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Home My WebLink About81-00120 ,<:i~, " ",,1, ,:'::'~;~~jj,f~f.~5. I """"i II "1.. , '~, ~, I ,-:<:/"{~'(~/i!:.~'" Y'. ~',e,l:.:~f;;' t' ~ ! ~ i . ~ e; l!l ., CIJ >t ~ ~ ~ ~ t!l ~ ~ ~ . lEt rn . ! ! :!: ~ i:l CIJ I~ - o ~' ,~ '10 -= LLI "~ I. M so, 21 ~8"1 '-')(, i..,,'; PETITION FOR LETTERS OF ADMINISTRATION IN THE ESTNI'E OF ""Al,.).1g:,R..'r",H",IULLER.",JR.""",,,,,, DECEASED, To ......l1,'\!:y..., ~,~~~,~'" """",. """ "",." "..", '" """"" .."..",.., ",.....".". .."" ..",'.., Register of Wills fo,' the COlll1t,\' of Clllnhcl'ial1d, ill till' ('ol1l1l1ol1l1'callh of Pel1ns,l'll'ania, The Petition 0 f '" "Ber,tha"M." ,Wolf", and..,Co r,a, ,.A .""F"lickinlSe.r"", """ "'" ""..'" """ """"".." "......""",,,,,,,,,..,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,, I'espcclfnll)' sl1n\\'l'lI1 t h:t I "".Alb.ert,..IL,,,Mil1e:r:,.,,,J.r,......,,.......... "'1 S' TOlI'l1ship 'P I was n resident of "Ml. :v.e.r" , ,pr,lng"......,,,"""''''MIllJ()HPlh ,('lIlllhcl'l:tl1d COllllt)', State ot . ~nnsl" vania, and a Citizen of United States, nnd dep,"'ted this life intestate in the COllnty of "Cumberland ........,,,..........,..,,,,,,,,,,,,,,,, and State of ",J',<mn,$.y.lyGln,ia,,,,,,,,,,,,,,,,,,..,,,,,,..,..,..,,,,,,,,,,,,,,,,,,,,,.... "..,.."""""..,...., on ....Thursday.",,,,,,,"" the """"",5th,,,,,,,,,,,,,,,,,,, da,\' of ""f,ebr.u.ar,y.."....,,,,..,,,,,,,.... A, D" 19..,8.1.., at the age of """.5.0"" years, That the said ,,,AJp.,~);,j;:,,,H..,,,,MU1~);,,...},);',,,,""""""""'" deceased, left surl'ivin!( the following named widow 01' hushand, heirs and next to kin, (0 lI'it : Nllme Relationship Residence "~,~!:,~g~..,M:""W.~,~~"""" """"""""" Aunt ..,......................................... , "",,,?9,~..,~,~mi!,1;,~..by.~,,,,"""""',.... ""'" ,Camp" Hi 11."" P. a." ,l7.,Q11..., ................................................................ "CPJ:,<\, ,,A,,.. ,F,,:), :lG~;tnge,r,""""""" ,.."""""Allnt..""""""""", .",....1l6",N.",Ena1a,..Driv,e......", """ ..1.';D.I1J!J.. J,.., );',~, .....,.... ;I..,?Q,?".?"".."" ................................................................ ................................................................ .......................................................,........ ................................................................ That those ahove named include all of the next of kin, RO fa!' aR known, The Raiel decedent waR pORscsgeel of perRonal pl'opert,\' to the estimated value of $,lQ,.,Q.O,9.,',Q,9........., and of Real ERtatc, Ie" ineumlJl':lIlee, to the "sUmated I'alue of $,,,,,Non.e..,,.............. aR near aR clln be ascertained, That the said Real I';stnte in RO far :tR iR known is located in """"",........""......,,,,,,....,,,...................... ........................................................................................................................................................................................ ..Therefore, YOlll' peti\ion~r(s) reRpeelfully appl)'(ieR) for LetterR of AdminiRtration named estate, .........-' ,;; ,'I I." () i( I'"! elJ . r./_C.tC t:'.. .c. v' _.....' .~' Dated, ..,,,F.,~~,!:,tl,'\!:Y.:,J8.,,""",!.,,''''': A, IJ" Ill..8J" ! in the above \..; Signature and Address . c..:.:~.<::.c:;'... ..({..:..... ..//. .....~~...:.>/~~~,;,~:~:-:.:~:.............. of PetitioJler(s) ,~~:r.~I,1<l:" n:", l:'l(),g:"", .,"',C,O');,<l,',A.,",r.;I,,:i,~,~,~,t;)ger ,~,o.~.., .8. ~.n,? t,~" ,A ~~"..".... .116, "N,..., E:.n.o.la.. ,D.r ' ,~.C1ll1P.",1:,!~p,!,"'p.,~,:..,"",..,'1.';D.()Ji!.,"',.'R,!},:......,~--:;J @.~ /.010 COMMONWI';AI.TH or PI';N:\SYLV ANI" COUNTY OF CUIIIBEHLANIl "!},!'});,!;h~,,1::1..,,,w. (JJ.:f",1!~4". <;:():;:!'!",A. 1 f Kl-I: .. f gC,I,~,i.!l,g,l,l, 1;, ..."...".. "..."". ,,,..,,,,,, "'"'''' "'" ",,,,,,. "'" "'" named in the above application IJein!.: dlll)' "",,,,,,,,,,,,,s,w.o.rn,,,,,,,,,,,,,,,,,, a'TOJ'din!.: t.o law, ~a)' that the fact~ set forth in the ahove application arc t.'lIe to the I",~t of ,~.I1,E!;i.,r:", kllowled!.:e alld helief. 'b"e'f"o"r..e....m..'e..,......'''.., ...." ......,.." ..,.,...", nnd ~llhHCI'ihed] "'J' ;j....':7";~"....,..:""'" "J.'''' "';....c'I.':""'" "" """""..,,,....,, ,,' ..<i, ,,;,,:C.(!,. 'c... ..)LI, ':" .,~, ""\.,;,:(',........ ...."", """"".. """"""~,~~,~"..1.~"'"..,"'"'''''"..,.,,''' A, I)" l!Ja,l"", ,Ltx~:....:!.:""",!r....(;,~<i:(c,y.\.~'".."""""""''''',,.., ,,,..:22(a,,1,,ll,,,,9~(<.~~~'i'~~~'I:"" "",..,."""..,."""""""""""""..",'",,,,,,",.."""".."""",..,,.. Filed: . ....r.~l7,~~~,~X..,~~,~....,l,?,~~..,,,....,,..,,""',,.. n . "",.,J.(J,1;)r.\,'):1,'"..J;;?~,~"""'~"..""ill~ ~:>"; ,.,g P'6 rii Ui:.l:l ;.o::tJ :.c ..,0 C-n ...... ...!~ t.'.'.; ~ co :::~ ,. "~ .,' c. _ ':1"'! ..,',I AttOl'ne,r : OATH OF PERSONAL REPRESENT A TIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } HS: ..:\l,!').r.!;,h,?,..~,:,J!,<?~J,"~);l;~",9.(J.r.f!:"A:,...f.l~,s~,~D.g,~I,'..'".."""""""..""", """"'....""...."",, petitioner(s) being duly ....,sw,arn.................................."".. according to law do ........".. depoHe and say that as the administra ,t;);',i,I;:~,~ of the eHtate of ..,.t\..:J,b,~);,j;",!:\,..,Mil.l~r,.....J,t:,''',..............,.................."...................., ..............................,......,......................................................................,........................................................................... deceased ....they.......... will well and truly administer the goods and chattels, rights and credits of said deceased, aecording to law, And also will diligentiy comply with the provisions of the law relating to Transfer InheritanceH, "..,"',..,',..,"'~~~.!:~..,""",.."....,",.., and Hubscribed before me, ..............~,~??,~...1!'1............,.........., A, D" 19JU.... Rtll4~....,(!l.:,iY~~~.............., ....!.~k!:,g!':r::'Y...):.~L:.J,':.<:~?,f!;.:.................................. ,; i ,J .......?:. (::X1!::.., 1./(..'.. ..:'<...,(?,,"'.6:.:(,1.?::Y.::...... .................., c/ DECREE Be it remembered that on the ............,~~!:-:h........, day of ..............:f.!i!,9,r.~,~,f.y............, A, D" 19...';il,:j..., Letters of Administration in the estate of ................ ..,......,.............,~,t~,~,~~..,~~....~,tg,'!!,;:f....~!:,:.............. Silver Spring Township '........,.."""",........"..,..,....""",..'" ,.""",.."""....""", , late 0 f "",........,..,..",.., ....,......,.."..,....",....",.... ..,.., ......, ......,.... Bertha M. Wolf & Cora A. Cumberland County, Pennsylvania, deceased, were granted to ..........................................,..........'!'lteldnger .................................................................................................................................................................................,...... Witness my hand and official seal the day and year afores~ ~ ",....,"',..,..,':Zll(,~..,e..,;",')J,~ji~~~~.. j ;;2 / ~ I1U..a. O...a1J..'d..ur:":'.ll,?uem.1:... Jv.... em..2. ...,,.'.,3 - y,,-, 1.M J,.L cJ/i?d::, cl..34: (r-tJ 1:0 ,') QUESTIONS CONCERNING PROPERTY TRANSFERS I. Did decedent, within two yenrs of death, make any transfer of any material part of his estate withoul receiving valuable and adequate consideration? (Answer "Yes" or "No" ,) No 2. Did decedent, within t\lll years of death, transfer property from himself/ herself to himself/herself and another party or parties (including a spouse) in joint ownership? (Answer "Yes" or "No",) -1!lL. 3, If the answer to one or two above is "Yes" and the transfers are claimed to be nonlaxable, provide the following information: a, Age of decedent at time of transfer, b. Copy of death certificate. c, Affidavit by the attending physician indicating the state of decedent's health at time of transfer. d, All other information supporting nontaxability of transfer, 4. Did decedent, in his/her lifetime, make any transfer of properly without receiving a valuable or adequate consi deration . therefor which was to take effect in possession or enjoyment at or after his/her death? (Answer "Yes" or "No",) No a, Was there any possibi lily that the property transferred might return to transferor or his/her estate or be subject to his/her power of disposition? (Answer "Yes" or "No",) b, What was the transferee's age at time of decedent's death? 5, Did decedent in his/her lifetime make any transfer without receiving a valuable and adequate consideration therefor under which transferor expressly or impliedly reserves for his/her life or any periDd which does in fact end before his/her death: N a, The possession or enjoyment of or the right to income from the properly transferred? (Answer "Yes" or "No" ,) 0 b, The right to designate the persons who shall possess or enjoy the property transferred or income therefrom? (Answer "Yes" or "No",) 6, If the answer to live b, above is "Yes," was the right reserved in decedent alone ( ) or decedent and others ( ), 7, Did decedent in his/her lifetime make a transfer, the consideration for which was transferee's promise to pay income to or for the benefit or care of transferor? (Answer "Yes" or "No" ,) No 8. Did decedent, at any time, transfer property, the bfl1~ficial enjoyment of which was subject to change, because of a reserved power to alter, amend, or ffivoke, or which could revert to decedent under terms of transfer or by operation of law? (Answer "Yes" or "No".) 0 9, If the answer to eight above is "Yes," was the power to alter, amend or revoke the interest of the beneficiary reserved in the decedent alone ( ) or decedimt and others ( ), . U1~V~.153 EX' (lO.lIO) , COMMONWEALTH OF PENNSVLVANIA OEPARTMENT OF REVENUE TRANSFER INHERITANCE TAX RESIDENT OECEDENT SCHEDULE "D" BENEFICIARIES '\t~ ~~....~ ,. I~ , '~.~.#/io i . ' ,iII~oil, . ,':/!1l!Jt '.,..1:' (llIStfllc:tiCJl/S Oil RC!VI.'rSO Sir/e) Estate of ALnERT H, MILLER. JR. BENEFICIARtES AND ADDRESSES RELATIONSHIP SURVIVED DATE OF INTEREST OF BENEFICIARY DECEDENT BIRTH R..,."hA M :Walf Au:o.t.___._ ~s 1/2 ,...P~..l..o 208 Senate Avenue Carnn Hill Penna, 17011 I'!o,... A. Flickin"er Aunt Yes 1/2 residue 116 N. Eno1a Drive Eno1a Penna. 17025 .- --- -- -- ---- _.-._------~_._-- . The above beneficiaries were living at the time of the decedent's death except for the following: DATE OF DEATH NAME None If additional space is necessary. use 8%" x 11" sheets. INSTRUCTIONS FOR COMPLETING SCHEDULE "E" Schedule "E" must include all property, real and personal, owned by the decedent jointly with another party or parties as joint tenants with right of survivorship, 80th tangible and intangible property are to be included, List real estate first, 1, Describe all real property as Indicated In thc instructions for Schedule "A," Describe all personal property as indicated in the instructions for Schedule "8," Include tile name, address and relationship to the decedent of the co-owrier[sJ and the date the joint ownership was established, 2, Indicate the total market value of the jointly owncd property, 3, Indicate the percentage of the decedent's interest, 4, Indicate the market value of the decedent's interest, r-' >,; tl n E; t'1 :> :E! - :> 0 0 Vl Z tl - Cl (') c:: tl ~ Z ::: Z r-' t'1 t'1 ;>; Z :::l 0 P r< - .. Z Z t'1 ...; t'1 ...; Z P P ...; -< Vl t'1 - :" Vl 0 Vl (~ Z 0 "r1 ...; .. 0 "r1 ::0:1 \0 ~ r:, N " .;" - L'" "., 0 ~~ " ,:;, .....:.: -, ,,- Z te'..)', -, 0(:.;) , .., '-".." ,:;':'.: ~O:: N ~j;::; "" t.'> -< -< t'1 t'1 ~ ~ "So I~EV.4~~ E)(+ IJ.!iOI COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "F" STATEMENT OF DEBTS AND DEDUCTIONS *' -- -.- . ----... - . Estate of AJ.BBRT II. HILI.BR. JR. Date of Death:E.eb.. 5-l981FileNo"J!-<;"j"/I'..UJ WHEN CLAIMING THE FAMILY EXEMPTION, COMPLETE THE FOLLOWING: Claimant Claimant's t\ddress ITEM DATE NO, 1981 Mar. S " " " " " " 27 " u1 9 " II:..' " " " " " " " " None NAME OF PAYEE Re iater of Wills C berland Law Journal Evenin Sentinel Vissa i08 Motel Robart Deckard Kenneth Ginter Tax. Col. lIardsbur Seaplane Base Re~ister of Willa Commonwealth of Pa. Internal Revenue Service John M. Eakin Reaerved for filing Accou Relationship to Decedent REMARKS AMOUNT Ite inter of \;'ills Eatate Notice Estate Notice REnt Funeral E anses Personal Taxes - 1979 & 1980 Commiasion-Sale of Boat Filing Fees 1980 Income Tax, 1980 Income Tax. Attorne Fee t, Notary & Miscellaneous unpaid unpaid at dea atcfea 25.00 18 0 18.00 375.00 1 812.95 22.00 800.00 10.00 h 233.43 ',1,069.20 6 900.00 75.00 , i I ! i I I f I I TOTAL THIS PAGE $11,358.581 I hereby certify that to the best of my knowledge and belief the foregoing is a just and true statement of debts, funeral I expenses and expenses of administration submitted to the tate as deductio~ ~heritance Tax purposes : b1 ,~ .21&" ~1- 51 .NATURE OF ATTORNf::V/FIDUCIARV A E DEBTS AND DEDUCTIONS ARE ALLOWED IN THE SUM OF S OFFI AT PERCENT, REGISTER OF WILLS DATI: ~ENERAL INHERITANCE TAX INFORMATION Unsatislied liabilities incurred by the decedent prior to his/her death are deductible against his/her taxable estate, In addition to debts incurmd by the decedent or estate, other items are claimnble including the cost of administration, attorney lees, fiduciary lees, luneral and burial expenses including the cost of a burial lot, tombstone or grave marker, All debts being claimed against an estate are subject to the approval of the Register of Wills with whom the Inheritance Tax Return is filed, Evidence to support the decedent's or the estate's liability for the debts being claimed should be attached to this schedllie, A family exemption 01 $2,000 may be claimed by a spouse 01 a decedent who died domiciled in Pennsylvania, If there is no spouse, or if the spouse has forfeited his/her rights, then any child of the decedent who is a member of the same household can claim the exemption, In the event there is no such spouse or child, the exemption can be claimed by a parent or parents who are members of the same household as the decedent. The family exemption is allowable only against assets which pass by a will or by the Pennsylvania Intestate Laws, C "tl Cl () > t'1 ~ ~ > 0 0 0 fJl Z Cl () c: Cl ...., z ::: z t'" t'1 t'1 ;;<: Z ;l:l ~ ~ - ~ t'" Z Z t'1 ...., M Z ~ ~ ...., 0<: fJl trl - fJl Z 0 fJl 0 ...., ~ ":1 ":1 ;l:l ~ ~ 0 - ":1 0 "'1 - , Z n I - )- l'"' I c: I fJl , t'1 I c- O r: ,,:': Z 1 C'" C"J 0<: -< ::; ~',' :;,>:: t'1 t'1 ~ I ,;;1 . 50 \.' , (,t:'" . :~:' )- > CJG ~." .;; ;l:l ;l:l , ~llJ t;j:~ , 1 '" N a: ~ _IU I " i I I I INSTRUCTIONS FOR COMPLETING SCHEDULE "F" 1, If the family exemption is being claimed, indicate the claimant's name, address and his/her relationship to the decedent, Enter "family exemption" in the remarks column and the amount claimed in the amount column. 2, Assign consecutive numbers to each item listed. 3. Enter the date on which each debt was incurred and/or paid, 4, Enter the names of each payee, 5, Provide a brief explanation in the remarks column for each debt claimed, 6, Enter the amount of each debt being claimed, 7, The form must be signed by the person who has assumed the responsibility for paying the debts, J INCOME ACCOUNT PERSONAL ESTATE CCNB Bank, In teres t on Certifica te of Deposit No, 23816 CCNB Bank, Interest on Certificate of Deoosit No, 29903 CCNB Bank, Interest on Certificate of Deposit No, 36535 CCNB Bank, Interest on Certificate of Deoosit No, 3976l CCNB Bank, Interest on Certificate of Deposit No. 41653 Total CR The Accountants claim the following credits: 1981 March 5 March 5 March 5 March 5 March 5 Apr, 27 Apr, 27 July 9 1982 Jan, 25 Jan, 25 Jan, 25 Jan, 25 Jan, 25 Jan,. 25 M,1:~ torney tor m~n~stratrices Register of Wills, Letters Testamentary, $ Cumberland Law Journal, Estate Notice, Evening Sentinel, Estate Notice, Vissagio's, Ren~ February and part of March, Register of Wills, Part payment, Inheritance Tax, Robert Deckard, Funeral Expenses, Kenneth Ginter, Tax Collector, 1979-80 personal taxs, Harrisburg Seaplane Base, Commission- Sale of boat, Register of Wills, Filing Fees, Register of Wills, Balance Inheritance Tax, Internal Revenue Service, 1980 Income Tax, Commonwealth of Pennsylvania, 1980 Income Tax, Commonwealth of Pennsylvania, 1981 Fiduciary Tax, CCNB Bank, Box Rental John M, Eakin, Attorney Fees Reserved to close Estate Total $ RECAPITULATION Principal Account, personalty Income Account, personalty Gross Estate Less Expenditures Respectfully submitted, .. '. .l~ , " .~ '(. 'llr l J'..Lv 1;'1~- <~.;~.-.:'; -2- S 6,lL17,56 6,425,63 3,620,51 3,6l0,22 2,655,00 $22,458,92 25,00 l8,OO l8,OO 375,00 17,000,00 1,812,95 22,00 800,00 10,00 2,609,l5 1,069,20 233,43 978,10 7,00 7,600,00 100,00 32,766,08 $ l42,731.l8 22,458,92 $ l65,l90,lO 32,766,08 $ 132,424,02 .. 05 ..'V ;:0 ;l)1''' '.~g .:c.o .--:-1 i-?" ..: "', ::.~ ~~ ." "._~ s ,- III '<:3 ~ ~ :'!. 111 '- ':: ~ 0 'CI; ~ ~ ,- Z l' c :; ~ " ... ~ - Z ~ ~ '.' U '1; ~ :.::: " ;', '-;-1 V " d \I 9 ~ "~t~ ~~~ ~~ .~~. " ~ <{ 5 ~~ " '" ~. ~ .~ ~ ~ . .c .. " .. W ~ ~ .- .' .;1. " Cl ~ ~~- ~ ;; ~ ~ . IX " ( ~~Z c " ~ .' " ." ~J <<l ~ , :l " ., ~~~i~8! '.' " 0 " <> " . -;:; z ~ ,~ .5 ~l .' :1 " Z ~ In g " ~ 0 ~ Ll 8~~6)~ '" ." ,- E - ~ ""~o ;.,:::; ,. ., . z ~ H cO .. " ..0. in ~ \I . < 8 Cf.l~~ ." C'O~ ( ~ ~1Cf.l C {; '..' i. <{ . 1: ..' .1:; ~~~~8w~. <> ." ';" , ~ - Ll .- r., ,', '" ii ,- x W '" ~~C.l ,- r.l -:~ ,.~ ~ ~ ~ " '.~ .~: <;: I ~[:j~~Cf.l~~ ~ r-" ~J .. ~ C'l ~ ,- , -, r-; ~ o ~7 ~ ,. . ',., - ~:D ',>- ':: " ~88~ ~ 51 . ~ . ~ , .:~ .- .~; )'1 .~ ,"..; 7' '~~ ::e ~ , O@ I ~~~ ~~>l ~, c; ,-.. ,-. - '" / ':-,;"':~ 8~Cn~ ~ .. '" V '~ '..-, :: , '~.. <.... <r' g U) U) :~ '. " .~/ I C) .. ,. :~I~ ~~~~~~~ ~) " ~; ~ . ;;.. -~ ~ :: , . .' .. "' :~ , " '" " / 0- " " ,. ~ . .~~ " ~ . / / / ~, . . '. ~, FIRST AND FINAL ACCOUNT OF BERTHA M, WOLF AND CORA A, FLICKINGER, AIMINISTRATRICES OF THE ESTATE OF ALBERT H, MILLER, JR, LATE OF SILVER SPRING TO~mSHIP, CUMBER- LAND COUNTY, PENNSYLVANIA, DECEASED, IN THE COURT OF COMMON PLEAS OF CilllBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE 21-81-120 Date of Death - February ~, 1981, Dates of Estate Notices: Cumberland Law Journal, March 13, 20, 27, 1981, Evening Sentinel, March 13, 20, 27, 1981, DR The Accountants charge themselves as follows: PRINCIPAL ACCOUNT REAL ESTATE None PERSONAL ESTATE CCNB Bank, Certificate of Deposit 23816, CCNB Bank, Checking Account 018-424-4, Polyclinic Medical Center, Refund of Hospital Bill, $ 128,000,00 6,688,94 2,134,90 241,20 4,000,00 1,012.80 653,34 $ 142,731.18 Cash, Crest Pontoon Boat wi motor, , Railroad Retirement Board, Death Benefit, Railroad Retirement Board, Annuity Payrnent- February, 1981. Total -1- INCOME ACCOUNT PERSONAL ESTATE CCNB Bank, Interest on Certificate of Deposit No, 23816 CCNB Bank, In teres t on Certificate of Deoosit No, 29903 CCNB Bank, Interest on Certificate of Deposit No, 36535 CCNB Bank, Interest on Certificate of Deoosit No, 39761 CCNB Bank, Interest on Certificate of Deposit No, 41653 Total CR The Accountants claim the following credits: 1981 March 5 March 5 March 5 March 5 March 5 Apr, 27 Apr. 27 July 9 1982 Jan, 25 Jan. 25 Jan. 25 Jan, 25 Jan. 25 Jan, 25 Register of Wills, Letters Testamentary, $ Cumberland Law Journal, Estate Notice, Evening Sentinel, Estate Notice, Vissagio's, Ren~ February and part of March. Register of Wills, Part payment, Inheritance Tax, Robert Deckard, Funeral Expenses, Kenneth Ginter, Tax Collector, 1979-80 personal taxs, Harrisburg Seaplane Base, Commission- Sale of boat, Register of Wills, Filing Fees, Register of Wills, Balance Inheritance Tax, Internal Revenue Service, 1980 Income Tax, Commonwealth of Pennsylvania, 1980 Income Tax, Commonwealth of Pennsylvania, 1981 Fiduciary Tax. CCNB Bank, Box Rental John M, Eakin, Attorney Fees Reserved to close Estate Total $ RECAPITULATION Principal Account, personalty Income Account, personalty Gross Estate Less Expenditures Respectfully submitted, -2- $ 6,147,56 6,425,63 3,620,51 3,610.22 2,655,00 $22,458,92 25,00 l8,OO 18,00 375,00 17,000.00 1,812,95 22,00 800.00 10,00 2,609,15 1,069.20 233,43 978.10 7,00 7,600.00 100,00 32,766,08 $ 142,731.18 22,458,92 $ l65,l90,lO 32,766,08 $ 132,424,02 wI.. ;';OmNrf::~rt)1: :.:ZJ.q'T~\'/F. ~ __.._Jt!J:€.i!!o-1,n;)TF':_"_'~"'r_"_ , , -("'.-,;";' v'l"C-1 I~''''(' ,-""..r,-..,) ~.( -'r;-".\._~_, \.......".~ ,.. '_ \ . 1\ '~, Ii ol...>' .....'. .' '., f,\ '\ \ ,'. ''\ I, .\.... ~~~vqH\ O( \'~'~~;\\~fi0'R-' ~ \~ ',~j 2ttl(:':::,r 'JJiq 2t!F::-~r;.l"~~~"(,fJ jIGfOI.t'J ~.,~ \\. , r.;r~" r~ ____._~__.._~:~~: :: .:.._ .~~J l.~ x~r .":.~~~.:!:..._.__~"..__._ ... "~_'n'___'_' 0_ ";:', I,', ''7' co 1.:.:.,:. 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" ." lo/ . z 8"i' " " . ;hi (J)~~(J) ,p<~ ' '. ~ ;; '~~ c( < <( :- ,~-, I r ~o ,tJ~Ul ! ~ I:: " W u " 0.. ~ W ..c: .' ~~~I~~~ ~ c- " v, I ~, .. . ~,i "";:; ~ " " .!.: (; '-' . Z/ "- :u " is o~ p<~8 Ul ~ " ,I '" h " .' ': i::: '-. ,...., ~. ~ .j.; ~. I- rh ci ..:_ ;; '- CJ .~ ~. - c; ,C: ...G .:-~ c :-: - ~ ~ ;) 'J .-- r~ :~ ......: ..- ~: " _... -:. . . , CO~MONWEALTH OF PENNSYLVANIA) )SS: COUNTY OF CUMBERLAND ) JOHN M, EAKIN, being duly sworn according to law, deposes and says that the facts set forth in the within Petition are true, /m.~ ohn M. Ea ~n " Sworn and subscribed to before me this ,/ t~ day of February, 1982, /'" c, 1::/ ? (' '{1'~ /ll. " :N'~,U Notary Public \ll,.,"11Ultll", \\~.'f1. 'I, ""~:"'l'J.y..;t;f~$sion Expires: ~"'''.....~ ~.'~'Ij::"I(> 0" .r;,,: ~. ~"'.'\/',. ',I."J''''~''.ft.~. . ,_ ,,'.,. ':":r.. r:-/,~ '~~li~'j,~~!KUl. fJUrdliY f'lm,IC i '; ~J1IMEI:II!NI?Sflill(V IilRO, CU~:R[r.I.Mm COUNTY . ; ,;"\:~'~'~llY c9W'~:O' [~,PIRES MAY 13. 1984 "t. ~.,. 1.~tfl!mh~/~sYlian,a ASSOCtilhOtl 01 fJolafJes. , (; ,:'IISy"I~ .,~" l ". /.'......:':..!...~..... . -"'..,'" Ii 't' ~) \\ '\ v... '" . ...' "'''1'''11'''' . BOOK lOb i ;,'. '::2 -4- ~ , ~-' ." ." -::J ::> n 1-< ~~ ... j::l III 1iI01l< ~ I'Q H CJ) III o-'l~;!: ~ Z 0 ~1-<CJ) ~ ;<:1 o l' ~~15 ~~ -u ;t~~- HO ~o-'l_><~ 01 <l: S ~ ./. ~~s 0 OE-lj::l HI w ... i 0. -E-IS <( " ci 1iI. m j::lOO 1-< ><:" 0 ,. E-II III ~ ~ 0: ~ I <>:.,;<:U~ ' :l 08~o:j 1-< H H HI z a III CJ) ..~j::l;<: Z ~ . U1 ~!8 ' 1iI><:1l<~~ E-II - 0 ~ tJ ~U1 :> Io! S . - ~I . z o-'l pjo-'l <l: . <( .. o-'l ~ >< . J: ~!~; g;J~g:~~ >>.<1 w tJ '" H~;<: I :z: 'H ~ i::i ~CJ) H;!:CJ)U>>'< O~ .. . -0::0 :.'J~ .J,:", ~ji ,':J :} z o H S ::> n1 H cG E-< Ul H o A [il Ul o o. o po; n, .... Ul [il U H n.. l:'.. 1,1. ;}, o ,~ [-< ";Ul !- 0 H Z U z ::J A t"j ~ ~ o ~:-: ~ .. 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O:::J... :;;"'oIH,) ~~ JliI"'Win t:... r..' oJ Z :::J m 1iIIIIIl...J c( 0._ ~~J: c;,~ .u..~ c:~ UOO :::J ~ cr 00 .......WW t) I1l ,....~J: '00. .....00 I- 0 . 1ooiI4(BlL. .!S!~ <We ~.~ ""cr", D'" .c a: E t3 "' , -J () () I.N IU:: I:STA'I'I: OJ' AJ.I\l:H'I' II, NlI,I,I:R, ,Ill., II\TE OF SIJ.VI:R SPRINt: 'l'U\vNSlIlI.' , CU~lIl1:RJ.ANIl CUUNTY, PI:NNSYI.,VANIA, 1)1:C1:ASEIJ IN '1'111: Cl)IIHT lIl' CO~IHON I.'I,I.:AS UF i:11~lIl1:HJ.I\NIJ COIIN'I'Y, I.'I:NNSYI,VANIA OIH'IIANSI CllIlHT IlIVISIUN I:STA'I'I: NO, 21 -H 1-12U ~~AINI\N'I"S UII,IU:'I'IONS Mil I:XCI:I"I'llINS TO ACCOIJNT ANI) NO\v l.'11I1IeS VI.SAf:!:lU'S, I.NC, , Cla,I,,",,"t ill tilL' \Vitlt,ill mattel.', by its Attlll'lIeys, SNEl.oIlAKI:H, ~I"':ALI:II" 1.:I.ICI(i:H, alld l'l'sJl"I'I:I'IJlly ex"epts allll IIb:ie"ts 1.11 tit" 1:':II'Ht al1d I:'ll1al. AC'l'll\lI1t Ill' 1I,,,'tl1a ~1. IVIILl' alld CUl.'a A, FI,i.L'I,.i.Il~CI.', J\tlIllJn:i.str'atl,jcl':-; ul' thc' l:statt! lJF ^IIH!I'L II. HLU.t't', 1)1'., Deceased, as fuLlu\vs: I, 1l1J1'il1~ Ids I.i 1'<,tlm", 1\l1wl't II, NJI I.CI', ,II'" (llol'eal.'t"" "1)""0- ,. dell t") \...a6 tlw lll't'upanl: as it tl~ll;lIrt n [" Cl!l'ta.ill U v.i.ng ilC'('UIlIllHldu ti UIlS in a motcl IH'Clld.scs III"at"d at (,'1')11 IVCI'ty,viLll' Ruad, 1.:III>1a (S.ilve.' Spring '1'(I\vllsI1Jp), Cum!Jel'lalld CUUl1ty, I."'IIIISYI val1.ia. 2, Said p.'cmJses \VCI.'" I.,,,"ted to Ilel'edellt hy VISA(a;l,ll' S, INC, (her.>caftcl' "C.Lail1lilnt") a PenllHytvilnia (!lH'IH_lI'atinn hav.lng its prIncipal uffice at h~E)n \\leL' l:y; v111(\ Huitt! ~ Enul.a, I) c.:'1ll1SY LVilll.ia J.7U2rl. 3, llul'illg hJs """uJlal1L'y II L' sa,! d I"'emeses, Il""edent abused Cl.aJm- antIs IH'(:!IlI.i.ses by pel'Jldtt.i.ng eJgm'cttc UI' uthel' eall~e~ to bUr'n earpcting and fllL'llittll.'c, lll,.i nat:i 1l:J; nil bed and l~al'I)(~t ~ spill; Ilg [uud and beveeagcH un flll'ni tUI.'e and car'pc t, IJ Leed ,j Ilg nn l'lIl'nJ tlH'C and f'ill'pe t and gencr'ally tlilmaging the pl'cmiHcs and :i. ts contents lJ(~ylJnd nOI'I\1;.I,1- \oJcal" and teal'. II. The IJcc'L!dC'llt died 011 01' aIHHIt: l:'(~I.H'Ual'Y S, llJHI, and the above nal1led A,hn.in.istl'atr',kl's \Vl'I'e duly "ppu.illtl'd by till' Rl'gIstC'I" (II' Iv.ill.s of CUlIlbCI'lal1d Cnunty, Pl'l1l1syJvanja to adm.injstc'I' tlw Ilc.c'edpntls Estate. LAW OFFICES SNEL.BAKER. McCALEB a EL.ICKER _S. ,] ulm N. Eakill, Esqll,j I'L', nppcill'S till till' I'cl~())'ds of Ha:i d Re~.ls tel' ~ " -" c ;; 0 .c '" ~ :.; .' " ~ " "' " . '.. 11 :::j ~~ ~~ ~~.i ~ c ~ .~ , f ~ " ':/ ,f,J .- ....~ " ., " I, ~ ~ , -, 'J ~~ I": " c:; " , '.r. I/! ;.r. u " " ~~ I/! ~ ~ ' gj .~ ~ ~ ~ ~.; ~ .~ ,,. Z c 0 :'" ~,- . , " - 0 l' z~15 ~i~~~~~ ~ '.' [; :;.; It ~ z - " " " Ii .~ 1: " " " <( " .( ~p.,tijo (i ., , " '2 :; ~ " a. U) ~~~~. c .~ if, " of w ~ . 8 .!;!~ " '.j :.; ~ . a " ,., .. " ci ~S.!. . ' , .. ..; .., >::. ~ ~ ~;~~ ~~ r: ';; ... '" <<l ~ D: ;8~~ " "" " " ", , ::t ~ t: " " "" " 'J 'd ',.I " Q ~ ~ " " ti Z OJ H ,n ~'; ~. " z '" ~ III ;1~liii i:: c. " ." ~; .. :.1 0 ~ u ;8 ' c ~ "; ~~ ~ , s "" H ') " " ~\ ..., , It " Z <1 '" ::1 . 8 - ~ "" '.J ,) , " ;, <( . <( ~ 4., , ." . I: :~I~ ~, c . , ., . ;~ , w u ~ .. ., :;3 w 'B r:: )~ I ~~ ~~~ " ., 'j " E u " 1. f;' " , ,.-, >, ' . " c " v " .. , " .~': ,j .. .c .- - , - . . ,:" ." AT AN ORPHANS' COURT, Began on_ __ _ __ _'l~l!.E_S_D_A_Y__ __ _ _ _ _ _ _ _ _ __ ___ the_ - - - _2_nsi_._ - -- _ _ _ __day oL _ _ _l>!!I..R_c~ _ __ _ __ _ _A. D. 1 L~~_, and holden at Carlisle, in and for Cumberland County, before the Honorable Dale F. Shughart, President and Sole Judge the following proceedings were held to wit: THE PETITION APPOINTMENT OF AUDITOR m!J'L~.;..~~.~~~._?_~..!'!~.:f._~~~!_~_~!...J!I'I.:~ OF, SILVER SPR ING TOWNSHIP. ~- ----------------------------. ...---------------------------- -------------------------------------------------------------------------------------------------------------------._--- -----------.---------.---..-----..--..----_.__~~~~..(l~.__C;~Jl!\~.._._._.,._.____......___..___.._.__..___....._.__ -..-----ANn-l1QW.___l!!aJ;:9J:L~L:),.~~~'._Q~ytc!_f?~._~~.!_!~;:!..'!!:!l_ql;l.~E~!..E~..~_~~..~~._.... .-.her-ebY--.apIlQ1.I).t~Q..j~JJgtt:.Q);'_.!:.Q__E1!~.~.._~Efl.~_.~h~..~~~~.P.~.;~!1.~.._t:~_.~.I}~._!=.!_I'}~! ...ilClCL()JJlltc.JLIl..!;JbL~._iltl.Q_'l~__El.!!_t;~~.~.~.______....._....__..._.....__..___...._.._....__._.._._...._._._._ '.--....-..m-m...........m.--...--..____..._mm...__h......._.._BY-..!;.lJg..C.9_lJ);'j:;..___.._.__..mm_____. ..-nm.......-----.-m.-.m..--.._.....__n..___m._,...h_...._.__..Dale__.r..._.S_I)JJghc;t..~.t..._...._...._____ P.J. -----------------------------------------------------------------------------------------------------------------------~ --------------------- -------------------------------------------------------------------------------------------------- ....-~t:.C!.t~..9.j;__~!l_{l.l}.~~Jl.1{_C!f!~~_._.._.....___.__..._.___...._...._.___._.__..__..__...._.___..__..__.._______ -----~~-~~.~~_.<?_1;__~~~~3!!!~_._.___....___....__._._....__.___.___.....__.._._..___..__....._.._.,________ ._mmm.P-!l-_yJg..R!..lS~Jl_!_~~.!m~!!g!_!~E~_.I:?~ing duly sworn according to law, - ------------------------------------------------------------ nmgl[!.P.Q!!!~~n~f!!!..!!~~~_J,!!!'!.E..J}~u~~.g..E~;_f~EJ1l the duties of auditor in --- ------------------------------------------------- -.,--.j:;hli!-.~~9.y_E!._~~J~J:~_~.~.t:Il_.~_;~~.!_;_t:~_" :;;;;fjf::l~~ - ------------------- --- ------ - ------ ----------- nn--...-.-n.-...n..n...___m____"______h......nhn._..._.m.n' .~__ Auditor ------------------------------------------------------------.----------------------------------------------------------- ------------------------------------------------------------.----------------------------------------------------------- .--J~~fl.~{l..~!l.<i_..!!!_!~~_~E~~~.cl._.t:~___l?~~~;_.c:_.~e this ~ ::::~:~~~~~~::~:'~:.::::::~:::::::::_:_:-::::-::::-:::::~::::-:_--:::-:-:::-:::~::~- ~-.C;;J,~~].u~t:..9.I;'E!1~-l}-~.~~-.I,1-I;'.t:nl?;.1I:~s.~<?!!.n.--h-.-..h-.m"""m"__'_"'''''_''''_'''_mnm_ .mG~-~.I;'.~~<i:~~!-!I}.t:y.-.!'.c:!!!!~~...___.m_m..hm.hnh_m..._..._m_"'''hm_m'_''''___m____ ------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------ .----------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------- ----------------------------------------- .------------------------------------------------------------------------------------------------------------ .-------------------------------------------------------------------------.. --------------------------------------------- -------------------------------------------------------------------------------------..---------------------------------- --------------------------------------------------------------------- --------------~---------------~-----~------~------- ------------------------------------------------------------ --------------- -------------------------------------------- ._----------------~------------------------------------------.-------------- ------------------~---------------------~--- ._-------------------------------------------------~--------.---------------------------------------------------- .~---------------------~-----------------------------~-----------------------------------~----------------------------- ._~---------~-----~~----------------------~-----------.._-~-----------------------------~----------------~--~----------- :1.: =r " 0' c: I....:" 0- OJ C.: (1::;..... c: ,. C'"L.:.: Ul...~J' N ~L"'': ) IX' '-' AT AN ORPHANS' COURT, Began on___ --- -~~-~y- --------- ---- --- the_ _ _ _ _2_n,!i_._ _ _ _ _ _ _ __day oL _ _ ~~~_ _ __ - ___A. D. 19_ !I~-, and holden at Carlisle, in and for Cumberland County, before the Honorable Dale F. Shughart, President and Sole Judge the following proceedings were held to wit: THE PETITION APPOINTMENT or AUDITOR .n~~..~.!..~~~~.!i.!..~~~~!.~....!....~!B..~.~-....-~~-~~.~!~:'I~.~~.~!i~~!........ ---~--~~-----------~--------------------------------------_..-----~----------------------------------------------------- ..__._...____________._____..__._.._.___.._...CIJ!I)IlJt-.O~.-J:l)llIlT...__....__.._._..___..___._.._.._._....._.._____ .___.___ANt!._BOtl.___I:.~h._~._.J~~~....~Y..~9._~_~._~_),},~;:._.~~~_~!!r_.~._~_f!~n~.IjI____._ ._.her.lilbY--.appQ.1nt..d-.g~L.~gJ:n~.Q-.IN!.Ii'-I!..~I!9..(l.J;h~--~~~~.P.t:j,Q!.l1]l..,!:~Lt:MnfJ~:!:. n...CC.oW\t.-.innthlLa.bg~l~Le.IjI.!:~!,:-~..-----n.---n-.--m---m----.-m-n-_____._nn.______.mmm ..._.._.__.______._...____.__.._.._._._..__..._....__...___..._...__.__..El~-.tllJI.-(:l)l1J:~,.-.-...-.--.......--..-. .._____n.n_n_nm_...m_.__m__.._____._.__n_'.__.____.....m..__._Dale.-J!'~..shughaJ:t.-.-.n-n-.--n-n ----------------------------------------------------------------------------------------~_!~!_------------------------- -----------------------------------------------------------_.---~~-----~------------------------------------------------ ".mlil_t:~~~__.Q.f_J~f}_I!!!~.Y~~~~l!_m_.._m..____.nm____..n._.__..m________..._m...mmm-...---... .__._~.C?_~!:.lf..~~--~.~~-~~~.-....-..-.--....-.--...--.--.--..-.------.-..-..........-.-..--..-.--..------. .._..._._.._P..lll.y.~~..liI..__~~.),~!,_.~!q1,1.~.;~_.~.~.1).9__c.3.1,1Jy ,....~~;1l..~~~~~~~~9...~~.-~-~~!- __.._~.~pQ~f}.IjI_.~~~_.!!l.YIjI...~.~..~~.!'.i:g_~.~.~~~_.t:~!.~~~~~.~--~~.~~~~.~~!--~.--. ..._.!:_l)~__~!?_Q~~__~_~_t;~~~..!!~~_l)._~~c.3..,_lL~!:.Y,.....___-..~~.-~:~~:..-:~..-~~-.-.-..-...-..-.--- ._.__...._...n.n.___..m..........m_.._.._.._.._m_...n......_L_. _. __..J ,M. ,t-<. -"-'-' Auditor .----------------------------------------------~----_.-----_..~~-----------------------------------------------..-------- .-----------------------------------------~---------_.------_.~-------------------------------------------------------- ...~.;~_.Il.l1~..~~.~~;~_~~._~_C)_.~.~.C)~~_~_._t;~~Ii__.__....-.-.-..-....-.....-.-.-.-..-..--..-..... .._.~~~~){--.~;t2~~~.c..-lL~~?-.~~~.-......--....--.-..---.--.-..-..-..-....--..-..-.-...-..-..-.-...-..- .-.;;~~~~::~~~;~;:;~;~'~~;~~:~:2~~;;t;L~~~~~~.....---.-..--..-.-..-..--.--..---..-..-..--.-.--.-...-.....- .______.-.. _ ..'._ .___~-- .__. __.. n'. _. __m" _ ____.._m.nm_..__.n. n.____.._ ...mm......_.... -'-. ---' ......... ._.~~;~.r1~-.~t).~~y..~~~-~.!m-.....--...nm-..-..n.-..-mmm-m--.....-..-..-.....---.....-. -------------------------------------------------------------~------~--------------------------------------------------- ~-------------------------- ---- --- --------- -- -- -------------. ~~- - -------- ~- -- -- ----..------- ------ ------ ----------------- .-------- -- - ----- ---- --- --- ---- -- - --- -- --~ -- - -----'.- ~-- ------ ~~ --- ~ -~ --~ - ~-- - -~ -- -- -- -- ---- -- ~----- -------- ------ ---- --- .----------------------------------------------------------------------~----------------------------_.._----------------- .---------------------------------------_._--------~-------------~---~---------------------------_.--------------------- ._-------------------------------_.----~-------------------_.._-_._----~_.-.-------------_.----------------------------- .-- -- --- ---- ---- --- -- - ----- -- -- -- -- ---- ---- -- -~ -- ~ ----. -----"- ~ - - ~ ~ -- - ~. - ~-- - - - ~ - -- -------- ~ --- ---- ---- --..--- ------ - .--- .----------------------------------------------------------_..-~-------------------------------------------------------- ----- ---- ~ -, - - - ~ -- -- --- -- - -- -- -- - - - - ~ -- ---- ~ - -- --- - -. - -- ----_. -- -- - -- - - ~ - -~ -- - -- -- -- ---- ----------- ----- -- -- ---- - - -- ----- .--------------~---- -------------- ---_._~--------- ---------.---------- ~------------------------------------------------ ._--~-------_._------------------~_._--_.~._-------------~-_..----~-~-----~-----_.----~-------------------_.------------ . --- _ ---- _ -., -------- _ ---- -- -~ ~ _ _ ~ _ -- -.--.. -- _ -- ~.. _ ~ ~.- --------- --_.-- -----~--------~----_.~-- ---- ---~---- -~ ---- ----- - --- ---~ - ------ - -~--- --~-~--- -- ~ -. ----- ~ - -- ,.-.. -.., _. - - ~ - - -----~-_.. - -- ..-- - -- --. ---- -----. - ------ ----~----------- ------------- i ILE[I'OFFICE or Tilf Pr:OTHONOTARY ""f": ;",I,\II~I COU,ITY ':1.',' ',' ',:'11,', MAR 23 I 32 ~H '82 ~~ (', ~~~ }:~~ "' ~~ "~"'" "' z c ~~~~' I'') o t' ~ ~15 ~ ~ z ~ c,' ~ c( ~ HO ;~ (j UlC'J ;< 15 w ~ ii Il. 8 ,~~ , ;~ ~ ~ ~-~ -:~ " ci " ~ ~ "' ~ ll: ~ooo ..:c " ~ ~~ ~ :~~ H ~ , :J ;< ;< ~ z " III 8 C'J ,. Z ~ ~ Ul ~18 ;< liI~~il<ci .- - c ~ tJ S " - II ~ z ~~I; - -ril ~~~~~ 4: I ~ W tJ S~5J8~ w I S o~ ot.: - ....... I I w , . ,'" 10,) It is admitted the claimantls claim has been rejected by the Administratrices, 11,) This allegation is a conclusion and requires no answer, 12,) After reasonable investigation, the Administratrices have insufficient knowledge to determine the truth of the averment and proof thereof is demanded, 13,) After reasonable inves tigation, the Administratrices have insufficient knowledge to determine the truth of the averment and proof thereof is demanded, 14,) After reasonable inves tigation, the Adminis tratrices have insufficient knowledge to determine the truth of the averment and proof thereof is demanded, NEW l'l.ATTER 15,) At the relevant times prior to February 5, 1981, premises at 6990 Wertzville Road, Enola. Pennsylvania. were not owned by the claimant but were owned by Honder Why, Inc, 16, ) At the relevant times prior to February 5, 1981, the furniture, carpet and other items of personal property which claimants alleged were damaged by decedent were not owned by the claimant but were owned by \~onder l~hy, Inc, - 2- 17,) On or about January 30, 1980, John C, Spahr occupied the demised premises with de~~dent Miller and this joint occupancy continued until shortly before the death of John C, Spahr on January 21, 19S1, lS,) On February 28, 1981, Visaggio's Inc. was paid $375,00 representing February rent in the amount of $250,00 and two weeks rent for March in the amount of $125,00, 19,) On March 2S, 1981, Visaggio's Inc, was notified in writing delivered by John M, Eakin to Rosemary Lumadue at 6990 Wertzville Road that the forwarding address for all matters pertaining to the occupancy of the demised premises by decedent Miller was in care of John ~1, Eakin, Market Square Building, Mechanicsburg, Pennsylvania, Attorney for the Administratrices, 20,) Visaggio's Inc, never gave written notice of any damage to the premises within thirty days of the date of termination of the term for which the rent was paid, WHEREFORE, the Administratrices move for dismissal of the claimant's demand, A"o " y for A b':' ~~,'r E"'" -3- cO ~,) ,.} .0 ~i E-< A::~ E-< III ~Oil< ~ .:'ls >0 H ~ III ~~zo ~~;r: CJ:l E-<O Z 0 E-<Ul <l; ~~ 0 r- ~ z ~ ~~ <a; .~ ~ 5 ~..:I_> ..:IE-< " ci ~HI ~ z ~.-< E-< A:: " 0 . U tll > . It g, ~N "'''lZU<l; UJ ~ " :J E-< H H OZ Z 0 III . UJ .p:; ~:ij E-<O Z z UJ ~8.., ~P:;il<~ H - 0 ~ u ~8 ' ~Ul :> A::E-< ~ ~ . Z z 8 . ~ ..:I H f;;~ . <( .. ..:I p:; >< -~ <( . 1: ~e3I~ ~H~~UJ UJU W u ;:;:::>~z :ijij '" ..:I.Z I Z 'H ~ Stlo~ H;r:UlUP~ o ,,;0 ~.~;~~ '''r) .,.1 ,p.... :'1 ., ~. :!. , . H. OC c N I....' Cl. ;-';1. C'). 0- o '.:~; C.~l , "'" c:)~; .. .... Uld "'~3 ~C~ N L~t.) !?" .., c, vJ)I "C 0 --;::8J v;ftvv V,?.J 'z:; / "} (fr~~G I ~: L,;{,;V} (~,.-", LAW OFFICES SNELBAKER. McCALEB &: ELICKER IN RE: ESTATE OF ALBERT II. MILLER, JR., LATE OF SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUN'l'Y, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE NO. 21-81-120 CLAINANT'S REPLY TO NEW MATTER AND NOW comes the Claimant, Visaggio's, Inc., by its Attorneys, New Matter SNELBAKER, McCALEB & ELICKER, and responds to the as contained in the Administratrice's Answer to Claimant's Exceptions: 15. The averments of paragraph 15 are admitted. However, by way of further response it is averred as follows: (a) Claim- ant was the lessee of said premises from \'1onder Why, Inc., and as such was the full operator and innkeeper with respect to the dec- edent as the guest of such premises; (b) Claimant was fully res- ponsible to Wonder Why, Inc., for the condition of said premises, being required to return the same to Wonder Why, Inc., in an un- damaged condition in the event the premises were returned to Won- der Why, Inc., and (c) subseqt1ent to decedent's death, Claimant exercised its option to purchase said premises (said option exist- ing in its lease with Wonder Why, Inc., which option existed throughout Claimant's relationship with decedent) and did purchase and acquire the same together with all of Wonder Why, Inc. 's in- terest in said premises occupied by decedent, including any claims which Wonder Why, Inc., may have had for damages. 16. The averments of Paragraph 16 are admitted. However, by way of further response, it is averred as follows: (a) Claimant was lessee of said furniture, carpet and other items of personalty (hereafter "damaged items") from Wonder Why, Inc., and as such was the full operator and innkeeper with respect to the decedent as " the guest-user of said damaged items; (b) Claimant was fully res- ponsible to Wonder Why, Inc., for the condition of said damaged items, being required to return the same to Wonder Why, Inc., in an undamaged condition in the event said items were returned to LAW O"FICCS 5NELBAKER, McCALEB &: El..lCKER ~onder Why, Inc., and (c) subsequent to decedent's death, Claimant exercised its option to purchase said damaged items (said option existing in its lease with Wonder Why, Inc., which option existed throughout Claimant's relationship with decedent) and did purchase and acquire the same together wi th all of Wonder {'1hy, Inc.' s, in- terest in said damaged items, including any claims which Wonder \~hy, Inc., l:',ay have had for damages. 17. The averments of Paragraph 16 are admitted. However, by way of further response it is averred that the said John C. Spahr did not occupy the premises at all times between January 30, 1980, and the date of his death, particularly during his last illness, during which he was hospitalized. 18. Admitted. 19. The averments of Paragraph 19 are denied. On the con- trary, it is averred that John M. Eakin delivered no written noti- fication as averred to Rosemary Lumadue. 20. Admitted. By way of further response it is averred as follows: (a) No such notice was required under the Innkeeper- Guest laws of the Commonwealth of Pennsylvania, and (b) No such notice was required under the Landlord-Tenant laws of the Common- wealth of Pennsylvania since no notice was given by Administrat- ices as to the "new address" of the "tenant" as required under said laws. WHEREFORE, Claimant prays that the New Matter be stricken and belief accorded to Claimant in accordance with the prayer of Claimant's Objections and Exceptions to Administratices' Account. "-' SN~LB~:E.. M ~EB & ELICKER By-,-{<,i'ad'-; "bUt! ~J 'A\;"torneys for Claimant -2- : c5 ~~ "'~ -:: :.'.:~ ..~. ',-" , " ., UlH . ~ 0 Z ..;Z ::OrilZ 0 f,1";Z 8~~ "" rJJ H:>OO 0 ~ p.,HHN ~H~ ;>IUl..... rilUlril Z Ztf.lHI a:l a:l - 0t98 .., OZ:>..... H",,=<:"; HZ~ olj . < < ~ZHCO ";O:::>H UlHO ~ t rilOI UZ ZHp., II: . . ~ d op., ..... ""riI ..; rilH~ ~ ~ , U 8N 08 -:> 8"" ~ i r.l . r.l ;>IP:: ..;p.,H X 0 t ~ E ~ ",,8:::> rilHH;>I riI~Ul 0 . ~ ~ o z 0 . 8 ::OUl 0- ~ .. , 0 ~ ~ :::>UO ..; - Ul Z ~""~ z . 80 Z 8 '~Z 0 0 ui . . 0 i ::l P:: U- Ul~ riI ""ril8 ~ 0 ~ ~ . ... ~ :::> Ul~ ~"'Oil< =<:H ~ ~ ~ 00Z8 8 0 ZHO ; tJ UZ";"; - - ~ 08:::> ~::O8 ..~t9;>1u) H ..; riI p.,U) ~rilZ8"; 8 ui ::OP::~~ P::HHZ~ H II: 8~0 H~:::>U 8 ~ a:l ZHp.,O~ riI Z=<: H=<:UlUO p., H:::> " 1u1~. , iH.:V.l~OO ~X + (').81) BUREAU OF EXAMINATION PENNSYLVANIA OEPARTMENT OF REVENUE P,O, BOX B327 HARRISBURG, PA 17105 INHERITANCE TAX RETURN RESIDENT DECEDENT /~ .v~(~/.L/y Filo Numbor .z.I- r?/~ t!l/ t>Z" =-:, CHECK 7: 1. Originol Return ~ Docodonl's Addross 6'19(' .0~,';A I .?~ 1,('y..?- J~//~ "t'.1. &. ,/ 7CJ-z.rr 3. Romoindor Roturn 0 APPRO. PRIATE 4, Lile EstllB 0 5, Fodoral Estato Tax D Roturn Requirod, 6. Docedent died t..tate 0 7, Decedent mainteined a living D 8. Number of sale deposit D (Attach copy 01 Willi trust (Attach copy 01 trust! boxes inventoriod All co"..pondence and conlidentiel tex inlormation should be directed to: BLOCKS CORRE. SPONDENT Name Addre" Telephone No. City Rocapitulttion 1. Real Estate (Schadule A) ( 11 2, Stocks and 80nds (Schedule B) ( 2) 3, Closely Held Stock/Partnel$hip Int"..t (Schedule C) ( 3) 4, Mortgages and NoteslSchedule D) ( 4) 5, Cash & Miscellaneous Personal Property (Schodule E) ( 5) /";.;;; 7 ;!4'j / RECAPIT, G, Jointly Owned Prupertv (Schodule F) ( 6) ULATlON 7. Translel$ (Schedule 61 ( 7) 8, Total Gross Assets Itolal lin.. H) AND 9, Funeral Expenses Administrative Costs/Miscellaneous Expenses (Schedule H) ( 9) /~..i';J7. n TAX 10. Debts/Mortgages/Liens (Schedule Il (10) 1" Total Deductions Itolellin.. 9 & 10) 12, Net Value 01 Estate W.. 8 minus Ii.. 111 CALCU. 13, Charitable Bequests (Schedule J) LATlON 14. Not Value subject to lax Iii.. 12 minus line 13) Slate (81 /"0 71,J1. Y/ (Ill /~ ,;}.r? ;-$ (12) /,.;1 ft.. .l/.3:r ,~.a (13) (14) / ? t{,. ":f.4' ,J': iJ tJ Computatiun of Tax 15, Amuunt 01 line 14 texable at 6% rato (15) (include values Irom Schedule K) 16, Amount 0lline14 taxable at 15% rate (16) L;lt:" 'fJf ;/,i (includo valuos from Schedule K) 17, Principal tax due (edd lex Irom line 15 plust.. Irom line 16) 18, Total Prior payments: (a) Amount Paid (b) Plus Discount (c) Minuslnterell (18) 19, Balance Due Wne 17 minus line lB) Make Check Payable to: Ragistar 01 IVills, Agent ... PLEASE RECHECK MATH'.. x.06= x,15= "zt.} ~ (, :). fa (171 ~:cJ. ?" (;',:J. If{l , (19) Undor ponallies of perjury. I decle" thet I have axamined this return, including accompanying schedules and stalamenls, and to tho best of my knowledge and bolief, it is true, corroct, and complete, Declaration of proparer olhor than tho personal reprosontetivo is b..ed on all inlormation of which proparer has any knowladgo. SIGNATURE OF PERSONAL REPRESENTATIVEISI ADDRESS DATE SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE ADDRESS DATE 'SS3~aav ~a, ~008 NOll~n~lSNI xv 1 3~NV 11~3HNI 3Hl 33S '3S~3^3~ 3Hl NO NMOHS A1NnO~ 3Hl ~O, S111M ,0 ~31SID3~ 3Hl 011N3V'JAVd ~nOA HllM llV'J8nS aNV V'J~O, SIHl ,0 NOI1~Od dOL 3Hl H~V13a "LN3!l\f 'S11IM ,0 ~3LSI!l3~" :OL 31aVAVd ~30ijO A3NOW ~O ~:l3H:l 3~VW 'It 00 I - 98vZ 'oa' 'S'd ZL) 1961 10 IOV "1 01'1'3 pu, aou'lI,a4uI aul 10 l 00 l uOl1oaS Jiq papl^oJd Sir a:uloN SI41 ,0 ld19:)9J Jalje sAep (09) hlXIS UI41lM perqo Aew luawssasse PU! lUaWaslI!Jdde alll 41lM pal,Sl\eS lOU '9^11E!luaSoJd9J leUOsJad illH PUg 41lesMuowwO:) 9lH 6UlpnlOUI '\S9J81Ul U! ^lJed fo.u't:j ---------------------------------------------------------------------- 00900' 5Aep OE 9EEOO' "'p OZ 69l00' '^'p Ol S8vOO' sAep 6Z 81EOO' '^'p 6l Z9l00' '^'p 6 ILvOO' sfo.ep 8Z lOEOO' '^'p 8l 9ElOO' '^,p S v9vOO' sJiep LZ V8Z00' '^'p L l 81l00' sAep L LEvOO' sAep 9Z L9Z00' '^'p 9l lOIOO' '^'p 9 OZvOO' '^'p 9 Z 09Z00' sAep 9 l 98000' '^'p 9 EOvOO' '^'p VZ LEZOO' sAep Pl 89000' '^'p V 98EOO' sJiep EZ OZZOO' '^'p EI 19000' '^'p E 69EOO' s..il.'p ZZ EOZOO' '^'p Z I vEOOO' "'P Z Z9EOO' SJiep I Z 98l00' SJiep Il LIOOO' A,p I 090' SlHUOW Zl 9VO' S41UOUJ 6 OEO' S41uOW 9 9l0' S41UOUJ E 990' Sl/lUOW II OVO' S41UOW 8 9Z0' 541UOW 9 010' S41UOW Z 090' S41UOW 0 l 9EO' S41UOW L OZO' 541UOW V 900' 41UOW l --------------------------------------------------------------------- 0L'9Z0'Z$ luawA'd 10 aleo 01 lS9J91U! pue xel 1'1101 0L'9Z $ (+) luaw^'d )0 a"a o} lS9J81Ul snld OO'OOO'Z$ anp X'I 10 aou'l"S OL'9Z $ 9EElO' x OO'OOO'Z$ LS3~3LNI lSaJa1UI ;0 91e~ anp xe1 10 9::Juele8 9EElO' 9EEOO' + 010' = lSSJa1U! 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XC1 a41 II '(9SvZ uOlloa, 'S'd ZLI 1961 10 10'1 xe1 911?1S3 pUll' aoue1pa4uI 941 JO 60L uOlloaS Jspun ua^!6 aq 01 paJlnbaJ aO!1oN 941 SI luawn:>op 5!41 NOlL VV'J~O,NI " ,: C H, .', '" , c;; I , ,-c \" !; , , Cl' -, , :" ;~:: 0:'.': .. oi]j :_i~~~ Uw :i'" N IX' 'c.' ,.., ..., " ., ,', 00 '.....:. :;> ,,'" r~:~ '. (~:: , ~.I ',.' z - 0 :>I rJJ 8 -8 ~ ~ - ~Z riI 'P::H:::> 8 a:l~iiI:I:O H":l:>UlU"; ~ olj ~H ~ ..; H~ H :::> "H QZ 0 ~ :l I ~ t ~ ""P::UlOZ"; U Oril 8~:>Cl ~ i ~ ' r.I HIi< HriI "" · t ~ E ~ rilHOt9 :>IUl 0 0 . . . . r.l 8H ZrilUl"; ~ ~ H~ ~ >-l ";:;:~Ha:lZril . Ul 8 8P::;;:ZU riI ui · . 0 ,~ Ul '~P;:::>iilriI @ ~ o ~ ) >-l riI::O UlUP<Cl He " ~ 0 < . tJ " .. iiI ui ~ ~ Z H ..... cO ~'\ !-...; >\ .~ \... , \- /~\ ' / -0 / ' \ / 1'1 / " " :/. = C. 1I.h >-, l:'.:,'" c..:: U:U: C C}:r:: (.)1:"1 N ~I~ , ~ C\ ,/ AMENDED PROPOSED SCHEDULE OF DISTRIBUTION OF BERTHA M. WOLF AND CORA A. FLICKINGER, ADMINISTRATRICES OF THE ESTATE OF ALBERT H. MILLER, JR.. LATE OF SILVER SPRINGS TOWNSHIP, CUMBERLAND COUNTY. PENNSYLVANIA IN THE COURT OF C0l1tolON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE NO. 21-81-120 In pursuance of Order of Court dated February 9, 1982, the accountants file an amended proposed schedule of distribu- tion as follows: Bertha M. Wolf Cora A. Flickinger Reserved for possible claims Total $ 61.212.01 61,212.01 10,000.00 $132,424.02 The $10,000.00 reserved for possible claims ahall be retained by the administratrices until a disputed claim of Visaggio's, Inc., is litigated after which the retained funds will be disbursed in accordance with further Order of Court. Respectfully submitted "\ ........,,.:; \'.... ! '....-,:-...... .,':<, ..~', '.-' i ; I 1 I I I I I I I J I I J I I J I i was forced into using the same (thus renderinG its motel accommodations deficient and substandard) as found in Findings of Fact Nos. 25, 41 and 42. d. That because the upholstered furniture, mattress and bedspring were contaminated with insects, urine and blood, it was necessary to remove and destroy the same promptly in the interest of health and main- tenance of appropriately sanitary facilities for use of the premises as a motel. EXCEPTIONS TO CONCLUSIONS OF LAW 3. The Auditor erred in Conclusion No. 2 by holding that Claimant's proof of damages to furniture was too speculative to be credible. The Auditor should find Claimant's proof of damages to be both credible and legally sufficient to sustain Claimant's burden of proof. 4. The Auditor erred in Conclusion No. 3 by holding that Claimant's proof of damages to carpet and tile flooring was too speculative to be credible. The Auditor should find Claimant's proof of damages to be both credible and legally sufficient to sustain Claimant's burden of proof. 5. The Auditor erred in failing to conclude that Decedent's Estate owes Claimant the following additional items of damages: A. Damage to dresser with mirrors: Damage to mattress and box springs: Damage to 2 nightstands: Damage to sofa: $210.00 140.00 B. C. 70.00 LAW OI"FICEG SNELBAKER, McCALEB 81 ELICKER D. 190.00 -2- E. Damage to 2 upholstered chairs: $190.00 F. Damage to carpet and tile flooring: 1,287.62 6. The Auditor erred in concluding in Conclusion No. 4 that Claimant's total damages were $810.00. The Auditor should con- clude that the total damages due Claimant from Decedent's Estate is $2,897.62. 7. The Auditor erred in concluding in Conclusion No. 5 that the costs of the proceeding are to be borne equally by the Claimant and Decedent's Estate. The Auditor should conclude that all of the costs should be borne entirely by the Decedent's Estate. WHEREFORE, Claimant respectfully prays the Auditor to hear argument on the Exceptions, re-examine the subjects of the Exceptions and amend his Report in keeping with th(! foregoinq Exceptions. SNELi;~;2, cyA'LEB ,& E,:LldKER / / ,/, ,,/. J By _ {II/Itll. / 'A..[t?( clp,t Attorneys for Claimant -3- ,....., 1 IN RE. ESTATE OF ALBERT H. IN THE COURT OF COMMON PLEAS MILLER, JR.. LATE OF SILVER 2 SPRING 'POillNSHIP, CUMBERLAND : CUMBERLAND COUNTY" PENNSYLV ANI COUNTY, PENNSYLVANIA, DECEASED. 5 6 7 8 9 10 11 12 '/" 13 j!<",!! 14 15 16 17 18 19 ~ 21 22 23 24 25 .,., 3 4 ORPHANS' COURT DIVISION ESTATE NO. 21-81-120 '\;~C~IVED JUN 021982 I,IVERS, MYERS; FLOWER & JOHNSON TRANSCRIPT OF PROCEEDINGS BEFORE: DAVID S. KELLER, ESQUIRE, AUDITOR DATE: MAY 18, 1982, 1:)0 P.M. PLACE: MYERS, MYERS, FLOWER & JOHNSON THIRD & MARKET STREETS LEMOYNE, PENNSYLVANIA APPEARANCES: BY. JOHN M. EAKIN, ESQUIRE FOR - ESTATE OF ALBERT H. MILLER, JR. SNELBAKER'cMC CALEB & ELICKER BY: RICHARD C. SNELBAKER FOR - CLAIMANT VISAGGIO'S, INC. KAREN L. BOWERS, RPR NOTARY PUBLIC GEIGER & LORIA REPORTING SERVICE. (NC.. tOOO MARKET STREET, HARRISBURG. PA, 17101 PHONE (717113~.210g n 1 2 3 4 5 6 7 8 9 10 11 12 ~,,~ 13 14 15 16 17 18 19 00 21 22 Z3 24 25 ~I 2 THE AUDITOR: This is the time and place set for the Auditor's Hearing in the estate of Albert H. Miller" Jr., late of Silver Spring Township, Cumberland County, Pennsylvania, deceased. Notice has been given to the Administratrices and the Claimants as well as posted on the wall of the Orphans' Court of Cumberland County. Would you like to enter your appearances, gentlemen. MR. SNELBAKER, I represent the Claimant. Richard Snelbakerl Snelbaker, McCaleb & Elicker. MR. EAKIN: John Eakin for the Estate. THE AUDITOR: Who is going to testify? MR. SNELBAKER: We have a number of people. These two people here are two damage witnesses. I have suggested to Mr. Eakin that perhaps we could eliminate taking their testimony, unless there is a problem with what they would say. THE AUDITOR, Mr. Eakin? MR. EAKIN: I have no objection to calling a witness out of order. I would object on the basis of these bills that they are irrelevant. The measure of damage in this case is a fair market value of what was damaged before or after or the cost of repairs, whichever is less. I understand here the witnesses are going to testify as to a new product. which I feel is irrelevant. But if you want to call them out of order and proceed, I do not have any objection. GEIGER & LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171234.2109 J .., 1 THE AUDITOR: We will hear the testimony of these 2 gentlemen. We will sustain your objection. 3 TIMOTHY RITTER, called as a witness, being sworn, 4 testified as follows I 5 DIRECT EXAMINATION 6 BY MR. SNELBAKER: 7 Q Give us your name and business address, please. S A Tim Ritter, business address is United Furniture 9 Sales, and that will be 6484 Carlisle Pike. Mechanicsburg. ill Q What is your position with that organization? 11 A I'm a manager of that particular store. ~ Q How long have you been the manager there? ~ 13 A Three years. M (Claimant's Exhibit 1, marked) 15 BY MR. SNELBAKER I 16 Q I show you what has been marked as Claimant's Exhibit IT I, and ask whether you are familiar with that document. 18 A Yes, I am. ill Q The person that signed this thing at that time ID appears to have been a Lyn Neidig, am I reading that correctly? 21 A Yes. ~ Q Who was that person? ~ A He was my assistant manager. ~ Q Is Mr. Neidig with you any longer? ~ A He is still with our company, not at this particular . GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA. 1'101 PHONE 17171 2U.2101l 4 location. Q Are you familiar with the materials which,are listed on there by definition? A Yes, I am. Q Are you familiar with those priees,which would have b en as of the time that they were priced in May of 1981? A Yes. Q How do these prices relate to the date of February 5, 1980? A I would say they're very close. Right now the prices are still the same. Q The first item on the document is what? A That would be a bedroom set. Q What does it consist of? A It would be a dresser, two mirrors, a headboard, night stand and a frame for the bed. Q The second item would be what? A A mattress and box spring. Q The third item would be what? A Sofa and two chairs. Q The prices in each case are indicated and there are three such numbers, is that correct? A Yes. MR. SNELBAKER: Cross-examine. CROSS-EXAMINATION GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE (7171234,2109 ~ 2 3 4 5 6 7 8 9 10 11 12 1'1"; 13 14 15 16 17 18 19 lID, 21 22 23 24 25 ~ that the materials which were damaged were totally useless, it was necessary to replace them. This is the replacement cost; it is the value for which we are seeking damages. And if there was any value to that which was left, then that become the responsibility of the defending party to indicate what that would have been. MR. EAKIN: That is not the measure of damages. If the thing is worth $50 before, you damage it. make it worthless you do not get $600 and replace it. The most you can get is the $50, the fair market value of the item before it was damaged. This is incompetent to prove that because it is not the used item of merchandise. THE AUDITOR: I understand the objection. I will look at the exhibit, and I am not sure I am going to rule on it yet, but we will admit it at this time. (Claimant's Exhibit 2. marked) RICHARD STAMBAUGH, called as a witness, being previously sworn, testified as follows: DIRECT EXAMINATION BY MR. SNELBAKERI Q Give us your name, please, sir. A Richard Stambaugh. Q By whom are you employed, sir? A M & Z Carpets, 6029 Carlisle Pike, Mechanisburg. GEIGER 6 LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE 17171 23402109 I-~ 1 2 3 4 5 6 7 8 9 10 11 12 f'i 13 14 15 16 17 18 19 2D 21 22 2.'3 24 25 W 8 A Visaggio's restaurant and motel, yes. Q Did you also make an inspection and give a price for the replacement of some tile? A Yes, I did. Q Is that the second item? A That's the second item on the page, yes. That was in the kitchen, bath and the closet. Q The prices indicated on this document reflect price installed, is that correct? A The complete price installed, yes, sir. MR. SNELBAKER. Cross-examine. CROSS-EXAMINATION BY MR. EAKIN. Q Sir, I will ask you as I asked the other witness, I take it that Mrs Lumadue came in and described to you a product and asked you what you would sell it to her for, is that correct? A 'dell, I tried to figure a similar or equal' price of what was down there. I took samples of carpets along and showed Mrs. Lumadue at the time she picked out the carpet, you know, of similar quality. Q How many yards of carpet did you figure? A I don't have my paperwork here in front of me. It doesn't say on here (indicating). Q How much tile did you figure? How many square feet GEIGER a. LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG. PiI, 17101 PHONE (717) 234.2109 . 1 of tile? 2 A That I didn't bring along. I have that b~ck at the 3 office. 4 Q As far as fixing the vinyl in the kitchen, did she 5 come to you and say, I want new vinyl in the kitchen,and asked 6 you what it would cost, and you gave her a price? 7 A Well, she showed it to me, but it was badly damaged I 8 it couldn't be repaired. It had to be replaced. 9 Q Did she ask you to give her a price on new flooring? 10 A Yes. 11 Q That is what this exhibit is? ~ A That's right. ~ 13 MR. EAKIN I I have no further questions. M REDIRECT EXAMINATION 15 BY MR. SNELBAKER I 16 Q You say "new flooring," what does that mean? IT A Well, replace the damaged floor that was down. ffi Q What part of the floor was damaged? ill A Most of it was. Practically allover. ro Q The sub-floor or the wooden floor, whatever was 21 underneath, you were not computing that in? ~ A No, just the surface showing, the top floor. ~ Q That is the carpet in the one instance and the ~ vinyl material in the other? 25 A Yes, sir. ""'" GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE (7171 234.2109 10 ~ 1 MR. SNELBAKERI 'rhat is all. 2 MR. EAKIN: I have nothing further. 3 MR. SNELBAKER: I move for the admission of 4 Exhibi t Number 2. 5 MR. EAKIN: I object to that on the basis that the 6 measure of damages in this case is the fair market value before 7 and after, and this is not competent testimony to prove that. 8 THE AUDITOR: Your objection, Mr. Eakin, is basically 9 the same as you made to the first exhibit, is that correct? 10 MR. EAKIN: Basically. The only difference is as 11 far as the tile is coneerned, we have something here -- ~ essentially the same. Essentially that is my objection. 13 THE AUDITOR: Your response will be the same, M Mr. Snelbaker? 15 MR. SNELBAKER: Yes, sir. W THE AUDITOR: We will accept 'the exhibit. ~ MR. EAKIN: Are you admitting them? 18 THE AUDITOR I I am admitting them, yes. ill MR. SNELBAKER: I am going to move to excuse ~, Mr. Stambaugh at this point. 21 THE AUDITOR: Mr. Eakin? 22 MR. EAKIN: No objection. ~ JOYCE W. DECKERj called as a witness, being sworn, ~ testified as follows: ~ DIRECT EXAMINATION '_J GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. NARRISBURG, PA, 17101 PHONE 17171234,2109 t'-, I 1 "1'" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 A John Spahr. Q When did Mr. Miller come to be at the mot,el, if you know? A When did he start living there? Q Yes. A Prior to Visaggio's. Q In other words, he was there under a prior manager or owner of the premises? A Yes, he was. Q What was the arrangement with Mr. Miller for the payment of rent for the use of the motel rooms? A What do you mean, how much was it? Q How much, yes. A $250 a month. Q That was a monthly rental. is that correct? A Yes. Q You mentioned Mr. Spahr. Where did he reside. or what quarters did he share? A He also lived there. They lived together. Q What facility was that, where was that located? A Where did they -- you mean apartment number? Fifteen. Q Number 15. Where was that located?' A At the end of the motel. Q Is the motel a licensed facility by the Pennsylvania GEIGER & LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171234,2109 "".." 1 2 3 4 5 6 7 8 9 10 11 12 ., 13 14 15 16 17 18 19 , 20, 21 I 22 23 24 25 ~",.J Liquor Control Board? A Yes, it is. (Claimant's Exhibit ). marked) BY MR. SNELBAKER: Q I am showing you what has been marked as Claimant's Exhibit Number ). and ask you whether you can identify that document with relationship to any original documents. A Yes. Q Is that the license which is displayed at the facility? A Q original. A Yes, it is. I have in front of you what appears to be an Can you identify that as the original (showing)? Yes, I can. It's right at the end of our bar. MR. SNELBAKER: Would you like to check it? I made the copy. MR. EAKIN: No. MR, SNELBAKER: I move for the admission of Claimant's Exhibit). MR. EAKIN: I would like to have an offer of what you intend to prove by this exhibit. MR. SNELBAKER. This is to show that this is a hotel liquor license issued to a hotel. MR. EAKIN: How is that relevant? I object on the basis of not being relevant. It is dated February 1, 1982. GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE (7171 234.2109 14 1 which does not seem to have any relevance to this. If you 2 want me to stipulate that these people have a liquor license, 3 I will -- 4 MR. SNELBAKER. The relevancy is, you have raised 5 some question about whether or not there is a tenancy 6 involved here. I am showing that this is a hotel; it is 7 distinguished from another type of rental. It is recognized 8 by the Pennsylvania Liquor Control Board as a hotel as 9 distinguished from an apartment house. ill THE AUDITOR. Mr. Snelbaker, this exhibit is dated 11 after the decedent's death. ~ MR. SNELBAKER. Right. and I am going to ask her " 13 the next question then. 14 BY MR. SNELBAKER: ~ Q Is this in fact a replacement of a liquor license W of the same nature that was in effect in February of 1981? TI A It sure is. Every year they must be renewed. We W have our old copies. W MR. EAKIN I I would object. It is totally irrelevant ~, whether they had a liquor license here. I do not think it has anything to do with this case. at least nothing I can understand yet. MR. SNELBAKERI Perhaps I misunderstood what you were raising in response to the claim. but I got the idea that there was some claim to be made here that this was a landlord- ""'" 21 22 Zl 2A 25 '-.",.<'" ) GEIGER 6 LORIA REPORTING SERVICE, INC" 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171234,2109 15 tenant proceeding of some sort, and our position is that it is an inkeeper-guest relationship, as I stated in my reply. MH. EAKIN: I think it is pretty clear what we said here. First we said that these people did not own the property that was damaged -- THE AUDITOH: Let me do it this way, if I may. I understand that Exhibit Number J is being offered to show that what we have here is a hotel, is that right? MH. SNELBAKER: Right. THE, AUDITOR: Are you willing to stipulate to that? MR. EAKIN: Of course. MR. SNELBAKER: Then we do not need the exhibit. If you would like, I will withdraw it as an exhibit. THE AUDITOR: Yes. BY MR. SNELBAKER: Q Ms. Decker, when did Mr. Spahr cease living at the Visaggio's motel? A October the 28th, 1980. Q What happened to him at that time? A He went to the hospital. Q Did he ever return to the premises? A No, he didn't. Q After Mr. Spahr left in October of 1980, who resided in the facility which he previously occupied with Mr. Miller? A Mr. Miller alone. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE (717) 234.2109 (-, 1 2 3 4 5 6 7 8 9 10 11 12 ( ') 13 14 15 16 17 18 19 \,~ 16 Q He lived there by himself? A Yes, he did. Q Did you visit with Mr. Miller? A Yes. Q Did you visit with Mr. Miller and Mr. Spahr while he lived? A Yes, I did. Q Will you describe, please, what the condition of the interior of the facility that they used was prior to Mr. Spahr's departure in October of 1980? A Well, it was always clean and neat. And, of course, the sheets and towels, et cetera, were supplied for them. Sparky always saw that he had food, and he took care of him. Basically he was really his nurse, it boils down to that. Q What was Mr. Miller's physical condition as you observed it? A Very bad. Q What did you see? A Well, he should not ever have been left alone. 2), If he had any relatives, they should have been taking care of 21 him. ~ Q What was his condition? ~ A Condition? Well, his arms were all full of scabs, ~ and he was always picking his face and, you know, there was -- ~ he was always bloody, his clothes were dirty. He himself was GEI~ER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171 234,2109 1''''''' dirty. It smelled when you walked into the place. 2 Q Did he have any disability? 3 A Yes. 4 Q What was his problem? 5 A Well, his leg was amputated. 6 Q He only had one leg? 7 A Yes, sir. S Q Were you aware of any other condition from which 9 he suffered? 10 A Alcohol. 11 Q Was he a person who would fraternize with other peopl ]2 and come and go from this facility? I~'l 13 A No, he never left the place, never. 14 Q Who is Sparky? 15 A Mr. John Spahr. 16 Q While Mr. Spahr lived, what did he do for Mr. Miller? 17 A Well, he saw that he had, you know, his meals cooked. ffi And he often got sandwiches you know, come up and got ffi sandwiches at the restaurant. And I usually saw Sparky every ID, morning when I went to work. He would be there, you know, 21 he would talk to me and he would say he had to go home and ~ make lunch, they were having soup or they were having this 23 or something. And while he was there I' m sure that he, you 24 know, ate. ~ Q Mr. Miller is, of course, dead, and I think the w GEIGER II LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171 234.2109 18 ,...." ",,~ 1 pleadings in this case would indicate that he died February 5. 2 1981. Do you recall the fact of his death and his departure 3 from the premises? 4 A Yes, I do. I answered the phone. 5 Q Did you have occasion, after he departed the facility 6 that he was using to examine them? 7 A Yes, I did. 8 Q Will you describe, please, what you saw? First 9 of all, with regard to the condition of the furniture. as 10 far as any cigarette burns. 11 A The davenport and the one chair were all full of 12 burn holes along with blood all over both of them. 13 Q Just burns now. 14 A Oh, burns, I'm sorry. And the rug was all burned. 15 There were burns in the kitchen, the tile in the kitchen floor, 16 also, burns in the bedroom floor. ~ Q The carpet was where in this facility? ffi A In the bedroom and the living room. ill Q The tile was located where? ID, A In the kitchen. 21 Q Were there burn marks on the tile area? ~ A Yes, there were. ~ Q When you mentioned the furniture, you mentioned a ~ couch, I believe? ~ A Yes. .. GEIGER & LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE (7171234.2109 . t":, \",,.i 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2ll, 21 22 23 24 Q Would you describe that couch? What kind of couch was it? A Well, it was like a sofa, you know. Q Was it upholstered? A Yes, it was. Q Did it have burn marks in it? A Yes, it did. Q Were there any chairs in the -- A There was one chair that I saw that also had burn marks. Q Was that an upholstered chair? A Yes, it was. Q Were there any wooden type pieces of furniture in the rooms? A Meaning dressers? Q Yes. A Yes. Q How many dressers were there? A There were two in the bedroom. Q Can you tell me whether or not they were damaged by a cigarette or burns? A They had burn marks in them also. Q You mentioned something about blood stains. Did you see any blood marks in the room after Mr. Miller's departure? A Yes, I did. 25 GEIGER a LORIA REPORTING SERVICE, 'NC.. 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE 17171 234.2109 2 Q Where did you find blood? A On the sofa and the chair and also on the, sheets that were on the bed, they were all covered with blood. And the pillow cases. Q You mentioned that you saw blood on Mr. Miller from time to time? A Yes. His arms were always all big open sores and so forth. Q Did you notice any other damage to the floors and the upholstered products as'far as spillings of any nature? A Well, when you walked in the place it smelled like urine. Q Spillings. A Spillings. You mean food, yes, the tables were all' sticky and spotted with, you know, food and particles of this and particles of that allover the place. Q Did you see any of this kind of material on the upholstered material or on the carpeting? A Yes, I did. They were all stained. Q You mentioned about when you went in you smelled something? A Right. Q What was it that you smelled? A Urine. Q Were you able to ascertain by looking where that was GEIGER & LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. IlARRISBURG. PA. 17101 PHONE (7171 234,2109 ,,~, 2 3 4 5 6 7 8 9 10 11 12 I.') 13 14 15 16 17 18 19 \,,,,,J 21 located? A Well, it was in the bedroom, the bed, the living room, there were spots on the floor. Q Would that have been on the carpeted portion of the floor? A On the carpeted portion, yes. 'rhere were also spots on the davenport that were not blood. Q Would you describe that odor? A It smelled like urine. Like a, you know, ammonia. It was awful. Q In addition to those things that you saw, were you aware of any animal-type life? A Yes. There were roaches. There were roaches all ove the place, and there was some other kind of little black bugs, I don't know what they were. Q In that condition, Ms. Decker, would you have been able to rent it to the public? A Not hardly. Q You just described to us a condition which existed a), at the time that you went there immediately following Mr. 21 Miller's departure, is that correct? 22 A That. s right. ~ Q Was that same condition in existence at the time of ~ Mr. Spahr's departure? ~ A No, it wasn't. GEIGER a LORIA REPORTING SERVICE.INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE 17171234.2109 . 22 ,"'1 1 Q Were you aware after Mr. Spahr's departure of any 2 of these conditions, in fact, developing? 3 A Yes, I was. 4 Q What gave you reason to go to this facility? 5 A Well, because he had called for beer and I said no, 6 you can't have any beer, you need food. So I took him food 7 down, and Bill took him food down. And you know, we told him 8 that, you know, if you eat and so forth, you know, then we 9 will think about it. But we're not even sure if he ate it. ill I took food down to him and took it in, you know, 11 and he was kind of a grumpy person, you never really could tell ~ But anyhow, I would say to him, you know, I think you should 13 eat, you shouldn't drink. And, of course, he told me it wasn't 14 any of my business, but anyhow. ffi Q If I understand, your observation, your point of 16 seeing all this would be as you went in the room to deliver 17 things for him, is that correct? 1B A Yes. ill Q During the period of time that he was there after 20, Mr. Spahr's departure, who looked after him? 21 A I think we were probably looking after him more than ~ anyone else because -- and maybe the man downstairs took him ~ some fOOd, but, you know, we saw that he had food most of the ~ time, myself or Bill. Flus the fact that I wouldn't sell 25 anyone beer to take down to him that came in if I knew it was t"....) GEIGER lit LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE (7171 234.2109 23 ~ 'j 1 for him, I wouldn't let therr. have it. 2 MR. SNELBAKER. Cross-examine. 3 CROSS-EXAMINATION 4 BY MR. EAKIN I 5 Q Were you employed prior to the purchase of this 6 restaurant by the present owners? 7 A Was I employed anywhere? 8 Q Yes. 9 A Yes, sir. ill Q Where was that? 11 A Culhane's Stealc House. ~ Q What job did you have there? 13 A I was a waitress. 14 Q When did you come to Visaggio' s? m A Visaggio's? 16 Q Yes. IT A August the 8th. ffi Q You came there with the new owners? 19 A Yes, I did. 2ll, Q In what capacity? 21 A Manager. ~ Q As a manager, what were your duties? 23 A \vell, my duties were cooking, tending bar, ordering ~ food, waitress, cleaning rooms. 25 Q You are an employee and not a part owner? "'M~,i GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE (7171 234,2109 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2!J . 21 22 23 24 25 ..."+ \.."J 24 A That's right. Q Did you include changing sheets. cleaning, rooms and so on as part 0 f your duties? A I certainly do. Q From August 8, 1980, what services did the Visaggio's furnish to the room occupied by Mr. Spahr and Mr. Miller? A Well, we gave them sheets, towels. Q How often would you do that? A A couple times a week. Soap. we gave them toilet paper, everything from up at the motel room we furnished for them. Also maid service. Q That was under your department? A Yes, it was. Q Did you do this personally, or did you have somebody do it for you? A Sometimes I did and sometimes I had someone do it for me. Q How many employees did you have doing this service? A How many cleaning ladies did we have? Q Yes. A Two. Q Who are they? A Right now they're different from what we had then. Q Let's take back in August 1980. A Back in August 1980, okay. GEIGER & LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE (7171 234,2109 . ". ~ ~\;."J 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 a), 21 22 Z3 24 25 Q If you do not know who it was, just say you do not know. A Right offhand I can't think of who we had when we first took over. I'm not sure. Q As I understand A Brian Staley we had then. Q His first or last name is Brian? A His first name is Brian. Q How do you spell his last name? A S-'f-A-L-E-Y. 'And also his wife, Georgia. Q Were they employees of the prior owner? A Yes -- no, no, no, they are employees of Visaggio's. Q Were there any employees of the prior owner that continued as an employee of the motel or restaurant after August the 8th, 1980? A Some of them stayed for a while, yes. Are you talking about in the kitchen or anywhere? Q Anywhere. A Anywhere, yes. Q Who would they be? A Mary Poet was one. Q What did she do? A She was a cook. Q Was there any employee that had anything to do with the rooms? GEIGER a LORIA REPORTING SERVICE, INe.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE 17171234.2109 i""" 1 A No, none. 2 Q Or leasing the rooms? 3 A No. 4 Q Anything like that? 5 A None. 6 Q Do you know about when the first time was that you 7 were in this room after you came on the scene there in August 8 of 1980? 9 A The first week I was there. 10 Q You saw this couch at that time? 11 A Yes, I did. ~ Q Was it a new couch? ,".') 13 A It was fairly new, yes. M Q Did you know how old it was? 15 A Well, no, I didn' t go into this. 16 Q Did you ever ask anybody how old it was? 17 A No, I didn' t think it was necessary. ffi Q Did you ever ask anybody when it was first put in 19 that room? ~, A No, because it looked in good condition. 21 Q If I ask you the same thing about the other items 22 in the room, specifically the chair, dressers and so on, ID would your answer be the same? 24 A Yes, it would. ~ Q At that time there was no burn mar~ on anything? \,.,,; GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE /7171 234.2109 "'""\ 27 1 2 3 4 5 6 7 8 9 10 A No, there wasn't. Q Then as I understand your testimony, things continued that way up until the 28th of August, 1980? A 28th of what? August? Q October, excuse me. A October, correct. Q At that time Mr. Spahr moved out? A Yes, he did. Q It is your testimony that there was no burn mark or blood mark or spill or beverage or anything on any of those 11 pieces of furninture as of that date? ~ A No, because Sparky kept towels over it then, right. 13 Q That is your testimony? 14 A Yes, it is, sir. 15 Q After October 28th, 1980, did you continue to go in 16 the room every week or twice a week? I 17 18 19 ro, 21 22 23 24 25 w A Yes. Q When after the 28th of October did you see the first blood stains, spill, beverage stain, smell the urine or see burn marks? A I would say one, two weeks after Sparky was gone. And I mentioned it to the owners. Q A Q When you first saw it, what did you see? Blood. Where? GEIGER & LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE (7171234,2109 fI"'\ 1 2 3 4 5 6 7 8 9 10 11 12 ~,. 4 13 14 15 16 17 18 19 2J:), 21 22 23 24 25 ... A On the davenport. Q Anywhere else? A The first time was blood on the davenport only. Q What did you do about it? A Well, I mentioned it to Abby and, of course, you can he was living there, and he didn't say anything one way or the other about it. I mentioned it to Rosemary and Bill. Q When was that now? A I will say the second week after Sparky left. Q Rosemary and Bill, you are referring to whom? A My employers. Q That would take you up, I believe. to the first week in November, something like that? A All right. Q When would you have gone in again? A Well, I went in every week. I was there every week. Q What did you see the second week that was not there the first week? A Well, burns and eventually -- you know, burns, there was more blood. And I kept mentioning these things to Rosemary and Bill, but they just don't, you know, throw people out. MR. EAKIN: THE AUDITOR: I move that that be stricken. We will strike that last comment. GEIGER 80 LORIA REPORTING SE~VICE. INC.. 1000 MARKET STREET. HARRISBURG, PA. 17101 PHONE (7171234,2109 2 ,'''' ..'~ 1 BY MR. EAKm. 2 Q Just answer what I ask you, please. 3 A Okay. 4 Q During this period of time did other employees under 5 your supervision go into this room? 6 A Yes, 7 Q During this period from, say, in November of '80 up 8 through the date he died, who would they have been? 9 A Well, Brian was one of them who also mentioned to me 10 he was afraid that the place would burn down. 11 Q Just who was it. ~ A Brian Staley. 13 Q Is he still around? M A I don't know where he is. He's not employed by us, ffi Q What would he have done, what was his job? W A Run the sweeper, change the bed, same as I did. TI Q You say November, December and January, about three ffi months, that is when this condition continued? ffi A Yes. ~, Q Is it fair to say that every week somebody was in 21 there about two different times? ~ A Yes. ~ Q Is it fair to say that during that period that,everyt:me 24 somebody went in they saw something new that was wrong as far 25 as blood, stains or whatever? . GEIGER 6 LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171234,2109 ,...., 2 3 4 5 6 7 8 9 A \'iell, it constantly got worse. Q Is it fair to say that from the time you first saw it you continued to report it to your employer? A Yes, I did. Q You say there was a man downstairs who looked after him, who was that? A Jack F'isher. Q What did he do? A Well, I guess he just checked on him in the evenings 10 and took food up the same as we did. 11 Q I understand from your testimony that in addition to ~ being responsible for the maintenance of the room and twice a M 13 week seeing that the sheets and so on get put in, you were in M there on other occasions to deliver things, correct? 18 15 16 A 'Q Correct. Over those last three months how often do you think ~ you personally delivered something in the room? A Well, when he got mail I took it down to him, and 19 I'm saying at least three times a week, maybe -- three, four l!l), times -- I took food to him. 21 Q You delivered the mail about three times a week? 22 A Whenever he got mail I would deli vel' it. If it were 22 five days a week, then I went down five days a week to take 24 his mail down. 25 . Q Then in addition to that, as a waitress or bartender GEIGER 6 LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE (7171234,2109 JO ~ .... . 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21), 21 22 23 24 25 or capacity like that, you also delivered things to the room for him? A Food. I never took him any beer. never. Q How often would you deliver the food? A Well, two or three times a week. When Bill didn't take it down I took it down. Q That would be continual through that three-month period you just described? A Yes. MR. EAKIN: No' further questions. MR. SNELBAKER: Do you have any questions. Mr. Keller? BY THE AUDITOR I Q Mrs. Decker. you are the manager of Visaggio's? A Yes, I am. Q Do you happen to know what was done with the furnitur which was removed from the room? A Yes. I do know what was done with it. Q What was done with it? A This gentleman (indicating) and Bill hauled it away. Q Indicating Mr. A This gentleman. Don Rhoades. Q Mr. Phodes hauled it away. correct? A Yes, sir. Q How is it, Mrs. Decker. that you know the exact date GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE (7171 234,2109 f~.., ".'1 \''''i~J 1 that Mr. Spahr left the premises? 2 A Well, I'll tell you why, because my daugh~er's 3 birthday was the following day. That's how I remember. 4 Q Did someone contact you when Mr. Spahr was leaving? 5 A Oh, yes, yes. 6 Q Do you recall when the last time prior to October 28 7 of 1980 that you would have been in the room would have been? 8 A A couple days before that. 9 Q ~'iere you in on that date on October 28th? 10 A \'ihen he left? 11 Q Yes. 12 A No. 13 Q Do you know when the next time you were in the room 14 was? m A Maybe two or three days later. Two days at the most. W Q Between October 28th of 1980 and February 5th of TI 1981, did anyone else live in that room other than Mr. Albert 18 Miller? m A No, sir. 2D, Q During the period of time between October 28, 1980 21 and February 5, 1981, Visaggio's continued to provide sheets, ~ towels and maid service to that room? ~ A Yes, we did. ~ THE AUDITOR: Thank you. I have no other questions. ~ REDIRECT EXAMINATION GEIGER & LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE (717) 234,2109 ........, r", 1 2 3 4 5 6 7 8 9 10 11 12 !"l 13 14 15 16 17 18 19 20, 21 22 23 24 25 "~.J BY MR. SNELBAKER, Q What significance was there to Mr. Spahr's departure? How did he leave, under what circumstances? A Well, he was, you know, he left in an ambulance, they took him directly to the hospital. Q You are aware that that is the way he left? A Oh, yes. MR. SNELBAKER, We call Mr. Lumadue. WILLIAM J. LUMADUE, called as a witness, being sworn, testified as follows: DIRECT EXAMINATION BY MR. SNELBAKER: Q Give us your name and address, please. A William J. L-U-M-A-D-U-E, Lumadue. Pesidence address is 146 Miller's Gap Road, Enola. Q Mr. I,umadue, are you affiliated with Vissagio's, Incorporated? A Yes, I am. Q In what way? A I'm stockholder, Board of Directors, secretary, treasurer of the corporation that owns the facility. Q When did Visaggio's, Incorporated become involved with this facility? A Well, we took over originally on August 8, 1980. Prior to that we were in several weeks ahead of time cleaning u GEIGER & LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171234,2109 ~:""", 5 6 7 8 9 10 11 12 '\ 13 14 15 16 17 18 19 21), 21 22 Z3 24 25 ... 34 1 and going through the place. so July and August of '80 is when 2 we started. 3 (Claimant's Exhibit 3. marked) 4 BY MR. SNELBAKER: Q I am showing you what has been marked as Claimant's Exhibit 3, Mr. Lumadue, and ask you whether you can identify that document. A Right, this is a document we originally signed to purchase the old WOlJder-\~hy under the name Visaggio' s. which was a lease purchase agreement with Joe Cekovich, who owned Wonder-Why, Incorporated. Q The document that I have had marked consists of five pages. I am showing you what I have produced here today as a multi-page document and ask you whether or not those five pages are in fact five pages from that document. A Yes, definitely. Q Is the complete document, which is also here, your copy of the agreement of lease and option you had when you originally took over this facility? A Yes. MR. SNELBAKER: I have only made copies of the five pages that I feel have relevance. I will put the whole document here for Mr. Eakin to observe. I did not want to go to the trouble of duplicating all of the various pages of it. It can be put into evidence, do not misunderstand me. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. NARRISBURG, PA, 17101 PHONE 17171 234.2109 . 1 2 3 4 5 6 7 8 9 10 11 12 ...~ 13 14 15 16 17 18 19 \;""~~~ 35 THE AUDITOR: Mr. Eakin, do you want to take a moment and review that. MR. SNELBAKER: I might add that this is in response to what I understood to be a defense that we had no responsi- bility or had no interest in the property. THE AUDITOR: Note that Mr. Eakin is reviewing the entire document towhich Mr. Snelbaker referred, not just the five pages that are what has been marked as Claimant's Exhibit Number 3. MR. EAKIN. You took Pages 1, 2, 4, 5 and the signature page and said that those pages are the only ones in here that have any relevancy in this matter, and you just did not copy the rest, is that what you are saying? MR. SNELBAKER: That is correct, Mr. Eakin. The first and last pages, I might add, are for identification to show the beginning and ending; 'Paragraph 2 deals with the fact that there is a hotel involved, and four and five are the covenants,whieh is the tenant, which is the claimant in this case, has with regard to maintenance of the ro, facility including the furnishings of the motel. 21 MR. EAKIN: You omitted all reference to this 22 option? Zl 24 25 MR. SNELBAKER: I have not copied the option. MR. EAKIN: Obviously, I do not have time to read that thing right now. Are you offering the five-page document GEIGER & LORIA REPORTING SERVICE,INC.. \000 MARKET STREET, HARRISBURG, PA, 17101 PHONE (7171234.2109 . 1 as your Exhibit J? 2 MR. SNELBAKER: Yes. 3 MR. EAKINI I have no objection for the purpose set 4 forth therein. 5 THE AUDITORI Exhibit J is admitted. 6 BY MR. SNELBAKER: 7 Q You mentioned Wonder-Why and Mr. Cekovieh. Was 8 Wonder-Why in fact a corporation and the other party to the 9 lease and option agreement? ill A Correct. 11 Q Who was the principal of Wonder-Why, Incorporated? ~ A The principal was Joe Cekovich, and his wife, I ~ 13 believe, was the secretary, treasurer. 14 Q The fifth page of Exhibit J, eontains President, m Joe Cekovich; Secretary, Jean Cekovich? 16 A Correct. 17 Q Do you recognize them as being the two principals? 18 A Defini tely. 19 Q When you took over this facility and particularly ID with regard to Apartment 15, what items were in that facility 21 at the time of your entry into the property? 22 MR. EAKIN: I am going to object. Now we are getting ~ into the Dead Man's Act. I feel that any evidence with this 24 witness of anything that happened during the lifetime of the 25 decedent that in any way has to do wi tl1 this cause of action, """ GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE 17171234.2109 (, f""\ ('l ..,.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 00 21 22 23 24 25 he is incompetent to testify to that. MR. SNELBAlillF:: I have no problem with limiting his testimony to things which have not been involved with a contract or thing involving the decedent. My question was not anything having to do with the decedent, but as to what ,were the facilities that were there when he took over the place in August of 1980. THE AUDITOR I It was my understanding that the question was, what items were in the room. I do not see how that would be barred by the Dead Man's Act. MR. EAKIN: I do not know what was in the rooml I do not have a witness to say what was in the room. If I cannot say what was in the room, I do not think that he can say what was in the room. MR. SNELBAKER: That is not the thing that the Act refers to. THE AUDITOR: Do you want to restate your objection for me. I am not sure I understand. MR. EAKIN: My objection is, we have a claimant here claiming damages to a lot of items of furniture and so forth. I have no witness to show what was in that room during this decedent's lifetime. To show what was in the room is part of his case, and if I cannot have a witness to prove what was there, then I think he is incompetent to prove what was there. T}ill AUDITOR: We will take a break here. GEIGER a LORIA REPORTING SERVICE, INC" 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE (7171234,2109 N ) \'._..~J 38 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 00 21 22 23 24 25 (Brief recess) 1'HE AUDITOR: I am going to let him testify to this. It is my impression from looking at what is referred to as the Dead Man's Act that it would not bar this kind of testimony. I am going to let him testify to it, subject to your objection, and I am going to do more research on it after this hearin5' MR. EAKIN: I might point out to the Auditor the problem we are getting into here, and that concerns the rule of court, that rule of court directing the Auditor in how to deal with this situation, and that is 85.3. It refers to the situation where objection is made to testimony and the Master or the Auditor wants to reserve decision on whether it is admissible or not. And I think it points out if a witness or a question put to him is objected to, the .offer and purpose of it and the obj ection and the ground of it as well as the ruling on it will be noted. Then if the Auditor sustains the objection, he shall nevertheless -- then here is the part, unless the witness is clearly incompetent or the evidence clearly inadmissible or the question impertinent or frivolous, he shall then reduce the testimony to writing. THE AUDITOR: Objected by him to writing, correct. MR. EAKIN: Now that could be in a separate record. The problem we have is this: This Dead Man's Act can be GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE (7171 2a4.Z109 "'" 7 8 9 10 11 12 , I 13 14 15 16 17 18 19 2D 21 22 ?J 24 25 \"..,,/ 1 waived by cross-examining the witness on what he says. Now, 2 by admitting all this testimony you are forcing me to either 3 cross-examine him or sit here and not say anything and let it 4 all go in. And I would suggest that it would be proper 5 rather than just reserving decision, if you are of the opinion 6 that it's inadmissible to make a finding that it is inadmissible and then later on if the Court says we are wrong, nobody waived anything. I am being put in the position here where, no matter which way you move you are afraid that it is the wrong move, and I should not be forced into that when we get a question that is clearly incompetent. MR. SNELBAKER: May I speak to that? THE AUDITORI Certainly. MR. SNELBAKER: My question is whether or not this is clearly incompetent. I think the answer is very clear that it is not clearly incompetent. As a matter of fact, Mr. r,umadue has not been asked a question which relates to any matter or thing in which the decedent would have been a party and as a result of which Mr. Lumadue would be barred to testify. I do not intend to have him testify to matters which directly relate to matters involving things or matters involvin the decedent. This is not having to do with that inferentially. If it happens to state a condition, I think that is just one of GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE (717) 234.2109 40 ~ It 1 the problems that develops. 2 THE AUDITOR. As I understand it, the onlJ:' question 3 that has been asked which gave rise to your objection was, 4 what was in the premises, is that right? It is your position 5 that that in itself is barred by the Dead Man's Act? 6 MR. EAKIN. I think so. 7 THE AUDITOR: I stated that upon re-reading the 8 Act, I do not think that that is proper. I do not think that 9 the testimony in itself would be barred by that. I understand 10 your concern over the possibility of waiving the Act. I would 11 think that since you have noted your objection and argued it, ~ at this point that we could probably allow you to cross- 13 examine, noting that objection. 14 MR. EAKIN. I think that is a dec i si on I have to 15 make, whether to do it or not. Whether it is proper or not 16 I do not think is a matter that the Auditor can pass on. 17 THE AUDITOR: I am going to let him answer the 18 question. 19 A Things in the room? 20 BY MR. SNELBAKER: 21 Q Yes. ~ THE AUDITOR: Would you read back the question for 23 Mr. Lumadue, please. 24 (Question read, Page 36, Lines 19 through 21) 25 A Okay I items. There were two chairs, two stuffed \",) GEI,GER 6 LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE 17171 234,2109 ~ 1 2 3 4 5 6 7 8 9 10 11 12 f J 13 14 15 16 17 18 19 al 21 22 Zl 24 25 I",,,~I 41 chairs I one sofa, upholstered sofa. There were coffee -- or two end tables, a small coffee table in the living room. In the bedroom there was a dresser with a mirror, dresser and I forget the -- dresser with a mirror and a chest of drawers, double bed, two end tables with two lamps. That is about as much as I can remember there. In the kitchen there was a small kitchen table and two chairs, Formica top table and two small chairs, vinyl covered chairs. BY MR. SNELBAKER: Q Were these same items there immediately after Albert Miller's death? A Correct. Q Of those items that you named, did you in fact remove any of them and destroy them? MR. EAKIN: I object. Of course the question here pertains to something observed after death. Right? You asked him about what he saw after Mr. Miller died. MR. SNELBAKER: No. THE AUDITOR: What was the question? (Question read) MR. EAKIN: I will withdraw the objection. Go ahead. A Yes, we destroyed most of the -- yes, we destroyed stuff. BY MR. SNELBAKER: GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE 17171734,2109 1"""\ 2 3 4 5 6 7 8 9 10 11 12 ;:, 13 .., 14 15 16 17 18 19 m 21 22 23 24 25 42 Q Which of' those items were destroyed? A Two stuffed chairs, sofa, bed, including the box spring and mattress. and there was some small pieces of carpeting we threlV out, too, but that was all that we actually physically destroyed. Q Who made the decision to destroy, it? A I did, my wife and I. Q Why did you make that decision to destroy it? MR. EAKINs Now I object. THE AUDITOR: What is the basis for your objection? MR. EAKIN: Because now we are getting into the question of damage. You are asking him now to give an opinion as to the damage to the furniture at the time when we have no person to say it was not so damaged. In other 1V0rds, all the elements of the Dead Man's Act are in that question. You have a man dead, party to the record has his interest, an adverse claimant, and now he wants to testify that the furnitur~ was damaged. THE AUDITOR: Would you like to respond to that? MR. SNELBAKER: Yes. I have not in any way indicated a question which would require the witness to testify as to the causative factor of the damage. I have simply asked him, why was it necessary, based on his own decision, to destroy it. Now, there is a line of cases which says that an GEIGER & LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE 17171 234-2109 f"'" 1 2 3 4 5 6 7 8 9 1 10 11 I 12 . , ~;~ 13 14 15 16 17 18 19 ID 21 22 23 24 25 ~I~'~ 4 interested person is competent to testify to a fact or condition of facts existing after the death of a dec;:eased party in interest, not withstanding such testimony may inferentially tend to show the same state of facts existed or that some other connected fact existed or occurred prior to the decedent's death. I am quoting in that case Pennell against Phillips, 5) Pennsylvania Superior Court, )24. You will find similar statements in the estate of Lepper, 106 Pennsylvania Superior Court, 12). That is a 19)2 case. You will find it in -- I will not try to pronounce it, P-S-I-N-A-K-I-S, Psinakis against Psinakis estate, III A.2d 16), (1955). I was quoting from Pennell. MR. EAKIN: The first sentence in the first quote, I believe, referred to a competent witness? THE AUDITOR: May I take a look at this? Off the record. (Discussion was held off the record) 'l'HE AUDITOR: At this point due to the fact that we have objections from Mr. Eakin to further testimony from Mr. Snelbaker's witnesses on damages, which testimony Mr. Eakin feels is barred by the read Man's Act, we are going to have to continue this hearing to a date certain under the Cumberland County Rules of the Orphans' Court. GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE 17171234.2109 I-~ I'~ 13 14 ~.4 1 Gentlemen, how long do you think it will take you 2 to get me briefs? 3 4 MR. SNELBAKER: Could I make the suggestion that we both waive the requirement that it be to a date certain and then do it in a-- 5 6 THE AUDITOR: I am going to have to move for an 7 extension. S We will continue this hearing until further 9 notice. 10 (Whereupon, the hearing was recessed at 2:50 p.m.) 11 12 15 16 INDEX FOR WITNESSES WITNESSES FOR CLAIMANT DIRECT CROSS Timothy Ritter 3 4 Richard Stambaugh 6 8 Joyce W. Decker ,10 23 William J. Lumadue 33 9 32 REDIRECT 17 18 19 ~ INDEX FOR EXHIBITS IDENTIFIED ADrUTTED 21 FOR CLAIMANT 22 No. 1 - United Furniture Sales No. 2 - M & Z Invoice 8971 No. 3 - Fa. Liquor Control Board License 13 (Withdrawn 15) 3 6 23 6 10 24 25 No. 3 - Agreement of Lease 34 36 26 and Option GEIGER 6 LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG. PA, 17101 PHOHE (7\71 234.2109 44 "'"' 1 2 3 4 5 6 7 8 9 10 11 12 1', . 13 14 15 16 17 18 19 ~ 21 22 23 24 25 ,..,) 45 I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the hearing of the above cause, and that this copy is a correct transcript of the same. , _....'" / /), I ../1 A:JUl.t ,C) "1, '4.. :";c, tl ,C(. L-U Karen L. Bowers, RPR ' Reporter ~I( ?JL GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBUqG. PA, 17101 PHONE 17171 234,2109 USE ALL OUR PROFESSIONAL SERVICES OFFICE COpy VINYl FlJ.'ORS ~- RUG CLEANING MOTH PROOFING CAIlPET REPAIRING BINDING FRINGING ee4L p~ ~ gr-'nt~14 CONTRACT NO. jI\ ~ Z CARPETS, INC. INVOICE 8 9 71 31sL't1 DATE 1L5r.1:l"^4,fWV1.J.....- SALESMAN + ARCH & BAlTIMORE STS. CARLISLE, PENNA, PHONE 249.2904 PURCHASER -lL: C q 9 () I-vr?.-f'_/,z- /J I l/, - 1 C t{O, ILL.. A PHONE 6 q ? - 8'-0 ~ ? OFFICE TYPES OF PADDING TAPF. CEMENT !A(KIESS 8A!.EMfNI FAMilY (.'-G , () 4747 JONESTOWN RD. RT, 22 HARRISBURG, PA, PHONE 545-5531 60" CARLISLE PIKE MECHANICSBURG, PENNA, PHONE 766.0288 ADDRESS r.~1.l1,.IlP_"'/ I LUM1.lDiA~ LR, D.R. FOYER STAIRS HAllS CLOSETS 8EDROOMS BATH KITCHEN OCCUPIED VACANl LIFT '~~~E~S ri's~ ~bti~ WOOD CONC~(!( NO. OF CAP STEPS UPHOlSTER. STEPS REf. QUARTER ROUND TAkE LEAVE UP DOWN NO. OF YDS, WORKROOM INFORMATION TOTAL IV' I I " " " . " AGREEMENT OF LEASE AND OPTION . ~I,. " I, ,,'.:. '" ":. "~:, 1980/-, .;. ,- between WONDER WHY, INC., a Pennsylvania Corporation with offices at 6990 AGREEMENT of Ail\) Lease, made this 4 day of ~'Y"',':': ~ ',J> '-'. . , ,','-. ' ~ . : \: ,'. ....;'.. .:. .',1 Wertzville Road, Enola, Cumberland County, Pennsylvania, (hereinafter' '.' , referred to as "Landlord") and VISAGGlO'S, Inc.; ,a Pennsylvania Corporation :. . with offices at 6990 Wert;l:ville Road, Enola, Cumberland County, Pennsyl,vania'; ,'..', (hereinafter referred to asITenant"). ,,' ';-:,':::';}~:~ :',<...:, ,', , I' WIT N E SSE T H ':!\;:'~;:i,~,',";)::T,,:'.:'\'~:,:,~~,::',.. ::>'1 ' \;::~,~,':),,;~',:~~~t;x ,~,'~:~;;::)r~..::' :;.;', 1. The Landlord hereby leases to Tenant the restaurant and hotel '..,..,; I, ' ." ' ~;,:, , ' ,': ',:j.;-'J"F"";","::Y~:;; ,': '/' premises presently known as the "Wonder Why Hotel", si tuat,~ ,~9~O/ w.e:;J:~r:ill:1i~~;,~,>; :,: ': }~:':i Road, Enola, Silver Spring TOI-."tlship, cumberland County, pe~~~yiva~,~~:r:~?~~~iti~~~:<:_: ,)::, \ . .~ ,,' :. :.,~...\:r<'. ""''''~'':I~'':';'''':'''';"' ~;;.:':' square feet of restaurant, ldtc,1Jen' a~!I:; ':' ,::' ',<':: . . ';,:' ,,~~~~J.:. . :;..r.'.:,i,"-':::." ~-..,~' storage space which i~ situate upon premises described iI1,Exh~~i.;Y",:1'!.~:~t~~~i~e:;:".'; i'!{> with all of the fixtures, equipment, furniture and machi~e~y:~ore,~~lN;\.i:~~'i~~'d:,,>';r:, I : ,.~~:. . . . l'>:'~':;" ,,/..' ":, ,. i'-:~", I and set forth in Schedule "B" affixed hereto and made par~:,hereof; ,?:!:,,' :" <~J.,;:~ ,:,' ,," '::':;' I , ';,'. 'f:'~:. ',~, . ',":':;~::'fl ,~...:" " . :.. ..~'. ':I! 2. The term of this Lease Agreement shall co~eric~: ~n:\~e: ~~'# ~ay: );;:::01: of ~E~Ir4" , 1980. on' ,b.lI ,00U.,. fo, . p.dod ''.'i~'~;n.r~8) ~O<h' ,:",--;:1:': thereafter and shall terminate on the '2 I 91d~y of ihVVJV/l-<",:"''' 1~82. ,,', /;;:.; . "",'\ ""\ . ....;:>:.~ .. : :::'\,.:.! " . . -"',~ . ~', ...,~, ~~: , ',.; . ...,'.. .', :" ~:'; ; ,t; .:"1 .'j" '~:h f' ,.t \',,:~ .1 ~t':~~ " t.;'.. of thirteen (13) Hotel Rooms; 4,304 :.' 3. The rental under this Lease " .:.... . -, '. ',,' ....::,...\:. , Agreement shall be fixed as follows:" ',' (A) Tenant shall pay a rental for the tem of the Lease of' " ':' .' .'~' Sixty Three Thousand ($63,000.00) 'J '," ,',." ..'. .:- . Dollars, \qhich:shall' be payable 'in' \' '. '.; .' :. .... '-,' " equal monthly installments, in advance, Three 'Thousand Fiv~':Hundre'd " :rJv' ,', " . '6 day' of each month throughout. the; . .. "I," .: .~ ,: . f~ ,4' t ($3,500.00) Dollars each, on the " ,.' .~ .: " " " :: ;, . ,: , , " ': , term hereof and will be paid to Mr. Joseph Cekovich, 6996 ~lertzville' " .' .,,'- ,. , . I ,.~' ,I 4. The Landlord warrants and represents that Landlord: i!i the":scile oWner ~ :-:::.:~. ' . ';." , of the premises and of the machinery, equipment, furniture, and fixture~'le3scd Road, Mechanicsburg, Pennsylvania, 17055. .;, . ~.. ;. ',t.:' , , .. . ' .. ...-'" ", ..: ,. :....: .:.' ': .,\. .". , ,. :.' ".,','" ....., and restaurant and for the sale of alcoholic beverages in connection therewith .. ..i:, . .,' ~ .: :: >'.;' : r.: : _, ~. . Tenant ag'Cees that';it:wi1~:~t.':' 'i;,':< .' , .,.. _ ';_:".~!:,),:: : ';" 1::::'" "':~,;..;', ': r..;' use the p'Cemises or the machinery, equipment, furniture and~ fi:xtures:::~he,r~iii)litl1ate )::.: . ; J':: " :.:).': ,.., ,.':,,~/;':;;".~::i~ . :<~'~;;~';;:::~4:.':i'";:,, ~1.;: in such a manne'C as to inc'Cease the present ute of fi'Ce insurance; :;'~rep.ant,',;;!;./\:,;',i -':".',..: ::' . ,:;",:','.; ;,:;:: ,>":\:,_~i'i~~~~ . ;;::.J<:~.i:~;;~l~.:.;\.~ further agrees that it will not pemit the leased premisesto,'be'used)~;aily>~;}::;;:::i";::;: J. , ,,:,: ,,':.:,':\;:'::~::,r:T\~i:J::<:~ manne'C violative of the Pennsylvania Liquor Code, 0'C Rules and. Regula~ions, of:,',.' t.,:,:;:." -:. .;,; :ji?~,;,~~1~1~r~i 6. The Tenant will protect and preserve the premises,leased'.ll-e'CebY;'':,!lDd'.li\:';~'~ _ :.:' ',-: ':'f::t'.;:':~.-::::~l;,}~;; ,~.".\;' :~;;::.~,:~;t~:,iq'~:,~:: will keep the 'Cestaurant p'Cemises open fo'C businesS during' alf'regubit:lmd:f,,:.i":" ";i':i',~;.':" ,,' ,', ;5,~ ,,;.:: ;;,,;',~;::i:"';.li;r ;,',';6i;:':1";,dr:;;, customa'C)' hours on not less than six (6) businesS days ~ we~~:;::rf~i~~~~(~~~~i:I~,Ht:,:j . . .' ..... ~ ..,.;.of.....':'11l.\ .. '1""' .<: {. ~f ~.' . .,:,"..' (' . '. ~ '::'j~': .."....' f,:": r:;.....r..~: _ '....~.;;:... :_'r,';';;.,:': agrees to keep the leased p'Cemises reasonably stocked with ~ooci'an~; s.~i!~ced'\by,',;:;;'-i,\ ':' "'!'::::g':Tt~.j:~\1~~ ":';~;~~~~:~l~A::I\ ~ ..."" ,:'.Ir '\-' . .1#;"1 <:r r~. '.1' " i-'!.,. . _... ~ ..... ;'.' .,.. ~_~:" ;O~;.T,;II. ~':.,tl."~" . "', "::~'~c7f::::~<i;~<~\t~~H!; 7. The Tenant will not ma'C O'C deface any pa'Ct of' thep'CemiSes.....iTe'Dant',~';,;;:2 , ;' ,,;' ,,;::';( "';::.');;: :\.~ut.~:' will continue to display, and maintain, at Tenants expense,.~the"extci~ci~,~I~f, ~fMo~~~:'::' . . ~.' ::-.:~':'. ,~. "<~:;Yr ;:";. 'il:r~t..i.~/ ::~:,': Hotel" neon sign, erected on the exterio'C of the premises' imtU:;.:Tfan~t'Jta's,ex~ici's~i1 iU 'p"~ .n' pn" in foil <h. "n.""""~ ""eof'" m,~,i;.;U~;~t:CiGif;:~ ".:}>?,i):,:~,}~N;- ;::~:j~;iY:t,f.~::~ ,...' ,.. ",., ,q ,'..,' /, .~"'-,.',. t,t,:, .'~ ;;:,: /f ":,,;"," :~\",~,' t:;~;'~';:;:' . t _.. _.. _ ~.4 :. 1 ' ."",. fO ... '. " ' ,': . :::, . ~;,d ::.'_' :1' '.F ., 0'..' ,'. 'I .... ,'. ,'. f.. .; .,:.:~; .' . i \ "::t~~ :'. '.~ I . . . ..~ .~,,~' "\ . I~. ;:',f:'l j' I ',:. .;.' .. 'f. :-"~' -:" :. .f .., . . ",' , .,~ _ ." '; .~... ~. r: ~-..._~-~.._~~~-;:.':~~~ .. ';:, "'.-,:' The Tenant will use and occupy the leased premises as a hotel .. hereby. " . 5. and othe'C related uses and for no othe'C purpose. 'the Liquo'C Cont'Col Boa'Cd. employees in a 'Ceasonable manner. ( 2) I ~// IV / , ' I 1 I' I:,,' / ,." due, all premiums on such insurance. , , ,/ " ~ .~ " " Landlord and Tenant agree , " \: !\ that in'thc event that any of the property of the Landlord or Tenant . :'- ~ , 1" ~'" is damaged or' destroyed by' ,'... ' , , , . ','" fire or other casualty, the right, if any, of Tenant against Limdlord"with'respect .' ",;,,":">'~' ....:.::.~:;~.~> ", '.: .-:': to such damage or destruction is wai.ved as set forth in Paragraph Ii het:eof.,' All. , . "', . .' . ,.-" " .,' .-. ..1 . such insurance shall be written and maintained with responsibt'e companies licensed' . ,.' .:' to do business in the Commonwealth of Pennsylvania and curremt,ccipies' ,~f ~aid " " ~ . . ", " ........; pol ieies of insurance will be forwarded to Landl6rd. - ,..,> . 'i' .';, ".::' ..', 10. If the premises or machinery, fixtures, furniture, and ~quipment;are' ,:' . ."',.:....:~~~..::.~.:.:.;:):>' (.:. ~,.~;~.;.~,"..!','':', damaged, or partially destroyed by fire or othet: unavoidabl~",c;~l!J~!,i:i~0:th~~'t.,the':, ; ,....:.. "', '~";. ~!;'(':rf.:':~; ...~: '.'~:" .'.~: ':>< - . fault of the Tenant, whereby the premises are not rendered w\:101ty"'unte~l!nt:ab~~;::;::::': >: ': . ',,,,:; ';,::,.~~'/fi~:: ~:~'~:~~~1;::~' : ~..~. :~;,..:.:,.1\.?: .. ". ~:J the Tenant shall give immediate notice thereof to the Landlor~, and, tl)~i',!l'etiatil;';':?~:i ,;, ,:,,'.; ~j .(.:< ..'r:~r,:~:~':; ,\~, ~".;'::..~;-:";:-":"~~.l:~ " ~ Tenant's own expense, shall repair the damage 01: destrtiction,wr~ttTn a!'~,ea:son,!ble"'; ": "::"~.'. r', ..~.tl:-}r/: ..:..;.:t.,.....'.,;.'.",::.:~ However if t~e ,dama&e\o/;des~~5,~i~n'! . ,t~, ; . "..' . :~.. .\.)/::::~; '. ,::-'~~~~~~~>~':~':~".~' , has rendered the premises wholly untenantable the Landlo1:d mllcyelectl", within.,,",;;,;::"'" " . . >~:. :~V~.:. '<..'_:;'::'.s..~( ~-.~':t;;'::~,~:"'\;\1~:'~;:~: twenty (20) days, either to cancel this Lease Agreement ot: to' put the'i'premis'es, e::;"" :':::': .... ...~,: f, :~..,~\ ':~".:::. 'i+:'I~.~~ .:: ,\'< l~ ,~.:t<.:~:.,::,; and the 11l8chinery, equipment, furniture and fixtures in g~o:~~j~j~:~i.~:.,~~:~c/~,~~\t,~;~::f:,::: a.nd, in the latter event, the rent shall abate until thepreiai~e~:'ar;?iotail'y.. :~e7;::":;':: , :' ,"i, ,:,:,:.',:{.',::,y:,:-,;:'<i;!.;,{:i;::::::g:t paired; provided, however, that if the premises' are totally,'desJ1:oy'e.d'~' ,this"Lells,e:':'f'" I .,' '~;,:;~;,:~~~~/r~.\:-.'''Y:'.:~~~:~' ..:::<'~:~~~t~.~.!.t~\ Agreement shall cease as of the date of such destruction and: the 1l0tel';,Liquo'rl'; :/,!," ';';" '". ,". "",+.::::!; ~:):;:~~:~n:', ~~::~,:~:!'0:):.~ License shall be transferred by Tenant to Landlord fot: a consideration'of' one' :'\'(,'::+ . ~, "'- ..;...~.~;. ?;t~~ :~.::)~~;~~.:.;:.,.:~,. t~~/\>5~{" (~l.OO) Dollar. Tenant covenants to execute all documents necessary,,'to:effecto';,:.:.;:{" ,":; /~;o::'~ '~;,,;)j::/':)~i,(>~K: F the transfer of said Hotel Liquor License to Landlord herein. ',," ," '\"cC ',,":"~'w.!::' , . '. ';' ~:~~,~t,~{'i'a!~;,:,;j~,,:::,t~f!Yf;1f 11. (A) The Tenant will take good care of the'premtse~,and'the macninery,; . '.~','" t . ; ~ ,'._. '.,.l '.:,.' :.:~".; "::;\ '.; '. ,',-':: .~t;~ ;',',\.,' .; t~ furniture, fixtures and equipment, and will make all Tepairs/~~in~enan~~ -and:;;'~<::~' , ' " .. ' ~.... '''t ~...' : Co.:'... t.,,',::, ';.::..).,:.~':':~" palnting, except structural repairs ,necessary to preser:ve them', in;' good})rde1;,:~lld', " ~ .;'.' '.;~~',;~ : ,;',;:. , ';~:''''~'!~:.'::':, ~;: ).... I' .,~~. '1',: :'f;:::': f~~f. ;'. '. ;;....... i. ." : ,.p' . '~', '..:. ',I ,; :;,'f" ',"~ , I .\ ',,' .~ :......, . ~ :~ '~~ period of time and without abatement of rent. '(4) ~ ' /' / " ,;:'::,,'."'" ",di,i", ., ",.,,'. ,", "" .,d ,,,,,.,, .,d will ,,' /,'j of the machinery, equipment, furniture and fixtures, " .. : " ~ .. " remove. any . " " :' as itemized on Sch~dul'e t B" ',i: attached hereto, from the premises; and wilt execute and compty with all_laws, . . .:,'. . ~~. :: ," ordinances, rules and regulations at any time issued or in fo'r'ce;,appiicalile)o,;' . . :,.:., 'j'.. .":., ~..;"'" :';.' .' the premises or to Tenant's occupation thereof; and will pennit' the Lali'dlord to " ;: :~'. .' , ~'. ! " "1' ". '." make repairs to, alterations to, or improvements in the premises'which/t sh,;,ll', ." ."' . ::"., .: J" deem desirable or necessary to compty with the requirements of: the .~it'y.: Township " .' and State Authorities having jurisdiction, without being deemed to evict the.', . (' " .'.,: Tenant constructively or otherwise, in whole or in part; and will inde~ify th~:' L . . .' :. "'.', ,;.1 .." ,.' 'I" ~~, .... "..;. Landlord against all loss, liability, penalties resulting from any matter. gt:owing, . .' '_.': r"'..~~:'~-'~';><"~' ....:. out of the Tenant's 'use and occupancy of the premises o~ o~: th~,m~~~fri~h;tji,~~~~~s~.:i;:::l : .:',', "':" . . '. ~ :\\',,~_f::' ",.; ,;' :~: '. >. .~':. ~- ' ~:.,.';', furniture and equipment, whether or not due to: cat:elessnesjl, ,u(!iJ.~ge~'~~:;'~i: ~mPi:opet:, ',;';;, , :' : ,":: ::~). \:~;~:l;~:i '::::";'(::i:;:';':;';:::/" conduct of the Tenant, ot: its employees, guests ot: agents;~~d,'~11:,p~tm.J.f':.~lui:.'::.:;C;":;3' . .... " ~:: ~... ,:;"':":':>}:'~.'l:r.":' ,';;.7.:' ;.~.~. '~?,:',~.;' .\~ ~'/~:. , Landlot:d to post, during the six (6) months priot: to the expit:ation'of':the ,term::"i' ::~:k, ,,' ,':'>, ','~,i';;.~::) ,..")(:'C'f:':i;':';:' hereof, the usual notice "To Let" in a conspicuous place upon' the outside of tne;'i">:'(:';: , ".,: >;<i:\;i,:(:C,;;.'\:::t}.:;'i'!,;l/"~i.;:. pt:emises, and to exhi bi t the premises to prospec ti ve tenants; ',an<1" Wil1,sut:t:ende1:: ~,,';"':':: 0:- , :~ -;;. ",.,i:~~:~i: ;, ;:>:~::.~ii: )::;,:y;:\ the premises and machinery, fixtures, furnitut:e and equipment, 'iLt the"endof;;,:'.i:';;';:,';'):' ::;,.;:/" .old ..~. ". ",,{)~~;)y~rr;j;;1~,:r~~ . '.' f, " I'.~ I, '\'"..1.", ~.. \.;1..'... :....,.: 1 . ' ..\" ,;.... ,.. . ;:;. . I 'f f . ~ ., t' .... .,~ (B) It is acknowledged that Landlot:d will be t:esPonSible\for:at:l';,::';',~~,:h:,";;'(;'" , :: ;', 7.,:;~:r~;.':;::,:::,;::tf~ ~~,;.;~~/;t~~,~L, ~:i: structural maintenance and structural repait:s tht:ougho!l,t ,!=b,!l"te~ of:',~,hi!>,:J~Bse:.!':::' ;;.:::{ \ .: "1" .,.... :..1 ,~ . tHI '''1'' . , ""V I .N;;...., ,I , ~ .,. . : "::':\ ::. :,.;:~~~,,;,,::"III,,{:';..:;:ll':"i~."'i:' Agreement. Landlord warrants that he is not awat:e of any .p+.esent 'defects :as' to~'!! '~':',.::~~ , ,?:.' :'~~ :i ,\},:y:; ,':J\,;Y::;';:~i'{ ~'q!:'~~, the condition of the roofs on the premises. Landlord wi:ll. pla,c~. 'thl!" h~ating~'::'!::',;' (t',':i . . . >: ':.'~.:: <.~: F~:' ~",;:,:,?:,h ,;~,:,.,~;:,:,~;",'~';'.:i:", '.;,~ (~.' air conditioning, watet: pumps, on site septic system, .and;'~tili\i~,~::.'in.: g~od:'~;:id~g-:;;:,:, . '~~':,,;~.": ,.~,t, ":.:'~:~'~!..J ~;:~~:J:}:\>'" .';,"' order and repait: priot: to the cormnencement date of thisLea;e'Ag';e~~~~t;" ir~~after. " . . 4 :.:"~: :.~ :. : "~ .l.: t.~:~::.::{; ; ~~:: ". . .'.~ ::;;.~~'" ';',\ . '. Tenant will be responsible for the maintenance, repait: and/or",Tep'1aceinent'of'the 'j ...", , ,,'>,~ ;;:,;;:';:';',:, :'(::;:::; ",,:~ .;::.:,!:" ;.:;-;:;. said heating, air conditioning and util tties. Landlot:d;' bowe'ver,wi'l1' be "1:esponsible:: ) ;P'3.!.,'~r 'L1r>;.~ ".;~ (5) -, '. ':'i' ,,; " " .~ '. .:; I " ,'.. ,-," .,.. .' . ~ ; ..~. " .'. 1;,:: , . .'~'>~: -:" . ' .'~ \..... " ~~..~:H~~~tfi'.?;?~~~;~ti~~ .' ',' , '~ ,. ,,' r 9'" , ~#~;j. , ' ,',' Secretary . ~ . " j .. '.. i. 'II ,l. r ,.,.' ~...,". 'I' I .;:. ~ ". :~ -'. ',' ,~ Upon the date of settlement set forth in the Agreement of Solei', " ,~ \' ..' '.J~""..~::..,~,"'~".t~::~~,..,, 1 , the judgment notes referre(to .1n7:'.i".:,"~"",:"~' :~ ,'. ,'.:~ :,~.r> :,'~:;:.l'~~i~.'r~_i'~ r:/ :!/.. i - . executed concurrent1yl,~'''': ,..,,; .,;.':.. I " 'r ~. ... I ; ~ ':'~ :.. '..'; l. .: '~':.." ;. herewi th (namely, Qne note in the amount of Twenty 'thousand ($20~'cio~,:.~~f~":':, ~ ? ,. .', . '" r"'t..ll" ..... ~" {"'.::." . ~. Lumadue~ Boo):me.'::, ;...I~.'. 'I~'~' ,:: . '. .. 7'" _::~\\'::'I" :~i~~~-:.'.h ,". : shall be redeeined in" ~':'.." :.' ;,t;',;,,'i,~;~c~,~'~},J" " IN WITNESS WHEREOF, the parties have caused this Leas~ ,:o.,;~~,:;~;f~\~~~:t~~~Kh{, d of the day and year first above written, intending to be legaliy.'b~'u;';;fheTebh:';:'1<;;+~-':). . . . ..,'.,:"",1:'\''''';''1...'-.,:;-,,1 ,," ;' ',: , <,' ',:" ,j': i :,:::~;~i~:;::XJ?: ;:ti; ',I; ,<::;J , ~', ~, _, ," ,II 'f' .f',' . I ,I ....,.. ., . ,. '1"1 . . . ~ " :'~:;': .r,::'. : ';'!'~;Vi,~~\~!'~~~~~'.~: :.'.:_;:.'t. ;. :;;~~ VISAGGIO'S', me" ". I I" .. r ~f,:...l>.)t' ,t ..... ..... . .\"1 .. '.. ,", .' ,.....,,~. ""'~' ..... - . . , "to' I, .'.,' ~'f . ...-.'1.....'.. "."1,;"1.:' : v..j " '.""rl ..r.,;..,. , ..,. \':~;"":'':''I'.~,'~''';:~~'';'''' ...,..] . ' ... ., ~. I. ..,'" ' . "",~,: ... (" , '. . ,.1 ~~ .~ .'~' <:, :.'~, ,.,:~.;:~:~s~{:;~:.i.~:f'~~::~:~ {\':':~~ I ,,- '. .'j .". '.. '~. .,~' \. r '. '''1 "1i~~1~;;i: ;,,~~ ," ",g'0'::';;;>'f'::' ':',,1 '." ~~ ,...., ......'1.. .... .. I >\i.:.\~"....:.' ....fi......~'. \. ':', '" 'I" ,"..,..."." 'I ", .". }~~(i'i'fi;;::'!i .' ;,; ~'.Il1 '....' ~ .' '.. . ;: ' ...'..,. . 'I;"~': . h:';" ,;~::. ' " ':., ".'V".:.....t"" -' r,,' · ;!.\i';,;'~',:n(' '~'. ;',ll,t"",. ..,:,I~,i;.:,;,~ >:::;-: " ." ~. \..1.../..... { . ~"-' . .' " :..... .': ...., .~,:~.~...:::..., :::~. .;~..~~::,\,./: i:ri :','. . (,. ~ :~ .. ,,~ . ': t 'I , ':1 t .\'. (G) attached hcreto as Exhibit , .., .', thc Agrecmcnt of Sale - Hotel Liquor License, Dollars executed by William J. Lumadue and Rosemary S. note in the same amount executed by Keith Sh~ffer) cash. WONDER WHY, ~ .' ~ , ", ~ " '. - .... .' ~ . ATTEST:': '." 0" tJ/;Ik~:~fL ; ,: ,_ Sec-i/6 y ,- By: ," " , . ~ ," I'........... 2 3 4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2.'l 24 25 .,~ 47 HR. SNEL13AK~~R: I would like to call IHlliam Lumadue briefly, ann with Mr. Eakin's consent, I would like to break his testimony really into two parts. One would be to give some -- to introouce photographs, and the other is to establish the contents of the room. I think that that is in the original testimony. If it is, I won't go through that again. Then I would like to call Mr. Bricker for evaluation purposes, and then I I./Ould like to recall Mr. Lumadue for his principal testimony. Do you have any problem with that? MR. EAKIN: I have no control. You can call anybody in any order you want, as far as I a~ concerned. TIlr. AUDITOR: This is the time and place for the continued hearing in this matter. Would everybody who is going to testify please raise their right hands to be sworn? (Discussion held off the recoro.) MR. SNELBAKr.R: Recall Mr. Lumadue, who was testifyin at the time we last met, I believe. IHLLIAM LUMADUE, called as a witness, being duly sworn, testified as follows: DIRECT EXAllINATION BY MR. SNELl3AKER: Q l1r. r,umadue, with regard to the facility, the room arrangement that Mr. Alhert Miller occupied, will you please GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17\01 PHONE 17171234.2109 - ( " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ID 21 22 23 24 25 '",,,J 48 go through the articles of personal property, that would be furniture and furnishings that were in the room, and for which you have made claim for damages in this case? MR. EAKIN: Is that before or after he died? MR. SNELBAKER: This would be both before and after. MR. EAKIll: He specific on the one question so we can get this Dead Man's Act objection on the record, the ones that are appropriate. BY MR. SNELBAKER: Q When did you assume the operation of the motel? A August 8, 1980. Q Was the facility which was occupied by Albert ~liller furnished at the time you took over? A Yes, it was. Q Were the same furnishings in the room when Albert Miller vacated the room and you determined the conditions? A Everything less one TV. Q When you are testifying as to what was there, it would be what you had when you took over in August of 1980, and what you found after his death, which I believe was February of 1981? A Correct. Q Will you go down over what was there, please? A Bedroom, there were t"o nightstands, bed, chest of drawers, and a dresser. Living room, there were two chairs, GEIGER lit LORIA REPORTING SERVICE.INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE (717) 234,2109 ,~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 Z3 24 25 '<<.,.,..i 49 coffee table, sofa, I believe there were a few lamps in there, which I suppose we still have. Q What did the bed consist of? What type of bed was it? A The bed was a hookcase headboard. It was solid wood. I don't know, oak, or something like that. Box springs and mattress, which were not normal hotel or motel type furnishings. They were much better quality box springs and mattress. MR. EAKIN: I object. He is going beyond the questio , and if we get into that, then we have to have a preliminary investigation, what is usual quality for motels. TilE AUDITOR: \~e will sustain that Objection. MR. SNELBAKER: No problem with that. That's no problem. BY MR. SNELBAKER: Q Did you, after 11r. Hiller's vacating of the property, take some photographs of the items immediately thereafter? A Correct. Q I am showing you photographs and I will ask you whether or not those are photographs which you took? A Yes, they are. Q When were they taken? A Oh, I will say a week, two weeks after his death, something like that. Q Do those photographs represent the same conditions that existed at the time you first observed them after he GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE (717) 234,2109 "-..,, \,,,,,,1 50 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 00 21 22 23 24 2.'; vacated the property? A Yes. He was tho only person in the room. I mean, there was no one there after he left. Q Do these photographs represent the conclitions as you first saw them? A Yes, as far as a photo can represent it. (Photographs produced and marked Exhibits C-5, C-6, C-7, C-8, C-9, C-lO, and C-ll.) BY MR. SNELBAKER: Q Exhibit 4 is a photograph of what, Hr. Lumadue? MR. EAKIN: Let me put my Dead Man's objection on the record, and then we will have that done with. I object to testimony from the witness. The only inference to be raised from the photograph is that Mr. Miller did something during his lifetime to damage the piece of personal property shown thereon As such, this testimony is incompetent of the Dead Man's Act. I am aware that the Master has made a ruling on it, but I want to put the objection on the record, and I point out that this is a matter of competency of the witness, and not a rule that eliminates all adverse evidence of the decedent. It is the witness that is incompetent and not the evidence. THE AUDITOR: Your objection is noted, ~Ir. Eakin. Thank you. MR. SNELBAKllR: I would want the record to show that I am offering this not to prove what the decedent did, but GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171234,2109 -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 22 :?'l 24 25 .~J 51 to sho~1 the conditions subsequent to his passing, as stated in my memorandum. BY MR. SNELBAKER: Q Exhibit 4 is a photograph of what? A Box spring and mattress on the bed. Q In addition to being a picture thereof, is there any other purpose of showing it? A It is to try to show -- which didn't show up all the way urine stains and blood stains. The blood stains do sho up in the photograph, but you can't we aren't professional photographers, so we didn't get the lighting correct to get all the marks. Q Would you point out so everybody can see where those stains are? A Right in the center of the picture, right in this are . Q Exhibit 5 is a photograph of what? A Well, a photograph of a dresser that was on the left-hand wall in the room, and it is trying to show that the dresser top shows on this particular photograph three or four cigarette burns. If you could get a shot of the whole dresser, you would find there was probably fifteen cigarette burns. MR. EAKIN: He is just identifying photographs there. BY MR. SNELBAKER: Q In addition to what was there, did you observe any other damage? GEIGER 6 LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE (7171234.2109 52 .. 1 2 3 4 5 6 7 8 9 10 11 12 f, 13 14 15 16 17 18 19 ro 21 22 22 24 25 \,.,,;) . A Cigarette burns across the top of the dresser. Q How long was that dresser? A Seven foot. Q Showing you what is marked Exhibit 6, I will ask you what that is? A That is the nightstand next to the bed in the room. Q You indicated there were more than one nightstand? A That's just one of them. We just took a photo of one of the nightstands over there, and the same thing shows up here. Q When you say the same thing shows up here, what does that exhibit show? A It shows a lot of wa ter stains and beer stains on to of the dresser, along with cigarette burns across the top of the stand -- I am sorry, stand. Q I see what appears to be light marks on the top of that piece of furniture. A That's either water or beer stains that lifted the top of the furniture. Q The finish? A Tbe finish. Q Showing you what is Exhibit 7, I ask you what that i ? A That was the sofa that he spent a lot of time on. Q What does it show in addition to being a piece of furniture? l GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE (7171 234,2109 "-', 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2il 21 22 :?2 24 25 I,,,,,) 53 A It shows partially the blood, the urine, the cigarette burns, the beer stains. The only thing it doesn't show is the smell. Q There are wha t appear to be dark spots like on the front of the sofa that would be below the seat toward the floor. A Blood. Q On the seats themselves there appears to be dark stains. A Blood. Q On the armrest, which appears to be on the left side of the picture? A Blood. Q I also notice that there is what appears to be a change of color on the pad or the pillow on the left side of the picture, and I am showing you what is at the area of the crevice between the two cushions. A A combination of God only knows what. Q Is there, in fact, damage to the fabric itself at that location? A Oh, yes, cigarette burns. There's some cigarette burns here, and yes. It is just a combination of blood and urine and beer, and you know, I can't pick them all out. Q I am showing you what is marked as Exhibit 8, and ask you to identify that. A That is a chair in the room that was against the back GEIGER a LORIA REPORTING SERVICE.INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE 17171234,2109 . f: " \',,,,,; 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2il 21 22 23 24 25 wall. Q It is an upholstered chair, I take it? A Yes, it is upholstered. There was a matching chair and sofa in the room. Tha t' s the ma tching chair to the sofa. Q Is there anything damaged about it? A Everything. The arms have cigarette burns in them. The seats have heavy blood stains on them, and again, it is between beer and blood and urine allover the seat. You just can't pick out a particular spot. Q There is 'also another article which appears to be on the seat of that chair itself. What is that? A That's linens that were in the room that were covered with blood. Q I am showing you Exhibit 9, and ask you what is that? A That's the second upholstered chair that was in the room at the time. Q In addition to the picture of the chair, does it also show any damages? A It shows the blood again over the top of the -- over the side of the chair on the arm of the chair where he rests his arm, that's all blood, and just marked up and ripped. I don't know how he would do it, but that's -- Q Not how anybody would do it, but are there damaged areas of the fabric? A There's tears in the cushions and on the arms of the GEIGER 6 LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE 17171 234,2109 . 1 2 3 4 5 6 7 8 9 10 11 12 f) 13 14 15 16 17 18 19 2D 21 22 23 24 25 ~,,,;,,i 55 chair, and again, if we were professional photographers, you would see there is blood also in this area. Q Exhibit 10 is a picture of what? A It is a picture of a chair that we have a closeup of, and it is just broken. A picture of the chair that was in the room. Q The top of the chair -- I am talking now about the neck area or head area of the top of the back of the chair -- does that show any damage? A That's showing more blood. Q Exhihit 11 is a picture of what? A A picture of the floor in the kitchen, the tile floor in the kitchen. Q There are some what appear to be marks on the tile that are different from the tile color itself. What is that that we are looking at when we look at that different color? A That is a section of the tile that were ripped up out of the floor. What is it that we are looking at when we are looking Q here? A Q A Q A That is the subfloor. What is that substance? Particle board. This is located in what area of the unit? In front of the stove. GEIGER a LORIA REPORTING SERVICE.INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE (7171234-2109 (""1 ) ~..;i 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 22 23 24 25 Q Did you, since the last hearing, engage a person to evaluate the value of these articles that you have referred to as the personal property? A Yes, I did. Q Who is that? A 11r. Bricker. Q Did you show him these photographs? A Yes, I believe he seen the photographs, yes. Q Has he also exhibited the similar materials to those which were shown in these photographs and that you have seen? A As close as we could get, yes, comparahle. Q nid you have him at your place? A Yes, we did. rm. SNELBAKER: That is all I am going to have him testify to at this point, Hr. Eakin. CROSS EX~~INATION BY MR. EAlaN: Q Did you sho~1 Hr. Bricker the box springs? A No. Q Did you sho~1 him the dresser? A No. Q Did you show him the nightstand? A No. Q The sofa? A No. GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE (7171 234,2109 '---, , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 22 Zl 24 25 ....." 57 Q The chair? A No. Q The second chair? A No. Q Did you tell Mr. Bricker what you paid when you bought the box springs? A No. Q \~hat did you pay when you bought the box springs? A Three hundred fifty thousand dollars. Q Mr. Lumadue, you are making a claim because somebody damaged something you owned, correct, your corporation? A Right. Q I want to know what your corporation paid for it. A It was in the purchase price of the units, and I don't have every item itemized as to what we paid, but the property cost me a lot of money. Q I understand that. You have an agreement, and that exhibit that was missing, you showed me part of an agreement here, and we admitted it into evidence. I think Exhibit B was the personal property you agreed to. Do you have that with you? A No. Q Can't we see Exhibit B -- MR. SNELBAKER: The appropriate question would be was there ever an Exhibit B. BY MR. EAKIN: GEIGER 6 LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17\01 PHONE (7\71234.2109 (1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 f 15 16 17 18 19 aJ 21 22 23 24 25 '-- 58 Q Your agreement calls you to pay $15,000 for certain items of personal proporty, isn't that true? A I don't know what the exhibit figure I~as, whether it was $15,000 or $30,000. THE AUDITOR: r.xcuse r.1e a minute. Mr. Eakin, are we referring to what was marked Claimant Exhihit 3, a pcrtion of that? MR. EAKIN: The way I understand it, we were given this numher three, which were excerpts -- THE AUDITOR: Of an agreement of lease and auction? MR. EAKIN: Right, excerpts. MR. SNELBAKER: I offered this to indicate that we were, in fact, buying a motel, and we were operating a motel when that issue was still viable. MR. EAKIN: ",his is the c10CIlr.1ent that shows Visaggi,ci' is the party in interest. lVith that, they have really no claim at all, because they don't own it. They bought fixtures, equipment, furniture ann machinery, fully itemized set forth in Exhibit B, but there is no Exhibit B, and I passed the word along, let's see Exhibit B. Now I would like to see Exhibit B, because that shows when they bought these things, and evidentl what they paid. THE AUDITOR: What you are referrin') to is a portion of what Mr. Snelbaker offered and was admitted as Claimant's Exhibit 3? \ GEIGER! LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171 234,2109 () 1 2 3 4 5 6 7 8 9 10 11 12 13 ',.. 14 15 16 17 18 19 ro 2t 22 23 24 25 ../ 59 MR. EAKIN: Yes, Claimant's 3. THE AUDITOR: Go ahead. BY IIR. EAKIN: Q Where is Exhihit R? A I don't have Exhibit B. That was an exhibit that never got, I don't believe, formally typed up by the seller. Q Are you saying thnre nnver was, just to clarify, that there never was a list of fixtures, equipment and furniture, which you purchased from Wonder Why? MR. SNELBAKER: I would like to object or ask for a clarification of the question. I think the question would be, did Ilr. Lumadue, through Visaggio', S" ever have an Rxhibi t B. HR. EAKIN: I would like to knmo/, was an exhibit THE AUDI'rDR: I think the question was okay as it was asked. BY MR. EAKIN: Q Did Visaggio's ever have a list of fixtures, equipment, furniture and machinery which they bought from \'Ionder \~hy? A Yes. Q Where is the list? A I don't have a list \o/i th me, anrl the list, I don't know if it ever formally was attached to the agreement. We ha a separate handwritten list at the time we purchased the prope Whoever typed up all the agreements did not officially affix i GEIGER a LORiA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE (7171 234,2109 I i ~, I I I I 2 , I 3 I , 4 I , 5 I I I 6 I 7 i , I 8 I I 9 I I , 10 I 1l I i 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 """'/' 61 depreciates it, I can't give you a structure of it. I am in the middle of doing the year end statement __ THE AUDITOR: Mr. Lumadue, if you could just respond to the questions asked of you. BY MR. EAKIN: Q Is there any reason why you cannot produce Schedule to Vissaggio's tax return? Do you have that? A I can give it to you if I have it, if my CPA has it. Q Is there any doubt that your CPA has it? A There shouldn't be any doubt. If he has it in his files. Q We will pass that for now. If I ask you the same questions about all these other things, would your answers be the same? Specifically, this seven foot dresser, what did you pay for it, you don't know, it is on the list, you might be able to corne up with a list of the furniture, you might not? A It wOllld be the same. Q You might have it on a tax return if the CPA has it? A If I have the list, it is available. Q Your answer would then be the same about the nightst d, sofa, chair, and the second chair, right? A Yes. Q How old was that box spring at the time that you took that photograph? GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171 234.2109 !"""I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 62 A I have no idea. Q Would that be true if I asked you the same thing about the dresser, nightstand, sofa, chair and second chair, you don't know how old they are, either? A I couldn't tell you exactly, no. Q For each of those items, do you know how much was paid for them Ilhen they were bou']ht new by \'/onder \~hy? A No, I don't. MR. SNELBAKER: Just so there is no misunderstanding, I intend to get all of that suhsequently. MR. EAKIN: You laB the groundwork for Mr. Rricker' s evaluation. It is proper. MR. SNELBAKER: I am not saying it isn't proper, I am saying I am coming back to this. BY MR. EAKIN: Q \~hen did you hire Mr. Bricker to do this evaluation? A A week ago. Q Around the seventh of July? A The second of July. Q Specifically, what did you tell him you wanted to do? A We wanted an appraisal as best he could of the furniture that was in the apal:tment at the time. Q At that time, as I unnerstand it, you had none of this furniture to show him? A I am sorry. I wasn't there when he carne in. My wife GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171 234.2109 1"1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 "",'" 63 handled showing him what was available. The dresser is available and the stand is available for him to appraise. The rest of it is destroyed. Q The dresser is still there? A Yes. Q Still in the room? A Yes. Q The night stand is still in the room? A Correct. Q \~ere these the only things -- A That he could see. Q These photographs depicting the items of personal property, the only items of personal property he was asked to appraise? A And ones he could see, yes. Q Were they the only ones you asked him to put a value A I asked him to put a value on comparable Q I don't want to mislead you. You have shown items here. Was there something else you wanted to appraise? For instance, twin mirrors, you didn't ask him to value twin mirrors? A Yes. Give values on what they would be. Q Were they there? A I wasn't __ my wife handled it. I wasn't in the apartment to see what he might have seen at the time. I was GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE 17171234.2109 1"-1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 -,-" 64 out, and I don't know what all he did see. Q Is it fair to say maybe we ought to ask your wife these questions, and I am asking you, because you don't know the answers to them? Would that be fair? A I guess. MR. SNELBAKER: If you don't know, you don't know. A I don't know. I wasn't in the room at the time, so I don't know what he saw. BY MR. EAKIN: Q You do not really know what was discussed with Mr. Bricker at the time. he was hired to put the value on, because your wife did it? A Correct. MR. EAKIN: Then I have no further q~estions at this time. MR. SNELBAKER: I will call Mrs. Lumadue so we can get that part out of the way. ROSEMARIE LUMADUE, called as a witness, being duly sworn, testified as follows: DIRECT EXMIINATION BY MR. SNELBAKER: Q Would you state your name, please? THE AUDITOR: Let me remind you, you are under oath. A I know. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE 17171234.2109 . ,~ 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 Rosemarie Lumadue. Q Are you related to william Lumadue? A Yes, I am. Q By what means? A I am his wife. Q There has been testimony here that Mr. Bricker was a your place of business within the past week or so? A That is correct. Q And made an observation of certain things. What did you exhibit to him? A The bookcase bed, is what he saw, and I don't know ,what else. I imagine he saw the one dresser, and that's all. Q Were there mirrors with the dresser? A Well, he saw the chest of drawers, I am sorry, the chest of drawers and the bookcase bed. The rest of the bedroo suite is in apartment seventeen, and I could not take Mr. Bricker in there, because Mr. Jones, my tenant, has a burglar alarm. Q What he saw was the bed A Was the actual bed that was in Abbey Miller's apartment fifteen, yes. Q Do you know whether that bed was a part of a suite 0 a group that included the dresser and the nightstands? A Yes. MR. SNELBAKER: Mr. Eakin? CROSS EXAMINATION GEIGER a LORIA REPORTING SERVICE.INC" 1000 MARKET STREET, HARRISBURG; PA. 17101 PHONE 17171 234.2109 I"") '.-' 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ID 21 22 23 24 Q You say that is storage? A Yes, sir. Q Frame, that is with the headboard? A Yes, sir. Q You say night stand. Where is the nightstand? A In apartment seventeen. Q You say two nightstands, okay. The mattress was discarded? A Yes, sir. Q Springs? A Discarded. Q Sofa? A Discarded. Q The two chairs? A Discarded. Q You asked Mr. Bricker to give you a value on a mattress? A Yes, sir. Q How did you describe that to him? A I told him it was a floral covered mattress and box springs. Q How old did you tell him it was? A I didn't. I didn't. Q What did you tell him it cost when it was new? A I didn I t. Be didn't ask. 25 GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE 17171 234.2109 ""\ I I I I , I I ~,,,,.J ID 68 I Q Would your answer be the same if I asked you about 2 the springs, the sofa and the chairs? 3 4 A Yes, sir. Q You didn't know how old they were, you didn't tell 5 6 him, they weren't there for him to see. How did you describe the springs? 7 8 A The box springs? Q Yes. 9 A When I was in motel number eight to show him the headboard that belonged to the bedroom suite, he said, would 10 11 this box springs and mattress be comparable to what was in 12 apartment fifteen, and I said, yes. 13 Q How about the sofa? 14 A The sofa, I took him into apartment fifteen, and 15 there is a green sofa, a green chair, and I said, Mr. Bricker, 16 this would be comparable, in my jUdgment, to what was in this 17 apartment. 18 Q That would hold true also for the chairs, right? 19 A Yes. Q You felt something that looked like it would 22 21 apprise this one? 23 24 2-5 A Yes, sir. MR. EAKIN: That's all the questions I have of her n w. CHARLES BRICKER, called as a witness, being duly GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE 17171 234-2109 '1 1 2 3 4 5 6 7 8 9 10 11 12 ''',- 13 I 14 15 16 17 18 19 ro 21 22 23 24 25 I",,) 69 sworn, testified as follows: DIRECT EXAMINATION THE AUDITOR: Mr. Br icker, you are under oath. BY MR. SNELBAKER: Q Give us your full name and address, please. A Charles Bricker. Texaco Road, Mechanicsburg. Q What is your business? A Auctioneer. Q How long have you been in the business? A Since 1965. Q Have you had experience in valuing and appraising articles of personal property, household goods? A On estates and divorce cases, et cetera. Q How long have you been making appraisals? A Since 1965. Q In addition to making appraisals, you said you are a auctioneer? A Correct. Q What nature of work do you do in connection with being an auctioneer? What type of sales do you conduct? A Household furniture, and most anything, tools, equipment. Q Where do you do this? What type of sales do you con uct? A I have an auction house, so we sell furniture every week. GEIGER a LORIA REPORTING SERVICE.INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171234.2109 ,--, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 ".,,' 70 Q You are located at what address? A 93 Texaco Road, Mechanicsburg. Q In addition to your auction house, de you conduct sales on premises? A Right, right at the home of estates, people moving. Q How many sales do you conduct in any given period of time? A Well, the last three years we have done over one hundred a year. MR. SNELBAKER: I am going to offer Mr. Bricker as a expert in evaluation of furniture. MR. EAKIN: I have no objection to his ability to evaluate. I object to his testimony, but I guess we will wait until he asks the questions. BY MR. SNELBAKER: Q Mr. Bricker, did you visit the Vissaggio's motel on Wertzville Road? A Yes. Q Have you been present here this morning to hear Mrs. Lumadue testify as to what she exhibited to you? A Yes. Q Is her testimony correct? A Yes. Q In addition to that, have you had a chance to see and study Exhibits 4 through II, which are the several photographs GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA. 17101 PHONE 17171234.2109 ..- , I I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 71 which we have previously identified? A Yes, I saw them. Q Based upon those observations, do you have an opinion as to the values of the individual articles? A Yes, I do. Q First of all, with regard to the triple dresser with mirrors, what is its value, without the damage? MR. EAKIN: I object. First of all, we are going beyond the pleadings. This isn't pleaded. Secondly, I don't think that the witness is qualified to give his opinion of the testimony, not because he is not qualified as an appraiser, but that he has not been furnished with the necessary information to make an appraisal. THE AUDITOR: With respect to this particular item, Mr. Eakin, it is my understanding that Mr. Bricker actually viewed this item. Is that correct, you viewed the A We viewed the chest of drawers. THE AUDITOR: Is that the item we are talking about here, the triple dresser with mirrors? A No. MR. EAKIN: If he didn't see it, I don't think he can appraise it. MR. SNELBAKER: He sees it here. It is Exhibit 5. Tha t is why we have Exhibi t 5. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171234.2109 f" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 .-- 72 l MR. EAKIN: I submit you cannot appraise a photograp THE AUDITOR: Do you want to respond to that, Mr. Snelbaker? MR. SNELBAKER: with regard to the pleadings, I am not sure that I understand that. If what you are saying, I pleaded 19-19-85, and now I am changing that to something else, yes, that's true, but that is because of a ruling that has bee made, and I would assume I would be permitted to amend as of now to show what the true value is, based upon the measure of damages, which the Auditor has found. If I can't, then I am going to ask leave, and I will go back and refile the thing, and we will start over. MR. EAKIN: I don't think you can plead one thing and plead another. You cannot say, replacing a triple dresser, then show that you still have it and corne in and introduce evidence of an appraiser of what he thinks it might be worth. TilE AUDITOR: I think you can prove your damages as best you can. If your damages don't turn out to be. what you plead in your claim -- MR. EAKIN: I made the objection. MR. SNELBAKER: I would also want to state that the question of whether or not it is replaced or to be replaced is totally independent of whether it has been kept and retained. We still have our damages, nevertheless, whether it has been kept. It could be kept and used for firewood, for heaven's GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARHISBURG, PA, 17101 PHONE 17171 234.2109 .""'" I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 u_'" 73 sake, and it would still not detract from the fact that it was damaged. MR. EAKIN: If this is the time to argue that, I wil be glad to argue it. THE AUDITOR: Let's go off the record. (Discussion held off the record.) BY MR. SNELBAKER: Q Regarding the triple dresser with mirrors, what was its value prior to and in an undamaged condition? MR. EAKIN: I want to put an objection on there now for the reasons already stated. Unless he shows that he has seen it, I don't think he is competent to appraise it. THE AUDITOR: We are referring to which exhibit now, Mr. Snelbaker? MR. SNELBAKER: I am referring to Exhibit 5, which i a photograph of the triple dresser. BY THE AUDITOR: Q Mr. Bricker, do I understand that you did not actual y see this piece of furniture? A No, we didn't see -- we saw one that is to be compar ble to it. Q You saw what was indicated to you to be a comparable piece of furniture? A Right. Q You saw another item which was indicated to you to b GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171 234.2109 t'",! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 ,.....,l 74 part of a suite? A Right. Q You saw only this photoqroph which has been marked Exhibit 5. A The damaged piece. THE AUDI'I'OH: I am <]0 i n9 to let you s ta te your opinion. A 'l'he value we placed on the cOl11porable dresser -- we saw two, then. BY HR. SNELBAI<ER: Q No, no, just answer the qucstion. The question was, what is the value of thc triple dresscr that has been described here today and is shown in Exhibit 5 in an undamaged condition? A We valued it at $250. 'l'hat's the triple dresser. Q As damaged and as described, what is its value? HR. EAKIN: I object to this. I think the items of damage are so unique to the damaged item that it is absolutely useless to look at a comparable to get the estimate, of damages. Unless he sees it, he cannot givc an estimate of it. BY THE AUDITOR: Q Based upon a dCBcl:ipti.on of dilmages to an item, are you able to givc an opInion [Hi to the value of the item? A You mean bcfore thin damage? Q l>ollowineJ the dilmaqc, baBccl upon the description of the damagcs, not. upon i1Ctllillly sceing the item. l GEIGER a LORI^ R[PORTlNG SmVIC[, INC" 1000 MARKH STREET, HARRISBURG, PA, 17101 PHONE 17171 234.2109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 ......../ 75 A I think so, but seeing comparables, dressers. MR. EAKIN: You would have to see comparable damage. BY THE AUDITOR: Q Based upon a description of damage? A We are seeing it here in the photograph, is all I am l Ii r I seeing. I haven't seen it in the actual. Q What is your answer to the question that I asked? MR. SNELBAKER: Can you give an opinion as to its , value, based upon its description of damages? That is the que tion.\ i Either yes or no. \ I BY THE AUDITOR: l Q If you are able to, say so. If you are not able to, say so. Can you answer my question? A I don't really understand the question. Q My question is, Mr. Bricker, you see what is describ to you to be a comparable to a piece of furniture, okay? A Right. Q You see what is described to you to be anqther piece in a set of furniture, okay? A Right. Q Then damages to the piece of furniture are described to you. A Correct. Q You never saw the piece of furniture itself? A Right. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 17171234-2109 t""1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 76 Q Based upon thn!:, t:hose things I just outlined for you, arc you ublo to oxprnsB an opi.nIon upon that item of furniture damu<jell aB c1l'ucrlbnd 1:0 you? A Yes, I think I Hill. 'rill' AUIlI'I'OH: You think you can. BY MR. SN1~[,BAKEH: Q Whut would thut val.ue be in its damaged condition? A You want the val.uc ns it is right here for the damag d piece? Q Hight. ^ with the cigarette burns, stuff that I am seeing there, I would say anywheres 30 to $50 would be all it would be worth in that condi.tion. Q Take a number, if you have a number, that it is wort , what value would you see it worth? A Let's say $40, okay? Q I want to ask the same questions with regard to each of the other items. \~ith regard to the headboard and bed fram , which I believe you saw? A Right. Q Wha twas its va lue pr ior to damage? A The headboard, it was a bookcase headboard, and a go d metal frame that we saw, and we valued that at $100. Q In its present condition, what is its value? A In its present condition, it probably would be about $20. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE 17171 234.2109 ,-., I 2 3 4 5 6 7 8 9 10 11 12 1:.1 13 14 15 16 17 18 19 ro 21 22 23 24 25 ~.~~ 77 Q It was indicated that there was a mattress and box spring went with that particular frame, and Mrs. Lumadue has indicated that she showed you a comparable piece, pieces that were in storage. A Correct. Q It has been testified that there were blood stains and urine stains, and that that article was destroyed. A Yes. Q Prior to being stained, as indicated, what would its value be? MR. EAKIN: I object to this. I think that he canno give an estimate of a mattress by looking at another mattress. There is evidence here that he was not advised of the age of i , didn't know how old it was. There has been no groundwork laid that he even knew who the manufacturer THE AUDITOR: I think that is a point well taken. Particularly an item such as this, the age is going to be of grea t ir.lportance. MR. EAKIN: A mattress is such a personal thing, I think unless you see it you can't appraise it. MR. SNELBAKER: We see it. It is in Exhibit 4. The e is a mattress here. MR. EAKIN: I don't see it in Exhibit 4. I see something that looks like fabric with designs on it, with a couple stains. That's what I see on Exhibit 4. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE 17171234.2109 A ... .\' , "~.i I I l , 1 .j ~. 1 1 .~ 78 1 MR. SNELBAKER: Maybe that is what you see, but the 2 testimony indicates that that was a picture of a mattress and 3 box spring in its frame as a bed. 4 MR. EAKIN: I don't want to belabor the issue, but 5 you cannot -- 6 MR. SNELBAKER: I want to go on with it. 7 THE AUDITOR: As I recall Mr. Lumadue's testimony, 8 he took a photograph of a mattress. He identified Exhibit 9 No. 4 here as the photograph that he took of that mattress. 10 The problem that I recognize here is that we have 11 no testimony on the age of the mattress. In addition, it is 12 my recollection that we have no testimony on the condition of 13 the mattress at the time the decedent, Mr. Miller, even moved 14 into the room. I think those are essential factors. MR. SNELBAKER: I thought I already covered that when 16 I had Mrs. Lumadue indicate what she showed to Mr. Bricker what 15 IT she felt to be a comparable mattress. I have nothing else to 18 go on except the photograph. 19 THE AUDITOR: This is going to go to the weight given ro in the testimony, Mr. Eakin. Your objection is noted. 21 MR. SNELBAKER: I would also want to point out that 22 the value of these items were included in the total of a lease 23 purchase arrangement that was consummated some half a year befo e 24 that. To these people, these were serviceable equipment. 25 We will put on testimony on that. When we are talking here GEIGER a LORIA REPORTING SERVICE, INC" 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE 17171234.2109 .- I 2 3 4 5 6 7 8 9 10 11 12 lit''' 13 14 15 16 17 18 19 ro 21 22 23 24 25 ... 79 about what its ugc wus and what the value may have been under the contract, one must obviously take as Mr. Lumadue has indicated -- look at the total as far as they ar.e concerned MR. EAKIN: If we are going to argue this, I think I ought to argue back. I have an argument. MR. SNELBAKER: You raised it, Mr. Eakin. THE AUDITOR: Gentlemen, if I may, I think we can proceed with Mr. Bricker's testimony. I have noted the proble s I have. You noted your objection, Mr. Eakin, and you can stat your objection for each particular item, as you want. I understand Mr. Snelbaker is going to recall Mr. Lumadue and offer whatever tes.timony he chooses to offer then. Your object 'on is noted. We can go ahead with Mr. Bricker. BY MR. SNELBAKER: Q Mr. Bricker, back to the first question, which is th value of box spring and mattress combination in its undamaged condi tion, based upon the comparable that you saw, .and Exhibit 4 photograph. A Basing our appr.aisal on a comparable set of bedding the lady showed me, Mrs. Lumadue, we valued it at $150. Q Damage was blood and urine as already has been testified, what would be its value afterward? A This here, $10. Q It has been indicated that there were two night stand , GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171234.2109 . to. "''''''' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 80 and I believe it was indicated that you saw nightstands, and Exhibit 6 is one of those nightstands. What was the value of those articles prior to the damage, as testified by Mr. Lumadu ? A We appraised that at $50 apiece. BY TIlE AUDITOR: Q If I may, did you see this particular nightstand? A Yes, we did. Q Is we you? A I did. BY MR. SNELBAKER: Q After damage, as indicated by Mr. Lumadue, as having finish removed and some cigarette burns on the top of it, what would you value it? A Fifteen dollars. Q Would that be each of the two? A correct, apiece. Q Exhibit 7 is a sofa. Based upon its undamaged condi ion as related by Mr. Lumadue, what would be its value before such damage was i.ncurred? MR. EAKIN: I have an objection here. Here again we are trying to appraise something he never saw. I would submit there is no proper foundation laid for this question. There is no evidence how old it was. There is no evidence that the comparable that was shown to the witnesS was comparable to the Miller sofa before it was damaged. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 17171234.2109 81 . 1 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 l .;.J ."" THE AUDITOR: Your objection i.s noted, Mr. Eakin. A Our appraisal was based on seeing a comparable sofa. BY MR. SNELBAKER: Q And this photograph? A Correct. We appraised the sofa at $200. Q In its stained and torn condi.tion, what would its value be? A Ten dollars. Q Exhibits 8, 9 and 10 rnfer to chairs. Based upon wha has been testified here today concerning the chairs, do you hav an opinion as to their value? First of all, the chair that is shown on Exhibit 8 and 10. A Right. Q What would its value have been before the damage as related by Mr. Lumadue? MR. EAKIN: Same objection. THE AUDITOR: Objection is noted. A We based it at $100. BY MR. SNELBAKER: Q Its value after its stained and broken condition, as shown on 8 and 10? A Five dollars apiece. THE AUDITOR: Are we referring to one item here? MR. SNELBAKER: Just this one chair. GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE 17171 234.2109 ') "'i 82 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 A Five dollars. BY MR. SNELBAKER: Q Exhibit 9, then, is a separate item, and based upon the testimony that has been given, and Exhibit 9, do you have an opinion as to its value before the damage? MR. EAKIN: I would have the same objection. A It is the same price as the other. BY MR. SNELBAKER: Q One hundred dollars? A Correct. Q What would the value be in its damaged condition? A Five dollars. MR. SNELBAKER: Cross examine. CROSS EXAlUNATION BY MR. EAKIN: Q Who made the triple dresser, Mr. Bricker? A The triple dresser, I see no name at all on it. Q Don't you know the manufacturer? A No. Q Isn't that important when you appraise something, to find out who manufactured it? A Oh, yes, yes, it is. Q Isn't the work of some manufacturers much more valuable than the work of others? A Correct, sir. GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE (717) 234.2109 ..." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 ...~.. 84 Q Did you make any effort to ask anybody what it might have cost new? A No. I am just judging strictly on what we know. Q The appraisal you are giving me would be the same as if I came to you settling an estate and wanted. you to appraise it so I could pay inheritance tax on it, and I showed you the triple dresser, and you would say, that is worth $250, right? A Right. Q How many cigarette burns were there on that dresser? A Once again, I did not actually see that triple dresser, sir. Q Wouldn't it be important to know the extent of the damage before you give an after value, after damage value? A Well, I saw one that was comparable, so that is what we were really basing our appraisal on, plus the pictures. Q Was the one you saw damaged? A No, it was not. Q How many cigarette burns were on top of the one that was damaged? A Well, I am seeing at least five right here on this. Q Could you tell when they were made? A Not exactly, no. Q I mean, were they five years old, real fresh, or what. A I Iwuld say they were recent. Q Would your estimate of damage have been different if GEIGER a LORIA REPORTING SERVICE.INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171 234.2109 ",,",,\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 ,,'/ 85 there had been two cigarette burns on it, for instance, as opposed to five? A No. If you have a cigarette burn on it, it is damaged. Q Did you ever attempt to repair furniture, not you, but can you repair furniture? A That can be repaired, although it is costly. Q What would you have to do to repair it? A They would really have to put new veneer on it. Q Did you ever have that done on furniture that you handled? A No, I didn't. Q You never repair furniture or have it repaired? A No. Q Do you feel that you could make a more valid apprais 1 had you seen it? A The actual? Q Yes. A \~ell, that' s yes and no. \~e seen what the Lumadues are claiming was comparable furniture, so we had to really bas our appraisal on that. Q Did you ask any questions about this thing to determi e in your own mind whether it actually was comparable? A Such as? Q Anything at all. Did you make any effort to find ou GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE 17171 234.2109 ".-,\ 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 .} ..,r 86 ^ When they showed me, for instance, a set of bedding, I asked Mrs. Lumadue -- Q I am talking about just this triple dresser. Did she come to you and say, I want you to appraise this triple dresser that I am showing you? A She showed it to me and said that it was comparable. Q What you are really doing, as I understand it, you are appraising a dresser that she showed you, that isn't the damaged dresser, right? A Correct. Q And you are giving her your opinion on what that was, right? A Right. Q Then you are letting her say it is comparable? A That is correct. Q You do not know whether it was comparable or whether it wasn't, do you? A Actually, no. Q You are saying this $250 is a figure that you might have expected to obtain at your office had you had that one up for sale? A That's correct. Q That included the mirrors, right? A Oh, yes. Q Were the mirrors damaged? GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG, PA. 17101 PHONE 17171 234.2109 .. I I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 i."",.l 89 for it, though? A No. Q Did you know Joe Cekovich? A Yes, I do. Q Did you know that he bought it new? A No, I don't know if he did or not, sir. Q Two nightstands, how old were they? A There again, six, eight years old. Q Who made them? A No name on them. Q Were they both damaged? A The nightstands that I saw, yes. Q You actually saw two nightstands? A Yes. Q They were both damaged in the same way? A Yes, the top. Q How were they damaged? A There are cigarette burns and water marks, here, as yo can see on the photograph. Q Both the same? A Very comparable, right. Q The sofa, who made the sofa? A We saw, there again, a sofa that was to be comparable. I did not see the actual sofa that was damaged. Q Who made the sofa that you saw? GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE 17171 234.2109 ") 2 3 4 5 6 7 8 9 10 1l 12 C', 13 14 15 16 17 18 19 ro 21 22 23 24 25 . 90 A There was no name on it. Q !low old was it? A The sofa that I saw comparable? Q Yes. A I would say five years old. Q Could it have been ten years old? A Well, that's arguable, you know what I mean. Q In your opinion. THE AUDITOR: Answer the question Mr. Eakin asked you. A I am saying it was five years old. THE AUDITOR: Mr. Eakin asked you a question. Answer the question. BY MR. EAKIN: Q I don't mean to confuse you or anything, but isn't it possible, Mr. Bricker, you were looking at a ten year old sofa? A The possibility is there, right. Q You do not know what was paid for it, the one you looked at? A I don't know what the actual owner would have paid for it, no. Q You do not know whether it was comparable to the one that was damaged, or whether it wasn't, do you? A Like I say, stating -- MR. SNELBAKER: Wait a minute. Okay, go ahead. THE AUDITOR: Can you answer that question? GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171234.2109 . 1 2 3 4 5 6 7 8 9 10 11 12 '\ 13 14 15 16 17 18 19 ro 21 22 23 24 25 \ ,.,,!,,...J 91 A I am stating that I appraised a sofa that they claim was comparable. BY MR. EAKIN: Q How about these chairs, the same questions would get the same answers, would they not? A Correct. Q You did not see either chair? A No. Q Somebody showed you another chair and asked you to appraise it, and then they told you this was comparable, right? A That is correct. Q They also described to you the damage that you were t take into consideration, right? A Correct. Q If, in fact, in any of these you were not given the proper information, if, in fact, this thing wasn't a dead ringe for the damaged item, then your appraisal wouldn't be valid, would it? MR. SNELBAKER: I am going to object to the question, because first of all, I don't understand it. MR. EAKIN: You don't know what a dead ringer is? MR. SNELBAKER: I don't understand the first part of your question. BY MR. EAKIN: Q If somebody says to you, I want you to appraise GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE 17171 234.2109 92 I'~"""'" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 \ ' '.t'H../ piece A, and you do appraise piece A, then you corne here and testify to what piece B is worth, you are relying on their accuracy in stating that both these pieces are alike? MR. SNELBAKER: I am going to object to that as being argumentative. I think that's the whole purpOse of the other questions. THE AUDITOR: I think he can answer the question, but I believe that he has already answered it, and said, I am relying upon Mrs.. Lumadue's statement that it was a comparabl Can you answer the question Mr. Eakin just asked you? A I have said it before, some of the items we have appraised, we appraised a comparable item. BY MR. EAKIN: Q If it is not, in fact, comparable, then the appraisal that you have given to this item that you testified to today would not be the value of the actual damaged item, would it? A Could be. Q You made no effort other than what Mrs. Lpmadue told you to find out if, in fact, these were comparable? A Correct. MR. SNELBAKER:, I think I have an objection on the record all the way through this. THE AUDITOR: You have your objection. REDIRECT EXANINATION BY MR. SNELBAKER: GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 17171234.2109 ~ 1 2 3 4 5 6 7 8 9 10 11 12 1::1 13 14 15 16 17 18 19 ro 21 22 23 24 25 ~.,J 93 Q Mr. Eakin indicated that the only thing you were relying upon in making your appraisal was comparables. That was the way his questions were phrased, as I understood them. In addition to that, did you not have available pictures of the items which were to be evaluated? A Correct. Q I am going to show you, first of all with regard to the dresser, Exhibit 5, and ask you whether or not the picture of the thing that is in the picture on Exhibit 5 is comparable to that which was indicated to you to be comparable by Mrs. Lumadue? A Right. It is very comparable. Q From what you can see? A Right, correct. Q You have indicated that the nightstand in Exhibit 6, in fact, you did see? A Correct. Q With regard to the sofa in Exhibit 7, I ask you whether or not that picture of the sofa in Exhibit 7 compares with that which was shmm to you by Mrs. Lumadue to be comparab e? A It is comparable, right. Q Do you recognize this as being a sofa similar to that which Mrs. Lumadue showed you? A Yes. Q As a matter of fact, is there enough there to tell GEIGER a LORIA REPORTING SERVICE. INC., 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE 17171234-2109 . 1 2 3 4 5 6 7 8 9 10 11 12 r:) 13 14 15 16 17 18 19 ro 21 22 23 24 25 ~ 94 what kind of sofa that is, in your expertise? A 'rhis here? Q Yes. A It is a sofa in bad shape, as anybody can see it. It is worn out -- THE AUDITOR: \~ait. That is not the question that I think Mr. Snelbaker asked you. BY MR. SNELBAKER: Q The question is, do you recognize this as being a particular style and type of sofa that is marketed and sold? A Right, correct. Q Can you tell quality by looking at that? A Well, I can't tell much quality there, not in that conditi.on, but if you take this away, yes, it was a decent sof at one time. Q When you say take this away, what do you mean by thi A Well, you have your rips and tears, you have blood here. Q The damage? A Allover the front apron on the seat. HR. EAKIN: I object. The photograph speaks for its If. THE AUDITOR: Yes. I am going to sustain that objec ion. If you want to have him continue with the comparables. BY MR. SNELBAKER: Q Again, with regard to the chairs, we have pictures GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171234.2109 . ,.,A~ .. 95 I here, 8 and 10, and then 9. Can you indicate whether the 2 chairs tha t were exhibited to you by Mrs. Lumadue were, in fac , 3 comparable to those which are shown on these pictures? 4 A They were comparable, correct. 5 MR. SNELBAKER: That's it. 6 BY TIlE AUDITOR: 7 Q Just to clarify for myself and for the record, Mr. 8 Bricker, you actually saw which items? 9 A \~e actually saw the headboard and the frame and the 10 nightstands. 1l Q Those are the only items that you actually saw? 12 A Right. The others were comparable. 13 RECROSS EXAMINATION 14 BY MR. EAKIN: 15 Q Showing you Exhibit 5, did you just say in response 16 to Mr. Snelbaker's questions you can look at that and say that 17 that is a comparable to the one that you saw? 18 A Well, it is the same kind of wood, right. It is a 19 walnut veneer. ro Q For instance, how long is the dresser shown on Exhibit 5, how many feet long is it? A Seven feet. Q You can tell by looking at Exhibit 5? A I can't tell by looking at that, but the comparable one she showed me 21 22 23 24 25 \ GEIGER a LORIA REPORTING S~RVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171 234.2109 . 1 2 3 4 5 6 7 8 9 10 11 12 ('l 13 14 15 16 17 18 19 ro 21 22 23 24 25 ',_,,4 96 Q A Q A here. Q A How many drawers high is Exhibit 5? I can't tell by the picture. You told me you saw five burn marks on that. I am counting these two, three here, and these two There arc two marks on there that go out to the edge? Right. MR. SNELBAKER: Three. MR. EAKIN: I think the photographs speak for themselves. BY MR. EAKIN: Q Can you look at Exhibit 4 and tell that the mattress shown on there is the same as the mattress you looked at? MR. SNELBAKER: For the purpose of the record, I will object to that, because that was not part of my redirect examina tion. THE AUDITOR: I am not sure what was part of redirect, but I believe MR. SNELBAKER: I did not get into the mattress and box spring. THE AUDITOR: I am going to let him ask the question, but I believe the question is, is that a comparable, not is it the same, is that correct, I1r. Eakin? BY rm. EAKIN: Q Can you tell by looking at Exhibit 4 that the mattress GEIGER a LORIA REPORTING SERVICE, INC" 1000 MARKET STREET. HARRISBURG, PA. 17101 PHONE 17171234.2109 97 "-i 1 shown on there is the same as the one she showed you? 2 A It is comparable. They are both a floral print. 3 Q Can you tell by Exhibit 4 how wide it is? 4 A I can't, not by looking at the picture. 5 Q Can you tell how long it is? 6 A No, I can't. 7 Q Mattresses do come in different sizes, don't they? 8 A Correct. 9 Q Do you see any box springs shown in Exhibit 4? 10 A I assume this is the box spring here, and this is 11 the mattress, because they have pulled it over about four to 12 six inches. W Q What you are seeing, as I understand, is a little M section of a brown tapered section to the right-hand side of a 15 mattress, and you are saying that is the box spring? W A Right. TI Q By looking at that section, you can tell that the 18 box springs under there are about the same as the box springs 19 she showed you? ro A She showed me one comparable. 21 Q Can you tell by looking at Exhibit 4, which was Mr. 22 Snelbaker's question, that the box spring shown there is the 23 same or comparable to the box spring she actually showed you? 24 Can you tell by looking at that picture? 25 A I can. It is comparable, and it is a floral spring. ,..,) GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA. 17101 PHONE 17171 234.2109 . 1 2 3 {I!,'." 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 ro 21 22 23 24 25 .",~ 98 Q A Q The box spring is what is underneath? I am seeing part of it. Exhibit 9 is a chair. Did the chair she showed you, was it the same color? A Similar. Q Was it the same style, exactly? A Yes, the barrel back. Q This Exhibit IO, there was another chair just like tat? A Right. Q Same color, style, age? A There again, the age, that is debatable, but it is similar, comparable. Q Can you look at Exhibits 9 and IO and tell how old they are from the pictures? A I would say approximately four to six years. Q How old were the ones that were damaged? A Same. Q How old were the ones that you looked at? A I would say four to six years old. Q Can you tell by looking at Exhibit 7 how long the sofa is? A No. Q HO\~ long was the sofa you looked at? A The sofa I looked at was a seven footer. Q Mr. Bricker, isn't it true that in your auction you GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171 234.2109 (-~\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 --' 99 sell an awful lot of overstuffed furniture for a dollar? A If it is in bad shape like this we do. Q Isn't it true that overstuffed furniture sells for very few dollars at an auction? A If it is clean, i.t will sell good, though. Q Very often doesn't it sell for just a matter of a fe dollars? A If it is clean, it will surprise you sometimes. THE AUDITOR: Mr. Bricker, you answer the questions that are asked. Mr. Snelbaker will object if he wants to. BY MR. EAKIN: Q Mr. Bricker, I have been to sales -- MR. SNELBAKER: I don't think it is fair for you to testify, Mr. Eakin. THE AUDITOR: I agree. MR. SNELBAKER: I object. BY MR. EAKIN: Q From your experience in sales, isn't it true that very often the items that bring the least out of a living room are the overstuffed items? A If they are in bad condition, yes. Q Isn't it true even if they are not damaged that they are very often sold at auction for just a matter of a few dolla s? A Sometimes they are, yes. You know it, I know it. Sometimes they bring good money, if they are clean. GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE 17171 234.2109 ,"") 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 100 MR. EAKIN: That is all. TilE AUDITOR: I have no questions. MR. SNELBAKER: I propose, then, to excuse Mr. Brick r. TilE AUDITOR: Any objections? MR. EAKIN: I have no objection. MR. SNELBAKER: I move for the admission of the exhibits, 4 through 11. THE AUDITOR: Any objection to that? HR. EAKIN: I object to all of them on the basis tha they have no probative value to assist in appraising. They ha e no value in assisting the appraiser in arriving at his opinion and I assume that is what they are offered for. Are they offered for any other purpose? THE AUDITOR: You are objecting on the basis they ar not relevant? MR. EAKIN: No, I don't think they are competent for the purpose they are offered. For instance, Exhibit No. 4 purports to show a ma.ttress which was destroyed, an.d the purpo e of it is to help a witness testify as to what he thinks i.t was worth. TilE AUDITOR: Mr. Eakin, I think your objection is more to the weight that should be given to the testimony by th appraiser. I believe that they are relevant, and I am going to admit them. MR. SNELBAKER: \'Ie also offered to show the items an GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA. 17101 PHONE 17171 234.2109 r-~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 ',./ IOl the damage as being proof of the facts of their existing condi ion. THE AUDITOR: I understand that. We are going to admit them. WILLIAM LUMADUE, recalled as a witness, testified as follows: REDIRECT EXAMINATION BY MR. SNELBAKER: Q Mr. Lumadue, included among the items claimed in the original document, we have an item under l4E, $330. To whom did you make that payment? A Deb Green. Q Did you get a bill from her, and did you, in fact, pay her? A Q Correct. I am showing you -- THE AUDITOR: I believe Mr. Snelbaker is referring to claimant's objections and exceptions to account,. which have been filed in this case. MR. SNELBAKER: Yes. (Receipt from Deb Green produced and marked Exhibit C-12.) BY MR. SNELBAKER: Q Showing you Exhibit 12, and asking you if you can identify that? GEIGER a LORIA REPORTING SERVICE. INC" 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 17171234.2109 - , ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 83 Q But you were not able to determine of your knowledge of furniture, and so on, who made this one? A No, sir. Q Is it fair to say that that is a sign that was made by other than a high class manufacturer? A Well, it definitely wasn't Pennsylvania House or Stickley, no. Q Those two things you just mentioned, are they good? A They are good. Q Is this more likely r~ontgomery Wards or Sears, or something like that? A Bassett Broyhill. Q Are the ones that you are now describing less expensi e furni ture? A Correct. Q How old did you say it was? A Well, what I saw, I would say it was roughly eight, ten years old, in that area. Q Would you have any idea what it might have cost when it was new? A I would have a good idea, yes. Q Wha t would that be, the triple dresser, just the triple dresser? A The triple dresser by itself, I would say new that would be anywheres from $300 to $400, in that area. GEIGER a LORIA REPORTING SERVICE. INC., 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE 17171 234.2109 '1 102 I 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 A Yes. It is a receipt and description of what we paid to have done to the apartment to Deb Green. Q And also to A And Steve. Q Did you pay them? A Yes. MR. SNELBAKER: I move for the admission of Exhibit 2. He has a copy. MR. EAKIN: I think it is premature to rule on this. First of all, it says please pay the sum of $330 for cleaning, patching and painting walls. We have no evidence of any patching and painting walls. It is premature. We don't have any evidence that the decedent damaged any walls. We have an i tern in here for refinishing cabinets. We don't have any evidence that any cabinets were refinished. MR. SNELBAKER: Painting, we have it in here. Scrub, sanitize and paint the premises. They are built-in cabinets in the place. There are walls in the place. MR. EAKIN: You can't tell by what evidence is in th re at this stage in the game. THE AUDITOR: Has it been put into evidence that this work was actually done to the premises? MR. SNELBAKER: I am not sure what was stated by Mrs. Decker. I am going to ask Mr. Lumadue, then, this question, if it is necessary to get it done. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET SfREET, HARRISBURG, PA, 17101 PHONE 17171234.2109 . ;':'::4 ~ 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 BY MR. SNELBAKER: Q Mr. Lumadue, whenever you retook the premises, the unit that Mr. Miller occupied, what was the condition of the walls, cabinets, the interior of the premises, other than carpeting and furniture? A You want a description. First of all the odor was deplorable between the urine and the blood. That would be on the articles we have gone through. The walls were grubby, filthy, the same as you see in pictures. That's the condition of the walls, the cabinets. The place was a disgusting mess. Q I am showing you what has been marked as Exhibit 10, and ask you whether that indicates some of what you observed? A Correct. Q What is on that particular picture? A On this particular picture you have a chair that is Q No, no, the wall. I am talking about everything except the furniture. A You just see beer stains and dirt on the walls and on the floors that are not normal wear and tear on an apartmen or someone's home. It is not normal to be that dirty. Q Did you do anything to refurbish or repair the walls and the built-in materials, cabinets, and so forth? A Yes. We had Steve and Deb come in on a weekend, and when they had time off, and they patched marks on the walls and patched what they could patch. They cleaned the cabinets. ~ 21 22 23 24 25 GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 17171 234-2109 . 1 2 3 4 5 6 7 8 9 10 11 12 ~\~ 13 14 15 16 17 18 19 ro 21 22 23 24 25 .. 104 Theywashed the cabinets down. They s~nitized, they painted, they scrubbed, to the tune of $300. They got the material they needed to do all the work, because we didn't have time to do it ourselves. We simply said, look, go in and clean it as best you can, and get it somehow presentable, and smelling like an apartment rather than a dog pen. THE AUDITOR: Mr. Eakin, does that respond? RECROSS EXAMINATION BY MR. EAKIN: Q When is the first time that you ever saw the inside of that room? A The first time I saw the inside was shortly after we took over back in August or September of 1980. Q How often did you see it between then and the time that you came in after the death of Albert Miller? A Five or six times. Q When is the last time the room was painted? A I couldn't tell you that. Q When were the holes knocked -- whatever it was that were knocked in -- that required patches? A I would say sometime after Sparky left the premises. MR. SNELBAKER: Sparky who? A I can't think. BY MR. EAKIN: Q Is there any reason this was done as long after you GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE 17171234.2109 ;"""" I '-' 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 A Yes. Q What was it that you saw when Mr. Spahr lived there? A I saw a nice, neat, clean apartment. Mr. Spahr, for all Q Wait a minute. You must have misunderstood my question. My question was, while Mr. Spahr was residing in the property, did you see any damage that you have indicated? A No, I didn't see any damage when Mr. Spahr was in the apartment. Q After Mr. Spahr moved out and after Mr. Miller died, did you see damage? A Yes, I did. Q We know that the dresser, the bed and frame, headboa d and frame, and the nightstands are in existence at this point. A Yes. Q Dealing with the sofa, the two chairs, the mattress and box spring, what became of them? A They were destroyed, totally destroyed, probably three weeks after Mr.. Miller died. Q Why did you destroy them? A Because they were absolutely the filthiest, smelling articles I have ever seen in my life. They were so bad that Q All right. Could you, in your judgment, have repaired them or cleaned them to make them serviceable? A Absolutely under no conditions could you clean them GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE (7171 234.2109 . 1 2 3 4 5 6 7 8 9 10 11 12 ~'i4 13 14 15 16 17 18 19 20 21 22 23 24 25 "".. 108 I or get the smell out of them. Q What did you do with them? A Took them and junked them. Q Did you, in the course of doing that, incur any expense for the removal and the disposal of the stuff, and so forth? A Right. Q What did you spend for that? A About $65. Q How did you spend that? A Well, I had to have a guy help me move everything, the use of his truck and dumping it and everything was $65. Q Who helped you with that? A Donny Rhoades. Q In addition to those items which were destroyed and are no longer here, we still have the dresser, the bed frame, the headboard and two nightstands, is that correct? A Correct. Q You have indicated here that the pictures show some of that damage. Going back specifically to the dresser in C-5, does that picture show the entire top of the dresser? A No. MR. EAKIN: I object. The photograph will speak for itself. Whatever it shows, it shows. THE AUDITOR: I will sustain that. I think that is GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE 17171 234.210~ '''''''I 1 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 ''t_,,,) 109 the same objection that was made by you, I think, before to a question. I will sustain that one. MR. SNELBAKER: I really think it is immaterial whether it is sustained or not. The point that I want to make is that there are parts of it that are not visible. BY MR. SNELBAKER: Q My second question is, is there damage to the remain er of the top that is'not visible? A Yes. Q I am showing you on Exhibit 5 what appears to be three perpendicular marks that come to the edge of what appear to be the top. There are a couple of others that appear to be sort of roundish marks. What are those marks? A Cigarettes, cigarette burns in the top of the furniture. Q Is that charring of the wood material? A Oh, yes, that is charred. Some of it is charred real deep. Q Was the top of that damaged before Mr. Spahr left the premises? A No. Q With regard to the nightstands, I think you have already testified that there was finish removed and some burns. Is that true with regard to the headboard of the bed? A True. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE 17171234.2109 ,'] I 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 .~ 110 Q Is that also true with regard to the other nights tan ? A True. Q In your claim -- and I am referring now to number l4F you have claimed a month's loss of rent. What was the amount of rent at tr ibutable to that particular unit? A Two hundred fifty. Q How long was the unit really out of service? A Really out of service, three months. Q You indicated here and made a claim for only one of those months, and why was that? A Because I didn't think it would take that long to get everything together and get it clean enough and get things rearranged'to make the place partially suitable for someone to rent. Q At the last hearing we heard testimony from Mr. Stambaugh, I believe, or Shambaugh, dealing with the floor materials in this premises, Richard Stambaugh testified as to what he observed. Tell me, Mr. Lumadue, are you familiar with floors and floor coverings? A Yes,'Iam. Q Have you had experience in dealing with restoration of older properties, and the buildings of new properties, and the installation of floors and flooring? A Yes, I have. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE 17171 234.2109 ') 1 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 ro 21 22 23 2A 25 , .~. HI Q Have you done this work yourself? A Yes, I have. Q Over what period of years have you done this? A Ten. Q Under what circumstances have you done it? A I completely remodeled ten rooms in a double house in Wormleysburg. I am talking floors, walls, ceilings, kitche cabinets, laying in new floors. Q Did you do that work yourself, or is this work that you hired? A I did it myself. I also built a new home which I subcontracted about seventy percent of the work. I refinished all the walls, did all the painting, did all the staining, did all the woodwork, refinished the game room. Sold that house and built another home where I subcontracted only about fifty percent of the work, and I did all the exterior woodwork, did the stonework, did the slatewor in the kitchen. We did the painting and staining. ,I laid all the slate floor~. I laid all the linoleum. The only thing I don't lay is carpeting. I have the carpeting contracted to be done. That is one thing I won't fool with. Q Had you then bought an ordered carpet and arranged for its installation by some vendor? A Yes, many times. Q Back in August of 1980, you entered into an arrangeme t GEIGER a LORIA REPORTING SERVICE, INC" 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE 17171234.2109 . 1 2 3 4 5 6 7 8 9 10 1l 12 ~;~ 13 14 15 16 17 18 19 ro 21 22 23 24 25 ~ 112 of a lease with option to purchase with Wonder Why, Incorporat d, is that correct? A Correct. Q At that time, what facilities were included in the premises that is relevant today? A Well, there is -- MR. EAKIN: I don't know that he could say what is relevant today. MR. SNELBAKER: Do you want to get into the restaura t and kitchen and all that stuff? THE AUDITOR: If you want to ask about the living units, that might be easier. MR. EAKIN: I don't know what you are driving at, really. MR. SNELBAKER: All right. We will do it the long w y. BY MR. SNELBAKER: Q What was involved when you went into the arrangement that has been documented by at least the first page of Exhibit 31 What was involved there? MR. EAKIN: I object. The exhibit would speak for itself. We have it as an exhibit, which you have introduced as an exhibit, the contract -- THE AUDITOR: I am going to sustain the objection. 'I think the problem is I don't understand what the question is, what is involved. GEIGER a LORIA REPORTING SERVICE.INC.. 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE 17171234.2109 ('1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 .,........ 113 BY MR. SNELBAKER: Q What were the objects of the arrangement, what were you acquiring by lease and subsequent option when you went into the arrangement on August 4, 1980? A I was purchasing a motel with sixteen units, a bar, a restaurant, and five point some acres of land. Q When you entered into that, did you have a particula breakdown of precise items of cost for a chair, a table, and so forth? A No. They were lumped into a purchase price. Q That was part of the option agreement? A Correct. Q You were asked whether or not any of these items were depreciated for your tax purposes. A Right. Q Do you know whether or not any of these items were given any particular value, the items being the items at issue here today? A Not given an exact dollar value on paper, no. Q When you first entered into this arrangement -- I am going back now to August of 1980 -- did you, in fact, make an inspection of the premises relati.ve to establishing its value for the purpose of entering into the lease and optio ? A Yes. Q Did that include an inspection of the unit which is GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA. 17101 PHONE 17171 234.2109 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 114 involved in the litigation today, and later occupied by Mr. Miller? A correct. Q Did you 1001< at the floor coverings in that unit? A Yes. Q Based upon your inspection and your own knowledge of flooring, what did you estimate the useful life of the carpete portion of the premises? I am talking about the carpeted floo MR. EAKIN: I object. First of all, he just got don saying he doesn't touch carpeting, doesn't know about carpet in , and won't have anything to do with carpeting. MR. SNELBAKER: That is not true. MR. EAKIN: words to that effect. THE AUDITOR: I believe what Mr. Lumadue testified t , he doesn't lay carpet, he won't touch that. He has bought and ordered carpet. MR. EAKIN: I don't think he is competent to testify to the estimated life of a carpet. There has been no groundwo k laid for him being an expert to testify to anything along thos lines. MR. SNELBAKER: TWO things, one, this is a represen- tative of the owner. He is speaking for the owner. AS such, he has a right to give his concept of values of the itemS whic are there, and one of the attributes of that would be the useful life of what was there. We also have a man who is GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE (7171 234.2109 ("'1 I 2 3 4 5 6 7 8 9 10 11 12 ., 13 14 15 16 17 18 19 ro 21 22 23 24 25 - 115 qualified by his own experience to talk about and be subject to cross examination. Mr. Eakin can cross examine all he like as to the type of materials that are installed, and the possib e life of it, based upon his inspection as a prospective buyer of these premises. THE AUDITOR: Mr. Lumadue, you are not attempting to qualify him as an expert? MR. SNELBAKER: I am not. THE AUDITOR: His testimony is being presented as a representative of .the corporation owner here, is that right? MR. SNELBAKER: Right, plus the fact he does have some special knowledge of construction and the materials invol ed, which I have offered not as an expert, but as sustaining his observation. THE AUDITOR: Do you want to respond to that? MR. EAKIN: Yes. There is no doubt that there are cases that hold that an owner of an item may express his opinion, for whatever it is worth, of the value of .the item. You cannot parlay that into him being an expert for the purpos of telling how long something is going to last, or how long something has been there. You can state that, in my opinion, because I am the owner, and I don't know anything about it, I still think item A is worth a given amount. Beyond that. he cannot go. There has been no expertise here, and it seems to me it is a contradiction in terms to say I want him to give hi GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171 234.2109 . '""<it ..,. 116 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 opinion, but I am not handing him in as an expert. THE AUDITOR: Mr. Lumadue is not being offered as an expert, as I understand. The question was, what was his opinion as a representative of the owner about the life of the floor. I agree that case law says that a lay person can testi y as to a value of an item of his property. I don't have any question about that. As to the opinion as to the useful life of that property, I am not familiar with case law saying you r.:an do that. Are you, Mr. Snelbaker? MR. SNELBAKER: I don't, and I didn't think I would get to cite that, because it is one of the points of view that goes up into making his ultimate opinion. THE AUDITOR: Of the value? MR. SNELBAKER: Absolutely. THE AUDITOR: I am going to let him answer the quest'on. Again, your Objection is noted, and I think it goes to the weight of what his testimony is worth on the point.. MR. EAKIN: Just let me point out one other thing. I don't want to be argumentative. Here we go with the Dead Man's rule again. You are putting it beyond my power now to cross examine on this item. THE AUDITOR: Wait a minute now. This question is about when Mr. Lumadue looked at the floor in August of 1980, when he was looking at it as a prospective buyer, what his GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA. 17101 PHONE 17171 234.2109 1 .~ I j ! I I I I ! -/ 23 117 1 opinion was of the value of that floor. 2 MR. EAKIN: Something that happened during the 3 4 lifetime of the decedent, which I cannot cross examine. THE AUDITOR: I already entered my opinion on that 5 6 to both of you. HR. SNELBAKER: I want it stated on the record the 7 fact that I think the whole Dead Man's Act has now been waived 8 by the cross examination which went with regard to Exhibit 12, 9 .when llr. Eakin cross examined Mr. Lumadue on Mr. Lumadue's ill examination of the premises during the lifetime of Hr. Hiller. 11 BY MR. SNELBAKER: 12 Q Going back to your original inspection and evaluation 13 of the premises before you entered into or at the time you M entered into the arrangement with Wonder Why, Incorporated, in 15 August of 1980, did you ascertain the useful life of a carpeted 16 portion of the unit, particularly the unit which we are dealing 17 with here today, and occupied by Hr. Miller? 18 A Yes, we did. 19 Q What did you determine its useful life to be? ro A We hoped that we would have that carpet for at least 21 ten years before we had to 22 HR. EAKIN: I object. That is not responsive. THE AUDITOR: I will sustain that objection. I don't 24 think that is responsive. 25 BY HR. SNELBAKER: GEIGER & LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171234.2109 I i I : i , I i 1 J I I I ! J 1 I i I I i i I I I I i I i I I , J ,--.., 1 14 15 16 17 118 I Q I will reask the question, and you may answer it. 2 What was the useful life that you determined for that 3 4 particular piece of property? A Ten years. 5 6 Q What do you believe its useful life to be tOday? A Nothing. 7 8 HR. EAKIN: Same objection. 13Y IIR. SNELBAKER: 9 10 Q Why is that? A Because of the damage that is has sustained, cigaret e 11 burns that you cannot remove, stains that you cannot remove, t 12 odor is out somewhat, but it is just the idea for people to go 13 in and rent an apartment with cigarette burns from one end to the other, makes it extremely difficult. MR. EAKIN: This is not responsive to the question at MR. SNELBAKER: I simply asked him about its useful 18 and he has to have certain quality of premises. The man has life. He is operating a motel. He is catering to the public, ro 19 just testified that it is difficult to make this 21 on the point anyway, so I am going to overrule that objection. THE AUDITOR: I think he has completed his testimony 22 BY MR. SNELBAKER: 23 Q Mr. Lumadue, given that this is a motel made for U motel use, and in light of your evaluation of the useful life J 25 of the car~et, what did you determine its value to be before it GEIGER a LORIA REPORTING SERVICE, INC" 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE 17171234.2109 ,"V h 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 119 sustained the damage which you have just now told us about. MR. EAKIN: lie has already answered that. He said ten years. THE AUDITOR: I think we are asking for n dollar =ig re now, is that right? MR. SNELBAKER: I said value, not life. A It had to be worth to me a thousand dollars. HR. EAKIN: That is not responsive. THE AUDITOR: ~lr. Lumadue, if you listen carefully to the questions your attorney asks you, and answer the questi. directly, we can save a lot of time. MR. SNELBAKER: I really don't think it was an offensive answer, but I am going to ask him again. BY MR. SNELBAKER: Q Based upon your observation of the carpet, and based upon your evaluation of its need for use in a motel, and based upon its useful life as you determined it to be, what was its value prior to the damage which you have already indicated? A A thousand dollars. Q Afterwards, what would you regard its value to be? A No thing. Q Why do you regard it as being nothing? What has to' happen to that carpet? What is its use? A Its use right now is to be thrown away. It has no useful life left in it. There is nothing you can do with it to GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 17171 23402109 (1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 , .~ 120 make it presentable enough for service. Q That is because of what use? A Because of abusive use to it in regards to the damage that was done to it. Q No. Why can't you use it in its damaged condition? A It is filthy dirty. Q Is that because it is, in fact, being used as a mote and/or for public use? A Yes. People have to use it and walk in the room. Q Wi th regard to the tiled area --- and I am referring now to that area which is a portion which is shown on Exhibit I-- are you familiar with tile? A Yes. Q Did you take particular note of that tile whenever Y u bought it? A Yes. Q Or entered into this arrangement in August? A Yes, I did. Q What did you see with regard to that tile? A In August, it was good quality, long lasting. Tile should last twenty years. It is heavy backed tile. Q Did it have at that time any damage which would have required replacement of all or any part of it? A No. Q Exhibit II you have already indicated shows that the GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE 17171234-2109 ......., 1 2 3 4 5 6 7 8 9 10 11 12 " 13 14 15 16 17 18 19 ro 21 22 23 24 25 .. 121 tile itself has been removed, and the underfloor is exposed at several locations there. Were there other areas of damage to the tile? A Yes. Q What were the other areas? A The whole tile area -- I don't have a number, but the e were any number of cigarette burns, the same as -- there were cigarette burns throughout the tiled area. Q At the time that you looked at that tile, at the time that you entered into your agreement with Wonder Why in August of 1980, what did you value the tile area, what value was placed? HR. EAKIN: I object. Now we are talking about valuing a portion of a piece of real estate. I don't know how you do that. I know of no case that says you can come into value a piece of real estate by adding up the value for a wall and for the floor and for the ceiling, and so on. That is what he is purporting to do, give us a value of a floor in an item of real estate. I think that he is totally incompetent. MR. SNELBAKER: vie are not talking about a floor. We are talking about a floor covering. THE AUDITOR: It would seem to me this would be analogous to the carpeting, something that is put down on a portion of the floor in the entire place. The allegations are that it was damaged. I think he can answer the question. GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17J-71 234.2109 ,-..\ 'u"- 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 2.5 A Three hundred dollars. My answer to the value of the floor to me was $300. MR. EAKIN: Here we go again, the value to you. A The value was $300. BY MR. SNELBAKER: Q Immediately after the damage as you have described i , what is the value of that tiled area of the premises? A Nothing. Q Why? A Because there is nothing you can do to repair it. I has no purpose. The public has to use it and to walk in and see holes in the floor is despicable. You can't use it over again. It has to be thrown away. Q After this damage was sustained and discovered, did you talk with representatives of the estate concerning the fac that there was damage? A Yes. Q Do you know whether people came there and saw it? A Yes. Q Who saw it from the estate? A Mr. Eakin saw it, and the two ladies that he represe s saw it. I don't know how much they observed of it, but they were in the room. Q Were there, shortly after Mr. Miller's death and the administration of the estate, discussions concerning the fact f GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE 17171234.2109 --..., I 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 , '...--" 123 such damage? A Yes. Q Did you submit through my office to the estate prior to the filing of exceptions to the final account a claim for damages? A Yes. Q Have you been paid anything on that claim? A Nothing. Q Have you been offered payment of any portion of that claim, or payment for any part of the claimed damages? A No. Q When you entered into the arrangement with Wonder Wh , Incorporated, was that broken down that you were leasing just the restaurant and just the motel, and just the premises, or just the land? A No. MR. EAKIN: I object. Here again, we have an exhibi that sets forth the arrangement between the people, and that exhibit will speak for itself. MR. SNELBAKER: I don't know that it does, Mr. Eakin. I don't know that it does. I don't know that that is really important that the document speaks for itself. I am simply asking him whether he entered into one transaction for the whole premises, restaurant, motel, equipment, the whole thing. MR. EAKIN: Isn't that right here? Page ,one. Is GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA. 17101 PHONE 17171234.2109 i'""\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 '-.- 124 there any difference -- MR. SNELnAKEH: As long as you agree. THE AUDITOR: I am going to let him answer the quest'on. MR. SNELBAKER: At the risk of being leading, let me ask it this way -- MR. EAKIN: Leading questions haven't been objected o. There has been a dozen here. One more won't hurt. BY MR. SNELBAKER: Q Was your arrangement with Wonder Why, Incorporated, based upon units of the thing of restaurant, one part, motel, one part, furniture, one part, or was it a total of the entire premises, including all of its ingredients? A One total for everything. Q Did Visaggio's ultimately exercise the option and fulfill that portion of it and become the owner of the entire premises? A Yes, we did. Q When did that occur? A On February 8, 1982. Q Did you, in addition to the cleaning which Mrs. Green performed, obtain any outside and professional help with regard to the cleaning of the premises? A Yes, we did. (Invoice from Alt'S Pest Control Service dated 4-23-81, produced and marked Exhibit C-13.) GEIGER a LORIA REPORTING SERVICE, INC" 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 17171234.2109 ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 ",.../ 125 BY MR. SNELBAKER: Q What type of services did you buy? A We purchased a rodent pest control service to remove whatever bugs there were that we founrl in the apartment. We got professionals that went in. Q Who did you get to do that work? A This gentleman here, Art's Pest Service. Q Art's Pest Control Service? A Pest Control Service. Q I am showing you what has been marked as Exhibit 13, and ask you whether or not that is a bill that you received an paid? A Yes, that's a bill, and we did pay it. That's a cas receipt. MR. SNELBAKER: I move for the admission of Exhibit 13. HR. EAKIN: I,et me ask him about that. MR. SNELBAKER: I am sorry, I am going to amend my claim, because there was an error in the statement of damages 0 $120. That is amended to $85. HR. EAKIN: I have no objection, for whatever it is worth. I am not objecting to the bill as such. THE AUDITOR: Exhihit 13 is admitted. (Discussion held off the record.) MR. SNELBAKER: I would like to state, first of all, I was asked I think on Monday of this week to produce Exhibit B. GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE 17171234.2109 1"""'\ 1 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 -..-- l26 I do not have Exhibit B. I have never had Exhibit B. My understanding is that Mr. and Mrs. Lumadue do not have Exhibit B, that it was prepared by an attorney for the seller, and that h may have Exhibit B. I don't have it. We don't have it. That's our understanding. We don't have it. I have not presented Exhibit B, nor have I presented Exhibit A, which is also referr d to, nor have I presented Exhibit -- THE AUDITOR: These are all parts of what has been marked and admitted as Claimant's Exhibit 3? MR. SNELBAKER: The only purpose I introduced this was to show that these folks were operating a motel which we ar dealing with as a landlord-tenant versus hotel-guest, which, as far as I am concerned has been resolved by the Auditor, and to show they have responsibility to restore the premises as any other lease would be for a tenant, to again counter an argument that they were not the owner or had no responsibility for the owner. I have not introduced Exhibit 3 to prove the existence of the various items for which we are making claim. Mr. Lumadue's testimony, Mrs. Decker's testimony, indicated tha these precise items were, in fact, in place and were part of th premises MR. EAKIN: We are arguing the case again. MR. SNELBAKER: Wait a minute. Let me finish. As fa as producing someti1ing that I don't have, I am sorry, I can't. As far as producing something like the tax records, I was not GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE 17171234.2109 ......, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 l,.~, 127 asked to do that, and I don't feel I had any obligation to brin them forth. I have no idea what they would contain. I think that that is a matter of production of proof, any of those ite s are to be produced by the claimant in their case in chief. Therefore, I think that we rest. That is the end of it, and I don't think that we should hold the record open for those items to be produced if they are to be produced by some other means, which I don't know. MR. EAKIN: Let me make my position clear. I am not saying for a minute that you cannot rest if you elect to do so. I have no control over that. My point is this -- the rule is clear that if there is evidence that can be produced, and you voluntarily don't produce it, an inference can arise that it would be adverse to you. You have the tax return, and somewher out there there is an exhibit. Maybe you don't have it, but -- who is the other lawyer you are talking about? MRS. LUMADUE: Coyne. MR. EAKIN: Maybe Mr. Coyne had it. If the people here corne in and say our loss was so much, when there are recor s out there to show what they paid for the stuff, and they elect not to produce them when they could, then we have the adverse inference. I will go with that. If you elect to do it, that is why I made the motion. MR. SNELBAKER: Just so there is no question about it Mr. Lumadue, as I understood his testimony, indicat.ed that GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHOHE 17171 234.2109 f""l \ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 2\ 22 23 24 25 ~,,,-.l 12B Exhibit B, to the best of his recollection, did not have an itemization of values of individual articles, that it was merely an inventory that was prepared to show what items were there, and it was to be included in some other lump sum price, which did not itemize the precise items. No inference can aris from that. If you feel there is something out there that woul be damaging to the Lumadues, I think it is your responsibility to do it. MR. EAKIN: You have made the point. MR. SNELBAKER: Secondly, I don't think there is any obligation to produce a tax return to prove anything, since that would be a document thatgoes with the third party. That is in no way relevant to the issue here. THE AUDITOR: Gentlemen, I am not exactly sure what Mr. Lumadue did testify. All I have is notes. It is going to be shown by the transcript. If Mr. Lumadue testified there was a list prepared of these items of personal property, depending on what his testimony does show, then such an inference may well arise. I am aware of that inference arisin with a failure to produce a witnesS. I don't knoW any law that says it arises in failure to produce a document. I will do research on it, and if there is such an inference in the law of evidence, it may well arise here, depending upon the testimony. Is that understood? Do you want to speak further to GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE (7171 234-2109 f""'I 2 3 4 5 6 7 8 9 10 11 12 ,"'~l 13 14 15 16 17 18 19 ID 21 22 23 24 25 ( . ',~.,~' 129 that, or do you have some cross examination? ~1R. EAKIN: I don't want to belabor this thing, although I will say that for the first time I heard that there is a third party that might have the paper, Mr. Coyne. I didn't know that before now. If it is there, I would like to see it. MR. SNELRAKER: There is a second party to the transaction, \~onder Why, Incorporated, which is also out there. THE AUDITOR: I will tell you what we are going to do here. Since I stated to counsel and the ladies and gentlemen that are here, I have to be somewhere for lunch, we are going just adjourn this and get back here at 1:30. Is that agreeable to you, gentlemen? MR. SNELBAKER: Yes. THE AUDITOR: Over that period if you want to take steps to attempt to locate these items, that is up to you. MR. SNELBAKER: Okay, we understand. THE AUDITOR: We are going to adjourn this until 1:30. It is now ten of twelve. i . i , (Recess taken from 11:50 to 1:45 P.M.) (Mr. Lumadue resumes witness chair.) MR. SNELBAKER: I have a couple more questions based upon the exchange just before lunch. REDIRECT EX~IINATION BY MR. SNELBAKER: GEIGER II LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171 234.2109 1"""1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 .".,/ 130 Q Hr. Lumadue, YOll had earlier testified that at the time you entered into the lease option agreement August 8, 19B , that YOll did not recall of any documents being attached to it as an exhibit. You recall that testimony? A Yes. Q In going through our files, we find three documents marked Exhibit A, Exhibit B anI'! Exhibit C, which I have laid out here in front of you, is that correct? A That's correct. Q Were those documents submitted or kept with your papers of the August 8 agreement? A Correct. Q Exhibit A, according to the original agreement, whic is Claimant's Exhibit 3, was to be a description of the premis s, apparently real estate. Exhibit A, does it contain any sort of description that you see? A No. Q Exhibit C, which is not part of Claimant',s Exhibit 3, but it appears as though it may have been part, deals with wha ? A Insurance. (One-page document entitled Schedule B, produced and marked Exhibit C.'14. ) BY HR. SNELBAKER: Q I am Showing you what has been marked as Claimant's Exhibit 14, and ask you how that is designated? GEIGER a LORIA REPORTING SERVICE, 1NC.. 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE 17171234.2109 '1 131 1\ Schedule n. ~ Q It says that is What? i ! i I I I , , j I I I , I I 3 4 1\ SchedUle of fixtures, equipment, machinery, air conditioners and furnace. 5 6 Q Is there, in fact, any Sort of schedule attached to 't? A No. 7 8 Q In Pebruary, you Concluded a tranSaction with Wonder Why, IncorpOrated, is that correct? 9 A Correct. 10 Q At that time, did you receive a bill of sale for 11 various items of fixtures, equipment, machinery and furnishing? 12 A Yes. '1 . 13 Q I am shoWing you an original document, and ask you 14 Whether or not that is the bill of sale? 15 A This is the bill of sale for those items. 16 Q The first two pages appear to be original typing, 17 is that correct? 18 A Correct. 19 Q What is the remainder of the document? ID A A description of the Contents Schedule A __ schedules 21 of equipment and fUrni ture and fixtures that We purchased when 22 We made the tranSaction. 23 Q What kind of writing is this? 24 25 A Just handwriting. Q These are handwritten sheets? . ....) GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE 17171 234.2109 f"""'\ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 132 A Correct. ('rwenty-one page handwritten document with Exhibit A typed at the bottom of each page, produced and marked Exhibit BY MR. SNELBAKER: Q I am showing you what has been marked as Claimant's Exhibit 15, and ask you whether or not Claimant's Exhibit 15 is a copy of the several documents which are attached to the bill of sale, and are in each case marked Exhibit A, and would be a duplicate of the handwritten schedules which are attached to that bill of sale? A It is an exact copy. MR. SNELBAKER: John, here is the original. Here is the copy, the bill of sale itself. I am not putting it into evidence. (Discussion held off the record.) BY MR. SNELBAKER: Q From whom did you receive Exhibit l5? A From Jean Cekovich, made up the listing of the equipment, and she is the one that handwrote it. Q This document carne from whom? A It came from the Cekoviches, copy of the Cekovich's. Q Who are they in this transaction? A I am sorry. The Wonder Why, Incorporated. Q At the time that you were negotiating the lease and the option and the original transaction, do you know whether 0 GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE 17171 234.2109 '1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 22 23 24 25 .~ 133 not an item by item inventory was prepared? A Yes. Q Did you at that time eventually receive such an inventory? A Yes. Q I am going to show you another document, and ask you whether this document is the document that you received at that time? A Yes. Q Is that, in fact, the same document as Exhibit l5? A Yes. Q How was Exhibit 15, the original of this document, prepared? A Well, Mrs. Cekovich prepared a list of the equipment in the restaurant and motel. Q Did anybody accompany her when this was done? A Yes, my wife accompanied her on several of the motel units listing the furniture, and in some cases, placing a figure as to its value. Q We note, for instance, that the first two pages appe r to refer to kitchen, is that correct? A Correct. Q The third page refers to what? A Bar equipment and dining room. Q After that there are aseries of pages which have numb rs GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 17171234.2109 ~ I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -~ 134 on. What do you recognize them to be? A Room numbers. Q They would be for what part of the premises? A For the motel units. Q For the first several, I believe four rooms, is there anything distinctive about them? A They are all priced out. Q From there on, are there any prices? A Not on those motel u~its. When you get to the apartments there are. Q Item seven? A Room number seven. Q Does that have prices? A Yes. Q Except for those several, do any of the others appea to have prices attached? A No. Q With regard to the room in question, can you identif that among the pages of Exhibit l5? A This is the description of the items in that particul r room. Q How is that identified? A It has on tOp apartment fifteen. Q Is there anything else there which is particularly distinctive about this particular room? GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171 234.2109 ~ I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 , ,......... 135 A Yes. It i.s under Sparky's -- my wife and I and Jean, I believe, went through it and put Sparky's name on it, becaus he was in the room at the time. Q When you say Sparky, is the word, quote, S-p-a-r-k-y at the top of this page? A Right. Q Does this appear to have the items on it which you claim were lost? A Right, yes. Q As a matter of fact, there are many other items on there, is that correct? A Yes, that we didn't get rid of. Q I direct your attention to the statement in the lowe right-hand corner of that page, and ask you what i.t says? A It says carpet -- good. Q Who wrote that? A Jean Cekovich. Q Jean Cekovich was what in this transaction? A She was the seller, the secretary-treasurer, I belie e, of Wonder Why, Incorporated. Q Do you know her husband? A Joe, yes. Q What did you recognize him as being? A The president of the corporation. Q In effect, the Cekoviches were the principals of GEIGER a LORIA REPORTING SERVICE.INC.. 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 17171234.2109 0',",\ "~" ,.' 136 I 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 Wonder Why, Incorporated, is that correct? A Correct. Q Your testimony has been that except for a single sheet which contained an itemized schedule, there was no Sched Ie B that you ever received marked as such, is that correct? A Correct. Q An inventory of items that would have been prepared at that time that could have become Exhibit B, do we have anyt ing today that would look like that? A Exhibit C-15, which is marked our Exhibit A, yes. Q Exhibit A is to the bill of sale, is that correct? A Correct. MR. SNELBAKER: Now you may cross examine. RECROSS EXAMINATION BY MR. EAKIN: Q On what date did you first rent that apartment folio ing the death of Mr. Miller? A I would have to go back to my records, which I don't have available. I would say the earliest we rented that was probably somewhere around May, June. Q Can't you be more specific? A No, I can't be specific without having my books. Q To whom did you rent it? MR. EAKIN: I don't think it is right for Mrs. Lumad for her to communicate. GEIGER a LORIA REPORTING SERVICE.INC.. 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 1717) 234.2109 ,,"'" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 '~..' 137 MR. SNELBAKER: I don't know that they are. Let's not communicate. BY MR. EAKIN: Q Sir? A Yes, Lynn Neidig. Q Is he the fellow who appeared last time as your witness as to the price of replacing some furniture? A Yes no. He was the man that gave us the estimate -- . Q He was here as your witness? A Lynn wasn't the man in here, I don't believe. I thi k his boss was. Lynn was transferred. Q Lynn signed the bill that you had, right? A Correct. Q What rent did you charge him? A I believe it was $275. Q That would be an increase of $25 a month over what -- MR. EAKIN: Here we go again. A I shouldn't do that. I don't have any re~ords here. THE AUDITOR: Mrs. Lumadue -- MRS. LUMADUE: Excuse me, though. Don't you want the record straight? THE AUDITOR: Let's allow Mr. Lumadue to answer the questions when he is being questioned. Do not try to give him answers behind your attorney's back. MR. EAKIN: We are not trying to catch anybody or GEIGER a LORIA REPORTING SERVICE. INC" 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE 17171234.2109 ,P","" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 i ,~'." 138 trick anybody. If you don't know, all you have to do is say you don't know. A Okay. I don't know. BY MR. EAKIN: Q I don't know what question you are responding to. A You are saying how much did I charge, and I am sayin I don't know. Q You do not know when it was rented after his death, .and following that, you do not know what rent you charged? A Correct. Q Was it rented after his death? A Yes. Q Do you charge rent? Does somebody pay something for the apartment? A Yes. Q Do you charge any less than $250 a month? A No. Q Is the rug that was there immediately following the death of Mr. Miller, there now? A Yes. Q Is the tile floor that is there now the same tile floor that was there immediately after the death of Mr. Miller. A Yes. Q What other items of personal property for which you are making a claim are now in the apartment? GEIGER a LORIA REPORTING SERVICE.INC.. 1000 MARKET STREET. HARRISBURG. PA. 17101 PHONE 17171234.2109 140 t",,\ 1 A The unit is broken up. You have to have sixteen 2 units in Pennsylvania to have a motel liquor license, so the 3 way it is broken up, there are twelve single motel units, and 4 at the end of that there are four single one bedroom apartment, 5 giving us our sixteen units. 6. Q The unit in question, would that be an apartment or 7 a motel room? 8 A It would probably be technically listed as a motel 9 unit. We rent it out as an apartment. 10 THE AUDITOR: That is all I have. Thank you. 11 Do you want to move for the admission -- 12 MR. SNELBAKER: I want to move for the admission of 13 14 and 15. 14 THE AUDITOR: Mr. Eakin, do you have any objection? 15 MR. EAKIN: No. 16 THE AUDITOR: Fourteen and 15 are admitted. TI MR. SNELBAKER: I think that I have moved for all of 18 my exhibits. I don't think any of them have been rejected. I 19 think they have all been admitted. ID THE AUDITOR: I think that's correct. As far as I a 21 aware, they have all been admitted. 22 MR. SNELBAKER: I am moving for all of them. 23 THE AUDITOR: Are you resting, Mr. Snelbaker? 24 MR. SNELBAKER: Yes. 25 THE AUDITOR: Mr. Eakin? GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG. PA, 17101 PHONE 17171234.2109 ~ 1 2 3 4 5 6 7 8 9 10 11 12 (e) 13 14 15 16 17 18 19 ro 21 22 23 24 25 ~ t",> 14l MR. EAKIN: We call Mrs. Cekovich. JEAN CEKOVICIl, called as a witness, being duly sworn, testified as follows: DIRECT EXAMINATION BY MR. EAKIN: Q Would you state your name? A Jean Cekovich. Q You have been identified here as the owner together with your husband of all the stock of Wonder Why, Incorporated is that right? A Yes. Q Can you tell me when Wonder Why moved the hotel building hotel-motel onto the present site? A August, 1969. I don't know the exact date. It was in August of 1969. Q Prior to August, 1969, where was the building locate that is now the hotel or motel portion of the building? A Down along Route 11 where Holiday Inn is now. Q What was the name of it? A Double \~ Motor Hotel. Q In August of 1969, how did it get from one place to the other? A We moved it. Q Is that when Wonder Why became the owner .of it? GEIGER a LORIA REPORTING SERVICE, INC., 1000 MARKET STREET. HARRISBURG, PA. 17101 PHONE 17171234.2109 (''''', 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 142 A Yes. Q Wonder Why, Incorporated? A Yes. Q When that was moved, referring to apartment fifteen, what items were in there in the way of furniture, bedding, or wha t have you? A Well, when we moved the motel units, we built the apartments afterwards, but the furniture that is in all the rooms, the beds, the dressers, the mattress, box springs, nightstands, all that stuff we bought Double W as is, to move what we could and tear down what we couldn't move. Part of the original Double W was cinder block, and we moved the wooden sections. We took all the furniture that was there. Q When this apartment was occupied by Mr. Spahr and Mr. Miller, what items of furniture were in there that were in the old Double W Motel before it was moved? A The bedroom furniture, the kitchen set, and, oh my, we had lamps -- tables, end tables, coffee tables, desk units like you would find in a motel, extra long things with one or two drawers in it, and a step down for a TV, that type of thing. Q How about a dresser and mirror? \ There was four -- no, altogether there was seven bedroom suites that I call like a bed, chest and dresser with the box spring and mattress. We moved seven of them when we moved the units. GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE 17171 234.2109 f'"'\ 1 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 143 Q I am referring to apartment fifteen, the Spahr-Mille apartment. A The bedroom set, the bed, mattress, box spring, the chest of drawers and the dresser and the kitchen table, and whatever, two chairs or whatever was in there, two or three two, I believe. Q How about nightstands? A probably there was nightstands with two of the bedro m suites, and I believe there was one in that one. Q Can you state whether or not there was ever a price charged to you for the personal property that came with the motel when you bought the property? A Not to my knowledge. We bought lump sum figure, tear down, move or destroy. Q Do you have any idea how old the furniture was in 1969? A No. Q Can you state whether it was new then? A No, it wasn't new. The furniture wasn't new. Q Did there come a time when you wanted to put a carpe in apartment fifteen? A Yes. Q When did you buy the carpet that went into number fi A May, 1972. Q What did you carpet at that time altogether? GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 17171 234.2109 I I I i I I I I I I I I I teen?1 I r""', -' 144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 A We carpetl~d fonr apartments, bedrooms and living roo s. They are all carpeted alike. Q Did you make one purchase for the four apartments? A Yes. Q What did it cost you for the carpet in May of 1972, for all four apartments? A $1,253.47. Q Did that include sales tax? A Yes. Q Can you tell us, please, whether the carpet that you bought is the carpet that was in there the last time you were in that room? A The last time I was in it, it was the same. Q When was the last time you were in the room? A It was the day Abbey died. Q This is a bill for $1,253.47. What would I have to do to that to find out the price of the carpet that went into apartment fifteen? A Divide it by four. Q That is about $313. Did there corne a time when you bought the living room furniture that was put in that apartmen ? A Yes. Q When was that? A May -- I don't remember -- May, April. Q Of what year? GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG. PA, 17101 PHONE 17171 234.2109 r""', I 2 3 4 5 6 7 8 9 10 11 12 "^,,. 13 ') 14 15 16 17 18 19 ro 21 22 23 24 25 145 A 1972. Q From whom did you buy it? A Innver House. Q Where was that? A Used to be up on Route II, almost across from the township building. It burned down. I don't know if it is the same year or the next year. It was a small, little building that had all kinds of furniture. Q What did you buy when you made that purchase? A Three piece living room suites, the four couches and two chairs to each suite. Q What went into apartment fifteen? A A couch and two chairs. The couch was green. I remember tha t. Q The couch and two chairs that you bought in 1972, and you say went into apartment fifteen, can you state the las time you saw them in apartment fifteen? A I know the couch was there when I was in when Abbey died. The one chair, I don't know about the other one. I don't remember. I knew the couch was there. Q What did you pay for all four living room suites? A One thousand two hundred fi.fty dollars. Q Were they all alike? A No. Q Were they all the same price? GEIGER II LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171 234.2109 t""\ 1 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 ~ , 146 ^ Basically. One was like colonial American, and two of them were like overstuffed, and the third one, I don't remember wha t. Q Do you know what the cost of the furniture was that went into apartment fifteen? A We divided that by four to figure out what each apartment had in it. (Invoice dated May 3, 1972, Imperial Sales Company, produced and marked Estate Exhibit No.1.) BY MR. EAKIN: Q I am now going to show you what I have marked Estate Exhibit 1, Imperial Sales Company invoice, and ask you if that is the invoice for the carpet you just testified to? A Yes. (Check number 215, pay to the order of Innver House Interiors, Inc., produced and marked Estate Exhibit No.2.) BY MR. EAKIN: Q I show you a check here which is marked as Estate Exhibit 2, a check in the amount of $1,250, and ask you if tha is the check to pay the Innver House bill that you just testif' ed to? A Yes. MR. EAKIN: I move for the admission of Exhibits 1 and 2. MR. SNELBAKER: I will reserve my response to that GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA. 17101 PHONE 17171 234.2109 " 147 1 until after I have a chance to cross examine Mrs. Cekovich. 2 MR. EAKIN: DO you want to do that noW? 3 MR. SNELBAKER: No. I will wait until you are finis ed. 4 BY MR. EAKIN: 5 Q Mrs. Cekovich, in January, 1980, when Mr. Spahr and 6 Mr. Miller occupied this room for the first time, can you stat 7 whether or not -- 8 MR. SNELBAKER: Wait a minute. That is a terribly 9 leading question. I want to object to that. 10 'rHE AUDITOR: It seems to me you have to get some 11 testimony on those things that you started your question with. 12 MR. EAKIN: It just seems funny to get an objection 13 because it is leading. That is the only thing. M (Check dated January 30, 1980, pay to the order of 15 Wonder Why Hotel, produced and marked Estate Exhibit No.3. 1 16 BY MR. EAKIN: 17 Q I am going to show you a check, Mrs. Cekovich, marke 18 Estate Exhibit 3. I ask you to look at it and answer the 19 following questions. ~ What is the date of it? 21 22 23 24 25 A January 30, 1980. Q Who signed it? A Albert H. Miller, Jr. Q To whom is it payable? A To the Wonder Why Hotel. ~. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA. 17101 PHONE 17171 234.2109 ..~ I 2 3 4 5 6 7 8 9 10 11 12 .'~'I 13 14 15 16 17 18 19 ro 21 22 23 24 25 .,~) 148 Q What is the amount? A Five hundred dollars. Q What is it for? A Two hundred fifty dollars for one month's rent, and $250 security deposit. MR. EAKIN: I move for admission of Exhibit 3. THE AUDITOR: Any objection? MR. SNELBAKER: I am going to reserve my. objections until I have a chance to cross examine. At this point I think it is irrelevant. I don't know why it is being offered. The other two I understand. MR. EAKIN: One of the main issues we seemed to have in the past is whether this is an apartment or a room. Securi y deposits are consistent with our Position on the argument alre dy made. BY MR. EAKIN: Q Did there corne a time, Mrs. Cekovich, when you gave Mr. Miller his money back? A No. Q Did you give him a free month's rent? A I gave him a free month's rent. Q Can you state when that was with relation to when the property was leased? A Before it was leased. It should have been in June of 1980. GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE 17171 234.2109 ~ t) 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 MR. EAKIN: Cross examine. CROSS E)(AMINATION BY MR. SNELBAKER: Q Who was the proprietor of Imperial Sales Company? A I don't remember. Q Did you know the person? A I didn't know them, no. Q Did Mr. Cekovich know them? A Possibly. I don't know. Q I take it this was for the purchase of the carpet, and then somebody else installed it, is that correct? A We installed it. Q This is just the cost of the carpet? A That's just the cost of the carpet. Q Do you agree that you ceased operating the place in August of 1980? A Yes. Q Then the Visaggio's, Incorporated group came in and started operating, is that correct? A Yes. Q Would I be correct that apartment fifteen, or what is known as apartment fifteen, was in good condition at that t' e? A Apparently -- I would say so. Q It wasn't reeking with urine smells, right? A No. GEIGER a LOR:A REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA. 17101 PHONE 17171 234.2109 '.; .....i 1 2 3 4 5 6 7 8 9 10 11 12 .) 13 14 15 16 17 18 19 ro 21 22 23 24 25 ,..../' 150 Q There were no blood stains in it on the floor? A No. Q No burn marks in the furniture? A No. MR. EAKIN: I object to this line of questioning. It is exceeding the scope of direct examination. If counsel wants to make this witness his witness, he can do it, but this is not proper cross examination. She was asked solely about the cost. MR. SNELBAKER: We are talking here about value all along, and I think it all becomes important. She said she was in the place right after the man died, and all of this would go to her credibility as to what she saw, what she did. THE AUDITOR: I think it is beyond the scope, but I am going to let her answer the question. BY MR. SNELBAKER: Q Were any items of the furniture burned by cigarette marks? A Not that I was aware of. Q Do I understand that the carpeting would have been installed shortly after it was purchased? A Yes. Q Sometime in 1972, it would have been put in? A Yes. Q When the turnover took place whenever you leased the GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171 234.2109 f""\ 1 2 3 4 5 6 7 8 9 10 1l 12 ...... 13 14 15 16 17 18 19 .ro 21 22 23 24 25 151 property to Visaggio's, would I be correct that the carpeting in unit fifteen was in good condition? A To my estimation, I would say it was in good conditi n. Q I am going to show you what has been marked as Exhibit 15, and ask you whether or not the handwriting on this page, which is marked at the top Sparky's apartment fifte n, is your handwriting? A Yes. MR. EAKIN: I object. This goes beyond the scope of her testimony as to what carpet and furniture cost, which is all I asked her outside of the security deposit. THE AUDITOR: Mr. Eakin, if Mr. Snelbaker wants to call her, he can ask her the same questions anyway. MR. EAKIN: I am just objecting to the cross examina ion. THE AUDITOR: Then I sustain your objection. BY MR. SNELBAKER: Q When you said that the furniture that was in unit fifteen had been in the original Double W Motel, that would no have been all of the furniture that was in. there, is that corr ct? A No, not all the furniture. Q Would you agree that the document which I just showe you, which would be Sparky's apartment fifteen, Claimant's Exhibit 15, reflects what was in the apartment as of August, 1980? A Yes. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG. PA. 17101 PHONE 17171 234.2109 ,.""" 1 2 3 4 5 6 7 8 9 10 11 12 I 13 14 15 16 17 18 19 ID 21 22 23 24 25 152 Q The living room pieces, are they shown on there? A Yes, three piece living room set. Q Would that have been what, a matching set? A Probably two pieces that match, and the complimentar piece. Q Would you agree that the three pieces of furniture shown on Exhibits 7, 9 and 10 were the living room pieces? A Yes. Q It has also been indicated that there was a seven foot dresser, twin mirrors, in this unit. Do you recall that? A I don't recall the twin mirrors. It was a dresser, but I don't know if it was seven feet. It could have been. I don't know. Q Showing you Exhibit 5, and ask you whether that is the dresser? A Possibly. Q I show you Exhibit 6, and ask you whether that is one of two nightstands? A That is possible, too. Q The testimony at this point has said that those articles were, in fact, in the room at the time of Mr. Miller' death. Do they appear to be the same type of material that you had when you turned it over to Visaggio's? A It could be, yes. Q The bed that was in this room, where did it corne fro ? GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171234.2109 r""') 2 3 4 5 6 7 8 9 10 11 12 ) 13 ,.'.' 14 15 16 17 18 19 ro 21 22 23 24 25 'r.,~",,) 153 A It came with the original Double W furniture, when we moved it back. Q Would that have been a matching set? A Not necessarily. Two pieces could have matched, and an odd piece, but I don't know -- I don't think anything completely matched anything else as we bought it. Q This piece that was in this room, was that similar to the pieces that were in the other room? I am talking about the bed now. Was the bed similar to what was in the other uni s? A Should have been. Q In other words, they would have looked the same, same size? A Same double bed, yes, should have been. Q Were all of these bedroom units a fraITe with headboar ? A Yes. Q Box spring and mattress? A Yes. Q If I understand it correctly, you bought the Double Motel as a package, building and furniture? A Right. Q Some of the bedding you were able to pick up, put it on a truck, carry it up to the present location? A Yes. Q All of the furniture you picked up and carried Up? A Yes. GEIGER a LORIA REPORTING SERVICE. INC.. 1000 MARKET STREE1, HARRISBURG, PA. 17101 PHONE 17171234.2109 . 1 2 3 4 5 6 7 8 9 10 11 12 ... 13 14 15 16 17 18 19 20 21 22 23 24 25 '""",..J 154 Q The furniture, when it was brought up, was not broug t up necessarily room by room, it was just transported up? A Right. Q Then it was put in whatever units needed them? A Right. Q If I understand it correctly, the section in which unit fifteen is located was something that was added to the Double \~ Hotel? A That's right. Q That was built a couple, three years after it was moved, is that correct? A It had to have been at least a year. Q You said you moved in August A We moved it in 1969, and we opened it in 1972, so we were pretty well finished in a year and a half, two year time, yes. Q If I understand it, you just shifted stuff around and furnished unit fifteen as well as the other units in the new addition? A That's right. Q Through the W~nder Why's operation of the premises, you operated a motel, is that correct? A Yes. Q As a matter of fact, it had to be a motel, did it no"? A Yes, it had to be a motel. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 17171 234.2109 f"'" 1 2 3 4 5 6 7 8 9 10 11 12 !. ) 13 14 15 16 17 18 19 ID 21 22 23 24 25 ~ 155 Q That was in order to preserve your liquor license? A Yes. Q Would I be correct that without a motel you would not have been able to serve alcoholic beverages in your restau ant? A Yes. MR. EAKIN: I think the witness is incompetent to testify what the liquor control is in Pennsylvania. Whatever the law is will speak for itself. THE AUDITOR: I think Mr. Snelbaker can ask what she knows. Do you want to ask her if she knows? BY MR. SNELBAKER: Q Do you know whether the law of Pennsylvania would allow you to have a liquor license at your restaurant without the motel facility? THE AUDITOR: A Yes, I know. Do you know? I knO\~. Do you want to ask the question that THE AUDITOR: follows that one? BY MR. SNELBAKER: Q Would you have sold alcoholic beverages in your restaurant without the motel being there? A No. Q The Innver House discount place, wasn't it? A Basically. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171 234.2109 .-.. r , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 21 22 23 24 25 156 Q Bought broken lots, odd lots, this kind of thing? A Possibly. I don't remember. I don't know. I wasn' in. Joe would know. I wasn't there. All I know is they brought the furniture and I paid for it. Q It had a business reputation in the community, and it was generally of the community in which you live of being a discount shop, wasn't it? A I guess. I don't know, Dick, I really don't. Q How do you know that this particular check, Exhibit paid for those particular items that went into this unit? A I made it to them for the furniture. Q Do you have a bill? A I do have, but I can't locate it right off the top of my head. I was looking for it and I couldn't find it. Q How many times did you buy things from Innver House Inter iors? A Once. Q How many things did you buy on that occasion? A Four couches, various amounts of chairs -- I don't know two, four, eight chairs, four couches. Q I showed you some pictures here of that material. Is that the same stuff that you bought? A Yes. Q When you say that you gave a free month's rent to Mr. Hiller, \~as that before or after August, 1980? GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 17171 234.2109 ,..'"\ 1 2 3 4 5 6 7 8 9 10 11 12 i') 13 14 15 16 17 18 19 ro 21 22 23 24 25 , "''''.,1 157 A I can't tell you. I don't remember. I don't know. Off the top of my head, I would say it was before. Probably i June of 1980. Q There was no security deposit passed on to Visaggio' , in other words? ^ No, not that I remember. MR. SNELBAKER: That is all. Thank you. MR. EAKIN: I have no questions. THE AUDITOR: On the exhibits, do you want to move for the admission of your exhibits? ~R. EAKIN: I have three of them. MR. SNELBAKER: Number one is thp. bill from Imperial Sales Company, which I understand is for carpet only. I have no objection on that. THE AUDITOR: One is admitted. MR. SNELBAKER: Number two is the check on Innver House Interiors, and I will object to that unless the bill is produced to substantiate it. Number three is the Wonder Why Hotel check to Wonder Why Hotel from Albert H. Miller, for $500. I object to that on the basis of relevancy. THE AUDITOR: As far as number three goes, I don't really see the relevance either. As far as number two goes, we are going to admit that one. This lady testified she only ever bought things GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET, HARRISBURG, PA, 17101 PHONE 17171 234.2109 158 ~ 1 from the store one time, and this check was for those items, 2 Would you care to speak on the objection of relevanc ? 3 MR. EAKIN: I realize the Auditor has already decide 4 that the Landlord-Tenant Act doesn't apply to this. 5 THE AUDITOR: Right. 6 MR. EAKIN: I think for future reference I have a 7 right to make a record. As part of that record, it is materia 8 tha t when this person occupied that apartment, he gave a secur' ty 9 deposit. 10 THE AUDITOR: We will admit it for that purpose. 1l MR. EAKIN: For that purpose only, right. 12 I have nothing further. 13 MR. SNELBAKER: I would like to have a recess, brief y. 14 (Recess was taken.) 15 (Discussion held off the record.) 16 (Whereupon, the matter was concluded at 3:45 P.M.) 17 18 19 ro 21 22 23 24 25 . ~"'~.. GEIGER a LORIA REPORTING SERVICE, INC.. 1000 MARKET STREET. HARRISBURG, PA, 17101 PHONE 17171 234.2109 160 f-'" INDEX OF EXHIBITS 2 PRODUCED AND 3 MARKED ADMITTED 4 CLAIMANT'S EXHIBIT NO. 5 C-5. PHOTOGRAPH 50 100 6. C-6. PHOTOGRAPH 50 100 7 C-7. PHOTOGRAPH 50 100 8 C-8. PHOTOGRAPH 50 100 9 C-9. PHOTOGRAPH 50 100 10 C-I0. PHOTOGRAPH 50 100 11 C-ll. PHOTOGRAPH 50 100 12 C-12. RECEIPT FROM DEB GREEN 101 106 .." " 13 C-13. INVOICE FROM ART'S PEST CONTROL SERVICE DATED 4-23-81 124 125 14 C-14. ONE-PAGE DOCUMENT ENTITLED 15 SCHEDULE B 130 140 16 C-15. TWENTY-ONE PAGE HANDWRITTEN DOCUMENT WITH EXHIBIT A TYPED 17 AT THE BOTTOM OF EACH PAGE 132 140 18 19 ESTATE EXHIBIT NO. 20 1. INVOICE DATED MAY 3, 1972, IMPERIAL SALES COMPANY 146 157 21 2. CHECK NUMBER 215, PAY TO THE 22 ORDER OF INNVER HOUSE INTERIORS, INC. 146 157 23 3. CHECK DATED JANUARY 30, 1980, 24 PAY TO THE ORDER OF HONDER vlHY HOTEr, 147 158 25 ~,..; IiEIGER a LORIA REPORTING SERVICE, INC" 1000 MARKET STREET, HARRISBURG, PA. 17101 PHONE 1717) 234.2109 ~ ., H i S !l III II I~ "'''~') I': II I" p; I, I" J!I :'11 : ~ I .,'1 '1..1 ~,I :!;h) J J "ej(!h~' e':rl.ify IIIII!. t.lll!III'{H~eL'dinl:!.s i1l1d e\'idl.'r1CLl 'J ill'C C(lllf.lljnr~r1 fIlJI.\' ilfHI n<.'ctJl"'II('I~' ill t.11f.~ nol.(!~ f.nl\(~lI h,\' me :; 011 1.I111 \lillJill h'}:lI'illl', "lid 111"1 t.his cop.\' is.1 CO/'/'cet. ~ rl! 11 S C rip t. II f' (11 P S;J I!I~' . ~ 1{Z11 ~:,/ /. ilL"}') ~I t!fU.J;f!;r:-' li:lI"ll1 r:. ,~II)I'il~hl, II"pO/'I,.Q ~,! I, r Ii t, I.' 'I. J, , j "r'1p",' I',:(~, 1111 ","II!I ',11111; IU\IWI'.rII!l;I~ "" "1'11 IHOll! lIJ ,'I.l.nn'l ..._ Iti, ";~.'l r:,', no,'.I ' '-i ",. . I \...__J l'-:',-J ,", . I ,,'''.i I " ,.', , {, \. I I ~ Il' ., \ W('1Of.JUl).[ {) f,\,te;i~ ',.If, ':,.~....~J bl'l'j {.UU\lTCH'jr,j B()III,(VM'~1 ,fli'. (""Y ;,-\ ',1,,'01 n f1 () ~"n' ;\,ltl,~l~~~ 'cP'" ;':i:. '1~'I'llil:' ' Htl:, ,;'t:Ti,',' ;,;'i'iji.; ;'/1< l.,PO\,,' ..... /, r ; ~.:;. t~ ',~ '~ ~.I ~:: ~'[(; /.._....\ ':All rEIKIt .. .. EXHIBIT F s t/I tt.. / 'II 7-1'1-!J.- !1"P:.?l':d~J~G. P\;N/'~S\(!'IM'llA 171J'1 ,& i ' , I ~;<,r : ~, ~ .f' .lll 1 ;.;f)~ f:o~-0\'1 r:r H. :). f.; .{ ~1n.(;hCjt1iC~'I.)',lr!1' I ...!; , ,;!!t';{~;:~:j '1: ('...~"l _ ...________-I~'i-;;-:~------, ..-re.--.... .. -" -.. ----- ~~-;;--.--T-;7:i7"-".~~----~..-..:.":".:~-:,~-.--- - \J"""",".~y~, ',,' '] (,'72 .~- ~. 1 I \ a ~1--;- \.".: I. "': I" '. '_:i'~u ..\, "~ "",~,,,c'ii'U,.'r,,~I,V,i,N" ::', '~~:~>;<~.":;':1~n. . .~~ ;y~:~" ~~.l'~"~.l~.'k:.~~~,:; :'. h~"'i',~d';l . ..y~ +i::::p;,/:i::r:\\,: ",,-''i'to,v,j .. ~.' ~:.'i,~', -'-'.-_. " /l~ ,.;~~... ",~, I :'. .' '1'~..' j ....~~ h . "I-. -- /;/ ! ---:.:=.~.;::/ '~:I::\ . 1705:> J\ ~ '\ I CLAIM r CHI SHOIl.',A.f';( OR f):,MAG~ ....lJSl r.r 1,',1,01; WlIr1iN 1/) [HIl'S ',:,........-:t.#"'$I'4 "'\''f.~\'~l':''''r/''' \ ,fob: ~i()J..l~!'-';rny !In.tel !r...(;. C.~)..C fl':': ~, l.? X 120 8: 12 ',: I~l ,~ ., ',~ '" 241.13 ",I' , . , I I I I I 6~ '2.:: ~ ~~f~.l el:-J ':?::jS: 'i (: ',,' " I'. ) '(, 1/':' ", I' , : 1/' , r " ( ! I, , i I " J .+'.,." t11()'.fAI... r.';TVOIFT:: , , I If r:'" _>I, ..- i ;;;' 1. ~ f f, , (' " (, <j ? -.? o:.~ ".. / " I" ~ / .If i,\ ,,,')"" !(, i;~r ,:. 72- I l--c~c / ..5-('--r: (.1(1 ,~C'"';' l~{' I ~ .11 /'> " ,5'c.I-(, (~ ! ..":' / ,,). L: ,., 'J) ~: . ( /; -< J .. , . ;" I /;.,' " ~' ,J- " , " I .' ) i ..,,\,,' \. ,;\. , I I' ....._._____...____._,...,_._____.._.L.-_ .. ( i .' , ,,"/, I I I I 'ii" ! , . , ,I':: ., " ! J i ~ .r i ';,-! r I I ~ II. r'l ' ,j ,I /" ~t l,l 'I"; ,', ,'I L ij I' 11..,/; .. / f 'j /J! / -.7"-..---.- 1- Jcu.k:~ \~ ;"'Lucu)h ! / - jc/t.)ttv-j- ;.Zp:..ru.2..1;:.... - It. :i-C4d - I' f 'I - s+'Y~~ 1-~' It!, ilJ.. - f tt/OIJ, j. :S.ff C01' ,,:1.J...&. j <;&r :;:7'6' ,I" d,..j.b "I ~ Ii rf~J ~r. ' /1' 0-< ~-- gc~ &.,;.~ I (}~1). qL-~)...' :; I /)..:u.u. it. 1..,~,Uv...J..t... - .-:::< ~ - I.J 'ftt~.uJilJ U)IJr .:{J--& 'j . / ~ ',_. (( _' tEl ; i: I ) Ii ;~0'L-~ 1" (~\ / :. ~1 I ~ 1-0 ~ a..iJ-A- S-j7:.a.-U.l1 (- .) /..:.- .)+ a;.,J - S-\.A..P 3\-a..,). JL<fi.~;.a.A tI /! ~s;"" dw.t. '4 Exuv _ 9 J -; ~'ab drtcu 3~/<: / ~ S+0~ .).w s.:t<<.t'" / . I , , , :::I o..-w- /n1a.J:::.pt , I ,,"'" l.d (", - , , <:0.,:.1,:.10" ",,'.In;<-' , I ' / - {) \ \'j-C' Y / >- 7~o: ~ 'q S ,,-""J I ).- \ "- ,~, .. - '-"I . . ..... . ~ 1/,,' -'J. ..:=. j"":'.....'-';./_'~;. t .,1- .~~ ... ,.,. ,. .. "I ',' ,l.(,' ..',' ' , ., t-." J ... < ' / . I.')' I. ~ I !. ,- :, >~~'.,.l... ..,\~ .:\,""<<.' .,)V___ ) . ?tj./ '1/...._". .;/... .. ... .. ".-.-- /_ /2~ (:t?~: /i! I 1-U ~ (Lj'/'~/.-/i.'I':' "1- <_'-J& C ~;liJl'Ljb ... V'7J '\ I, I' I (" . J l ' V- '-:'~i.t\:.k\\ ,',;U, - 1 /- 'tlllb \-~'I'~Jd(',~,.,(I.-- / f I 1.....1, ',. '., . " I' , , ~, ,,j { .... /7 :",,__ - --1.--;-._ / tv.:.. .. '- (. :_".........,.,... t..- 1\ I" I, r'"' · I \; 't ,.1. (... ,[.., .. i) .....-.". J..P' ;./ ( !,\ 1~'-(;~ . --.--..-- EXHIBIT "A" _~~!2 '" I, 1, ~ ~vll'I,("'3 7. /1. ,JJ 1.( , 'J . ;). l),l7.!t &.r7, ) /, (u ........" "'''")' I'.J. I- ' I, ' '.. '. I' ( \,. . '-, ~.. ~ . ,,' S (}.~~7 ::'L:L". d.~j~( - 9" t- /, "( \-"""'\0"l11 /' , . J' .- ( .', I'.,'" /,.. : / ,,---:'\ _.f. /' ..J . .. .. .-1....,..... '-'!....," .1-..< .:.)-, .:....-.:_.~/, 1- ~.j'r ' /. ~. , / ~ /~ r ~... (J_.. ,_,( ,"' :;>.--' .(:.~, . lL..i../-/..;:.c.,J.] ,j /? /'II, , Y .i,' ~{CI../A ~ 1r~ J<-- / ---fQ'1'~'! r,' '7; ~ ~):::tt!.~..tj. / - ,~JJ../.fiJ. / /'. Ie'! . C/."" ;,1 <1./ ;', ,. \. .J', , .j .. , ";. 'cl, . ..t..' 't. /~i!.(:;;(..i!l... 1- au 0...O:6~Z?;.,~(. /. /({(.-I1 (I ,~,-""'-<- '-, I;',. ('\., ,. , , u " ,. ,- ! ") : I l I,' ,~.,( I I. V I i/, " .'7' , -. i_"; . ('-- . . I I I..!J) ,"I. ", ( , /" )'.'.'.. -' (,' "'/ c,- EXHIBIT "A" '- <'t ~/ <: I l'/))H /\_~} . lJJi 'r?V-lA - i' ~fi:V1' 3-\ Ct-J t'r-t;., ~ laS" ; ::- 3 J:;....u:-:? \~.:;. ;- ~ ?-_ Lj' \ / c/-- +1 I ""? I. I ~- !'_..... ...,.i.------- \ I I "\ , I J,.I' - ,L-/7' _"u"'-_ . /'- . 'Ct~ )Jlac)t.-~ 3"J- ral.A 1'" d.bc..0 ' / c:&aJ:.- f^- ~'& . /~ ",' cAah ~.: ..J. )':1f . ;;.,..',~0"" <.:;;1 -:",\,. (.;,., .. , ~ /j O,J~ ~ si-o..J;- l)~ eJ( re/:~j,. v. 0lA - F~ /~" ,-' '-' / ! .....f' ." ,)" ,;.".-/", OI!:J:l:~if"i~~k<~f - -3 bv': C1~J:'.aJ ' /! ~Y-'~ ail!.ggJ; J : ((f/,'-~\~. J 1 ()&J)irJ CIU~f ~ J 'A f rl-I:' ,fl( 1;( ~ 7//.-''/'U-- . / ~ tUa,,/(u - '1 C:;".~ 1.-- "'),/,1.,(1" - :7) tyj."'1vt:.. ./ (.,(/-<..~ :()f.lJ' ("iI, ;< : v<t ty,' /11/ ""7 J.lU. ." j ," t,. /?/ IF".; '-" /._ ~ I.. . / ... l ; ..-.-- I Ii / ' I d.-,i.r:G- EXHIBIT "A" -........ --J 17 t9 '::'"' I Ii ,.<,'/ ~M _...,'7' ('-V....~ - / - CL"~V' "2 II I"j /;;/' ~ /Q.. .~ ..,-fJ-/i,..1. ...( ~fL,l.."! \J_J..(_~ .,. "", , t?" ' I /)(/(1 (, (t ,.... ,', . ..f , ".,. t.', .-, 141.- I t~) I (-::- '(/ ., --;l/" .,' , .. . \._ ~..J ./~.., .,' \ '/ ,,' ....1. .'.,' ;.' it l ~,d_ , ,-1 ,.'-, ........ (.'" ,/ :'. I..-J ,,, I.... ~ ,) i __;-- / i, ,-.-/ ' ,J_. : __.(.'~''''~) ti 't.J J. V , rf . _ .' I...t-- I:::' '. :: ", ,('J 'j \ ;< i ,) .:-- ) - ~j Lh!L:<' ! . J'! ~ "'-',.,' :r. .t- - ......:<-<-.,:,1.. L._ ':::;. (?")~!/J I , J" l $/' /1./ '-'Cia iJ , , 1(""'\, " ~ ~';~"-'_._": t.. :')../.- 1..2..l' ,... .. 16 (~.. '. ""'"J -, ~ <If) C\ / v , , ,.- /:/) / :". .'Go' 'C-~:! ~/I;..J~ " ,,' / .. . ~:J.' .:1.L':J ....') CJ, ~(; .-6 " . Co..) ...'-, .-:/-" \..J' VI vZi ,I,' ;] ,'. , :,) - " " :J /'. () . :..~ / r:~ f ", , .' . , ." ", :,. /1, , .') /.U:.,'.'!' " '--,' . -- , ,-,/I/?~',;-' ,,' { ,,,,,,,,<,-,,,,,,'(. ..... .I : "/ " ! / - !,',' ,.' .0/ ',' , , \, . 3 ,~ '("'- I{), t'(""- / 0 ~CJ . 3 r co 7~. "7 !'J . , , ) , , , oL-/ ...~ - ,:/ (,") .: /{JO, 4-"J ,. , . ~.:_t i , ' , i i ,} I " . ", ~ 1." j /~ ,~~ , '/ .,l.t-b.-t..t ~_.("....... ,/ I'l.; /' /'7' (......"L'" L.....t.i-. ,(.( (, (.:,.: v V , I f))' I" I..'. (i r., _~G .:.-("~'_,.,' 'L- ~J..J]_.-(. (~,_. ,',? , EXHIBIT "A" :/ - ;3?( 'I ~ " /.' , ~ . l/(, ,!'t" ~<'.I-' :,' /~ .- , ~~'-:'."('~-... /--- I ,', j t/ ,,:Z..(:.O '~r-=- I '/.. .j ~ 'J,,' P' ........',l..a, At.. " : .1, I ' 1/.I'f,I/" /J,. '" i ..-',-,,"_.' '- i....('.'.~....- \." :/ !-")I''l~ I /.. '7'" 1 : ,~,.( ,(..,L!,/.'/. L/ 'I / . i 4t~ C/L.-i t / Ie. c~ ('J!.:,'- I I il $/~4 ~/d2'd~ , , Ji 0/-1:/((,- .:;./,,/_(~ 1)- )7ILI::~'" il ~/ / J;'" I.. : _.1":.L.,e-'L. ,,(' ,-;. :/C-. 1;- Lv:;, :".1' ,:"" ~ ~) .2(~c,/'? - i fk /"-,1 t 1,-- I' l ' 'f (I II -11.".~,"~/:'t..' , /i ,-, ,..,..- '~}:'c ", ,./ _ l\;.....o(. '..-c 'j ~ v / ( EXHIBIT "A" '. ' '/ " / .' /J 02.s--cJ~ - d-Iq (j'2"Vi\ii"," 'J-- A-. ( '~ -'1- 'r' t ~' .' T~ if- / ,kfo~~a~w AtO~CA'<I.e.&~ J 0J'CJ:J:<'-~..)'-O~, ;;p.. T ~ Lot-v---..10 ! ~O~~~ ~ / ~t: w,v,-.;1-c"1J--.-- ;- ~~~- )~~ 1- err~ I ,")~ ~---of ~' ~~tI'~~ 3~ a~ ,s, ~ 3 'y- f!3!< [ ~M- ~1'-:uJ ) 9~lCvc~j EXHIBIT "A" '-f 1'9. - (f:)/\-~..) ~ U. vU f). w~ (9~ ?-~ t @;~~ I l,J ~ f.r.: I.Sl..d--~ ~ 1..1 l\.iLa :) ~~ '~~ -7 I L- R(YJy, W.J!-afl-"-< I ~1L 'I"C~ / k,~ 4,-iD~ l~ I ~lLii rv.-& " , r /} Il ~ ~~ T~ , o;rk./~~ I ~~ ~ C-o~-~ I U2-u~x ~ ~!~ ....,~p~ \ J 7: o-o+/- ~tc:n:Q ?- (p.0~ ~t ! 9-G~4~ /J f \ I r ~ +- f A:-cl~-- C.A1~a-u ~,,- () <-irv,-.i f3~{ IJe.-t...f1 CYlt7 /"l (J .-.- {/ ::2- ./ ~~-.. L-udL ~-J-:c'1>' / I / ~~ lu~;v---&vU-V.l-~ \ I I EXHIBIT "l\," ~-,k. ~ /ly '2.. J::l - ~~ (q, - y 1:[ ) ~, .Q.0 1'7 ~ CflJ!~ (l~ ) / W" ~r--=Ud& ~ if- " >,-'- T {5lA.~ (j2.()r,~ I ' ~-.f~~(P~-J -V<.-:,J)~ I ~~ G-<..~, ..-z..<AJ Cl-vJ~ I' Cv c~ e./2c-d- ! ~~ ~~ [ ,$/ku0 ~ (1 I ,b.:.'V0~-(Jv ) Levv~'=S ," '7L ( Lv, o-D-v C~,xvUl ( ~e:e 0~cLv.;~~~ ~<4; I !DXlr~",~~~(f0jb-'{~~ I lM l' ~ )")~'-' J '~u?_ /J-V~ ji;,jL I ,,'~ L,J~ 16.~/dd- /~~, / s,~ s.e~ ~~ ',1'-'" -~lJ''.,'''lt-S. ~~- \ SQ.ci./v 0A;v G-v"'l-~~)v~~ \ 'S.,.\X:: ~0 \- "'._&_'::'~V. 0.. VJ, ~<"r' , I ....'.. /. ' . ! ,~, - i ,J '.' '~"k"'t,. ....._.J(~,' l<-'- '-> ,,"~ I' ,..- , , I <{ I ' . '" . ~ ~ ~.{ l I~ l~, \ ";1 )_~ ~ . - . ~ r . ~ I,' ~J EXHIBIT "A" ..' .... I I I~ ' : I ,~(' I .' 'r/ J I ,~, '..t" d...... /1\-/ 1/ (,I , I / ' !~l<' /) !.L.</'". ":'~'C- i -'-,~ ,,1/ : :? ...e" /" i"'l..' ~; : :.v nd ';"'.. l~ CJrtlA..-U i I,gGCa-- -' l J(') .~ ~ ! ."~_:('CC i (i,/. .~.. j .......,(..t.-_ ~ C/;:.L.?Qt'A-J O'~(~ ..-- t...- -' ........-- , ~ ..... : --:' l 'j. _. . i __/::.L::.f. 0\ crt":I..U\..j j ;;' '. i / k:;/"'( .,l' I' <. - ,~-, ',' r:/ --__ /' ,-- " ~ : / - V/?, ?C{1' d.!"t- )~"'I' '", i~- , ;'") ./ /. . , ,.. (j ; .,,;:,"\ _ 1.,'-: ,{.Le"", _l.:J~.~ '. _~. ,,~,~....~ .. ~...... - ...~. "... z-,./' <---" ; I k ~'1l;j~'~ I ~ ,- ,;:( l:"p o (/ ,...h{;~?, i 1Jp{ a~ J,,/.21/;... ~,I'" I ! 'f " : /'.//LI I ./: ~/''J.. _'~I "'-_~' -, '. I - 'I': ,,)'1,.' ('?i,.r:. / ./ :~.. " ." {,..tl..._.<_~,,- I v-' EXHIBIT "A" /":\..-:.:., -/4./;/ C/..: t-- '7 10,' , / ,; / . '("../ ~.C.J; (..,.-.. 7"0'''.((:;.. 5'7. .-;j t..--' ?~'," t"";:"'- ...::x....J'..) . ,:d ,-",) "G~ ,:1..-) ".J " " CIlH Z ;;J~z :r: 10 0 fil I Z fil 8 rJJ ..:1:>0 88t!lP:;ZCIl P:; ~ IllHHO P:;'!;Zfilfilt< 0 ><OON fill-iHPlll.fil III ZCIlH.-i Pl p:;~ U fil OZ:>I H ..p..O "1:4 P:; i H ~ ~ZH.-i t< . CIl U>< 0 <P:;N -:>HOH 0 .. < t P< E P< lit E-. 0 filP:;..:I:r:UZ 8 o Ul III ~ . ~ OZO ' 8filHCIl '"' H ~ ~ ~ ~ . OUO ,",..:IOO~O:> 0 S 80 Z E-iH Z...:l 0 rn ~ . 0 . ::l P:; U. tnHIitO;5>< '"' r~ 0 OOfil ~~08 U) qe ~ OOZ8 0 UZ~t< fil '"' 8 0 ril~"'CIl fil Z rn :r: P:;fil P:; fil ~ 8filO ~ Pl Z r:;S H .0 ... .... . opportunity to submit briefs to the Auditor, All parties appearing waived the application of Cumbo O,C, Rules 85.3, which requires that every adjournment shall be to a day certain not more than thirty days distant, Counsel then submitted Briefs to the AUditor; the Auditor decided the issues presented and scheduled the Continued Hearing for July 14, 1982, at 9:30 o'clock a.m, in his office. Notice of the same was given by first-class mail and posted on the Bulletin Board at least ten days prior thereto. The Hearing was completed and evidence closed on July 14, 1982. ISSUES PRESENTED Whether Visaggio' s, Inc" has a valid claim against the Estate of Albert H, Miller, Jr.; if a valid claim is presented, the amount due to Claimant from the Estate. FINDINGS OF FACT 1. Albert H. Miller, Jr., (hereinafter "Decedent") occupied as a tenant accomodations known as Apartment 15 at a motel premises located at 6990 Wertzville Road, EnOla, Cumberland County, Pennsylvania. 2. The said premises were owned and operated by Wonder Why, Inc, until August 8, 1980, at which time Visaggio's, Inc., (hereinafter "Claimant") undertook operation of the said premises. 3. Claimant is the sole exceptant to the Account, 4. Mr, John Spahr resided with Decedent in Apartment 15 until -2- H. There was some infestation of insects caused by the spilling of food, blood and urine; I. The night stands next to the bed were damaged by stains and cigarette burns. 7, The davenport-sofa, two upholstp.red chairs, mattress and boxspring were disposed of by Claimant because they were damaged as above-mentioned, beyond use in the opinion of Claimant's representative, 8, During the period of time between october 28, 1980, and February 5, 1981, employees of Claimant entered Apartment 15 on an average of several times per week. 9, Claimant retained the services of Charles Bricker to appraise the value of the furniture which had been in Apartment 15 during Decedent's residence. 10. Counsel for the Estate had no objection to Mr. Bricker testi- fying as an expert in evaluation of furniture. 11, When Claimant purchased the motel/restaurant premises, the furnishings in the motel/apartment units were included in the purchase price and were not itemized. 12, The bedroom set, including bed, mattress, boxspring, chest of drawers, dresser with mirror, and the kitchen table and two chairs was purchased some time prior to 1969 for an unknown price, -4- 13, Wonder Why, Inc., purchased the motel building in August of 1969; at that time the furniture stated in the preceding paragraph was not new. 14. The carpet in Apartment 15 was purchased in May of 1972; carpet for that apartment and three apartments cost $1,253.47, including sales tax. 15, The price of the carpet placed in Apartment 15, rented by the Decedent, was $313,37, in May of 1972, 16, The living room furniture for Apartment 15, consisting of the davenport-sofa and two upholstered chairs was purchased in May of 1972, along with similar three piece living room suites for three other apartments, for a total of $1,250.00, 17. The living room suite for the apartment rented and resided in by Decedent cost $312.50 in May of 1972. 18, At the time Claimant undertook operation of the motel premises in August of 1980, the items of furniture and carpet contained in the accomodations rented and resided in by Decedent and Mr, Spahr were in usable condition. 19, Mr, Bricker was hired by Claimant to perform the evaluation and appraisal in July of 1982, 20. The triple dresser with twin mirrors, chest of drawers and -5- two nightstands previously part of the bedroom suite contained in Apartment 15 are presently in use by Claimant in another apartment at Claimant's premises. 21, The bed, headboard/bookcase and frame from Apartment 15 are retained in storage by Claimant at Claimant's premises. 22, The items which were discarded (as stated in paragraph 7 above) were described to Mr, Bricker by Claimant's representative; said description did not include the age of the items or the price of the items when new. 23, Mr, Bricker was shown by Claimant's representative a sofa and chairs, boxsprings and mattress which Claimant's representative judged to be comparable to those which had been in Apartment 15 during Decedent's residence, 24, Mr. Bricker was shown Claimant's Exhibits C-5 through C-ll, which are photographs of various items of furniture and which show cigarette burns and stains. 25. Mr. Bricker was not shown the triple dresser with twin mirrors, chest of drawers and nightstands which are presently in use by Claimant in another apartment at Claimant's premises, 26, Mr. Bricker was shown the actual bed consisting of headboard/ bookcase which had been in Apartment 15 during Decedent's residence. -6- 27. Mr, Bricker was shown by Claimant's representative items judged by that representative to be comparable to the items in Decedent's bed- room suite, which items are presently in use by Claimant in another apartment and which items themselves were not actually shown to Mr, Bricker. 28. The only item which had been in Apartment 15 actually viewed by Claimant's appraiser is the bed headboard/bookcase and frame, 29. Mr. Bricker was confused and equivocal in his testimony as to his ability to render an opinion on the value of furniture that he never saw, before and after damages, simply by having seen what was stated to him to be comparable furniture, by having heard a description of damages, and by having seen a photograph showing only a portion of each item of furniture, 30, Mr, Bricker evaluated a comparable bookcase/headboard and metal frame at $100,00 and valued the actual bookcase/headboard and frame in its present condition at $20.00. 31. Claimant chose not to make available to Mr. Bricker the other items previously contained in the bedroom suite used by the Decedent and presently in use by Claimant, 32, Claimant chose not to retain and thus have available for Mr, Bricker to see the mattress and boxsprings, sofa and two upholstered chairs. -7- 33. Mr, Bricker stated that he actually saw one of the particular nightstands which had previously been in Decedent's accomodations; Mrs. Lumadue (representative/principal of Claimant) stated that both nightstands are presently in use in another of Claimant's apartments and were not available for Mr, r:ricker's inspection. 34. Mr, Bricker did not know the maker or manufacturer of any of the items of furniture which he attempted to appraise. 35. The photographs constituting Claimant's Exhibits 5 through 11 show only limited pieces or parts of the items purported to be examined by Mr. Bricker. 36, Following the departure by Decedent from the premises on February 5, 1981, Claimant was forced to expend $330.00 to have Apart- ment 15 cleaned, walls patched and painted, the cabinets refinished and the apartment disinfected. 37, The Claimant was forced to expend $65.00 in obtaining assis- tance to remove and dispose of the sofa, two upholstered chairs, mattress and box springs following the departure of Decedent. 38. Claimant was unable to rent the accomodations previously rented and resided in by Decedent for a period of in excess of one month following Decedent's departure, because of the need to clean and disinfect the premises; this resulted in a loss of one month's rent, $250,00, -8- 39, Following the departure of Decedent on February 5, 1981, Claimant was forced to retain the services of a pest control service to rid Apartment 15 of insects; the cost for said service was $85,00, 40. Apartment 15 of Claimant's premises was rented following Decedent's departure for a rate of not less than $250.00 per month, the monthly rental previously paid by Decedent, 41, The carpet contained in Apartment 15 during Decedent's resi- dence there and asserted by Claimant's representative to have been damaged so as to have no present value, remains in use by Claimant in Apartment 15, 42, The tiled floor in Apartment 15 alleged by Claimant's repre- sentative to have been damaged by Decedent so as to have no present value, remains in use by Claimant in Apartment 15. 43, Decedent's Estate paid to claimant $375.00 on February 28, 1981, which sum constituted the rent for February and two weeks of March, 1981, CONCLUSIONS OF LAW 1, Decedent's Estate is liable to Claimant for the damages estab- lished by Claimant to have been caused by Decedent. 2. Decedent damaged various items of furniture owned by claimant; however, Claimant's proof of damages was too speculative to be credible, -9- .J~ :.....) ..:,) ..< .:.,(~ I,''', ~ '.;:;. U1H Z ":Z - ~ ~ 15 :>< 0 8 -8 Ul 14..:lHO p;; - 14Z i :><U1N riI ,p;; HD Z rn H 1""'1 P'l i>: riI 0:: 0 - 8 OZ:>I ..:llJ:>U1U": i>: ~ZH'" t:t: ..:l~ H 0 OJ ~ . < < rilOOO -H 0 Z I':UlOZ": riI i:ll j . ~ d ~ . U 8", Oril 8;21:>0 i>: ~ i ~ . f<l :>:N ..:Iii< ..:IriI < t II< ~ ill 1i<8D riI..:10t!Ji>::><U1 U1 0 . . o ZO . 8H ZrilUl": ~ > i ~ . rJ DUO .o:::;::riIHP'lZriI i>: . . .. 80 Z 8 E-ii>:::;::ZU 0 cti z . Ul i>: U. U1 '~Po. D riI riI 8 · . 0 i ~ i:ll o ~ D U1ri1 rilO::....UlUPo.O H ~ ~ .. . ~ 00Z8 0 ~ < , ~ UZ~~ D , <J riI;21Po.~ ..: riI cti O::i>:i>:riI i>: II~IO ~ Z ~ H .. " , , IN RE: ES1'A1'E OF ALBErl'l' H. MILLER, JR" LA'l'E OF SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED IN 1'HE COUR1' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE NO, 21-81-120 WAIVER OF PUBLICATION OF NOTICE OF HEARING AND NOW, come Claimants and Administratrices, all parties in interest, and do hereby waive publication of notice of hearing as required by Rule 81.1 of the Orphans' Court of Cumberland County, ~.f~ x ~ /1{. LJ r!#~ Bertha M, Wolf ~~- a." ~ Cora A,F 1C ng r VISAGGIO'S, INC, BU~~,l~(~~e,-' Vice President and Secretary MnHS, MV~HS. FWW~H& JOIINSON. ATTORNEYS AT LAW :J01 MAliKET ~T~E[T, LEMOYNE, PENNA, .. 1 W. lilGH STREET, CARLISLE, PE:NNA. IN RE: ESTATE OF ALBERT H. MILLER, JR" LATE OF SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE NO, 21-81-120 NOTICE OF ARGUMENT ON EXCEPTIONS TO AUDITOR'S REPORT PLEASE TAKE NOTICE: That the undersigned Auditor, duly appointed to take testimony and render a Report on the above-captioned matter, having received Exceptions filed to the said Report by Claimant, sets, pursuant to Cumb,Q,C, Rule 87.3, Monday, October 4, 1982, at 9:00 a.m. in his office at Third & Market Streets, Lemoyne, Pennsylvania, as the time and place for argument on the said Exceptions. ,/::'~..'- .' ~ >:'.(',. / -Reller, Auditor DATE: September 7, 1982 cc: John M. Eakin, Esquire Eakin & Eakin Market Square Building Mechanicsburg, Pennsylvania 17055 Richard C, Snelbaker, Esquire Snelbaker, McCaleb & Elicker 44 West Main Street Mechanicsburg, Pennsylvania 17055 Bulletin Board, Clerk of the Orphans' Court Cumberland County Courthouse Carlisle, pennsylvania 17013 MYERS, MYERS, FWWER & JOHNSON - ATTORNEYS AT LAW 301 MARKET STREET, LEMOYNE, PENNA. - 1 W. HIGH STREET, CARLlSL.E. PENNA. ~ C- .' ", '.j, " " ';.-~ L C)(~ l -.. ~I~I N n " 0.: ?=> L:l' t~; '~~.:.: ~3:.: I.L.J~_.' t>: c:: I.:' ,.- c.~ r= "I p:' rd?f' n ;:' ~',: PRAECIPE FOR LISTING CASE FOR ARGUMENT ' (Must be typewritten and submitted in dupliclItc) 'A~ [I! : I] 1\ ,~, "i TO THE PROTHONOTARY jOF CUMBERLAND COUNTY: Please listlhe within matter for Ihe next: o "re,Trial Argument Court [K] Argument Court ----------------------------------------------------------------------- CAPTION OF CASE (entire caption must be slated ill full) In re: Estate of Albert H. Miller, Jr" late of Silver Spring Township, Cumberland County, Pennsylvania, Deceased, (Plaintif!) vs. '.-) (Defendant) t:~ _-r~ n 9-~... r"~ ~-. r~l' ~ (,.,,,n. . ,":::i:, c_ -----:;:, ,,,.0' OJ/' ,:; ~~.; <"-:----':""":1 x'." ~ .~..:-.~)o:~ ~'.';-.(.):;r.n ',' - '-Orn - '- <'.._'--1 .r%" c.~~=< Estate No, 21-81-120 No, 1X1ll{ vs. 19_ 1. Stale matter to be argued (i, e., plaintiffs motion for new trial. defendant's demurrer to complaint, etc,): Claimant's exceptions to auditors report. 2. Identify counsel who will argue case: (a) fO'l~JJ1~f.1!ant- Snelbaker, McCaleb & Elicker(Snelbaker). Accountant- John M. Eakin (b) for defeHOOHH 3, I will notify all parties in writing witlun two days that this case has been listed for argllment._ m.~ Accountant ) Dated: December 23, 1982 LAW OFFICES SNt!LDAKI!R. McCALED 11 ELICKt!R (1892) : "'l'he auditor in the Court below held that in making distribution the costs,must be fleducted from.,tl:1e, fund. 'rhis is tl'e genenil rule in regard to. costs of audit in the Orphans' Court, yet it is by no means an inflexible one. There is no reason why a party who has presented an unfounded claim in that Court should not pay the costs of his unsuccessful litiqation as well as in pro- ceedings at law. As a general rule, however, it would be inconvenient, if net impracticable, and is seldom observed. In most estates an auditor is appointed to make distribution anQ the expenses thereof must be borne by the estate, as they are for its benefit." 150 Pa. at 5l.8 (Emphasis added.) It has also been said that: "~Ihere no unfair motives can be imputed to exceptants or the administrator, the costs of audit " should be paid by the estate. Estate of r,ightner, 16 Lane. L. Rev. 244, 246 (1899). Even with reaard to unsuccessful. claimants, the estate must pay for the audit if the claimant satisfies the court that he had probable cause to request it. ~.; Bennett's Estate, 30 D. & C. 148 (Northampton Co. 1937). In cases where costs are divided between the ?arties, there is usually a finding that the parties have been guilty of 'wrongful conduct. See Estate of Dellinqer, 37 Dauphin Co. 32 (1933). The Claimant herein should be considered a successful claimant since the Auditor founQ that the Decedent caused almost all of the items of damage claimed (Finding of Fact No.6), and also found that the Estate is liable to Claimant for all damages to the property which the Claimant can prove. (Conclusion of Law No.1.) There was no finding that the Claimant has been ~uilty of wrongful or improper conduct. In these circtmstances, the cas -4- .I ~ J I J , I I :j ~ I j ! I I I j I I of the audit should be borne entirely by the estate. ,'1, In Mellon National Bank & Trust Co. v. East, Crossroads Cente , Inc., 24 D. & C. 2d 128 (Al1eqheny Co. 1961), a case not involvin an estate, but involving a fund for distribution,~he fOllowing was said: We know of no reason to impose any part of the costs of the proceeding upon the successful claimant nor would it be equitable to do so., We can find no case where a successful litigant, not guilty of any improper or inequitable conduct, has been saddled with the costs of the litigation. The parties in this case standing on equal footing and with no circumstances present which would demand a deViation from the rule, the costs of the proceedings, includ- ing the payment of the auditor's' fee, should be !,<"id out of the fund with no Dart of it to be assessed against the amount due the successful claimants. 24 D. & C. 2d at pp. 136, 137. The same principles apply here to require the estate to pay all of the costs of the audit. While Claimant does not have the benefit of the Estate's arguments, it anticipates that one of the arguments before the Auditor will be advanced: that the Estate was delayed in settle- ment because Claimant refused to litigate in an action of law ........,......'y,.--..., as preferred by the Estate and, therefore, should not be required -.. '-#." "..,"....,.. to pay all the costs. This is a hollow argument since the method which Claimant pursued is both proper and traditional. It gave due and proper notice of its claim to the Estate and filed exceptions to the Estate's account, The audit procedure followed. LAw OFFICES SNELflAKER. MCCALEB B: ELICKER The Estate cannot claim any impropriety on the Claimant's pro- cedure. Had the administratrices filed their account when first allowed, little delay would have occurred. In any event, the -5- CER'I'IFICA'l'E OF SERVICE I hereby certify that I am this date serving a true and correct copy of the foregoing BRIEF IN SUPPORT OF CLAI/1ANT'S EXCEPTIONS TO AUDITOR'S REPORT by depositing a copy of same in the United States mail, postage pre1?aid, at 11echanicsburg, Pennsylvania, addressed as follows: John M. Eakin, Esquire Eakin & Eakin Market Square Building Mechanicsburg, PA 17055 SNEL~~;~ " )~-ELIC~ By ,Jf,;tlt(lu. j.,( /,1/10- At~orneys/for Claimant Visag~-io' s Inc. Dated: January 3/ 1983. LI.\V OFFICE5 SNELBAKER. Mc:CAl.EB & ELICKER IN RE: ESTATE OF ALBERT H. P.ILLER, JR" LATE OF SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED l" I . O t ',.. '\;:? ~ t~) \ ,i , }. \(,,"J' ," y,i' BRIEF CONTRA CLAUlANT'S \l't ,," I \, 1\ EXCEPTION TO AUDITOR'S REPORT \. <~\," ,'~' ~f: ~) , (VI) tI~/' 'f IN THE COURT OF Cm.!)o10N 'PLE.AS OF CL~'JlERLAND COUNTY, 1'I'Nl1SYLV.ANlJI . ORPHANS' COl'P'C DIVISIONA"J, _,~' .( ll.( ESTATE NO. 21-111-120 '/, f'~' If bb 71./ if /7/ ' t!'~' , , \' ~6 {}/v,Al>J HISTORY OF THE CASE Albert H, Miller and John Spahr rented a room in the Honder vlhy Hotel; along the Hertzville Road in Silver Spring TO\~nship, in January 1980, on a monthly basis. The motel was owned by Joe and Jean Cekovich. The motel building was form- erly situate along the Carlisle Pike and was moved to the present site in the late 1960's. The motel was leased to Visaggio' s Inc., the Claimant, in August 1980, John Spahr became hospitilized in the fall of 1980 and subsequently died. Albert }l.iller continued to occupy the room until February 5, 1981 when he died, Visaggio's filed a claim for damage to the room and contents in the amount of $3,972.47 on June 29, 1981, The claim was rejected for several reasons, the principal one being the measure of damages. Claimant demanded 61,919,85 -1- sound discretion of the Court, Lusk's Estate, 150 Fa. 517 (1892), cited by Claimant stands for this proposition. In Cumberland County, matter of costs of an audit was resolved in Goodhart Estate, 25 Cumbo 123 (126). In that case a bank was named executor and trustee of real estate f.or a granddaughter of decedent for life, remainder to the children of the life tenant. The bank did not file an account for 17 years at which time the life tenant took exceptions alleg- ing the Will violated the rule against perpetuities, After the auditor concluded the Hill did not violate said rule (as a result the life tenant's interest continued with her children as remainderman) costs were placed half on the trustee and half on the life tenant, The Court in passing,on the excePtions filed by the trustee and life tenant concluded the costs should be split three ways with the remainderman paying one third. Costs were placed on the trustee because of the delay in filing an account. The life tenant was assessed as she was the losing party. The remaindernlan were directed to pay because they, "profited from the issue raised". Cos ts are placed where fairness dictates they be placed and not on the estate merely because the money is available. -3- In the present case the Claimant must pay its share of the cos ts. The Claimant had the option to either file a simple trespass action in which case a board of arbitration would hear the matter at the expense of the county or cause the inordinate delay and expense of an audit to arrive 8,t the same roint. Claimant followed the audit route and now ....._.H .....-. ""W'~' ...--. ~....,..w.,..,...,."~,",,,,,,,,,,,,,,,,,,,,,,,,,,,, must_~elp pay for it. Its election has caused unnecessary - --...---',...... and unreasonable delay and expense to the estate and the estate should not be the only one to suffer because of this unfortunate election. The estate was thereby denied the inheritance tax de- duction on the amount of damages when it filed the tax return in January 1982 - 15% of $810,00 is $121.50. It is little consolation to tell the surviving administratrix that she may now file a claim for this amount a year after the tax return was filed. A second reason to place the costs on the Claimant is the exhorbitant claim made for damages to the furniture and rug. Claimants insisted they be paid almost $2,000.00 for furniture over 10 years old which cost less than $400,00 when it was new, The new rug ($1,287.62) was not comparable to the rubber backed glued-down rug which came with the motel when it was moved onto the site more than 10 years before the alleged damage. -4- Accountant acknowledges the Claimant had the option to ~--.......~...~.... , " " . .', ",' ...,. ,., '-,,' '. ..~ ,,,,'" ,.' ""..'.,, .,." ~-.~,., ..-, .."...._~~.."'....._..,,.' file a Complaint or exceptions to the account. It was .."..,.....-.-.~"._-.........~,,-....""~.."_~..,.~,_w~# " _',"'" ' "" .....~t...,..... ,,' en tirely wi thin i ts "~igh t~"'t~~"^ig;ore the reques ts of the accountant that a Complaint be filed. Once the election is made, however, the Claimant cannot complain if the Court, in considering the equities of the case, concludes the election created unnecessary costs for all parties, materially com- plicated the settlement of the estate and the claim was excessive on its face. Under these circumstances the estate should not be required to bear the costs alone. Claimant argues it was a successful litigant and should therefore not pay cos ts. Accountants submit the Claimant filed a patently excessive claim and did not appeal the denial of the claim by the auditor. Under these circum- stances it can hardly be argued that it had probable cause to believe it could recover a new and different rug for the old glued-down rug or a room full of new furniture for 10 year old furniture. Costs of an audit are often placed on an estate when the auditor is appointed to make distribution because the service rendered by the auditor is a service to the estate. Lusk's Appeal, supra. Our case is one in which the auditor decided the merits of the Claimant, as one party, against the estate, as the opposing party. Such services are not rendered to the estate. -5- ...... " " J IN RE: ESTATE OF ALBERT H. MILLER, JR., LATE OF SILVER SPRING TOWNSHIP, CL1MBERLAND COUNTY, PENNSYLVANIA, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS I COURT DIVISION ESTATE NO. 21-81-120 IN RE: CLAIMANT'S EXCEPTIONS TO AUDITOR'S REPORT Before SHUGHART. p, J. and SHEELY. J, ORDER OF COURT AND NOW, February 14, 1983, for the reasons appearing in the opinion filed this date, the claimant's exceptions to the auditor's report are overruled and the report is approved. By the Court, Richard C. Sne1baker, For the Claimant Esquire ,{ f)d...Ia~L;?r /2W;!O~~('~d J.;/7/rf.3 John M, Eakin, Esquire I~&t Cr-Yi!- /77&(j \~~Gdt:,____ :dp ,.,\J;\ ." .' \~" ',\,.- .L.., ~-' i ;:..t .' '.,. '.~.v~l ~ IN RE: ESTATE OF ALBERT H. MILLER, JR., LATE OF SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE NO. 21-81-120 IN RE: CLAIMANT'S EXCEPTIONS TO AUDITOR'S REPORT Before SHUGHART, P.J. and SHEELY, J. OPINION and ORDER OF COURT Albert Miller died intestate February 5, 1981. Letters of Administration were granted February 18, 1981 to Bertha M. Wolf and Cora A. Flickinger as co-administratrices. On June 29, 1981, Vissagio's, Inc. (hereinafter claimant) notified the attorney for the estate of a claim against the estate in the amount of $3,972.47. The claim was for alleged damage to a room at the Wonder Why Motel in which the decedent had lived during the year prior to his death. The estate denied liability on the claim. The first and final account, filed January 28, 1982, made no provision for any payment to the claimant. The claimant thereafter filed exceptions to the account and an auditor was appointed to rule on those exceptions. On August 24, 1982, the auditor rendered a decision , finding for the claimants in the amount of $810.00. Additionally, ~ ESTATE NO. 21-81-120 the auditor's report provided that the costs of the audit, some $1,261.78, should be borne equally by the estate and by the claimant. The claimant filed a number of exceptions to the auditor's report including an exception to the apportionment of costs. The dispute as to costs is the sole issue before us. Briefly, the claimant's argument is that no portion of the audit costs can fairly be placed upon a party successful in proving its claim to the auditor. The estate, in support of the auditor's findings, argues that an audit was necessary only because of the claimant's excessive demands, In such a situation, the estate maintains, it is proper for the claimant to share a portion of the costs of the audit. A review of the auditor's findings of fact and the transcript of the hearing before the auditor convinces us that the auditor's assessment of half the costs to each party was completely proper in this case. The claimant cites a number of cases to the effect that costs should not be placed upon a party who succeeds in proving its claim. In general we agree, but what is success? Does the party who claims $100.00 and proves liability of only $1.00 succeed? Certainly that is not success in any meaningful sense. A reading of the cases cited by the claimant in their entirety leaves the strong impression that the Orphan's Court has discretion to consider the equities on each side of the case in assessing costs. The case of Lusk's Estate, 150 Pa. 517, 24 A. 595 (1892), cited by both parties, can have no more affecting lesson than this: the Orphan's Court should not blindly assess costs to the estate in all circumstances -2- .. - ESTATE NO. 21-81-120 regardless of the relative merits of the claim. In Lusk's Estate, a woman claiming to be the widow of the decedent desired to share in the estate. The claim, apparently without much foundation, was denied by the Orphan's Court, but costs were assessed to the estate nonetheless. In affirming, the Pennsylvania Supreme Court noted that" [i]n the present case costs were largely increased by the investigation of the alleged claim of the widow, and if the court below had placed a considerable portion of the costs upon her we would not have disturbed their ruling." Lusk's Estate, 150 Pa, 517, 518, 24 A. 595, 596 (1892). Previous cases from Cumberland County Court similarly make clear that costs will be assessed with reference to the equities of the case. See Goodhart Estate, 25 Cumberland L.J. 123 (1975); Fitch Estate, 4 D. & C.3d 505, 28 Fiduciary Rptr. 158 (Cumberland Co. 1978). The case of Fitch Estate is especially enlightening. In that case Fulton Bank and Richard Basehore were co-executor's of the estate. The account provided $11,562 in executor's commissions or 6.14 percent of the probate assets. Of these commissions, the bank demanded $6,890 leaving Basehore with only $4,672. Basehore excepted to the amount of commissions in general and to their unequal distribution. An auditor determined that executor's commissions in excess of 5 percent of probate assets were excessive. The auditor further determined that com- missions should be shar.ed equally by the co-executors because there was no express agreement to the contrary and because the bank did not prove it was entitled to a greater share. The auditor assessed -3- I I I I I i \ I I \ \ \ I \ \ I I I I I I " - " ESTATE NO. 21-81-120 costs to the bank, and the bank took exception. In affirming the auditor, we said: "[closts may be imposed upon an executor who, as here, makes a fee claim in excess of the accepted figure of five percent of the estate and without any agreement allocating the commission attempts to take two-thirds of that excessive fee." Fitch Estate, 4 D. & C,3d 50S, 509, 28 Fiduciary Rptr, 1.58, 162 (1978). The question, then, in weighing the equities of the instant case is whether the claimant I s cbmand of $3, 972 ./~ 7 was excessive in light of its actual damages. Th\" auditor's findings as well as the testimony adduced at the hearing clearly show the demand of nearly $4,000 to be excessive. The claimant used replacement cost to estimate damage to a carpet and some furniture that were in used condition (the carpet was approximately 8 years old, the furniture even older) when the decedent first moved to the Wonder Why. See N.T, 3_61 and F.F. 12, 13, 15, 16, 17.2 Furthermore, the carpet claimant listed as a total loss and for which he desired replacement cost damages was in fact still in use. See F,F. 41. The actual amount of damage determined by the auditor was $810.00, and the evidence supports his finding. In light of the facts of the case, including the claimant's misguided attempts to I receive replacement cost damages, we believe its demands were lpage references are to Notes of Testimony of the May 18, 1982 hearing before the auditor. 2These findings of fact are included in the auditor's report filed October 19, 1982. -4-