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HomeMy WebLinkAbout07-5186PENN8YL COURT OF COMMON PLEAS Judicial DkMct, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAB No. O ~ - ~~~ C.f/~ NOTICE OF APPEAL Notice is given that the appeNartt has filed in the above Court of Common Pleaa an appeal from the judgment rendered by the District Justice on the date and ~ the case referenced below. Rodney L. Yentzer, Rodney L. Yentzer $I 09-3-01 `~~~~~~ Haro~E. Bender 1146 S. Pitt St. , Carlisle PA 17013 07 CV-0000143-07 Wt~-(i~ ~~ ~~~ ~ wm oe ~~ vrv~T wrren tlMS notation is ret><iired under Pe. ff appeNerK was Claimant (bee Pa. R.CP.D.J. No. 10010 ecfiorr R.C.P.D.J. No. 10088. This Notice of Appeal. when received ~ the D~trict Justice. wiN operate ss a before a LHstrkd Justlvs, A COMPLAINT MUST LfE FILEO within twenty SUPERSEDERS to the judgnisM for possession in Ibis cue. (20) days fifer /NLr-9 tire NOTICE of APPEAL ~• dRomar~r.y wo~wy PRAEC~E TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of ibmt b be used ONLY when appel/aM wes DEFENDANT (see Pa.R.C.P.D.J. No. f001(~ in action before Dis6ict Justice. !F NOT USED, detach from copy of notice of appeal to be sewed upon appellee. PRAECIPE: To Prothonotary Enter rule upon Hopewell ltap . Board of Supervisors appeNee(s), b file a oompl~nt &- this appeal Nertw orappNee(s) (Common Pleas No. ~ ~~~~ ~~ cP/~,) ~~ twenty (20) days after service of of fudipr-ent of non pros. (~ ~""~\ Slpnetus o/epp~rr<orarb-ney arapwit RULE: To Hopewell map. Board of Supervisog~~s) prem. asr,.w.lsl (1) You are rtotlfisd that a rule is hereby entered upon you b ffie a complaint in this appeal within twenty (20) days after the date of service of this nee upon You by personal service or by raNtified or registered rttail. (2) M you do nad file a cornplainYwifhin this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mad is the date of the mailing. /~~/~ _ Date: (~ , 20 Q'7 ~ 1. C,•-~t-fit" p~ cf ~ .. a vr++h YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTRRANSCRIPT FORM VYITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FlLE TO BE FlLED WITH PROTHONOTARY GREEN -COURT FlLE YEU.OW - APPELU-NTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO 8E SERVED ON DISTRICT Jl1ST'ICE ~. Board of Supervisr~s vs. Yentzer, Rodney L., et al. ii __ _ __ (This pry Glf E,KiF/IhF'~4L AAi~'A'~JLE TO F/LE CQA1PLAtAIT ~f~) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) . COMM4NV11EALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: thereby (swear) (affirm) that I served ^ a copy of the Notice of Appeal, Common Pleas ,upon the District Justice designated the~'sin on (date of servile) , 20 ~ , by peal ser~~ce ~ by (cerxified) (registered) mail, sender`s recut attached hereto, and upon the appellee, (name) -t , ~ 20 ^ by p Picts ~# boy { ,(~ ' .+ sender's receipt attached hereto. (~y;Rtii},(~1=1~) S4J8~G~I~ED BEFORE ME THIS DAY OF , 20 Si pr _ of berl~ra whan . ~ _ s ode , FMN o/agftsaf . My commiss~n expires on , 20 Si~r+aluro orsfRant n 4 v m,~a a. (~ l~ f'C ~ ~ ~ ,- -~ ` , CW © '~ ~ ` ~~ .~.,' -- -sr ~ ~'~'~ ~ ~~ ~ ~ a ~ -~. ~ ~ ° ~ o ----.- ~' ~°.~ COMMONWEALTH OF PENNSYLVANIA rnl wTV nF• Ct11~=8L71~ Meg. Dist. No.: 09-3-01 MDJ Name: Han. 8>11tOLD = . HEw1DiR Ad~'°~~ 35 N Oi>110i 8T 88IPPi88H~, P11 Tei,~,e: (717) 532-7676 17257-0361 DOII9I.Ix tiiP 1®0?OQt088 1186 B.PI?T 8Z C]IYLIBI.S, P11 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and nDDRESs ~180PSMiLL 1'NP H01utD O! SOP~lVI801t8 , 415 3 8Q. 1~LLON 1tD ]18N'8II1[fi, P1- 17280 L J VS. DEFENDANT: NAME and ADDRESS ~isrsBR, >R,o~r z. , sr 1-L. ~ 1106 80 PIZ'? Sti!>1! CJ11LL1BI.=, P]1 17013 L J Docket No.: CV-0000103-07 Date Filed: 6/25/07 THIS IS TO NOTIFY YOU THAT: Judgment: !~ PI.1LI11sI>rP (Date of Judgment) 8/07/07 © Judgment was entered for: (Name) 80P>111RLL 1'NP HO>tilD O, P 80Pi8P © Judgment was entered against: (Name) ~~~ ~' 110?Ot'~'~O®B in the amount of $ 1, 800.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to AttachmenU42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1, 800.00 Judgment Costs $_ ~8 Interest on Judgment $ -~ Attorney Fees $ .00 Total $ 1, 800.00 Post Judgment Credits $ Post Judgment Costs $ -~- Certtfiec! Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FlLING A NOTICE OF APPEAL WITH THE PROTHONOTARYlCLERK OF THE COURT OF COMMON PLEAS, CIVIL DNNION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTK:E OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDEfl ELECTS TO ENTER THE JW)GMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT ~ ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATMFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~V / Date Magisterial District I certify that this is a true and correct Dopy of the record of the proceedings containing the judgment. Date ,Magisterial District Judge My commission expires first Monday of January, ZOiz AOPC 315-06 DaT'i P1tI11?8Ds 8/07/07 8 s 84:00 111[ SEAL l ,COMMONWEALTH OF PENNSYLVANIA Cnl1NTY [1F• C~>QtLi» Meg. Dist. No.: 09-3-01 MDJ Name: Hon. 8>utOLD E . H»~Dlit Add~~ 3 5 x O~tauris 8T BHIPP>iU88II~tQ, P3- relepha,®: (717) 532-7676 17257-0361 it86 8. PIS"r 8T C~tLI®L><, P7- 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~1~OP=N,Q.L 'PM8 80~tD O! 80P!>RYI80It8 , 415 3 8Q. ~OLt+Ox ItD 1QNBDf~tO, P]1 17240 L J VS. DEFENDANT: NAME end ADDRESS rzs~r~e, z. , sr ur.. ~ 1146 SO PIZ? 8?>R>Ei= C3t1tLIgI.=, P3- 17013 II L J Docket No.: +L'iI-0000143-07 Date Filed: 6/25/07 THIS IS TO NOTIFY YOU THAT: Judgment: ~~ PI.>lf~Z>1'P (Date of Judgment) 8/07/07 © Judgment was entered for: (Name) 80P~IfiLL TIfP HOED O, ! SIIP>iitY © Judgment was entered against: (Name) Z>~5>i>~ __• ~LOD»Y L in the amount of $ 1, 800.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to AttachmenU42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1, 800.00 Judgment Costs $ • Interest on Judgment $ Attorney Fees $ . 00 Total $ 1, 800.00 Post Judgment Credits $ Post Judgment Costs $ Certified Jwdgmerrt Total- $ ANY PARTY HAS THE RIGHT TO APPEAL WITHM130 DAYS AFTER THE ENTRY OF JUDGMENT BY FlLING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIYIL DNI~ON. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTFIERW~ PROVIDED IN THE RULES OF CNIL PROCEDURE FOR MAGISTERUIL DISTRICT JUDGES, IF THE JUDQEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT ~ COMMON PLEAS, ALL FUR71#R PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERULL DISTRK:T JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN TF~ JUDGMENT MAY FlLE A REQUEST FOR ENTRY OF SATISFACTION WITH. THE MAG~TERUIL DISTRK:T JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. '' ~~rU i/ Date District I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2012 Magisterial District Judge SEAL AOPC 315-06 nnss P>itI>riT=D: e/o7/07 8:03: oo gut ~ ~ I COMMONWEALTH OF PENNSYLVANIA COUNTY OF: L'0~litle>18D Mo,i Men,e: Han. 09-3-01 NOTICE OF JUDCMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: wwae end n~~aESs ~8088NSLL T111' HO>t-8a 01r 88PiRVI801t8 , 415 3 8Q. 80LLOlf 1tD 88if~01t0, P>1 17240 8><1f:OLD 8. 811~>jft Ada`°~: 35 X 0~8 8T 88IPP8»'8BtT8p, P71 Telephone: (717) 53$-7676 17257-0361 Ci'RrOL !>>I8T88R 1146 >llk0 PIT'? 8T>it8lT C>11tLI8L8, P>- 17 013 THIS IS TO NOTIIFY YOU THAT: Judgment: ~'OZ PL»»ZIlT L J VS. DEFENDANT: wu~ end nooaess ~='>f7TL8t, 80~i= L . , 8T 11I.. 1146 AO PITT 8T1t88T C>11tLISLB, P>- 17013 L_ J Docket No.: CY-0000143-07 Date Filed: 6/25/07 (Date of Judgment) 8/07/07 Judgment was entered for: (Name) ~p~+ TMP HO~iR33 O, ! ~PBRV Judgment was entered against: (Name) =8l9TL81t, C111tOL in the amount of $ 1, 800.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 1, S00. Judgment Costs $ • Interest on Judgment $ Attorney Fees $ Total $ 1, 800.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HA8 THE RIGHT TO APPEAL WITFIIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHOIr~TARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDCiMENT/TRANSCRiPT FOfIIIA WITH YOUR NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVED IN THE RULES ~ CML PROCEDURE FOR MAGISTERWL D~TRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COIF FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCE88 MAY ~ ISSUED BY THE MAtiFBT'EiSAL DISTRICT JUDGE . UNLE88 THE JUDGMENT IS ENTERED IN THE COURT OF tX}M~fION PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FlLE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAY8 IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. '~ ~' ~/ ~ Date District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, ZO1Z Magisterial District Judge SEAL AOPC 315-06 D11T8 P1tI8TlDs S/07/07 8:43:00 111[ ~-,~ .~ ~_ . "~ ~ ~ ~ p~- . ~ ~ ul ~ ~ i ~ rU O rU ~. s - ..• .•. ti .. . ..• .-. m m rn ~ ~ x m rti ~ Postage $ ~' Postage $ , N I ~ O p ~ ~ p Certified Fee ~. p Certified Fee ~ p Postrnark p Postmark p Return Receipt Fee Here p Return Receipt Fee ~! Here (Endorsement Required) ~ (Endorsement Required) /? , p Restricted Delivery Fee /1 p Restricted Delivery Fee r-9 (Endorsement Required) 1 yt 3~ Q _ ~ (Endorsement Required) 11 ' ~ ~ ~~ A ea I p ~ ,~/ _` p Total Postage 8 Fees ~ ~. Total Postage & Feea $ ~ ~ ~ p eqt To ~- ;~~,~--~, r--L~! ~.~.__&~?~~_ - ~- Wit. No.;-~ --~------~~. 5 ~1~®/%0~ -- ®YY~ orP06arao. -~ or POBox`NO.. _~_~__ W~ r ~I n~~ .z.------ _... ay, e~i;~: ~Pi:i --------------_ k__ ~..........------ .__ ~,;.~~ Sh' ~ri~,b P.~~ r~ a NPWbv ~ ,~ ~ p +- ~° r A~~~g of me r-adi~e o+ +- ~~ ~ .~ Q~ WEALTH OF P'ENN~rYLVANIA OF .~~~~LANO ' T: 1 hereby (mac) (gym) that F served Common PI+ 07-~18~6 upon tha [~istirid Justice d~ignated:tFaenein on a copy >f the Noce of Appeal, - Se temb[er ~., 2q~ ~ ` feed service ~. by (certified) (ragif marl, (state d a!erviice) P sender's reof•l'tpt attacheel hereto, artd tr~-t apPe: (n~kre) 1, ~~ Bel . o p~ 20 ws ~ PertlQr~slservice ~ (ce~i~!) {negis~'~bcM}'r Se~tr 4 ~~ Q'7 aendm+"'s rec~-pt wed h®dato. p ~.,: ' ` OAY ~ SUBSCRIBED B~FORf ME <; ~, ~ ; ;, .. f IR~17) Al!!D ; ~ ,~ ~ r~ o/ of~trr b~Ar+re whom awas w,w,.~ d !~~ , c~mrrussion expires ~ psi x~ti. rc. ww~n ~, , Ctl'~0.. Ct 7• ~11 _ M 'f } ~. ' i4 t~ ti :.. ~~ ~..:'~. i ` 'M ' ~ ~~. .{ ,.,, ~ t F . ~, ,ui6~.~a rs~„a.a~. ~ v...~.~.~ru.:.aYYi~c,~i~lra ~ ._~ --- - - -~~ ~ e.. ~ ii~~..:.~ Pa i' ^+. -~ GOMMONWEAL.TN OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial DistNct, County OF ' ""°" ~ A NOTICE OF APPEAL FROM I DISTiI~T JUSTICE JUDGNT COMMON Pt~t~,No. ~7 - ~'l8'~ cta~ wOT~cE O~ ~E~+u. Notice is given that the appeNsnt tows flied in the a~enne Coact of ~ Plare~ an ~ ts+vm the " rentieted ~ the Diwftict Justicse on the dateas~ltd in the t'~se bairfwr. . Yent~er, Rodney L. Yant~ar 2 ~ 3•-01 - - tier ~. 1146 S. Pitt 3t. Carlisle Ptti 170 814114? do ewe21 Tarp. board a~ 8stg~et:via+gre vs. Yeatxer, Rodney L. • et ~l. CV-4040143-47 ~ ~ ~j ~ . this t~loc;k wis be aigrsd t3NLY whstr this nota~an is ulster Ps. R.C.P.RJ. t+b. f(~Ot3B. This Noticer of Appesi, when reaetred bl+ the Di~rict Juttics. wiN o~parete ee a SUF~R9Et~E11S to p-e jtbgnisnt' ibr poeeion ~ti' raise. Gelfwoa a Of®fitat Just+~ A GCIAIA'LA-N7' JNl~S7 Bg' ~lt~ ;. (2Q1 days ~f6w' Alp, ~r NG1T~& die:. PRAiECii~'E' TO 6liR tti~.E Tt3=1 try ~ l~ll~ TO'i~E SOT USA ED inn c~ipy cif C3MVfa Y wd~er`i ~ was CST' {s~+e Pa.FLGP.p.J. Nd. ?OOi{T) in aclior- ENs~r+ist ~1i,~fcae. IF rwat~e of ` ~ .~ be aervsd t~gaoit , _ . , PRArECIPE: To Pr~hcnotary Enter rub upon Hopewell Tarp. Board of &uYrarvitt~-rs a~y~s~,` b fie a ~t ~ thts appeal 4 pr Mwn. vi .+i((4 (Common Pless No. ~ ~,.~~ 0 f C 1' J«~) Y Cr'~~ ~e~M~~ ~1~;s~f non Pros- f S1pn~nr d ~ppeiruf o~r,Mr ur w9+~ RULE: To Hopewell Ttrp. Boazd ot; Supe~aviaq~s~ ~ ' dam. or~pprMlKs) (1) Yon aKe notiEisd ifiat' a n~le is t~by enbeped upon you tr? tf)e al t~o~pta~t iR wig iwre--ty {20} diay~ aver the daNe o/ t!~ n~ie upon you by ps+alo~reis~vioer or #I~:!iMrd'te' dr~i~Mhll.~t1• {2) #'Y~ do tiie a ooptpipiet wt this, tfp-e, a J!lDGMENT OF t+if)N PRtJ6 MrRY' BE Ehl'f17 A~6p4S't Yt~ll. (3J -The date ~ service ~: rule iiarervioq was by nuwii is tl~e Qtthe mailing. / f Dater: . 2t). ~"~ '.~ C~.rIC~6~~~- ~~~ ~ YOUMUST {NCLUQE sA COPY OF T~~liQ~ Qty , :. ,, ,. -FOtMl11i1>O'M T!~ MOTS ~ ~.. AOPC 312-02 WHTfE - CEhIRT Fqf Tt) ~ FRED VMtT'H PR07'ItOMQ'fARY GREEtI - COtNfit` FILE Y~I.F.!111111- A~ ' ~.~~ d Delivery k dM~Y ~fdrsre diNenntt~trn kam t? urea K Yk'"3r attber defvery eidrlrees bebw: ^ No 3~w, ag ~ ~` uh ~ p~~bvr~, P ~ 0 lcxpreesMeN P ~ ~jjy 1 °o a c.o o `q°~l°`~r talaa 17~ ~T n 4. Aeeulcsed ~ ~•1 ^ lree ~.'~''""~°' 7Gtp6 t]81D DDDD 7883 3215 _ _ ~ ~.c......ia.~vlr~~ - - ~, ~ C~O~-IQi11B61~1i1B 1 r,2r 811d 9'l~llb0 ~ ibm 4 ~.RsdMcisd De~trory fs deeMsrl. j i ~ y~ctur rpsrts surd eddt~eea Ott tits renera~s x~r" . ~ . so Mrs cart tbtixrt the ~ to you. ^ Attaart this Card to the back of the !r a rm the ilar~ ff apaos permits. 1. Atll~ilk'sedto: ~.} ~QYv~ ~ ~~ ~~nc~" or r+ ~ ~. 1; ,ozses~a2-e~.+sao ; __. _ _ __ ...'.. . i0etn 4 ti iie~hicbed t?eliMegf,is ~esltsa. ~ Prktt yQ~ rtsrrteand address on the t+ewet'es sotttat vae can tstwxn ttw:ceud ~o-you. ^ Attach tt~s card to tlts beck crf tits trxdlpiscs. or on the trctnt M space. pecrrdts. 1. AMcle Addneeesd Eo: ~ 15Of5 ~f r ~ 3 5g, a t caw ~ , '~y evvb ~ r?~ p~A r ~~~o o t~t.e.lwea ©+«re v lieaxn +~ ~:7 `IrrNred rASli D caa -- a iielticted Dewver>~ ~ ~ o ree 2. nrt«ae~der; 7[06 r t~8~1 AODQ 78$3 3229 {lisrnrbr iorh abivlc~ r Ae4na t~errMt tags-aa-M•tsao ;1'~S 381 ~: ~r h ..~ ~; ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: C>~~>ll1RL11il~ Mag. Dist. No.: 09-3-01 MDJ Name: Hon. BOLD i . 8>®E>it nadreaa: 35 X O 8T BHIPPaBHDItA, P~ Tabp-,«,e: (717 > 532-7676 17257-0361 1146 80 PIT!' 8?7t=lT C1RLI8LS, P71 17013 THIS IS TO NOTIIFY YOU THAT: Judgment: !03` PL71I>R=~ (Date of Judgment) 8/07/07 Judgment was entered for: (Name) ~P~+ T11P D O, ! 8VP>!f!V © Judgment was entered against: (Name) !>aTZ>Ot, nOD~i'Y L. in the amount of $ 1, 800.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1, 800.0 Judgment Costs $-- a Interest on Judgment $~ Attorney Fees $ _ 0 Total $ 1, 800.00 Post Judgment Credits $ Post Judgment Costs $ Certiifled Judgment Total $ I ANY PARTY HAS THE RKiHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUt~IMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIYMION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT A$ OTHERW~E PROVIDED tN THE RULE8 OF CNIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES. IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT MI THE COURT OF COMMON PLEAS, ALL FUWTFIER PROCE88 MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGIST'ERU1L D18TAICT JUDGE . UNLESS THE JUDGMENT M ENTERED IN THE COURT OF COMMON PLEA8, ANYONE INl'Ef~TLD EI THE JtJOQMBNT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGlSTERUIL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS tN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ' "/' U % Date Magisterial .District Judge I certify that this is a true and correct Dopy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2012 AOPC 315-06 NOTICE OF JUDGMEIVTRRANSCRIPT CIVIL CASE PLAINTIFF: NnMe and ADDaESs ~~OP>elf>EI.L TNP HO~itD OP 8IIPS1tPI80Y9 , 415 3 8Q. SOLL07I ~itD >N'iM9D>Itfi, PI- 17240 L J VS. DEFENDANT: NAME ~d ADDRESs 1146 80 PITT BT=itlT C11->ttLISL=, P71 17013 L J Docket No.: Ci/- 0000143 - 07 Date Filed: 6/25/07 D3tiT= P>IlIIIT>®s 8/07/07 8 s 42 ! 00 ~ Magisterial District Judge SEAL ~ r~ r-~ d '" -_ -.' i` p .a -s-s s?'1 '_'~ C>> '1'' -~.: `'-'~ (_ J ~~ ~' ^^~ HOPEWELL TOWNSHIP HOARD OF : IN THE COURT bF COMMOM SUPERVISORS :PLEAS OF CUMBEJtLAND :COUNTY, PENNSYLVANIA PlaietiH' v. RODNEY L. YENTZER, II, RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER, individpally And dd/b/a DOUBLIN GAP MOTOCROSS, INC. No. 4"f-5186, CIVIL TERM CIVIL ACTION - LAW APPEAL FROM DISTRICT JUSTICE COMPLAINT COMES NOW, the Board of Supervisors of Hopewell Township, Cumberland County, by and through its Solicitor, Sally J. Winder, Esquire, and does file this Complaint for Violation of the Hopewell Township Ordinance 79-2, as amended, based upon the following: 1. Hopewell Township, Cumberland County is a duly constituted and existing Second Class Township, having a principal place of business and mailing address at 41 S Three Square Hollo~iv Road, Newburg, Hopewell Township, Cumberland county, Pennsylvania 17240. 2. The Defendants are Rodney L. Yentzer, Carol M. Yentzex, Rodney L. Yentzer, II, and Jeffrey A. Yentzer, sui juris adult individuals, who are Defendants in their individual capacities as well as in their capacities as individuals trading and doing business as Doublin Gap Motorcross, Inc., a duly organized Pennsylvania corporation having a principal office address of 1146 South Fitt Street, Carlisle, Cumberland County, Pennsylvania. 3. Defendants own and operate Doublin Gap Motocross Park at 100 Reasaer Lane, Newburg, Hopewell Township, Cumberlarxi County, Pennsylvanua 4. Plaintiff Township has duly enacted Ordinance 79-2 ami Ordinance 07-02 amending Section 14 of Ordinance 79-2, copies of which are marked Exhibit "A" and "B", attached hereto and incorporated by reference herein. 5. Pursuant to Ordinance 79-2, Defendants did apply for, and were issued a Public Gathering Permit for June 24, 2007, in conjunction with the motocross activity scheduled at 1 ~ Reasner Lane, Hopewell Township, for that day as listed on their website "LL Youth Regional." A copy of said Public Gathering Permit is attached hereto, marked Exhibit "C" and incorporated herein by reference, 6. Also scheduled on Defendants' website is June 22, 2007, "Friday June 22, 2007 -Practice Day 10:00 am. to 4:00 p.m. 7. Defendant never applied for, and never obtained, a Public Gathering Permit for Thursday, June 21, 2007, Friday June 22, 2007, or Saturday, June 23, 2007. 8. Plaintiff Hopewell Township Supervisors observed campers, trailers, pick-up trucks aril automobiles entering the motocross properly from Thursday evening through the early morning hours of Friday, June 22, 2007, parked and camped throughout the motocross premises including the area which is usually designated as the practice track, as shov~-n on the photograph marked Exhibit "D" attached hereto and made a part hereof. 9. Defendant, Rodney L. Yentzer,ll, when asked on Friday, June 22, 2007, why he did not file an application for a permit advised the Supervisors that he did ant know how to respond and that he guessed the Township wonted have to fine him. 10. On Friday, June 22, 2007, Defendants were directing, permitting, allowing, and encouraging campers, trailers, and other vehicles and race event participants, invitees, and guests to park and camp on the adjoining property, the Wickard tract, where such business related activities are prohibited. 11. Plaintiff believes and therefore avers that the Defendams exceedcd the 450 persons gathered at 100 Reamer Lane, Newburg, Pennsylvania which would require a Public Gathering permit for Friday, June 22, 2007. 12. Plaintiff believes and therefore avers that it was the intention of Defendants to continue m be in violation of Section 6, Ordinance 79-2, as amended, by permitting the peophe who drove campers and other vehicles onto the premises Thursday, Friday, and Saturday, June 21 through 23, 2007 to remain there in violation of the Ordinance which requires that any event not held in a building shall terminate not later that midnight, and it shall be unlawfiil for any person to remain on the premises between the hours of 1:00 a.m. and 6:00 a.m. 13. Plaintiff believes and therefore avers that Defendants obtain liability waiver forms from those entering the premises and that such forms contain names and numbers of persons entering the premises, thereby allowing Defendants to know the number of persons on the premises. 14. Plaintiff believes and therefore avers that Defendants furdter charge for use of the tract for practice and that Defendants charge campers and Tonal vehicles who stay overnight. 15. Plaintiff believes and therefore avers that Defendants anticipate gatherings in excess of 450 people as evidenced by their application for and obtaining of permits under Ordinance 79-2, as amended. 15. Plaintiff believes and therefore avers that Defendants encourage people to stay overnight and camp at the motocross property on weekends when large events are scheduled and thereby anticipate and expect that the number of people on the premises the day and night before a large race will exceed 450 people. 17. Plai~iff believes and therefore avers that Defendant does not apply for permits for days which are immediately prior to permitted race days because Ordinance 79-2 does not permit overnight stays whether defined as camping or parking. 18. Plaintiff believes and therefore avers that Defe~ant acts are in blatant, willful, bad faith in failing to apply for pernuts on days prior to large events for which they obtain permits and that such was true for Friday June 22, 2007, and Saturday, June 23, 2007. 19. Failure to obtain the required permits for Friday June 22, 2007 and Satinday June 23, 2007, are separate and diistinct violations each subject tci civil penalties of 5600.00 per day per violation. WSEREF4ItE, Plaintiff requests judgment in favor of Plaintiff and against each Defendant individually and as Doublin Gap Motocross, Inc. in t}ye amount of $6,OQ().OQ plus costs and attorney fees. Respectfully submitted, V Sally J. ,Esquire Attorney for Plaintiff 9974 Molly Pitcher Highway Shippensburg, PA 17257 (717) 532-9476 HOPEWELL TOWNSHIP ORDINANCE NO. 79-2 AN ORDII~TANCE REGULATING PUBLIC GATHERINGS, PROVIDING FOR PUBLIC GATHERING PBBKITS AND REQUIRING ADEQUATE FACILITIES TBERBFOR, PRO- HIBITING CONSUI~'TION OF ALCOHOLIC BEVERAGES AND POSSESSION OF OPEN CONTAINS&5 OF ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY AND PUBLIC HIGIi- WAYS, PROHIBITING PUBLIC DADNB8NN833, AND PRO- HIBITING FIGHTING, INDBCBNT CONDUCT, AND GATHERINGS FOR UNLAWFUL PURPOSES WITHIN THE TOWNSHIP, AND PRESCRT$ING PENALTIES FOR VIOLATION. It is hereby ordained and enacted by the Board of Supervisors of Hopewell Township, Cumberland County, Pennsylvania, as follows: Section 1. It shall be unlawful to hold, manage or conduct any public gather- ing, entertainment, or party of any kind in the Township, except in compliance 'with the provisions of this ordinance. Section 2. It shall be unlawful to collect, gather, or be a member of any disorderly crowd, or any crowd gathered for any unlawful purpose. Section 3. It shall be unlawful for any person to commit any indecent act; or to appear in any public place not properly or decently garbed. Section ~+. It shall be unlawful for any person to be is an intoxicated condition in or on any street, highway, or public place within the Township. Section 5. It shall be unlawful for any person to knowingly start a fight, or to fight, or to commit any assault or battery in any public place within the Township. Section 6. Any public gathering or event not held in a building shall be term- inated not later than midnight, and it shall be unlawful for any person to remain on the premises between the hours of 1:00 and 6:00 a. m.; provided that employees of the holders, managers or conductors of such gathering or event whose duties necessitate it, may remain on~the premises for the performance of such duties. Section 7. No such gathering, entertainment, or party shall be held or pre- sented in any premises, unless such premises have been examined by the building' inspector of the Township not more than three days in advance of the date of such gathering and found free of any fire hazard and found to be suitable for the purpose. Section 8. It shall be unlawful, within Hopewell Township, for any person to drink "liquor" or "malt or brewed beverages" upon any public street, public mun~.ci- pal parking lot, private parking lot open to public use or public park, or in airy -vehicle being operated or parked thereon. Section 9. It shall be unlawful, within Hopewell Township, for any person to have in such per-son's possession or in a vehicle under such person's control any open container containing "liquor" or "malt or brewed beverages" upon nay public street, public municipal parking lot, private parking lot open to public. use or public park. ~~~~~cN ~ Section 10: The following words or phrases, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this section: "Liquor" and "Malt or Brewed Beverages" and "Container" and "Official Seal" shall mean the same as those wards and phrases are defined in the "Liquor Code" of the Commonwealth of Fennsylvania. "Open" when used in connection with a container shall mean any container which has been perforated in the case of a can or similar container or a container on which the cap has bees loosened or the cork displaced and the official seal torn or mutilated. Section 11: It shall be unlawful to hold, manage or conduct any public gatherings, entertainment or party within Hopewell Township without providing for adequate sanitary facilities. There moat be separate facilities ox units for males and females. A11 facLtities, except where public water and public sewer service is available, shall be of the chemical type. All facilities during the operation of the public gathering, entertainment or party, must be serviced once a day, at least. Section 12~: Any person, corporation or firm desiring to hold, manage or conduct a public gathering of a type covered by this Ordinance must make applica- tion to the Township Secretary for a permit at least ten days in advance of the gathering or event and pay to the Township at that time any fee for issuance of ssid permit which the Township, by resolution, may impose. Application forms shall be provided by the Township and require such information as the Township, by resolution, deems necessary and pertinent for the effective enforcement of the provisions of this Ordinance. Upon compliance with this section and with the provisions of this Ordinance, the Township Secretary shall issue the appropriate permit. Section 13: The Township may require the posting of cash bond, or surety bond with two or more sureties satisfactory to the Township, or with a corporate surety, in an amount which will reimburse the Township foz its costs of clean-up, maintenance, and repair following the conduct of any public gathering within the Tawaship contrary to the provisions of this Ordinance, prior to the issuance of the appropriate permit. Section 14: This Ordinance is not intended to apply to any public gathering of less than ?'3'0 individuals, and is not intended to apply to any public gathex- ing where all the persons in attendance are related by blood or marriage. Section 15: Any person, firm or corporation violating any provision of this Ordinance shall, upon summary conviction thereof, be sentenced to pay a fine of not more than three hundred ($3Q0.00) Dollars, and costa of prosecution, and, in default of payment of such fine and coats, to imprisonment. for not more than ninety (9O) days. Section 16: If any sentence, clause, paragraph, section or portion of this Ordinance is declared~by any Court of competent jurisdiction to be illegal, invalid or unconstitutional, such declaration shall not affect the remaining provisions of this Ordinance. Enacted this ~t~ day of August, 1979. ~~AtteBt: f 1.E `t 1~ 1 /)~// Alverda C. Oclcer, Secretary George .Hoover, Chairman r' Y caj~~ c~j ~~c~~~~anc~ /~C. ~q-Z ,knt~c~c~ ~u u~ , 1 ~ ~ ~t j~~r~ a~ r~ c n ~ -~a ~~~cc ----~ ~ ...__ -_ `~,Ll.~ Ql1-~ CQ2~t~ ~~ b`~} ~ c ~~( (~ C'a`~~~tttr_~ . HOPEWELL TOWNSHIP ORDINANCE NO. ~7- ~a AN ORDINANCE OF THE TOWNSHIP OF HOPEWELL, CUMBERLAND COUNTY, PENNSYLVANIA, PROVIDING FOR AMENDING HOPEWELL TOWNSHIP ORDINANCE N0.79-2 WHEREAS, there exists an Ordinance regulating certain public gatherings in Hopewell Township, Cumberland County, Pennsylvania which is Ordinance 79-2; and WI~REAS, said Ordinance 79-2 was duly enacted August 6, 1979; and WHEREAS, the Board of Supervisors of the Township of Hopewell deems it in the best interests of the citizens of the Township of Hopewell for their general health, welfare and safety to amend Ordinance 79-2; and WHEREAS, the Board of Supervisors of the Township of Hopewell acknowledges that the impact on the community of large gatherings affects the surrounding community including the general welfare of those using roads and highways located within the Township, increases the need for emergency services, impinges the quiet enjoyment of residents of their property; and WI-IEREAS, large gatherings of persons tends to create additional trash, noise and air pollution, and adversely effect the natural environment, waterways, and open spaces of the Township unless properly regulated. NOW THEREFORE, BE IT ENACTED AND ORDAINED by the Board of Supervisors of the Township of Hopewell, Cumberland County, Pennsylvania, and it is hereby enacted and ordained as follows: SECTION I. Section 14 of Ordinance 79-2 is amended to read as follows: This ordinance is intended to apply to any public gathering of 4S0 individuals or more, and it shall not apply'to gatherings of fewer than 4S0 people. This Ordinance is not intended to apply to any public gathering within the Township where all persons in attendance are related by blood or marriage. ~~~ti4~ ~; SECTION II. This Ordinance shall become effective five days after enactment. SECTION III. SEVERANCE CLAUSE -Should any section, paragraph, clause or phrase of this Ordinance be declared unconstitutional or invalid by a Court of competent jurisdiction, the remainder of said Ordinance shall not be affected thereby, and shall remain in full force and effect. SECTION N. REPEALER CLAUSE All Ordinances or parts of Ordinances or Resolutions conflicting with the provisions of this Ordinance are hereby repealed to the extent of such conflict. ENACTED AND ORDAINED into an Ordinance this day of May, 2007. ATTE? r BOARD OF SUPERVISORS OF THE TO S OF HOPEWELL b i by ~'`~ ~'~" --~" ~ ~g~~ tY ,e,~$~i~ GI~~Cvu~nb~rla~ "~;~ __.----- 3~• oc ~ ~~,~ gpt6a~a8} ~ ~ ~ ~~. ~ ~ °f ~~ ~ ~ 1~ ~ ~ ~ ~ux1 snuff ~^~, ~„~,..~------~--" Z'~ ~ ~ four ~ ' ____--- ~_...-------~--''"`r~ .~" ~ gyp, aa~ ar ~ ~ #c $~ ~• ___~-- bow ~ ~Y bad fcr ~ Tower y. t1~ D~ t°'~ ~ a~ ~ of~ri~ ~ ;~ ~-o~-" yip .I,-, _ __---- __._._.---- __--- I ~ ~ sll of ~ ~~ CSA 49d'~ ~'-~'~ t°' tha p~ .S°~ 7_.___ ,~,~ ,~,~ _._------~-----"r_""-nom '°~ `~~ ~~ ~s ~~~~~~ ~ VERIFICATION I verify that the statements made in this pleading are true and correct to the best of my knowledge, information, and belief and that as an elected member of the Board of Supervisors of Hopewell Township, Cumberland Couirty, I am authorized to execute this verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4944 relating to unsworn falsification to authorities. Date: ~ 0 Curtis W. M Supervisor C"~ •v ,~ ~~, ~ .~' ` c~ ~"~ 7 r ,- `r~ r~n ~? is t- -~ ~ ~. ~=` ~ r> ~ ~ ~ ~ - ;~ -... N :r t7 t:;) ~-r~ - -i Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249.7780 717.249-7800 FAX Attorney ID 22080 HOPEWELL TOWNSHIP BOARD : IN THE COURT OF COMMON PLEAS OF OF SUPERVISORS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.2007-5186 CIVIL TERM vs. RODNEY L. YENTZER, II :CIVIL ACTION -LAW RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. : Defendants :APPEAL FROM DISTRICT JUSTICE PRELIMINARY OBJECTIONS Comes now the Defendants, Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer, by and through its attorney, William A. Duncan, Esquire, and files the following Preliminary Objections to Plaintiff's Complaint: 1. The action herein filed by the Hopewell Township Board of Supervisors is against the Doublin Gap Motocross, Inc., a duly formed Pennsylvania Corporation and against Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer as individuals. 2. The subject matter of the Complaint relates to activities which are conducted by Doublin Gap Motocross, Inc. and not by the named individuals. 3. Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer are improperly joined as Defendants in this action and under Pa. Rule of Civil Procedure C.' c° ~-~ ~-~ -n `t ;~= ~ c~ - . r ~ ~r~ , rr _, ~ ~ -~ ~7'7i C :1 =• ~ ,~ ~ ~.... "~. Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249.7780 717.249-7800 FAX Attorney ID 22080 HOPEWELL TOWNSHIP BOARD : IN THE COURT OF COMMON PLEAS OF OF SUPERVISORS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2007-5186 CIVIL TERM vs. RODNEY L. YENTZER, II :CIVIL ACTION -LAW RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER,~t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Defendants :APPEAL FROM DISTRICT JUSTICE ANSWER Comes now the Defendant, Doublin Gap Motocross, Inc. by and through its attorney, William A. Duncan, Esquire, and Answers Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted that Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer are sui juris adult individuals. Admitted that Dublin Gap Motocross, Inc. is a duly organized Pennsylvania corporation having a principal office address of 1146 South Pitt Street, Carlisle, Cumberland County, Pennsylvania. 3. Admitted that Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffiey A. Yentzer are the owners of real estate located at 100 Reasoner Lane, Newburg, Hopewell Township, Cumberland County, Pennsylvania. It is denied that they operate motocross races at that location. It is admitted that Dublin Gap Motocross, Inc. Operates motocross races at 100 Reasoner Lane, Newburg, Pennsylvania. 4. Admitted. 5. It is denied that Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer as individuals applied for any permits. It is admitted that Dubling Gap Motocross, Inc. applied for a permit as specified in Exhibit "C" of Plaintiff s complaint. 6. It is denied that Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer as individuals posted a website. It is admitted that Dublin Gap Motocross, Inc. has a website which contained the information alleged. 7. Admitted that Dublin Gap Motocross, Inc., operator of the events specified in Plaintiff s Complaint, never applied for or obtained permits for the dates alleged. 8. Denied. On the contrary after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of paragraph 8. 9. Denied to the extent that Defendant Rodney Yentzer did not suggest that he should be fined by the Township. 10. Denied in that Defendants were not direcing, permitting, allowing or encouraging patrons to park and camp on what Plaintiff refers to as the Wickard tract. 11. Admitted that a public gathering permit was not obtained for Friday, June 22, 2007 and that the threshold number of persons for a permit is 450 persons. Denied that the public gathering ordinance was violated. By way of further answer, Defendants have filed an Action for Declaratory Judgment disputing the validity of the Public Gathering Ordinance. 12. Denied in that Defendants were not in violation of Ordinance 79-2 Section 6 as amended. 13. Admitted that from time to time those who participate in motocross races sign certain forms as requested by Defendant Dublin Gap Motocross, Inc.. Denied that the execution of those forms allows Defendant Dublin Gap Motocross, Inc. to determine the number of persons on the premises. Denied that Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer as individuals obtain any such forms from persons specified hereinabove. 14. Denied that Defendants charge race participants for practice and that Defendants charge for overnight parking. 15. Admitted. 16. Denied that Defendants anticipate that the number of people gathered on the premises on the day before an event for which permits have been applied for and obtained would result in the need to apply for a Public Gathering Permit. 17. Denied that Defendants refuse to file an application for a public gathering permit for the reasons stated, to the contrary, Defendants do not file an application for a public gathering permit because they do not feel that one is necessary. 18. Defendants are unable to respond to the paragraph, which is not stated as an averment but appears to be a statement of Plaintiff's opinion. 19. Denied in that permits were not required for Friday, June 22, 2007 or Saturday, June 23, 2007 and no penalties are applicable; denied that the Ordinance specifies a civil penalty of $600 per violation. WHEREFORE, Defendants pray that this Court dismiss this action in its entirety. RESPECTFULLY SUBMITTED DUNCAN & HARTMAN, P.C. William A. Duncan, Esquire Attorney for Defendant 1 ~ j 5~ D~ 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 VERIFICATION The undersigned, having read the attached Answer, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to unsworn falsification to authorities. Rodney L. Yentzer II, Dublin Gap Motocross, Inc. Dated: C11~ ~~ ~ CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer to Complaint docketed to No. 07-5186 by depositing same in the United States Mail, first class, postage pre-paid, certified, return receipt requested on the 10th day of October, 2007, addressed as follows: Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 DUNCAN & HARTMAN, P.C. William A. Duncan, Esquire Attorney for Defendant 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 C'' ,--- ""'` c~ ~-i` C"" 3 '--' ('T2 m '~ C. :~ l { - ~~ . =~+~J ._ ~ ;~r-;-~ ~ - _,. N ~ ~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for JURY trial at the next term of civil court. X for trial without a jury. CAPTION OF CASE (entire caption must be stilted in full) Hopewell Twp. Board of Supervisors vs. (plaintiff) Rodney L. Yentzer,et al And Doublin Gap Motocrss,lnc. vs. (Defendant) (check one) X Civil Action -Law Appeal from azbitration (other) The trial list will be called on March 17, 2009 Trials commence on April 13, 2009 Pretrials will be held on March 25, 2009 (Briefs are due 5 days before pretrials No. 07-5186 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Sally J. Winder, Esquire Indicate trial counsel for other parties if known: William A. Duncan, Esq. This case is ready for trial. Date: 4 Signed: ~~~ Print Name: Sally .Winder Attorney for: Hopewell Township Board of Supervisors ~ ((~~ Z°~ F ~ ~ ~, ~ r O Q ~ O ~., +:: _ t,,~ =r~ :.: M~ a .b{ ~ ,,,Q HOPEWELL TOWNSHIP BOARD OF SUPERVISORS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RODNEY L. YENTZER, ET AL, DEFENDANTS 07-5186 CIVIL TERM ORDER OF COURT AND NOW, this _~~_day of March, 2009, a trial shall be conducted on the within case in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Wednesday, April 1, 2009. ~ Sally J. Winder, Esquire For Plaintiff '' William A. Duncan, Es uire q For Defendants :sal 3~J~r~7 -~~ ~~ yY~ ~~ Vr ~~ HOPEWELL TOWNSHIP BOARD IN THE COURT OF COMMON PLEAS OF OF SUPERVISORS, :CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. RODNEY L. YENTZER, ET AL, DEFENDANTS 07-5186 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of March, 2009, the trial scheduled to be conducted on April 1, 2009, IS CANCELLED.' ~ Sally J. Winder, Esquire For Plaintiff ./ William A. Duncan, Esquire For Defendants :sal Ca iES rn~~ P .3~/a~v5~ ~i~I 'The case is not at issue as there are outstanding preliminary objections. ~''. C- ~ ft {`~? Aj ~. , ~~ ~ A '? ~1.. tip ~~~ v Duncan & Hartman, P.C. William A. Duncan, Esquire I Irvine Row, Carlisle, Pennsylvania 17013 717.249.7780 717.249-7800 FAX Attorney ID 22080 AUG- 19 RODNEY L. YENTZER, CAROL M. YENTZER, JEFFREY A. YENTZER and RODNEY L. YENTZER II, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Plaintiffs VS. HOPEWELL TOWNSHIP, CUMBERLAND COUNTY, PENNA. Defendants HOPEWELL TOWNSHIP BOARD OF SUPERVISORS Plaintiff VS. RODNEY L. YENTZER, II RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3721 : CIVIL ACTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5186 CIVIL TERM NO. 07-5187 CIVIL TERM CIVIL ACTION RULE TO SHOW CAUSE AND NOW, this day of August, 2010, upon consideration of the foregoing Petition For a Rule to Show Cause Why an Order Granting Consolidation Should Not Issue, it is hereby Ordered and Decreed as follows: 1. A Rule is issued upon the Hopewell Township Board of Supervisors to show cause why the Petitioner is not entitled to the relief requested as set forth in the attached Order of Court. 2. The Respondent shall answer the Petition within 20 days of service by regular mail. 3. Notice of entry of this Order shall be provided to all parties. By the Court 3. l_.07lEs enat L?cc I t ; RODNEY L. YENTZER, CAROL M.: IN THE COURT OF COMMON PLEAS OF YENTZER, JEFFREY A. ~ENTZ~R : CUMBERLAND COUNTY, PENNA. died Rtli~-NE~ L. YEl•1'I'7~t II, t/d/b/a ~C?UBLIN GAP : N0.07-3721 CIVIL TERM MOTOCROSS, INC., Plaintiffs vs. HOPEWELL TOWNSHIP, CUMBERLAND COUNTY, PENNA, Defendant ~=' ~~ CIVIL ACTION 0 cn r*~ -~ i -~ w ~- HOPEWELL TOWNSHIP BOARD OF : IN THE COURT OF COMMOM SUPERVISORS :PLEAS OF CUMBERLAND :COUNTY, PENNSYLVANIA Plaintiff v. No~5186, CIVIL. TERM No. 07-5187 CIVIL TERM RODNEY L. YENTZER, II, RODNEY L. YENTZER, CAROL M. YENTZER AND :CIVIL ACTION - LAW JEFFREY A. YENTZER, individually And t/d/b/a DOUBLIN GAP MOTOCROSS, INC. :APPEAL FROM DISTRICT JUSTICE ANSWER TO PETITION TO CONSOLIDATE COMES, NOW Hopewell Township Board of Supervisors, by and through their solicitor, Sally J. Winder, Esquire and does file the following Answer to Petitioners' Petition for Consolidation: 1. Admitted. `rte 2. Admitted. By way of further response, it is noted that Petitioners subsequently requested Judge Bayley modify his Order so that Petitioners would be in a position to file an Appeal to Commonwealth Court. Judge Bayley modified his Order but not his decision as filed, a copy of which is mazked Exhibit "A" attached hereto, and Petitioners filed an appeal with Commonwealth Court. Commonwealth Court subsequently ruled against Petitioners upholding Judge Bayley's opinion that the Township Ordinance is valid. 3. Admitted in part and denied in part. Interrogatories and Request for Peoduction of Documents were served upon Hopewell Township. Answers to Interrogatories have been served and Documents have been produced. In response to several requests objections were filed. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied as stated. Defendant Rodney Yentzer, II and Jeffrey Yentzer were deposed which depositions took plaice on two different d~~es due to Rodney Yentzer, II's schedule. 8. Admitted. 9. Denied. The action filed to No. 07-5186 arises out of a violation of the Public Gathering Ordinance, as amended. The action filed to No. 07-5187 arises out of a violation of the Hopewell Township Zoning Ordinance. 10. Denied. On the contrary, evidence and proof required for the Zoning Ordinance violation is not the same as is required for proof of the Public Gathering Ordinance violation. 11. Denied. On the contrary, Hopewell Township believes and therefore avers that the validity of the Township Ordinance 79-2, as amended, the Public Gathering Ordinance has already been determined by this Court and the opinion of this Court fording the Ordinance valid has been upheld by the Commonwealth Court. Therefore, the interest of judicial economy in this matter would dictate that the Township cases docketed to Nos. 07-5186 and 07-5187 proceed separately from the case docketed to No. 07-3721.. WHEREFORE, this Honorable Court should enter an Order denying Plaintiff Yentzers' Petition thus allowing Hopewell Township to proceed with cases Nos. 07-5186 and 07-5187. Respectfully, submitted, ~~" ~ Sally J. finder Attorney for Hopewell Township Court ID 24507 P.O. Box 341 Newville, PA 17241 VERIFICATION I verify that the statements made in this pleading are true and correct to the best of my knowledge, information, and belief and that as an elected member of the Board of Supervisors of Hopewell Township, I am authorized.. to execute this verification. These statements are made either upon personal knowledge or upon information received in the conduct of my position as Supervisor. This statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsifications to authorities, which provides that if I make knowingly false statements I may be subject to criminal penalties. Date: 1 ~ ~ Curtis W. My rs S RODNEY L. YENTZER, CAROL M. YENTZER, JEFFREY A. YENTZER and RODNEY L. YENTZER II, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Plaintiffs vs. HOPEWELL TOWNSHIP, CUMBERLAND COUNTY, PENNA. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3721 CIVIL ACTION HOPEWELL TOWNSHIP BOARD : IN THE COURT OF COMMON PLEAS OF OF SUPERVISORS : CUMBERLAND COUNTY, PENNSYLVANI A Plaintiff : NO. 07-5186 CIVIL TERM L? C:) c? NO. 07-5187 CIVIL TERM vs. -?? rrF ;j =-n i =- ? rr r RODNEY L. YENTZER, II : CIVIL ACTION -` ? ? CD RODNEY L. YENTZER CAROL M. YENTZER AND JEFFREY A. ? - a c , r'' YENTZER, t/d/b/a DOUBLIN GAP --; MOTOCROSS, INC. Defendants ORDER ?pIC AND NOW thisday of , 2.916, after due consideration of the Motion of Rodney L. Yentzer, II, Rodney L. Yentzer, Carol M. Yentzer and Jeffrey A. Yentzer, t/d/b/a Doublin Gap Motocross, Inc. filed by William A. Duncan, Esquire to consolidate the above-captioned actions into one proceeding, the Court hereby ORDERS that a hearing on the matter be set for the v ,t day of 2011 in Courtroom 5 at t 13 D o'clock J.m. J. William A. bone,",el? ?? ip if a? ?gb HOPEWELL TOWNSHIP BOARD, OF SUPERVISORS, . Plaintiff v. . RODNEY L. YENTZER, II, RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER, t/d/b/a DOUBLIN GAP MOTOCROSS, INC., . Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007-5186 CIVIL TERM IN RE: MOTION TO STRIKE FROM ARGUMENT LIST ORDER OF COURT AND NOW, this 15th day of November, 2012, upon consideration of the Motion to Strike from Argument List filed by Defendants, and without objection on the part of the Plaintiff, the argument currently scheduled on this matter for December 15, 2012, is hereby cancelled and it is reset for argument on April 5, 2013, at 9:30 a.m. By the Court, Christy e L. Peck, J. .ally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 For the Plaintiff ,/William A. Duncan, 1 Irvine Row Carlisle, PA 17013 For the Defendants pcb Esquire \l/'/~_~. V c~ ~~ r*z ~ Z ~ =~~ cn ~` ~ ~, ~~ ~' c', ~- c_. --; c~ pc tv -.~ cn _~_: ~~ ._~; r;_: c: ---e _c% 'Y.l' r' ;'.~~- HOPEWELL TOWNSHIP BOARD IN THE COURT OF COMMON PLEAS OF OF SUPERVISORS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff n C-- VS. NO. 2007-5186 CIVIL TERM C: C= -- RODNEY L. YENTZER, II, CIVIL ACTION cf.6A r- > RODNEY L. YENTZER, CAROL M. -< R; YENTZER AND JEFFREY A. YENTZER,t/d/b/a DOUBLIN GAP =6 MOTOCROSS, INC. 5:C-- Defendants APPEAL FROM DISTRICT JUSTIC 9 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Defendant's Brief in Support of Preliminary Objections by sending via first class,prepaid U.S. Mail on the_-k? of March, 2013, addressed as follows: Sally J. Winder P.O. Box 341 Newville, PA 17241 DUNCAN&HARTMAN, P.C. *'illiam A. Duncan, Esquire Attorney for Plaintiff I Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 Trrx,Y\ HOPEWELL TOWNSHIP : IN THE COURT OF COMMON PLEAS BOARD OF SUPERVISORS, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 07-5186, CIVIL TERM V. -r z Zp �,, rTzr= RODNEY L. YENTZER,Il r try RODNEY L. YENTZER,CAROL M. -<> � CD ' YENTZER AND CIVIL ACTION—LAW JEFFREY A.YENTZER, individually and t/a/d/b/a DOUBLIN GAP MOTOCROSS, INC. Defendants APPEAL FROM DISTRICT JUSTICE HOPEWELL TOWNSHIP : IN THE COURT OF COMMON PLEAS BOARD OF SUPERVISORS, :CUMBERLAND COUNTY, PENNSYLVANIA -'f Plaintiff : No. 07-5187, CIVIL TERM V. RODNEY L. YENTZER,R RODNEY L. YENTZER,CAROL M. YENTZER AND : CIVIL ACTION—LAW JEFFREY A. YENTZER, individually and t/a/d/b/a DOUBLIN GAP MOTOCROSS, INC. Defendants : APPEAL FROM DISTRICT JUSTICE Pursuant to Notice the Deposition of RODNEY L.YENTZER,II, was taken on Thursday,July 22, 2010, scheduled for 9:00 am., at the Hopewell Township Building, 415 Three Square Hollow Road, Newburg,Pennsylvania, before Cheryl Farrier Donovan, Registered Professional Reporter and Notary Public ' OF,lal `L FARMER DONOVAN � \ Registered Pmfiessional Court Reporter \ 4 a 305 Builshead Road Nemille, PA 17241 ' - Phone (717) 776.3515 ' Courtmom&free-lance Raporting o E.Werienc a Since 1975 .�f t , APPEARANCES: SALLY J. WINDER,Esquire Solicitor for Hopewell Township Board of Supervisors P.O. Box 341 Newville,Pennsylvania 17241 FOR- PIaintiff-Hopewell Township Board Of Supervisors DUNCAN&HARTMAN,P.C. William A Duncan,Esquire One Irvine Row Carlisle,Pennsylvania 17013 FOR- Defendants-Rodney L. Yentzer, R Rodney L. Yentzer, Carol M. Yentzer and Jeffrey A. Yentzer, individually and tld/bla Doublin Gap Motocross, Inc. t 1 CONTENTS 2 3 WITNESS DIRECT EXAMINATION 4 Rodney L. Yentzer, II 4 5 6 7 8 9 10 11 EXHIBITS 12 r 13 NiTM__ BER FOR IDENTIFI ATION 14 Plaintiff's IS No. I - 17 16 6/4/07 Public Gathering Permit Application & Permit No. 07-02 17 No. 2 - 18 18 5/14/07 Public Gathering Permit Application 19 No. 3 - 24 20 Complaint 21 No. 4 - 24 22 Answer to Complaint 23 24 25 3 ' 1 (Convened at 9:13 a.m.) 2 3 STIPULATION 4 (It was stipulated by counsel that they waive the 5 reading, signing and sealing of the transcribed testimony by the 6 witness, and the filing of the original with the Court.) 7 8 PROCEEDINGS 9 Whereupon, 10 RODNEY L. YENTZER, II 11 having been first duly sworn, according to law, testified as follows: 12 DIRECT EXAMINATION 13 BY MS. WINDER: 14 Q. Mr. Yentzer, my name is Sally Winder. I'm the 15 Solicitor for the Board of Supervisors of Hopewell Township. 16 We're here today to take your deposition today with 17 respect to two cases that are filed in Cumberland County, Hopewell 18 Township Board of Supervisors versus Rodney L. Yentzer, II, 19 et al., No. 07-5186, an appeal from District Justice Civil Complaint, 20 which has to do with a public gathering ordinance violation 21 alleged on the dates of June 22 and 23, 2007, and also a case, 22 Hopewell Township Board of Supervisors versus Rodney L. Yentzer, 23 II, et al., No. 07-5187, another appeal from District Justice wherein 24 there was an allegation that there is a zoning violation existing 25 on the property again with respect to the dates of June 22 and 23, 4 1 200 7. 2 I'm going to be asking you questions concerning these 3 matters, and I will need you to respond verbally so that a record can 4 be made. Do you understand? $ A Yes. 6 Q. And have you ever done depositions previously? 7 A No. 8 Q. Then the way that we'll proceed is, I will ask you 9 questions and ask for your responses. If your counsel interrupts 10 with an objection, that will be done on the record, and then you 11 will be asked to answer because the objections are not -- are noted 12 on the record, and they're not decided until the time of trial. So 13 you're directed to answer even though the objection is on the record. 14 Do you understand? 15 MR. DUNCAN: We're not going to subscribe to that 16 procedure. Some of the questions that we think that you will ask 17 will be for private business proprietary information, which if you 18 can get a court order that we have to give that information, we'll 19 give it. But, the theory that he's going to answer a question, which 20 is objectionable, and give that information, we think is fraud. So 21 you will not be getting answers to some of your questions. If you 22 can get a court to order a compulsion to answer those questions, 23 he'll subscribe to a court order by a judge. 24 MS. WINDER: We'll address the objections as 25 we proceed. 5 f I FYentzer? DUNCAN: Correct. 2 MS. WINDER: 3 ou understand how we're going to proceed, Mr. 4 5 A Yes. 6 Q And your counsel has agreed that he will waive the 7 reading and signing of the deposition. Do you understand that? 8 A Yes. 9 Q If you wish to consult with counsel before answering a 10 question you're permitted to do that. All you need to do is let me 11 know that you wish to do that. Is that agreeable? 12 A Yes. 13 Q Do you have any questions about how we're going to 14 proceed? 15 A No. 16 Q Mr. Yentzer, for the record. would you state your full 17 name and your present address? 18 A My personal address or my business address? 19 Q Both. 20 A Rodney L. Yentzer, 1I, and my personal address 21 is 243 York Road, Carlisle, Pennsylvania 17013. The business 22 address is 1146 South Pitt Street, Carlisle, Pennsylvania 17013. 23 Q And, Mr. Yentzer, how old are you? 24 A 40. 25 Q And what is your occupation? 6 1 A Entrepreneur. 2 Q And what do you do as an entrepreneur? 3 A I have five different companies. 4 Q And those companies are -- 5 MR. DUNCAN: We're going to object to that question. 6 The nature of the alleged offense is a violation of the public 7 gathering ordinance. We don't see the relevance of what companies 8 he's associated with except for the relevance of the Motocross that 9 is at issue. 10 BY MS. WINDER: 11 Q Mr. Yentzer, is one of the companies you're saying you 12 are an entrepreneur of or for the Motocross? 13 A Correct. 14 Q Can you tell me what that Motocross is? 15 A It's a motocross racing facility. 16 Q What kind of company is it? 17 A It's an S corp. 18 Q And when was that S corporation formed? 19 A 1995ish. 20 Q So you're saying around 1995? 21 A Yes. 22 Q It could be either -- 23 A I can't remember. I know it was that year. 24 Q It was definitely in '95? 25 A The S corp. was started in 1995, yes. 7 1 Q And who were the original organizers of the S corp.? 2 A My brother and myself. 3 Q And your brother's name? 4 A Jeff Yentzer. 5 Q And are there presently shareholders of that 6 corporation? 7 A Jeff and I. 8 Q And in May and June of 2007 who were the 9 shareholders? 10 A I think Jeff and 1. 11 Q Do you have any corporate records that would show 12 that? 13 A Not with me. 14 Q But do you have such records? 15 A Somewhere. 16 Q Would you have corporate records at your residenc < 17 243 York Road in Carlisle? 18 A No. 19 Q Would you have such corporate records at your business 20 address at 1146 South Pitt Street in Carlisle? 21 A They would either be there or at my attorney's office. 22 Q And which attorney would that be? 23 A William Duncan. 24 Q And what records do you believe exist? 25 A S corporation documents. 8 1 Q Well, what documents specifically? 2 A I don't know. I'm not an accountant or an attorney. 3 Q In 1995, when the S Corp. was formed, were there 4 officers elected? 5 A I would assume so. 6 Q Do you recall meeting for the purpose of electing 7 officers? 8 A I don't. It's too long ago. 9 Q When was the last time there was a meeting of the 10 corporate officers? 11 MR. DUNCAN: We'll object to that question. 12 MS. WINDER: And on what basis? 13 MR. DUNCAN: It's irrelevant. 14 BY MS. WINDER: 15 Q Mr. Yentzer, did the corporation meet in 2007? 16 MR. DUNCAN: We'll object to that question too. 17 That's irrelevant. 18 MS. WINDER: It's not irrelevant as to the operation. 19 MR. DUNCAN: Whether or not they had a meeting 20 has nothing to do with violation of the public gathering ordinance. 21 If you can get the court to compel an answer to that question, then 22 you can convince the court it's relevant. 23 BY MS. WINDER: 24 Q Mr. Yentzer, I'm asking you to answer the question 25 whether or not there was a corporate meeting in 2007- 9 I MR. DUNCAN: And the witness is not going to answer 2 that question by virtue of the objection- 3 BY MS_ WINDER: 4 Q Mr. Yentzer, in 2007 were you and your brother 5 operating the Motocross? 6 A Yes. 7 Q And in what manner were you operating the 8 Motocross? 9 A I don't understand. 10 Q What did you do to operate the Motocross in 2007? 11 A I still don't understand what you're asking me. 12 Q Well, let me back up and ask you whether or not you 13 had anything to do with organizing events for 2007 at the 14 Motocross? 15 A Yes. 16 Q And what did you do? 17 A You want all the list of everything I do for the 18 Motocross track? 19 Q Yes. And specifically with respect to 2007. 20 A Well, I don't know exactly what I did in 2007, but 21 my normal duties for the Motocross are: I take care of advertising. 22 I take care of promotion. I take care of helping make sure the 23 races get run on a timely manner. I take care of helping make 24 sure the dust -- there's no dust or -- I help grade the track. I 25 help water the track. I help pick up trash. I help run the starting 10 I gate. I don't know what else. I mean that's all I can think of right 2 now. 3 Q Okay. Did you say you create the track or grade the 4 track, I'm not sure which word? 5 A Grade the track. 6 Q Grade, is that the word you use? 7 A We disc it so we can get water into it. 8 Q And when do you do that? 9 A Before the races, during the races. 10 Q And when you say that you do the advertising, what 11 kind of advertising did you do in 2007? 12 A I have no clue. 13 Q Do you have records of what advertising you did in 14 2007? 15 A I don't know. 16 Q. And why do you not know that? 17 A Because it was three years ago. I'm working on 2011 18 right now. 19 Q Do you know whether or not you keep any business 20 records that would show what your advertising budget was? 21 MR. DUNCAN: We'll object to that question. It's a 22 private business and that's proprietary business information. 23 MS. WINDER: i only asked if he had a record of what 24 advertising he did. I didn't ask for the record. I asked if he had 25 the record. 11 • I MR. DUNCAN: What's the relevance of his 2 advertising as to an alleged violation of a public gathering 3 ordinance? 4 MS. WINDER: He's advertising -- 5 MR. DUNCAN: We'll not answer that question. 6 MS. WINDER: -- for a public gathering. And it's not 7 counsel's decision as to what is relevant or irrelevant in this case. 8 We're here to take the deposition and determine whether or not 9 records are available, which are relevant to your Answer and your 10 Preliminary Objections that you made in this case, so we need the 11 information on the record. 12 MR. DUNCAN: Again, justify why the existence or 13 non-existence of records as to advertising have anything to do with 14 an alleged violation of the public gathering ordinance. What is the 15 relevance? 16 MS. WINDER: The relevance is the public gathering 17 permit and the exact violation that this litigation arises out of 18 MR. DUNCAN: Again, if you can get the court to 19 compel an answer to that question, he'll obey a court order. 20 BY MS. WINDER: 21 Q Mr. Yentzer, as part of your job in 2007 for organizing 22 Motocross and promoting, did you have any connection with 23 creating or presenting information on a website? 24 A No. 25 Q Can you tell me who did the website? 12 1 A I don't know. I can tell you who does it now, but he 2 didn't do it then. 3 Q Were you in any way connected with telling that 4 person what events would be listed on a schedule on the website? 5 A I don't know. 6 Q How would you be able to determine whether or not you 7 did? 8 A I don't remember. 9 Q Where would that information have come from if it 10 didn't come from you? 11 A I don't know. You're asking me stuff from three 12 years ago. I mean so many things have changed since then that -- 13 Q But you and your brother were running the Motocross 14 business in 2007, is that correct? 15 A Correct. 16 Q Was anybody else involved with running that business? 17 A With running it, no. 18 Q Now, when you say that you made sure that the race 19 was run on a timely manner, how would you do that? 20 A By having the next race take off when the first one -- 21 when the one previous finishes. 22 Q Okay. So where does that put you during the time that 23 racing is taking place? 24 A All over the track. 25 Q And specifically with respect to June 22nd and 23rd 13 I of 2007, do you recall that weekend? 2 A Vaguely. 3 Q And what do you recall about that weekend? 4 A I recall seeing you. 5 Q Do you recall the name of the race or the promoter of 6 the race? 7 A Well, I'm the promoter. 8 Q Okay. And how did you list or identify that race? 9 A I think it was Loretta Lynn's Youth Regional. 10 Q And what would that denote? 11 A I don't understand. 12 Q How is Loretta Lynn associated with that? 13 A It's a series. 14 Q A series of what? 15 A A series of races that come to different tracks. 16 Q And what kind of racing would this be? 17 A Motocross. 18 Q With motorcycles only? 19 A Correct. 20 Q And what size motorcycles? 21 A 50cc to 250cc. 22 Q And does that also generally follow a physical size of 23 the bike? 24 A That is the physical size of the bike. 50cc is the 25 small, 250cc is the larger. 14 • I Q Okay. And what would that mean with respect to the 2 persons who were riding or racing on those bikes? 3 A Are you looking for ages or what? I don't understand. 4 Q Well, describe to me who you would expect the riders to 5 be on the smallest to the largest bike? 6 A Anyone from a 4 year old to a 50 year old. 7 Q And generally then would you expect the smaller kids to 8 be riding on the smaller bikes? 9 A Yes. 10 Q Do you sometimes have adults riding in the smaller size 11 classes or is it limited by age? 12 A I don't know what you're asking. 13 Q Are there specific youth classified races -- 14 A Yes. 15 Q -- versus adult races? 16 A No. There are youth classes and there are adult 17 classes. 18 Q And in the youth classes, for example, what ages of 19 youth are qualified to ride? 20 A 4 to 16, 4 years old to 16. 21 Q And in adult classes? 22 A 16 to 50. 23 Q So if you're over 50 are you not permitted to race? 24 A No, there's an over 50 class. 25 Q And on this weekend of June 22, 23 of 2007, do you 15 I recall how many youth classes there were scheduled? 2 A No. 3 Q Do you have a record that would show how many were 4 scheduled? 5 A Probably not. 6 Q Do you know how many adult classes were scheduled 7 for that weekend? 8 A No. 9 Q Do you know where you were on June 22"d, 2007? 10 A At the track. 11 Q And from what time to what time? 12 A No clue. 13 Q Did you stay overnight at the track on June 22nd? 14 A No. 15 Q So do you have an idea what time you left the track on 16 the 22 nd. 17 A No clue. 18 Q And on June 23rd were you at the track? 19 A Yes. 20 Q Were you there all day? 21 A Yes. 22 Q Do you know what time you arrived? 23 A No. 24 Q Prior to June 22nd, 2007, do you recall filing an 25 application for a public gathering permit with the township? 16 I A I don't recall but I'm sure we did. 2 (Whereupon, the document was marked 3 as Plaintiff's Exhibit 1 for identification.) 4 BY MS. WINDER: 5 Q Mr. Yentzer, I'm going to show you what has been 6 marked for identification purposes as Plaintiff's Exhibit 1. 7 MR. DUNCAN: Could I see that, please? 8 (Plaintiff's Exhibit I shown to Counsel Duncan.) 9 BY MS. WINDER: 10 Q Mr. Yentzer, can you tell me what Plaintiff's Exhibit 1 11 is? 12 A It's a public gathering -- it says permit but I think it's 13 supposed to say application. And then the second page is a public 14 gathering permit. 15 Q And do you see at the top of the first page, of what's 16 been marked for identification as Plaintiff's Exhibit 1, the date of 17 application? 18 A June 4tb. 19 Q 2007? 20 A Yes. 21 Q And do you see at the bottom that there's a line for 22 signature of applicant? 23 A Yes. 24 Q Can you tell me what's written on there? 25 A Doublin Gap MX Park. 17 • I Q And is there a signature following that? 2 A Looks like maybe some initials. 3 Q Are those your initials? 4 A Could be but I'm not sure. 5 Q Who else's initials could they be? 6 A I don't know. 7 Q And do you recall whether or not you filled out this 8 application? 9 A No clue. 10 Q Well, look at the handwriting, is that your writing? 11 A I have no idea. 12 Q You have no idea what your handwriting looks like? 13 A I have no idea if I did that or not. 14 (Whereupon, the document was marked 15 as Plaintiffs Exhibit 2 for identification.) 16 (Plaintiff's Exhibit 2 shown to Counsel Duncan.) 17 BY MS. WINDER: 18 Q I'm going to show you, Mr. Yentzer, a document that 19 I've had marked as Plaintiff's Exhibit 2 for identification. Do you 20 recognize that? 21 A Yeah, looks like the same thing, public gathering permit 22 application. 23 Q And what is the date on that public gathering permit 24 application? 25 A 5/14/07. 18 • I Q And looking at the signature on the bottom, what 2 signature appears? 3 A Same one. It says Doublin Gap Motocross Park and 4 some initials, it looks like. 5 Q Is there a signature underneath that? 6 A There is down below. There is a signature underneath 7 it but I don't know what it says. And then there's handwriting 8 below that says Jeff Yentzer, 5/22/07, but it's not the same 9 handwriting as the other -- as the permit -- or as the application. 10 Q Now, looking at Plaintiff's Exhibit 1 and Plaintiff's 11 Exhibit 2, as they've been marked for identification purposes. 12 On Plaintiff's Exhibit 2, the second signature that you referred 13 to does not appear to be the same handwriting as the first 14 signature? 15 A I have no idea. 16 Q Does it? 17 A I don't know. 18 Q Mr. Yentzer, looking at Plaintiff's Exhibit 1 and 19 Plaintiff's Exhibit 2, and looking at the specific portion of the 20 application that speaks in terms of number of chemical toilets and 21 has some other wording. Do you see that? 22 A Yes. 23 Q And on both Plaintiff's Exhibit 1 and Plaintiff's Exhibit 24 2, do you see an 8 with a circle around it? 25 A Yes. 19 I Q Can you tell me what that means? 2 A My assumption is that there's 8 Chamberlin toilets 3 there. 4 Q And in May and June of 2007 do you recall that that 5 would be approximately the number at the Motocross? 6 A Don't remember. 7 Q Do you recall what day of the week the event listed on 8 Plaintiff's Exhibit 1, June 24;h, 2007 was? 9 A Do I recall what? 10 Q Do you recall what day of the week June 24h, 2007 11 was? 12 A No clue. 13 Q But you do recall this weekend of June 22nd, 23 rd? 14 A Yes. 15 Q And you recall that it was the Loretta Lynn Youth 16 Series Race? 17 A Yes. 18 Q And I think you said it was a regional series? 19 A Yes. 20 Q What does that denote as being a regional series? 21 A I don't know what you mean by what you're asking 22 me. 23 Q What kind of event would be a regional race? 24 A It would be a race that there's only one in a certain 25 region. 20 • 1 Q And what would be the region? 2 A Northeast.F 3 Q And what area would be covered by the northeast as a 4 region for those races? 5 A I don't know what the breakdown -- I don't know how 6 they determine that. 7 Q Do you know what states are involved in the northeast 8 region? 9 A No. 10 Q Do you know that it's more than one? 11 A Yes. 12 Q Do you know if it's more than two? 13 A Probably. 14 Q And who makes that determination of what constitutes 15 the regions? 16 A I don't know. 17 Q Do you make that determination? 18 A No. 19 Q is it through an organization? 20 A It's through the AMA. 21 Q And the AMA is what? 22 A American Motorcycle Association. 23 Q. And does the American Motorcycle Association sanction 24 or promote these regional races? 25 A They sanction them. 21 • I Q And what does that mean for them to sanction the 2 race? 3 A Honestly I don't know. It means -- I don't know. 4 Q Do you have to be a member of the American 5 Motorcycle Association to run a sanctioned race? 6 A No. 7 Q What do you need to do as Doublin Gap Motocross to be 8 able to have a sanctioned race at your track, if anything? 9 A I don't know. 10 Q How was it determined that the Loretta Lynn Youth 11 Regional Race would be held at Doublin Gap Motocr ss on June 22, 12 23 and 24? 13 A We apply and they pick. 14 Q So you apply to whom? 15 A The AMA. 16 Q And how much ahead of the race date do ou need to 17 apply? 18 A I'm not sure. 19 Q Is it a matter of months? 20 A Oh, yes. 21 Q Is it a matter of years? 22 A No. 23 Q In order to schedule the race for Doublin Gap 24 Motocross for June of 2007, would it have been likel that you 25 filed your application at the beginning of the calendar year of 22 1 2007? 2 A I would think so. 3 Q And what information is asked for in that application? 4 A No clue. 5 Q Have you, in the Year 2010, filed any applications 6 with the AMA for scheduling events at Doublin Gap Motocross? 7 MR. DUNCAN: We'll object to that question. My 8 witness has been here answering questions about everything except 9 for the nature of the summary citation, a summary offense related 10 to violation of an ordinance. If you're going to ask questions about 11 the nature of the violation, he's here intending to answer. If you're 12 going to ask questions about his business and about things that 13 happened three years later, we're going to object, and we're going 14 to ask that you get to the point. 15 MS. WINDER: The point, Mr. Duncan, is to test his 16 memory and his knowledge. 17 BY MS. WINDER: 18 Q So, Mr. Yentzer, do you have business records of the 19 applications for races that you have filed on behalf of Doublin Gap 20 Motocross? 21 MR. DUNCAN: We'll object to that too. The matter 22 at hand is violation of the public gathering ordinance and if 23 the court -- if you petition the court to get answers to these 24 questions, the court will make a ruling. We will object to those 25 questions. 23 I BY MS. WINDER: 2 Q Mr. Yentzer, I'll show you -- 3 {Whereupon, the documents were marked as 4 Plaintiffs Exhibits 3 and 4 for identification.) 5 (Plaintiff's Exhibits 3 and 4 were 6 shown to Counsel Duncan.) 7 MR. DUNCAN: This appears to be a Court Pleading 8 filed by Hopewell Township Board of Supervisors, is that correct, 9 a Complaint? Is that what this is? 10 MS. WINDER: Mr. Duncan, I believe you're referring 11 to Plaintiff's Exhibit No. 3, and I would represent to you that 12 Plaintiff's Exhibit 3 is a clocked-in copy of the Complaint filed to 13 No. 07-5186. 14 MR. DUNCAN: And that contains the allegations of the 15 plaintiff? 16 MS. WINDER: Yes, it does. Plaintiff's Exhibit 4 is 17 your Answer. 18 MR. DUNCAN: Thank you. 19 BY MS. WINDER: 20 Q Mr. Yentzer, I'm going to show you what has been 21 marked for identification as Plaintiffs Exhibit 3, the Complaint 22 filed by Hopewell Township Board of Supervisors against you, your 23 brother, and your parents, and Doublin Gap Motocross. Have you 24 ever seen a copy of that Complaint? 25 A Probably. 24 • 1 Q And when would you have seen that? 2 A I have no clue. I mean I'm sure prior to the hearing. 3 Q Prior to what hearing? 4 A The hearing we had at Justice Bender's office. 5 Q Did you ever review that Complaint with counsel? 6 A I'm sure I did. 7 Q Do you recall when that was? 8 A No clue. 9 Q Okay. And the second page of the Complaint, 10 Paragraph 6, do you see that? 11 A Yes. 12 Q Can you read that? 13 A Also scheduled on Defendants' website is June 14 22nd, 2007, "Friday June 22nd, 2007— Practice Day 10:00 a.m. to 15 4:00 p.m. 16 Q Do you recall anything about a practice day on June 17 22nd, 2007? 18 A Like what? I mean I recall having it. 19 Q Okay. So you do recall that that happened? 20 A Yes. 21 Q And what do you recall about that practice day? 22 A I don't know. 23 Q Do you recall being at the track? 24 A Yeah. 25 Q What were you doing at the track? 25 • I A All the things I told you I do every time we have an 2 event. 3 Q Okay. So June 2rd, 2007, was an event? 4 A It was a practice day. 5 Q So on the practice day you also race? 6 A No. 7 Q Okay. So you didn't do all the things that you told me 8 you do for an event? 9 A Well, yeah, I do because practice day basically runs the 10 same process, it's just practice. 11 Q So you're running races on that day also? 12 A No. 13 Q What are you doing then? 14 A They practice. 15 Q And what are we practicing? 16 A Motocross. 17 Q And how do they do that? 18 A They ride around the track. 19 Q And would they ride the entire track? 20 A Yes. 21 Q Okay. And who are they that you're referring to? 22 A The riders. 23 Q How many riders were there on June 22ad? 24 A I have no clue. 25 Q You can't estimate? 26 I A It was three years ago. I have no idea. 2 Q Do you have any records that would show how many 3 people were riding at the Motocross on June 22'a, 2007? 4 A On what day, June 22'a? 5 Q Yes, June 22'a 6 A No. 7 Q Do you recall whether or not there were other people 8 besides the riders at the Motocross site on June 22'a, 2007? 9 A I don't recall that, but that's an assumption there are. 10 Q And why would you assume that there are? 11 A Because most people come with at least one other 12 person. 13 Q Okay. So you're saying that, those people you're 14 referring to in your answer, are they riders? IS A Riders, yes. 16 Q So there's usually, you're saying, at least one other 17 person with a rider? 18 A They could come by themselves but lots -- sometimes 19 they bring other people. 20 Q Okay. And so would you expect that this event was a 21 family event? 22 A I don't -- I don't know. I don't know if that's a 23 terminology I'd use_ 24 Q What terminology would you use to describe it? 25 A Motocross event. 27 I Q And what does Motocross event include? 2 A Racing motocross. 3 Q Does it include anything else? 4 A Not that I'm aware of 5 Q Do you sometimes have vendors on site? 6 A Yes. 7 Q And what are those vendors doing? 8 A Selling motocross stuff. 9 Q What is included in motocross stuff? 10 A Tires, goggles, tear-offs. I don't know what -- I don't 11 know all the things they sell but -- 12 Q Do you recall that there were vendors on the site on 13 June 22nd, 2007? 14 A I have no clue. 15 Q You don't recall? 16 A I don't know. 17 Q Okay. I'll ask you to look at Paragraph 5 of Plaintiff's 18 Exhibit 3, and ask you to read that paragraph. 19 A Pursuant to Ordinance 79-2, Defendants did apply for, 20 and were issued a Public Gathering Permit for June 24, 2007, in 21 conjunction with the motocross activity scheduled at 100 Reasner 22 Lane, Hopewell Township, for that day as listed on their website 23 "LL Youth Regional." A copy of said Public Gathering Permit is 24 attached hereto, marked Exhibit "C" and incorporated herein by 25 reference. 28 ' I Q Okay. So your reading of that, and in conjunction with 2 your other testimony, do you recall that a public gathering permit 3 was applied for and anticipated to be needed in conjunction with 4 June 24, 2007? 5 A I recall you showed me a copy of it, so yes. 6 Q Okay. And so you do recall that permit? 7 A I don't recall the permit prior to today. 8 Q Okay. Do you recall that you were aware, in June of 9 2007, that there was a township ordinance that required public 10 gathering permits? 11 A Yes. 12 Q And do you recall, in June of 2007, the requirements for 13 a public gathering permit? 14 A I don't know. I don't know what you're asking me. 15 Q Let me ask you this specifically. 16 A Okay. 17 Q Do you recall anticipating the number of people to be at 18 a public gathering as being something that you needed to know in 19 order to know whether or not you needed to apply for a public 20 gathering permit? 21 A I apply for a public gathering permit because over the 22 years we -- even though we don't agree with the permit or the 23 number of people -- we try to follow the Hopewell Township rules 24 and we apply for a permit. 25 Q And when do you apply for a permit? 29 I A Whatever your guidelines are. 2 Q What's your understanding of what you needed to do in 3 June of 2007 to follow the rules then? 4 A I don't know, because its changed since then, and I'm 5 only aware of today's. 6 Q And could you read Paragraph 7 of Plaintiff's 7 Exhibit 3? 8 A Defendant never applied for, and never obtained, a 9 Public Gathering Permit for Thursday, June 21, 2007, Friday, June 10 22, 2007, or Saturday, June 23, 2007. 11 Q And I'll show you what has been marked as Plaintiff's 12 Exhibit 4. Do you recognize that document? 13 A I don't know that I recognize it, but I can read it. 14 Q Okay. We've identified it as the Answer filed in this 15 matter. 16 A Okay. 17 Q You don't have any reason to dispute that, do you? 18 A I'd have to sit here and read it. (Witness perused 19 document.) No, I don't dispute it. 20 Q Okay. Now in the Answer, in Paragraph 7, would you 21 read what it says? 22 A Admitted that Doublin Gap Motocross, Inc., operator 23 of the events specified in-Plaintiff's Complaint, never applied for or 24 obtained permits for dates alleged. 25 Q Okay. And the dates alleged in Paragraph 7 of the 30 ' I Complaint, which is Plaintiff's Exhibit 3, says that you never 2 applied for or obtained permits for Thursday, June 21, Friday, June 3 22, or Saturday, June 23, is that correct? 4 A I guess so. 5 Q That's just what you read a few minutes ago. 6 A I said I'm agreeing to that. 7 Q You don't agree? 8 A I agree to this exhibit -- 9 Q 4? 10 A 4. 11 Q Do you recall being at the Motocross on June 21st, 12 2007? 13 A I don't know what day that would have been. 14 Q Well, if you look at Paragraph 7 of the Complaint it 15 stated that that was Thursday. Would you have any reason to 16 dispute that? 17 A No, but I don't know that I recall being -- I mean I'm 18 sure I was there, but I don't recall anything about it. 19 Q And why are you sure that you were there on June 21? 20 A Well, normally I'm there Thursday, Friday, Saturday 21 before races, so that's why I'm saying that I'm sure I was there. 22 Q And what do you believe would have been going on on 23 Thursday, June 21't? 24 A I don't know. 25 Q Would you recall that there were people coming in 31 I for the race on Thursday, June 21? - 2 A I don't know. 3 Q Would you look at the Answer, Plaintiff's Exhibit 4, 4 marked for identification, and look specifically at Paragraph 6? 5 And would you also look once more at Plaintiff's Exhibit 3, the 6 Complaint, and specifically Paragraph 6? 7 A (Witness perused documents.) Okay, yeah. 8 Q So you've had an opportunity to read those? 9 A Yeah. 10 Q And, Mr. Yentzer, with respect to the Answer, which 11 is marked as Plaintiff's Exhibit 4, Paragraph 6, the second sentence 12 says, it is admitted that Doublin Gap Motocross, Inc. has a website 13 which contained the information alleged, is that correct? 14 A Yes. 15 Q And in the Complaint, the Paragraph 6 allegation 16 states, Also scheduled on Defendants' website is June 22, 2007, 17 "Friday, June 22, 2007— Practice Day 10:00 a.m. to 4:00 p.m., is that 18 correct? 19 A That's what it says. 20 Q Okay. So in your Answer you're admitting that the 21 website did contain that information? 22 A I'm admitting that 1he website did. I'm not admitting 23 that Rodney, Carol, or Jeffrey, or Rodney had anything to do with it. 24 That was the Motocross' websit , had nothing to do with those 25 individuals. 32 I Q You had nothing to do with the website? 2 A Those individuals had nothing to do with it, the 3 Motocross itself, Doublin Gap Motocross Incorporated's website. 4 Q And who is the corporation then? 5 A I told you that earlier. 6 Q It's you and your brother, is that correct? 7 A Correct. 8 Q So as the corporation you do have something to do with 9 the website, do you not? 10 A Yes. 11 Q So you are aware of the information that gets posted on 12 the website? 13 A I'm aware but I don't proof it. 14 Q And are you aware in June of 2007 then that the website 15 had information about this weekend of racing? 16 A I'm not aware of that. 17 Q Do you know what other kind of information gets posed 18 on the website? 19 A Today? 20 Q Well, let's start with today. 21 A All right. 22 Q Are you aware of what the website says? 23 A I have no clue. 24 Q And in June of 2007 were you aware of what was on the 25 website? 33 I A No clue. 2 Q You have no clue, but you've admitted that this 3 information was on the website? 4 A Yeah. If you're asking me if there are hotel links, if 5 there are pictures of the track, times, and stuff like that, yes, I'm 6 aware that all that stuff is on the website. If you're asking me on a 7 specific date or time that something is started or finished, I have no 8 clue, especially in 2007. 9 Q So you are aware that in 2007 generally there was a 10 schedule of events posted on the website? 11 A I'm sure there is -- there was, yeah. 12 Q And you don't have any dispute with the fact that 13 Friday was listed, Friday June 22nd, 2007, was listed as a practice 14 day from 10 a.m. to 4 p.m.? 15 MR. DUNCAN: I think he answered that question three 16 or four times now. 17 BY MS. WINDER: 18 A Yes. 19 Q And you are aware that you expected people to be at the 20 Motocross on that day? 21 A Yes. 22 Q Now, when those people come to the Motocross is there 23 a fee paid to enter the Motocross property? 24 A Yes. 25 Q And is that fee for every participant? 34 1 A Yes. 2 Q And is a participant an observer or a rider? 3 A A rider. 4 Q Is there a fee paid for an observer, a person? 5 A Yes. 6 Q Are they the same fee? 7 A No. 8 Q And that's true for practice days as well as race days? 9 A No. 10 Q What's the difference? 11 A Practice days participants pay, observers don't. 12 Q And how is that fee assessed and collected? 13 A I don't understand your question. 14 Q Where do you take the money? 15 A At the sign-in building. 16 Q And where's the sign-in building? 17 A Beside the concession stand. 18 Q And what do you mean by sign-in building? 19 A Well, a rider would -- for a race would come and 20 sign-in for the event and we would take his money. 21 Q So is that money in the nature of an entry fee for the 22 race? 23 A Yes. 24 Q And can a participant sign-in for a race at any point up 25 to the actual race starting? 35 I A They can sign-in even after the races start. 2 Q And how is that? 3 A Well, there might be 15 races that day. If you're race 4 No. 15 you can sign up right until that race goes off the line. 5 Q Okay. Now, in association with that racing that takes 6 place, do you have insurance coverage for Motocross events 7 specifically? 8 A Yes. 9 Q And does that insurance carry certain requirements with 10 respect to participants or riders? 11 A I'm sure. 12 Q What does it require of riders? 13 A I don't know what the requirements are. 14 Q And is that insurance obtained for specific named 15 events or is it a general policy for racing? 16 A General policy. 17 Q And can you tell me whether or not your premium for 18 that policy is based upon your estimate of the number of 19 participants? 20 A It's not. 21 Q What is it based on then? 22 A I have no clue. I'm not an underwriter. 23 Q Now, on Friday, June 22"', 2007, you had a practice 24 day, and you also told us and identified the permit that you had 25 for public gathering on June 24`h, 2007. Do you recall June 36 1 23r 2007? 2 A I don't know what you're asking me. What are you 3 asking me to recall? 4 Q Do you recall the day between the practice day, 5 Friday, June 22°d, and the race day that you had a permit for June 6 24`x? 7 A Vaguely. 8 Q What do you recall about that day? 9 A I don't know. I mean you're asking me -- 10 Q Do you recall whether or not you were at the -- 11 A I'm sure I was. 12 Q -- Motocross? 13 A I'm sure I was. 14 Q And do you recall what you were doing at the 15 Motocross? 16 A The jobs that I told you I do every time. 17 Q So specifically tell me what you think you were doing 18 on Saturday, June 23rd? 19 A Watering, grading, running the start, picking up trash, 20 making sure the Motocross goes on on a timely manner. 21 Q And you would have been running the start in 22 connection with racing activities? 23 A Correct, yes. 24 Q And do you recall whether the same number of 25 people were at the Motocross on Saturday, June 23rd as on Sunday, 37 I June 24` . 2 A I have no clue. 3 Q Do you recall whether or not there were motor homes on 4 the Motocross property on the 22nd of June? 5 A I'm sure there were. 6 Q And do you recall how many? 7 A No clue. 8 Q Do you recall that the same motor homes were on the 9 property on June 23rd 10 A No. 11 Q No, what? 12 A No, I don't recall. 13 Q No, you don't recall? 14 A No. 15 Q Do you recall that there were motor homes on the 16 property of the Motocross on June 23rd? 17 A Is that Saturday? 18 Q Yes. 19 A Yeah, I recall that there were motor homes there. 20 Q And do you recall whether there were motor homes at 21 the property on June 24'x? 22 A Yes. 23 Q Do you recall whether or not there were any tents on the 24 property, the Motocross property, on June 22nd, Friday, the practice 25 day? 38 I A No clue. 2 Q Do you recall whether or not there were any tents on the 3 property on June 23rd, Saturday? 4 A No clue. 5 Q And do you recall whether or not there were any tents 6 on the property on Sunday, June 24th9 7 A No clue. 8 Q Do you recall whether or not there were vendors on the 9 Motocross property on June 22°d, 2007? 10 A No idea. 11 Q Do you recall whether or not there were vendors 12 on the property in connection with the Loretta Lynn Regional 13 Race? 14 A Can you tell me that again? 15 Q Do you recall whether or not there were vendors on the 16 Motocross property in connection with the Loretta Lynn Regional 17 Race? 18 A I'm sure there were vendors there, but they have 19 nothing to do with Loretta Lynn's Regional Race. 20 Q Well, they were there for that race, were they not? 21 A They were there for the race, but they have no 22 participation in the Loretta Lynn's Regional Race. 23 Q Do you recall where those vendors would have come 24 from? 25 A No clue. 39 I FA Do the venders pay for a space at the Motocross? 2 Not sure. 3 Q Who would know that? 4 A Probably no one because every vendor has a different 5 situation. 6 Q What do you mean by that? 7 A For instance, one of them might be a friend of ours that 8 we let vend because he's our friend, but I don't recall if any of our 9 friends were there that day or not. 10 Q Mr. Yentzer, do you have people who come to the race 11 who sign waivers? 12 A You mean a release? 13 Q Releases? 14 A Yes. 15 Q And you did that in June of 2007 as a general practice, 16 did you not? 17 A Sure. 18 Q And you did it in May of 2007 also? 19 A Sure. 20 Q And in June of 2007 did you have what you would call a 21 release form? 22 A Standard form, yes. 23 Q Now, is that a standard form used in the motorcycle 24 racing industry? 25 A Yes. 40 • 1 Q So did you get that form somewhere? 2 A Yes. 3 Q From where? 4 A The AMA. 5 Q What's the information that's requested on that form? 6 A I have never read it. 7 Q Mr. Yentzer, do you yourself participate in Motocross? 8 A Sometimes. 9 Q And have you signed the standard forms? 10 A Yes. 11 Q But you've never read them? 12 A Yes. 13 Q What do you think it is that you're signing? 14 A I have no clue. I haven't read it. 15 Q And you have no idea what the general content is? 16 A Well, my assumption is you're signing your right to sue 17 the facility away, but as I stated for the third time, I've never read 18 it. For 30 years I've never read it. 19 MR. DUNCAN: We're going to request a break. 20 We've been here an hour and a half, no break for the stenographer. 21 MS. WINDER: We'll take a five minute break. 22 MR. DUNCAN: If you're going to get to the case, 23 we'd love to hear about your questions on the case. If you intend 24 to keep this witness here for hours asking irrelevant questions, we 25 have a record, we'll present it to the court if you complain that 41 ' I we're not cooperating. 2 (Recessed at 10:27 a.m. Reconvened at 10:30 a.m.) 3 DIRECT EXAMINATION (Continued) 4 BY MS. WINDER: 5 Q Mr. Yentzer, with respect to the standard form, 6 you said that you used those at the Motocross, is that right? 7 A Correct. 8 Q And that it's a form created by the American 9 Motorcycle Association? 10 A Yes. 11 Q And it is for protection of the track. Is that a fair 12 statement? 13 A It's a fair assumption. I've never read it. 14 Q Okay. But you use them at Doublin Gap? 15 A Yes. 16 Q And you have for a substantial period of time, even up 17 to June of 2007, is that correct? 18 A We've been using that standard form since the track was 19 started in the 70s. 20 Q Who signs those forms? 21 A All kinds of people. 22 Q And what do you mean all kinds of people? 23 A I don't know what you're asking me. 24 Q Do all people who come to the race sign the form? 25 A I would assume so. 42 I MR. DUNCAN: Could you rephrase that question? I 2 don't think he understood it. 3 BY MS. WINDER: 4 Q If I were coming to the Motocross to watch the race on 5 June 23rd, would I sign a form? 6 A You're supposed to. 7 Q And if I were coming to ride and participate as an 8 entrant in a race at the Motocross on June 23rd, 2007, would I sign a 9 form? 10 A You're supposed to. 11 Q Now, on June 23rd and 24`h of 2007, who at Doublin Gap 12 would have had those release forms? 13 A I have no idea. 14 Q How many other people were assisting you at the track 15 on those two days? 16 A I have no idea. 17 Q Would the people coming onto the property have signed 18 the forms as they entered the property? 19 A They're supposed to_ 20 Q As the promoter and operator of Doublin Gap 21 Motocross, would you have assigned someone that job? 22 A Yes. 23 Q And would the person who was having the releases 24 signed also be the person who was taking the fees? 25 A No_ 43 I Q So you would have at least two other persons on the 2 property, is that fair to say? 3 A I'd have two people there working that position 4 probably, yes. That's a fair assumption. 5 Q Two people working what position? 6 A Getting the releases signed and taking the fee. 7 Q Would they be working together? 8 A I'm not sure. 9 Q Why wouldn't you be sure? 10 A I don't know what your definition of together is. 11 Q Would they be standing in the same location? 12 A Side by side, no. 13 Q Would they be in a general proximity? 14 A Yes. 15 Q Would they be located at the entrance to the 16 Motocross? 17 A Yes. 18 Q And where was the entrance in June of 2007? 19 A Same place its been since the 70s. 20 Q And can you tell us more specifically where that is? 21 A On the lane. 22 Q That would be Reasner Lane? 23 A Yes. 24 Q And would it be at the boundary of the Motocross 25 tract? 44 I A That's probably a good assumption, yes. 2 Q And how far away would you have been from that point 3 to where you were working? 4 A Six inches to a mile. 5 Q And what would you have been doing six inches away? 6 A Talking to that employee. 7 Q Now, that would be which employee? 8 A I have no clue. 9 Q The fee taker or the release signer? 10 A Either or. 11 Q So that's two different employees? 12 A Correct. 13 Q And how many employees did the Motocross have in 14 June of 2007? 15 A I have no clue. 16 Q But you have tax records that would show your 17 employees, do you not? 18 A Probably not. 19 Q And why would that be? 20 A Because they're all subcontractors and sometimes 21 volunteers. 22 Q So they're not employees? 23 A You're use of the word as worker and employee are -- 24 Q How many volunteers do you use usually and would 25 you have used in 2007? 45 I A I have no clue. No clue. 2 Q Do you have people you call flaggers? 3 A Yes. 4 Q And those people would have been there June 22, 23 5 and 24 of 2007? 6 A Yes. 7 Q And how many flaggers would you have used that 8 weekend? 9 A That I do know, about 14. 10 Q And do those flaggers sign release forms? 11 A I'm not sure about that. 12 Q And how is it that you're sure that there were 14 13 flaggers there? 14 A Because I'm on the track and there's 14 spots that we 15 have flaggers. So we always have 14 flaggers, unless someone 16 called off sick that day, then I wouldn't know that, but then there 17 could be 13 but -- 18 Q In June of 2007 for Friday, Saturday and Sunday there 19 were fees charged for entry to the track, is that correct? 20 A Sure. 21 Q And when those fees were paid on those days were they 22 paid all in cash? 23 A I have no clue. 24 Q Do you know whether or not your website states that 25 checks are not acceptable and that people should be prepared to 46 I pay in cash? 2 A Our website does say that, but that isn't always the 3 case. 4 Q And do you know whether or not it would have been the 5 case in June of 2007? 6 A I have no clue. 7 Q Do you have any idea of what the total of fees paid on 8 June 24th, 2007 was? 9 MR. DUNCAN: We'll object to that question. You're 10 asking for proprietary business information for a private business. 11 There's no duty to provide that. 12 BY MS. WINDER: 13 Q Well, Mr. Yentzer, you have no idea how many people 14 were on the property on June 24th, 2007? 15 A Correct. 16 Q Do you have a record of how many people raced on June 17 24th, 2007? 18 A Probably. 19 Q And who would have that record? 20 A The AMA. 21 Q And who at the AMA would probably have that? 22 A I have no idea. 23 Q Do you generally keep the signed releases for a period 24 of time after an event? 25 A No. 47 1 Q So what do you do with those releases? 2 A They get sent to the AMA. 3 Q And you have no idea how long they keep them? 4 A No idea. 5 Q And you don't keep a copy of them? 6 A No. 7 Q And I assume you don't have a way of comparing 8 the number of people that were at the Motocross on June 24th 9 to the number of people who were at the Motocross on June 23`a, 10 2007? 11 A No. 12 Q So you would have no basis for disputing, for 13 example, a third party observer of the number of people who 14 were at the Motocross on June 23ra or June 24th, 2007, would 15 you? 16 A Yeah. 17 Q What would be your basis? 18 A Depends who the third party observer is. 19 Q What would you use as a basis for disputing the 20 number? 21 A It would depend who the third party observer is. 22 Q Let's say it's a Supervisor of Hopewell Township, then 23 what basis would you use? 24 A I'd use the basis that he has no more of an idea than I 25 do unless he can physically count them. 48 ' And if there's a physical count then you would not 1 Q Z dispute that? 3 A I probably still would. 4 Q And why would that be? 5 A Because there's no method of counting. 6 Q What do you mean there's no method of counting? 7 A Well, there's no method of counting in the ordinance 8 and I don't know if he's a certified counter or not. 9 Q Are you capable of counting the number of people who 10 enter your property? i1 A I'm not certified. 12 Q What would you need to be certified? 13 A I don't know, that's not my job. 14 Q Do you have any requirements of your person who is 15 taking fees or having releases signed that qualify them for those 16 jobs? 17 A For a counting job? 18 Q No. For the jobs of taking fees? 19 A No. 20 Q And signing releases? 21 A No. 22 Q And, Mr. Yentzer, who would have deposited the 23 monies generated by the fees? 24 MR. DUNCAN: We'll object to that question. That's 25 proprietary business information. It has no relevance to the 49 ' people were there, and you're not entitled to that, 1 Fquestion. ny p p 2 court -- in my opinion, nor would a court grant you that 3 4 BY MS. WINDER: 5 Q We ll, on June 23, 2007, Mr. Yentzer, you were 6 charging fees for people entering the Motocross property, is that 7 correct? g A I assume so. 9 Q Well, you expected that people were paying fees to 10 enter the Motocross property on that day? 11 A That's our standard operating policy. 12 Q And what fees would have been charged? 13 A I have no idea. 14 Q Who would have an idea? 15 A I don't know. It was three years ago. 16 Q You have no records to show the fees? 17 A No. 18 Q Do you give receipts? 19 A No. 20 Q Would every person who signed a release have also paid 21 a fee? 22 A No. 23 Q Why not? 24 A Some of them are our friends. Some people aren't old 25 enough to pay a fee. 50 ° FQugh o wouldn't be old enough to pay a fee? I 2 ink anybody under five. It could have changed since 3 don't know. 4 t in June of 2007 you belie ve that people under five 5 didn't pay fees? 6 A I think so. 7 Q And how about for five and older, did they all pay the 8 same fee? 9 A No. 10 Q What was the change? 11 A I don't know where -- what the change was then. 12 Q So over five it would have been two different fees 13 paid? 14 A Over five is one fee and then over another age is 15 another fee. 16 Q And what would the other age have probably been? 17 A Probably 10 or I1. 18 Q And this was a youth classic, so would it be fair to say 19 that there were more youth races than usual? 20 A No. 21 Q What would have been the reason to call it a youth 22 regional? 23 A I don't know. Somebody -- the AMA named it. I didn't 24 name it. 25 Q Is it typical that parents sign releases for youth? 51 ' I A Yes. 2 Q And what would be considered youth as far as that 3 release form is concerned? 4 A I have no clue. 5 Q Now, can you describe for me how that form is set up? 6 A Has a bunch of writing on the top of it and signature 7 lines underneath it. g Q So a series of people can sign on the same form itself? 9 A Yes. 10 Q And do you know approximately how many pages of 11 that form you would have submitted to the AMA? 12 A I have no clue. 13 Q After June 24th of 2007? 14 A No clue. Some people sign twice. Some people sign 15 three times. 16 Q And how would that happen? 17 A Well, they leave and they come back. They leave to go 18 to town, and to a hotel or something, and they come back and they 19 sign the release again. 20 Q Are there dates on the release forms? 21 A I think so. 22 Q And there would have been dates on the release forms 23 for -- 24 A Actually that was probably -- 25 Q June? 52 I A I would assume. 2 Q That was probably what? 3 A Nothing. 4 Q So there would have been dates on the release forms for 5 June 24th and June 23`4? 6 A Yeah. 7 Q And would there have been dates on the release forms 8 for June 22'd? 9 A Yes. 10 Q And if you wished to obtain copies of those releases, 11 would you be able to access them through the AMA? 12 A I have no idea. I would never care about that. 13 Q Mr. Yentzer, does Doublin Gap Motocross, Inc. file a 14 separate tax return? 15 A Yes. 16 Q And was that true for 2007? i7 A Yes. 18 Q And who would have prepared the 2007 tax return? 19 A I have no idea. 20 Q Who would know that? 21 A Probably nobody. 22 Q Do you have a copy of the 2007 tax return for the 23 corporation? 24 A I would assume we do somewhere. 25 Q Do you have a copy of your 2007 insurance policy? 53 ' I A I have no idea. 2 Q Do you know who would have been the insurance 3 carrier? 4 A AMA. 5 Q Can you tell me whether or not your father, Rodney 6 Yentzer, was on the property of the Motocross on June 22, 23 or 24 7 of 2007? 8 A I'm sure he was there one of those times. 9 Q Was there on those times? 10 A At least one of those days he was there. 11 Q And what would he have been doing? 12 A I have no idea what he was doing those times. 13 Q Was he typically at the Motocross for events in 2007? 14 A Yeah. 15 Q And do you know typically what he was there for? 16 A I don't know. He's there helping his kids. 17 Q Helping you? 18 A And my brother, yeah. 19 Q And in what manner would he have been helping? 20 A I have no idea what he was doing those days. He does 21 whatever we ask him to do. 22 Q What kind of things would you have asked him to do in 23 2007? 24 A That list is way too long. 25 Q Give me some of those things. 54 I A Work on the bulldozer, work on the water truck, work 2 on the tractor, help grade the track, help water. 3 Q Anything else? 4 A I don't know. 5 Q And your mother, Carol Yentzer, was she at the 6 Motocross? 7 A I'm sure she was. g Q Was she there on June 22nd, 23rd and 241 of 2007? 9 A I'm sure she was. 10 Q What kind of things would she have been doing? 11 A Working in the sign-in building, working in the 12 concession stand. 13 Q So what would she have been doing in the sign-in 14 building? 15 A I don't know exactly what she did that day. 16 Q Did she work in the sign-in building in 2007? 17 A I don't know. I'm not a hundred percent sure she 18 did. 19 Q What would you expect would have been going on in the 20 sign-in building on June 22, 23 and 24? 21 A Signing up racers. 22 Q Which would include what? 23 A Reviewing their AMA card to make sure they have one 24 and making them sign a release and a data card. 25 Q Sign a release and a data card? 55 I A Yeah. 2 Q And the release would be the release form we've been 3 talking about? 4 A Uh-huh. 5 Q And what is a data card? 6 A It's a card they have to fill out for the AMA. 7 Q What information does it contain? 8 A Their class and age. 9 Q Now, does the rider or racer fill out that data card or 10 does someone else? 11 A The rider or racer. 12 Q And, at that time, does the rider or racer pay their 13 fee? 14 A I'm not sure. We changed our policy. I don't know 15 when we changed it. 16 Q What's the current policy? 17 A Current policy is they pay their fee when they do the 18 data card. 19 Q What was it before? 20 A They paid their fee when they came in the gate. 21 Q And you're not sure when that change occurred? 22 A I don't know when that changed. 23 Q Can you tell me whether or not you considered the 24 Motocross to have a large crowd attending on June 24`b, 2007? 25 A I don't know_ 56 1 Q Do you have any idea how many people were on the 2 grounds on June 23rd, 2007? 3 A No clue. 4 Q No clue? 5 A No clue. 6 Q And do you have any idea how many people were on the 7 grounds of the Motocross on June 22, 2007? 8 A No clue. 9 Q Do you have knowledge about where the boundary lines 10 of the tract on which the Motocross lies? 11 A I don't know if I can answer that. I don't know what 12 you're asking me. 13 Q Do you know where the boundary lines for the tract 14 where the Motocross lies are? 15 A Do I know the boundary lines of the Motocross track? 16 Yes. 17 MR. DUNCAN: For the record, is it the Motocross 18 tract of land that you're asking the boundaries of, or the boundaries 19 of the Motocross track? 20 MS. WINDER: No, I'm asking for the tract. 21 MR. DUNCAN: Tract of land, the parcel of land. 22 BY MS. WINDER: 23 A That I'm not sure about. 24 Q And are you aware that not all of the property that you 25 own is used by the Motocross? 57 I A Tell me that again. 2 Q Let me ask you this. Do you own two separate tracts of 3 ground? 4 A Yes. 5 Q Do you own a tract of ground upon which the Motocross 6 is not located? 7 A Yes. 8 Q Are you aware that on the one tract the Motocross is not 9 a permitted use? 10 A No. 11 Q Is it true that you purchased a tract of land that lies 12 adjacent to the Motocross tract of land after you purchased the tract 13 on which the Motocross lies? 14 A Yes. 15 Q And you bought that from whom? 16 A Wickards. 17 MS. WINDER: I have no other questions. 18 (Whereupon, at 11:04 a.m., the deposition was 19 concluded.) 20 21 22 23 24 25 58 1 CERTIFICATION 2 F 1 3 1, CHERYL FARNER DONOVAN, Registered 4 Professional Reporter and Notary Public, certify that the foregoing 5 is a true and accurate transcript of the deposition of RODNEY L. 6 YENTZER, II, who was first duly sworn before me at the place and 7 on the date hereinbefore set forth. 8 I further certify that I am neither attorney nor counsel 9 for, nor related to or employed by any of the parties to the action in 10 which this deposition is taken, and further that I am not a relative or 11 employee of any attorney or counsel employed in this case, nor am I 12 financially interested in the action. 13 14 Cheryl Farner Donovan 15 Registered Professional Reporter 16 17 Notary Public, Cumberland County 18 My commission expires July 23, 2011 19 20 21 NOTICE 22 23 (The foregoing certification of this transcript does not 24 apply to Any reproduction of the same by any means unless under 25 the direct control and/or supervision of the court reporter.) 59 r PLAfN' 'S` PUBLIC GATHERING PERMIT' Act�uBtr Daft of Appikeim: 2ma App�Caat's Namt ��f3 i.�J C�Rf� MX PAS '?i.3 G Adams's Mailing Addrm* A iewts T41e1410ne 14411d w., 70 _ .ozY9&,o34 Addrew(location of public ng�. .s.- 10A 1 Name ofp enoa ibk for PUNIC VdWM &M ,1_.G.a f,'m xsy Nun*W ofcb aaW ter kU ra bra revided sod then 11211 drers ofp ovidmr. Affle cart m" provide IF Sciities for no*sad mates ud ramst mmrvux at tart owe per day. CA i �` �, i Items the Appiicaot ia4eed to post cub bad or suaety bad for coats of dean-ap,ma menmm or repm? If a.cab bard, eta the amaurnt and method of payman to be held by TowmMp. If by suray bond.poivide a m'py ofearpwm or simy bond to be nwkwed Air Accepwa by the To mikip Supwviwm 1 hwe rand all of the imf� conRaimcl in#us application and vwify it as Mm and cornet wbit"to the pe nr du of 18 FA GSA 4904 miatia8 to wr wom hlsificatim to mrtiloritiw Dm Received to-a�—o? tea Rpprovsd Dme Dbq*ff w+ed - = — gate iasesed -s PUB I�C GA H RING TOWNswUP, of HOPEWELL PER 'S loo. ,07- 6,2 was issued T4 FOR ON 200,x. (mouth/day) BY Ropowell Tvwn h', Cnmberbad County 'A Expires on � ,_...6 � �:.,� DISPLAY ON PROPER " PL EXHIBIT S z PUBLIC GATHERING PERMIT Hopewell Township, Ctunbaiand County Date of Application: 5-11!4-27 Applicant's Nam.___ .. /)z&k 6J a L� &yx Applicant's Mailing Address: S.A,k- Jt: �°�i���� Applicant's Tedephoaa`e Number: 7t-7 a2 y+9-lots 3G. Address(locatim of public gubering�.__ / _ si e,—4&,%A_- Nam of person reWonsible for public Se6ering _.� t� �`�°_ �. . Number of chemical toilets to be provided said the 111.1 of provider. Applicsm maust provide separate hwiliries for males and females&anal must mice at least once per day. Iwo I— Date of public gathering event- i2t --�22cm _- Does the Applicant Wend to pvO cssh bond or=ety bond for costs of bran-up,ma nt enarm or repair? If a cash bond, state the&amount and method of payment to be held by Township_ If by surety bond, provide a CM of te0a'pa?arate or aw'+ety bond ua be reviewed for accelata me by the Township Supervisors. J� I have read all of the Woarmption contained in this applicrttion and verify it as true and correct subject to the penalties of 19 PA CSA 4944 relating to unamm f&Is&Stm to&takes. Aa _� JAIVf 5ign"O of,- ppdi� Des Received Approved Dieapprowrodc issued #79.2 PLAINTIFF'S HOPEWELL TOWNSHIP HOARD OF ;IN IM COURT OF COMMOM SUPERVISORS :PLEAS OF CUMBERLAND :COUNTY,PENNSYLVANIA Plaintiff ,v 0 V. : No.07-518k CIVIL TEAM = -n ROSY L.YINTZM II, ;= RODNEY L.YXNTZER,CAROL M. ; YI N72M AND :CIVIL ACTION- LAW JEFFREY A.YFA'MR,individaaft DOUSLIN GAP MOTOCROSS,INC. :APPEAL FROM DISMCT JUSIf+CE COMPLAINT COMES NOW,the Board of Supervisors of Hopewell Township,Cumberland County, by and fluough its Solicitor,Sally J.Winder,Esquire,and does file this Complaint for Violation of the Hopewell Township Ordinance 79-2,as annnded,based upon the following: 1. Hopewell Township,Cumberland County is a duly cons tibftd and emoting Second Class Township,having a principal place of business and mauling address at 415 Three Square Hollow Road,Newburg,H"ewell Township, Cumberland County,Pennsylvania 17240. 2. The Defendants are Radney L.Yew,Carol M.Yemtzer,Rodney L. Yentzer,II,and Jeffrey A.Yen xr,svi juris adult individuals,who are Defendants in their individual capacities as well as in their capacities as individuals grading and doing laciness as Doublin Gap Motormoss,Inc.,a duly organized Pennsylvania corporation having a p*cipei off=address of 1146 South Pitt Street,Carlisle,Cumbesrland County,Pennsylvania. 3. Def ndwb own and operate Doublin Cap Motocross Pads at 100 R=aw Lane,Newburg,Hopewell Township,Cumberland County,Pennsylvania. 4. Plaintiff Township has duly enacted Ortlinsaoe 79-2 and Ordinance 07-02 amending Section 14 of Ordinance 79-2,copies of which are marked Exhibit "A"and`B",attached hereto and incorporated by reference herein. 5. Pursuant to Ordinance 79-2,Defendants did apply for,and were issued a Public Garbing Permit for June 24,2007,in conjunction with the Mokxross activity scheduled at 100 Reasner Lane,Hopewell Township,for that day as listed on their white"LL Youth Regional."A copy of said Public Ga&aing Permit is attached hereto,marked Exhibit"C"and incorporated herein by L eference, 5. Also scheduled on Defer'website is June 22,2007,"Friday June 22, 2007—Practice Day 10:00 axL to 4:00 p.m. 7. Defendant never applied for,and never obtained,a Public Gathering Permit for Thursday,June 21,2007,Friday June 22,2007,or Sauw&y,June 23, 2007. 8. Plaintiff Hopewell Township Supervisors observed campers,trailers,pick-up trucks and automobiles entering the motocross,property from'Thursday evening through the early mmaiing horns of Friday,June 22,2007,paiked and camped throughout the motocross premises including the area which is usually designated as the practice track,as shown on the mph marked Exhibit"D"attached hereto and made a part hereof. 9. Defendant,Rodney L.Yom,II,when asked on Friday,June 22,2007,why he did not file an application for a permit advised the Supervisors that he did not know how to rand and that he guessed the Township would have to fine him. 10. On Friday,June 22,2407,Defendants were dhvcting,permitti , allowing, and encouraging cam,trailers,and+fir vehicles and race event participants,invitees,and guests to park and camp on the add property, the Arickard tract,where such business related activities are prohibited. 11. Plaintiff believes and t Xrefore avers that the Defendants exceeded the 450 persons gathered at 100 Reasoer Lane,Newburg,Pennsylvania which would require a Public Gathering permit for Friday,June 22,2007. 12. Plaintiff believes and therefore avers that it was the intention of Defendants to continue to be in violation of Saeion b,Ordinance 79.2,as aid,by permitting the people who drove campers and car vehicles onto the penises Thursday,Friday,and Saturday,June 21 through 23,2007 to remain there in violation of the Ordinance which requires that any event not held in a building shall teminate not lama that midnight,and it shall be unlawfud for any person to remain on the premises between the hours of 1:00 a.m.and 6:40 a.m. 13. Plaintiff believes and therefore avers that Defendants obtain liability,waiver forms from those entering the promises and that such forms gain names and numbars of PMM Ong the premises,they allowing Defies to know the number of persons an the premises. F x 14. Plaintiffbelieves and diesel re avers that Defindents fimther charge for use of the tract for practice,and that Ddwdauts charge eampas and regional vehicles who stay overnight. 15. Plaind believes and therefore avers that Defendants anticipate gat wings in excess of 450 people as evidenced by tdwir application for and obtaining of permits under Ordinance 79-2,as amended. 16. Plaintiff believes and dwi efore avers that Defmxiards encourage people to stay overnight and camp at the auotocrrrss property on weekends when large events are scheduled and thereby anticipate and expect that tdw number of pe opde on the premises the day and mgfrt before a large race will exceed.450 people. 17. Plaintiff believes and therefore avers that Defaxd does not apply for permits for days which are immediately prior to permitted race days because 4rdimance 79-2 does not permit overnight stays whe dw defined as camping or parking. 18. Plaintiff believes and therefore avers that Defindant acts are in blatant, willful,bad faith in failir to apply for permits on days prior to bw events for which they obtain permits and that SUCII was true for Friday,tune 22,2407, and Saturday,June 23,2007. 19. Failure to obtain the required permits for Friday June 22,2007 and Satw&y June 23,2007,are se pwate and distinct violations each mj�ed to civil penalties of$600.00 per day per violation. t VERMCATION I verify that the stateam"made in this pleading are true and owrect to the best of my knowledge,information,and belief and that as an elected member of the Board of Supervisors of Hopewell Township,Cumberland County,I am au&wzed to execute this verifica ion.I understand that false statonents hwein are made subject to the pemaahbes of 18 Pa. C.S.Section 4904 relating to unworn falsification to authorities. Deft: 9 Laq 0 Cmtis W.Mlers,S isor HOPEWELL TOWNSHIP ORDINANCE NO. 79-2 AN ORDINANCE REGULATING PUBLIC GATH]URINGS, PROVIDING FOR PUBLIC GANG PMTS AND REQUIRING ADEQUATE FACILITIES THEREFOR, PRO- HIBITING CONSUMPTION OF ALCOHOLIC BEVERAGES AND POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY AND PUBLIC HIGH- WAYS, PROHIBITING PUBLIC DR.t1lHM MESS, AND PRO- HIBITING FIGHTING, INDECENT CONDUCT, AND GATHERINGS F08 UNLAWFUL PURPOSES WITHIN THE TOWNSHIP, AND PRESCRIBING PENALTIES FOR VIOLATION. It is hereby ordained and enacted by the Board of Supervisors of Hopewell Township, Cumberland County, Pennsylvania, as follows: Section 1. It shall be unlawful to hold, manage or conduct any public gather- ing, entertainment, or party of any kind in the Township, except in compliance with the provisions of this ordinance. Section 2. It shall be unlawful to collect, gather, or be a member of any disorderly crowd, or any crowd gathered for any unlawful purpose. Section 3. It shall be unlawful for any person to commit any indecent act; or to appear in any public place not properly or decently garbed. Section 4. It shall be unlawful for any person to be in an intoxicated condition in or on any street, highway, or public place within the Township. Section 5. It shall be unlawful for any person to knowingly start a fight, or to fight, or to commit any assault or battery in any public place within the Township. Section 6. Any public gathering or event not held in a building shall be term- inated not later than midnight, and it shall be unlawful for any person to remain on the premises between the hours of 1:00 and 6:00 a.m.; provided that employees of the holders, managers or conductors of such gathering or event whose duties necessitate it, may remain on the premises for the performance of such duties. Section 7. No such gathering, entertainment, or party shall be held or pre- sented in any premises, unless such premises have been examined by the building inspector of the Township not more than three days in advance of the date of such gathering and found free of any fire hazard and found to be suitable for the purpose. Section 8. It shall be unlawful, within Hopewell Township, for any person to drink "liquor" or "malt or brewed beverages" upon any public street, public munici- pal parking lot, private parking lot open to public use or public park, or in any vehicle being operated or parked thereon. Section 9. It shall be unlawful., within Hopewell Township, for any person to have in such person's possession or in a vehicle under such person's control any open container containing "liquor" or "salt or brewed beverages" upon any public street, public municipal parking lot, private parking lot open to public use or public park. f _ j Section 10: The following words or phrases, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this section: "Liquor" and "Malt or Brewed Beverages" and "Container" and "Official Seal" shall mean the same as those words and phrases are defined in the "Liquor Code" of the Commonwealth of Pennsylvania. "Open" when used in connection with a container shall mean any container which has been perforated in the case of a can or similar container or a container on which the cap has been loosened or the cork displaced and the official seal torn or mutilated. Section 11: It shall be unlawful to hold, manage or conduct any public gatherings, entertainment or party within Hopewell Township without providing for adequate sanitary facilities. There must be separate facilities or units for males and females. All facilities, except where public water and public sewer service is available, shall be of the chemical type. All facilities during the operation of the public gathering, entertainment or party, must be serviced once a day, at least. Section 13: Any person, corporation or firm desiring to hold, manage or conduct a public gathering of a type covered by this Ordinance must make applica- tion, to the Township Secretary for a permit at least ten days in advance of the gathering or event and pay to the Township at that time any fee for issuance of said permit which the Township, by resolution, may impose. Application forms shall be provided by the Township and require such information as the Township, by resolution, deems necessary and pertinent for the effective enforcement of the provisions of this Ordinance. Upon compliance with this section and with the provisions of this Ordinance, the Township Secretary shall issue the appropriate permit. Section 13: The Township may require the posting of cash bond, or surety bond with two or more sureties satisfactory to the Township, or with a corporate surety, in an amount which will reimburse the Township for its costs of clean-up, maintenance, and repair following the conduct of any public gathering within the Towwhip contrary to the provisions of this Ordinance, prior to the issuance of the appropriate permit. i Section 14: This Ordinance is not intended to apply to an of lass than VQ individuals, and is not intended tope 1 to any pub gathering apply p public gather- ing where all the persons in attendance are related by blood or marriage. Section 15: Any person, firm or corporation violating any provision of this Ordinance shall, upon Summary conviction thereof, be sentenced to pay a fine of not more than three hundred ($300.00) Dollars, and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than ninety (90) days. Section 16: If any sentence, clause, paragraph, section or portion of this Ordinance is declared by any Court of competent jurisdiction to be illegal, k invalid or unconstitutional, such declaration shall not affect the remaining provisions of this Ordinance. Enacted this day of August, 1979. -Attest: /* 7" Alverda C. Ocker, Secretary GeorgE-A.Boover, Chairman ic Oo (L Col-N 4 -1 Ckc6 IwiCC flue(t-3-4 c, d- aL i-t t- 11 C" CA __?()o W-4 LUC, _77 W HIP \,,L-C T.F7MY HOPEWELL TOWNSHIP omNANcE No. 07-oQ AN ORDINANCE OF THE TOWNSHIP OF HOPEWELL, CUMBERLAND COUNTY, PENNSYLVANIA, PROVIDING FOR AMENDING HOPEWELL TOWNSHIP ORDINANCE NO. 79-2 WHEREAS,there exists an Ordinance regulating certain public gatherings in Hopewell Township, Cumberland County, Pennsylvania which is Ordinance 79-2; and WHEREAS, said Ordinance 79-2 was duly enacted August 6, 1979; and WHEREAS,the Board of Supervisors of the Township of Hopewell deems it in the best interests of the citizens of the Township of Hopewell for their general health, welfare and safety to amend Ordinance 79-2; and WHEREAS,the Board of Supervisors of the Township of Hopewell acknowledges that the impact on the community of large gatherings affects the surrounding community including the general welfare of those using roads and highways located within the Township, increases the need for emergency services, impinges the quiet enjoyment of residents of their property; and WHEREAS, large gatherings of persons tends to create additional trash, noise and air pollution, and adversely effect the natural environment, waterways, and open spaces of the Township unless properly regulated. NOW THEREFORE, BE IT ENACTED AND ORDAINED by the Board of Supervisors of the Township of Hopewell, Cumberland County, Pennsylvania, and it is hereby enacted and ordained as follows: SECTION I. Section 14 of Ordinance 79-2 is amended to read as follows: This ordinance is intended to apply to any public gathering of 450 individuals or more, and it shall not apply to gatherings of fewer than 450 people. This Ordnance is not intended to apply to any public gathering within the Township where all persons in attendance are related by blood or marriage. �SOL, r,,, �— a f , P" SECTION H. This Ordinance shall become effective five days after enactment. SECTION III. SEVERANCE CLAUSE - Should any section,paragraph, clause or phrase of this Ordinance be declared unconstitutional or invalid by a Court of competent jurisdiction, the remainder of said Ordinance shall not be affected thereby, and shall remain in full force and effect. SECTION IV.REPEALER CLAUSE All Ordinances or parts of Ordinances or Resolutions conflicting with the provisions of this Ordinance are hereby repealed to the extent of such conflict. ENACTED AND ORDAINED into an Ordinance this day of May, 2007. BOARD OF SUPERVISORS OF THE TO OF HOPEWELL ATTR Jby PUBLIC GAT.E REgG tbW HvpcmH Township, Cumbcdmd County Date ofwpplicadm' r1a&t 2m-7- ApplicaWs Ns AppWW's Mailing Mimes- 14 ,� IPA '7a 1 AppliceWs T4opbaae Number. '�t'? g v2-AP34 Address(location ofpublic Vt6e inO C'- s .xr AA 1 Name or pawn resparmlAt for puNic gaderias .. by-A S ° ,MC f&= 34�sib�dr ofebmsicW toilette to be provided sed do neotaladdneee Of'pccrivider. AppiiatU Mug prxrvi�ie sapecmte e3e Em um l+es mod books and nwA ssrvim at WW ne', Per day. AV Doto ofd sadwft evalt tLy. t. a y z C!%2 Does the Appiicemimmand to post crib band or surety bmd Sow costs of dean-upq or rapair? ifa csatit boars,state the auoetot std method of pay=eat ttt bee Lead by To p. If by surety bai4 pwwidi a m ff of mpormae©r may bad to berevieaw+ed fix aarpt we:by flue Towegbip Supetviwm I i Iwve read au ofthe imfarmuiaa contained is this applimaioo and verify it as ttue and canva im*ed tca the paw of I8 PA CSA 49tl4�to trmsa a a flthifi F i° to autb ities. .Siip�ure of Debts Ditwtpptewwd _. G',3-4;?:02 Do*sad x€79 2 ..�, _._ �.___ .. --... - .3- ... �. pia►.._. _........ — -- t t. im Q PLAINTIFFS 17/, Duncan& Hartman,P.C. CD 0 William A. Duncan,Esquire I Irvine Row,Carlisle,Pennsylvania 17013 717.249.7780 -r7 rn 717.249-7900 FAX Attorney ID 22080 Y.5 HOPEWELL TOWNSHIP BOARD IN THE COURT OF COMMON PLEAS @F OF SUPERVISORS CUMBERLAND COUNTY, PENNSyLV�A-­NIA Plaintiff NO. 2007-5186 CIVIL TERM vs. RODNEY L. YENT ZER, 11 CIVIL ACTION-LAW RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY',A. YENTZER,Vd/b/a DOUBLIN GAP MOTOCROSS, INC. Defendants :APPEAL FROM DISTRICT JUSTICE ANSWER Comes now the Defendant,Doublin Gap Motocross,Inc. by and through its attorney, William A. Duncan,Esquire,and Answers Plaintiffs Complaint as follows: 1. Admitted. 2. Admitted that Rodney L. Yentzer,Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer are sui juris adult individuals. Admitted that Dublin Gap Motocross,Inc. is a duly organized Pennsylvania corporation having a principal office address of 1144 South Pitt Street, Carlisle, Cumberland County, Pennsylvania. 3. Admitted that Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, 11 and Jeffrey A. Yentzer are the owners of real estate located at 100 Reasoner Lane, Newburg, Hopewell Township, Cumberland County,Pennsylvania. It is denied that they operate motocross races at that location. It is admitted that Dublin Gap Motocross, Inc. Operates motocross races at 100 Reasoner Lane,Newburg, Pennsylvania. 4. Admitted. 5. It is denied that Rodney L. Yentzer,Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer as individuals applied for any permits. It is admitted that Dubling Gap Motocross, Inc. applied for a permit as specified in Exhibit"C"of Plaintiffs complaint. 6. It is denied that Rodney L. Yentzer,Carol M. Yentzer,Rodney L. Yentzer,II and Jeffrey A. Yentzer as individuals posted a website. It is admitted that Dublin Gap Motocross, Inc. has a website which contained the information alleged. 7. Admitted that Dublin Gap Motocross,Inc.,operator of the events specified in Plaintiff's Complaint,never applied for or obtained permits for the dates alleged. 8. Denied. On the contrary after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of paragraph 8. 9. Denied to the extent that Defendant Rodney Yentzer did not suggest that he should be fined by the'Township. 10. Denied in that Defendants were not direcing,permitting, allowing or encouraging patrons to park and camp on what Plaintiff refers to as the Wickard tract. 11. Admitted that a public gathering permit was not obtained for Friday,June 22, 2007 and that the threshold number of persons for a permit is 40 persons. Denied that the public gathering ordinance was violated. By way of further answer, Defendants have filed an Action for Declaratory Judgment disputing the validity of the Public Gathering Ordinance. E 12. Denied in that Defendants were not in violation of Ordinance 79-2 Section 6 as amended_ 13. Admitted that from time to time those who participate in motocross races sign certain forms as requested by Defendant Dublin Gap Motocross, Inc.. Denied that the execution of those r � forms allows Defendant Dublin Gap Motocross,Inc. to determine the number of persons on the premises. Denied that Rodney L. Yentzer, Carol M. Yentzer,Rodney L. Yentzer, II and Jeffrey A. Yentzer as individuals obtain any such forms from persons specified hereinabove. 14. Denied that Defendants charge race participants for practice and that Defendants charge for overnight parking. 15. Admitted. 16. Denied that Defendants anticipate that the number of people gathered on the premises on the day before an event for which permits have been applied for and obtained would result in the need to apply for a Public Gathering Permit. 17. Denied that Defendants refuse to file an application for a public gathering permit for the reasons stated,to the contrary, Defendants do not file an application for a public gathering permit because they do not feet that one is necessary. 18. Defendants are unable to respond to the paragraph,which is not stated as an averment but appears to be a statement of Plaintiff's opinion. 19. Denied in that permits were not required for Friday,June 22,2007 or Saturday,June 23, 2007 and no penalties are applicable; denied that the Ordinance specifies a civil penalty of $600 per violation. WHEREFORE, Defendants pray that this Court dismiss this action in its entirety. RESPECTFULLY SUBMITTED DUNCAN&HARTMAN, P.C. William A. Duncan, Esquire Attorney for Defendant 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 r � VERIFICATION The undersigned,having read the attached Answer,hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa_C.S.section 4904 pertaining to unworn falsification to authorities. Rodney L. Yentzer 11, Dublin Gap Motocross,Inc. Dated: �D�17�07 C v r CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer to Complaint docketed to No. 07-5186 by depositing same in the United States Mail,first class,postage pre-paid, certified, return receipt requested on the 10th day of October,2047,addressed as follows: Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg,PA 17257 DUNCAN&HARTMAN,P.C. William A. Duncan,Esquire Attorney for Defendant 1 Irvine Row, Carlisle,Pennsylvania 17013 717.249-7780 HOPEWELL TOWNSHIP IN THE COURT OF COMMON PLEAS OF BOARD OF SUPERVISORS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION—LAW RODNEY L. YENTZER, II, RODNEY L. YENTZER, CAROL M. YENTZER and JEFFREY A. YENTZER, t/d/b/a DOUBLIN GAP MOTOCROSS, INC., Defendants NO. 07-5186 CIVIL TERM ORDER OF COURT AND NOW, this 6h day of June, 2013, upon consideration of Defendant's Motion To Dismiss, and it appearing that any ordinances, permits, conditional use permits, enforcement provisions and any other Hopewell Township ordinances relevant to each party's respective position on the Defendant's motion to dismiss have not been filed of record, it is hereby ordered that, within 5 days of the date of this order, both parties are ordered to file of record the exact language of any Hopewell Township ordinances, permits, conditional use permits, enforcement notion provisions, or other ordinances that were in effect at the time of the alleged violations by the Defendants. BY THE COURT, Christylie L. Peck, J. Sally J. Winder, Esq. P.O. Box 341 cz Newville, PA 17241 ' MM Attorney for Plaintiff -p'TT�` = f William A. Duncan, Esq. V ' < `-: 1 Irvine Row Cn Carlisle, PA 17013 ,.C- Attorney for Defendants - ...,• -.._ .11 � 1 .