" r.OIN~,r'Y u..mmlhuwiu I~ 1M t,w!,,1 C1""\{j' o f-> 01 .f-> CO -J f-> o , . " ~.' ',' ,''''" ' . ' . .', :"'. ',. '. '.'\ '. ~.~ ,', . ~' " ~"..' ~ ':" v;' ~., ."'7" " II) r"- '. ('-, I l,' L , .. i , , l-" " L- t.. I- e '- . " '- '" -' , . ~ ,.' ".' , , ,I, ,'~.,',~ '~'I'_ ,'"..~ ".'" ""~ ""'~' :\ -. ....;''-::.-.-~ .~ "':'''4 ~~: :. '.' . ". """ ~... "~. '.>';;"';':";;' Plaintiff ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) NO: 98-4483 CIVIL TERM ) ) CIVIL ACTION - LAW ) ) ) TRACY SPRINGER VS. ROBERT WESTOVER Defendant RULE TO SHOW CAUSE AND NOW, to-wit this day of 1998, upon consideration of Plaintiff's Motion, it is hereby ORDERED that a Rule is issued upon Defendant to show cause why Defendant should not be required to answer the Interrogatories in Aid of Execution/Garnishment served upon him, why sanctions should not be imposed for failure to answer said Interrogatories and why Defendant should not be required to pay Plaintiff's reasonable counsel fees. This Rule is returnable within 20 days of service. BY THE COURT: J. . ,', ,.I, I.'.t .:"",",:!~4,~~" ,:1', <,:'C::". ;::.~,.:,,' ,',(',,~ "',~.".-!"\~....~';:~...~;,.",~c,.' .~; '..,..'.~.'.. TRACY SPRINGER ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) NO: 98-4483 CIVIL TERM ) ) CIVIL ACTION - LAW ) ) Plaintiff VS, ROBERT WESTOVER Defendant MOTION FOR SANCTIONS AND NOW comes plaintiff, Tracy springer, by and through his attorney, Gregory J. Katshir, Esquire with the following Motion for Sanctions, and avers as follows: 1. Plaintiff filed a civil Complaint against Defendant on August 4,1998 to recover amounts owed pursuant to a contract between the parties. 2. On september 16, 1998, Judgment was entered against Defendant in the amount of $4735.50, plus interest. Judgment was entered due to a failure of Defendant to timely file an Answer to Plaintiff's Complaint. 3. On September 21, 1998, Plaintiff served Interrogatories in Aid of Execution/Garnishment upon the Defendant, pursuant to the pennsylvania Rules of civil Procedure. 4. Defendant has not answered the Interrogatories served upon him as is required under Rule 4006 of the pennsylvania Rules of Civil Procedure. 5. Defendant's conduct exhibits bad faith and exposes him to liability for sanctions under Rule 4019 of the Pennsylvania ,,' ." ,",',t.:' ..' ':, '1",. . .,~. ' :1., ::....'. "__Il~"""" --'" ~~'" ~':' :.'~, ,'" ,: .,".. Rulen of civil Procedure. 6. Defendant is unrepresented by counsol and has failed and refused to respond to any correspondence and pleadings in this matter. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order requiring Defendant to answer the Interrogatories in Aid of Execution/Garnishment within ten (10) days and to pay to Plaintiff's counsel reasonable counsel fees incurred in the preparation and prosecution of this Motion, or in the alternative, issue a Rule to Show Cause upon Defendant to show cause why Defendant should not be required to answer the Interrogatories in Aid of Execution/Garnishment and why sanctions should not be imposed for Defendant's failure to answer said Interrogatories. itted, tshir, Esquire r Plaintiff PA 10 #61967 900 Market street Lemoyne PA 17043 (717) 763-8133 , , , . . ~ " ..". "~..~' "."':"1":" ,'.l..",', ", ,', '-, :',":'}_,'.,":.~...::~: ..~;..._._.,::';.: ;' ".',,:: . " ",1'";."",, H'_ .,.... .. "'<'''''--':.''1\:j.~~. ~IFICATION BY CO~HSEL I am the attorney of record for the plaintiff. 1 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 Date: ,cJz.... 7he, , I g authorities. Gregory J. atshir, Esquire Attorney or plaintiff