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HomeMy WebLinkAbout95-039210/19/95 14:46 $7172~22g47 CAMERON JAMES DURYEA CAMERON - ATTORNEY ~ 1327 North Front Street FAX NO. (717) 23z-2347 ~ Harrisburg, Pennsylvania TELEPHONE NO. (717) 236-3755 17102 ~ ool CONFIDENT~ALITX NOTICES THIS FACSIMILE MAY CONTAIN CONFIDENTIAL INFORMATION WHICH MAY ALSO BE PRIVILEGED AND WHICH IS INTENDED ONLY F'OR THE USE OF THE ADDRESSEE(S) NAMED BELOW. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THFs INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION OR COPXING OF THIS FACSIMILE, OR THE TAKING OF ANY ACTION IN RELIANCE OF THIS TELECOPIED INFORMATION MAY BE STRICTLY PROHIBITED. ZF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE NOTIFY US IMMEDxATELY 8Y TELEPHONE AND RETURN THE ENTIRE FACSIMILE TO US AT THE ABOVE ApDRESS AT OUR COST VIA THE U.S. POSTAL SERVICE. THANK XOU. FACSIMILE TRANSMISSIO13 J ~~ TO • ~ ~ ~ YI V FAX : a~~ - ~ yq0 / ~~ l ~o ~s DATE : ~~. ~ ~~- RE . e, TOTAL NUMBER Off' PAGES INCLUDING THIS SHEET: DOCUMENT TRANSMITTED AS FOLLOWS: FOR APPROVAL FOR YOUR USE AS REQUESTED FOR YOUR REVIEW AND COMMENT ADDITIONAL COMMENTS: 10/19/95 14:47 '$'7172a22~47 CAMERON JAMES DURYEA CAMERON ATTORNEY-AT-LAZY 1327 NORTH FRONT STRF6T HARRISevRC, PSNNSrivANtn 17102 POST QFFICE BOX 15006 HARRISBURG, PA 17105.0006 LICENSED LN HOTlS PEZINSYLVAT2IA AND MARTL,AND Mary C. Lewis, Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ~ 002 rELE4FIONE: (717) 236.3785 FAC~L(LEr (7171 t;32.2347 October 19, 1995 Re: Estate of Dorothy E. Augustine, deceased No. 21-95-392 Dear Ms. Lewis: This is in reply to Attorney Mark E. Halbruner's letter to you, dated October i8, 1995_ I represent Romayne Shay McMahon, the named Executrix under the Last Will and Testament of Dorothy E. Augustine. In my opinion, it remains inappropriate for any of the parties to attempt to manipulate the process by means of the type of letter sent to you by Mr. Halbruner. Accordingly, I will not engage in an opposing substantive discussion in this letter_ Rather, I will simply state my procedural recommendation that your office either admit the previously-offered Last Will and Testament of Dorothy E. Augustine to probate, facilitating the anticpated appeal of your decision by Robert G_ Augustin, or, alternatively, schedule a hearing on the validity of the Wi11 previously offered. Only if you were to refuse to admit the will to probate (with or without a hearing) would you need to consider the propriety of appointing someone other than the nominated executrix as administrator. We believe the Will we have submitted to be valid, and do not expect you to reach the question of the proper person to act as administrator. Nevertheless, were you, azguendo, to reach this question, Y would respectfully request that you do so in a manner consistent with the Rules of Civil Procedure, and not by following the inappropriate "short cut" suggested by Attorney Halbruner. 10/18/85 14:48 $7172~22~47 CAMERON I mean no disrespect to you, but must insist that it remains inappropriate for you to consider Mr. Halbruner's letter upon the substantive factual and legal issues presented by this case. Thank you for your consideration of this matter. JDC/sg cc: Romayne Shay McMahon Jerry R. Duffle, Esq. Mark E. Halbruner, Esq. Sharon K. Richtez f~ oos Respectfully, ~• J e D. Cameron JAMES DURYEA CAMERON ATTORNEY-AT- LAW 1327 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102 POST OFFICE SOX 15006 HARRISBURG, PA 17105-0006 LICENSED IN BOTH PENNSYLVANIA AND MARYLAND Mary C. Lewis, Register of Wills Cumberland County Courthouse 1. Courthouse Square Carlisle, PA 17013 TELEPHONE: (717) 236-3755 FACSIMILE: (717) 232-2347 October 19, 1995 Re: Estate of Dorothy E. Augustine, deceased No. 21-95-392 Dear Ms. Lewis: This is in reply to Attorney Mark E. Halbruner's letter to you, dated October 18, 1995. I represent Romayne Shay McMahon, the named Executrix under the Last Will and Testament of Dorothy E. Augustine. In my opinion, it remains inappropriate for any of the parties to attempt to manipulate the process by means of the type of letter sent to you by Mr. Halbruner. Accordingly, I will not engage in an opposing substantive discussion in this letter. Rather, I will simply state my procedural recommendation that your office either admit the previously-offered Last Will and Testament of Dorothy E. Augustine to probate, facilitating the anticpated appeal of your decision by Robert G. Augustin, or, alternatively, schedule a hearing on the validity of the Will previously offered. Only if you were to refuse to admit the Will to probate (with or without a hearing) would you need to consider the propriety of appointing someone other than the nominated executrix as administrator. We believe the Will we have submitted to be valid, and do not expect you to reach the question of the proper person to act as administrator. Nevertheless, were you, arguendo, to reach this question, I would respectfully request that you do so in a manner consistent with the Rules of Civil Procedure, and not by following the inappropriate "short cut" suggested by Attorney Halbruner. I mean no disrespect to you, but must insist that it remains inappropriate for you to consider Mr. Halbruner's letter upon the substantive factual and legal issues presented by this case. Thank you for your consideration of this matter. JDC/sg cc: Romayne Shay McMahon Jerry R. Duffie, Esq. Mark E. Halbruner, Esq. Sharon K. Richter Respectfully, /,,- '~ .~ ,~'' J me~ D. Cameron LAW OFFICES OF LOWELL R. GATES, P.C. LOWELL R. GATES Also Admitted to Massachusetts Bar MARK E. HALBRUNER Also Admitted to New Jersey Bar October 23, 1995 Mary C. Lewis, Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 IN RE: Estate of Dorothy E. Augustin, deceased; Estate No. 21-95-392 Dear Ms. Lewis: 600 N. 12TH STREET, SUITE 2 LEMOYNE, PA 17043 (717) 731-9600 FAX (717) 731-9627 In regard to the above-referenced matter, I am writing in response to Attorney James D. Cameron's correspondence to you dated October 19, 1995. First, my previous correspondence to you was not an attempt to circumvent the proper procedural couse but was intended to expedite your decision and avoid needless cost to the parties involved. Accordingly, I provided Mr. Cameron with a copy of my letter so that he could respond to the arguments I presented. With the exception of my reference to Robert G. Augustin's activity as an electrical contractor in the Carlisle area, the facts stated in my letter appear in the pleadings already filed in this matter. Likewise, the legal arguments made in my letter are contained in the brief I previously submitted in this matter. Second, Mr. Cameron has apparently misunderstood the Orphans' Court order of September 13, 1995. The order clearly directs that your office determine whether Robert G. Augustin, the petitioner, is suitable to administer the estate of Dorothy E. Augustin. The order makes no mention of a will nor does the order ask you to consider Mr. Cameron's client, Romayne S. McMahon, as an alternative choice for administrator. Third, I take exception to Mr. Cameron's statement that the document now in your possession is a valid will. The document is a photocopy of what may or may not be a valid will. Without an original signature or mark by Dorothy E. Augustin or an original signature of someone acting at her direction, the document is not by itself a valid will. In summary, I believe that you can reach a decision based upon the facts already submitted in this matter, but I will cooperate if either you or Mr. Cameron find it necessary to engage in more formal proceedings. Whichever procedural course is taken, I request that you limit your decision to the issue presented in the Mary C. Lewis, Register of Wills October 23, 1995 Page 2 September 13, 1995 order. In other words, I ask that you ignore the purported will offered by Ms. McMahon and determine whether Robert G. Augustin should receive letters of administration. Thank you for your attention to this matter. Very truly yours, i /.,' f ,- . ~, `~~ -~ . ~,Z Yom'`-•S ~~ Mark AE`. Hal~brune cc: Robert G. Augustin Sharon K. Richter James D. Cameron, Esquire LAW OFFICES OF LOWELL R. GATES, P.C. LOWELL R. GATES Also Atlmitted to Massachusetts Bar MARK E. HALBRUNER Also Admittetl to New Jersey Bar October 18, 1995 Mary C. Lewis, Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 IN RE: Estate of Dorothy E. Augustin, deceased; Estate No. 21-95-392 Dear Ms. Lewis: 600 N. 12TH STREET, SUITE 2 LEMOYNE, PA 17043 (717) 731-9600 FAX (it 7) 731-9627 My office represents Robert G. Augustin, the adopted son of Dorothy E. Augustin. Dorothy Augustin died February 15, 1995. Aside from Robert Augustin, Dorothy Augustin's only other presumptive heir is her granddaughter, Sharon K. Richter. Both presumptive heirs are adults, and neither is under any legal disability. Upon advice of your office and your office' s solicitor, Robert Augustin filed a petition asking that the Orphans' Court grant him letters of administration as personal representative of Dorothy Augustin's estate. By Order dated September 13, 1995, the Orphans' Court remanded the matter to your office to determine whether Robert Augustin is suitable to administer the estate. On behalf of Robert Augustin, I request that you find in his favor and award letters of administration to him. In order to assist you in reaching your decision, I will conc~.sely state the legal argument whic.l 1 presented in Iny brief to the Grphans' Court. First, 20 Pa.C.S. ~3155(b) provides that where there is no valid will and no surviving spouse, letters of administration should be granted, except for good cause, to one or more of the intestate heirs who will best administer the decedent's estate, giving preference among them according to the size of their respective shares. In this case, there is no valid will and no surviving spouse, and Robert Augustin and Sharon Richter will share equally in Dorothy Augustin's estate. Therefore, there is no basis for distinguishing between them based on the size of their repective shares. Second, 20 Pa.C.S. X3157 provides that. an otherwise qualified applicant for letters of adminiNtratiori may be disqualified due to the applicant's nonresident status. For example, in Schulz's Estate, 120 A.2d 178, 180 Pa.Super. 237 (1956), the Superior Court Mary C. Lewis, Register of Wills October 18, 1995 Page 2 held that letters of administration were properly refused to an interested person living in a trailer outside Pennsylvania. In this case, Sharon Richter lives in South Carolina, and Robert Augustin resides in New Cumberland, Pennsylvania. Ms. Richter has limited financial resources and would likely have great difficulty administering an estate over a substantial distance. In contrast, Robert Augustin is an electrical contractor and spends a large portion of his time in the Carlisle area. Therefore, Robert Augustin is the best choice for administrator. Thank you for your attention to this matter. Very truly yours, J /Y f ., f~ , ~ , __ _. Mark E. Halbruner cc: Robert G. Augustin Sharon K. Richter James D. Cameron, Esquire LAW OFFICES OF LOWELL R. GATES Also Admitted to Massachusetts Bar MARK E. HALBRUNER Also Admitted to New Jersey Bar SUSAN KAY CANDIELLO CRAIG A. HATCH GATES S~ ASSOCIATES, P.C. 1013 MUMMA ROAD, SUITE 100 LEMOYNE, PA 17043 (717) 731-9600 FAX (717) 731-9627 WEB SITE: WW W.GatesLawFirm.COM April 14, 1997 Mary C. Lewis, Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 1:: C.~'L' : ~StBL~ Ur LlC72'Z3tily E. ~,uq~:stin, neceased; Estate No. 21-95-392 Dear Ms. Lewis: My office represents Robert G. Augustin in connection with his interest in the above-referenced estate. As you know, a hearing was held last year in your office to determine whether an alleged will should be admitted to probate and to determine the proper person to administer the estate. I am writing in response to the motion filed by Attorney James Cameron on behalf of his client, Romayne McMahon, asking you to supplement the record in that hearing by admitting into evidence a certified copy of a Chapter 13 bankruptcy petition filed by my client on March 27, 1997. Because the motion is not endorsed with a notice to plead and because I have not received a rule to show cause directing me to answer the motion, I believe this letter will be sufficient to voice my client's objection to the motion. For at least two reasons, it would be improper for your office to re open the record in this estate in order to receive the bankruptcy petition. First, there is no provision in the Decedents, Estates anal Fiduciaries Code which permits a Register of ~vil~_5 tv rC'vN11 a rcC:~ru llia%~ u ilcariiig i1.cx~ ,/c.~ ~.c.i.. c,.nd CiO~:: Second, it would be unfair to my client to permit an isolated piece of evidence to be added to the record more than a year after the close of the hearing. If the bankruptcy petition is received, my client should be allowed to testify as to why he filed the petition, and he should also be given the opportunity to further examine Ms. McMahon to determine if she has engaged in any transactions or events which might negatively reflect on her ability to administer the estate. For the foregoing reasons, I respectfully object to the relief requested by Mr. Cameron in his motion. I will also restate the fundamental points, stated more fully in my brief, of my client's objection to the alleged will. The Mary C. Lewis, Register of Wills April 14, 1997 Page 2 alleged will contains the photocopied signatures of the decedent and a notary public, and it also contains the original signatures of two men who worked with the decedent. Ms. McMahon, the proponent of the alleged will, testified that the original document was kept in a desk at the decedent's residence. However, the location of the original document is unknown. Also, no explanation was given as to the origin of the photocopy offered for probate. By way of a stipulation, the notary public testified that he saw the decedent sign the original document. However, the notary public did not state that he read the original document, nor did he verify that the photocopy offered for probate is a true copy of the urigiiiai dOClllileli~:. Tile tW0 witnesses wIiv` ~ig7'ied tic photocopy verified their signatures, but each of them affirmatively expressed that he neither read the document at the time he signed it, saw the decedent sign another document, saw another document with the decedent's signature on it, or saw the creation of the photocopy offered for probate. Furthermore, neither of the witnesses recalled signing more than one document. Neither of the two witnesses, nor the notary public, could verify both the execution and contents of the original document. Furthermore, Ms. McMahon failed to present positive and clear evidence to overcome the presumption, applicable in the case of a lost will, that the decedent revoked the alleged will by destroying the original copy prior to her death. Therefore, the alleged will should not be admitted to probate. Respectfully, -~ - . ,- ~~ + }-f' . ~/fir `='~_ Mark E. Halbruner MEH:cmh T T .. /r.• CC: ua~~leS ?~. %aiilEivii, :~yu1~e Ralph H. Wright, Jr., Esquire Robert G. Augustin IN RE: ESTATE OF DOROTHY IN THE COURT OF COMMON PLEAS E. AUGUSTIN, deceased CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE N0. 21-95-392 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Be it known, that on the ~~ day of ~ 1995, before me, the subscriber, a Notary Public, p sonally appeared MARK E. HALBRUNER, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania, and I am employed by the law fine of Lowell R. Gates, P.C., Lemoyne, Pennsylvania. 2. My fine represents Robert G. Augustin in connection with a Petition for Grant of Letters of Administration which was filed on his behalf in the Estate of Dorothy E. Augustin. 3. On May 25, 1995, I served the aforementioned petition and the accompanying rule on Sharon K. Richter by certified mail, return receipt requested. 4. On May 27, 1995, Sharon K. Richter accepted delivery of the petition and rule. A photocopy of the Domestic Return Receipt is attached hereto as Exhibit 1. The original Domestic Return Receipt is attached as Exhibit 1 to an Affidavit of Service filed of even date herewith in the Estate of Sylvester E. Augustin, Cumberland County Orphans' Court No. 21-92-190. 0 ~. MARR E. HALBR ER of SW~O~RNS~ SUBSCRIBED before me, ~~~d J _ 19 9 5 . a Notary Public, this ~ day otary Public My Commission Expires: Notarial Seaf Janet C. Naclerio, Notary Public Lemoyne Boro, Cumberland County My Commission Expires April 19, 1999 Member, PernsylvaniaAssodation of Notaries UNITED STATES POSTAL SERVICE ~_ ,~ ~wf~'i~~~ `. 4 ~' . Aw Official Bllslness ~~ ? ''~ ~. ~ ' t ~:~ "} '`, 'v/ . R\y\\~/ _.. ~J~ tc•~,~ ~'. ~~~_: ~4. .,. •r_` .y~1 ~... .~..t``` ~+ee _.__ .._."_.. _.. -q. _.~. -___. _ __•'- .. _..: .. ... -. _ - -.ice. ,_.,. ~„t..- r .. _ ~ -.. y. .~ ~ ' : ~ _ SENDER -''' ~ ' ~ 2 f dditi ea i 1 dl l ~ ~ l • C to receive the ' .t also vvisfi ' tems an or or a ona sem s } -p ete omp - ~ ~ Complete rtsms 3, and 4a & b. _ -_ ~. .- ~-s ... ; ~ following services (for an extra ' • , ~ ~' ~ Prim your name and address on the roversa of this form so that we can: " ~ ' fol. r};_ ,: ~ ~ i' j ~` . ~ return this card to you. . , :,_ • x: 'ti . ~. ~ or on the back if space Attach this form to the front of the matlpurce ' ~ 1. ^ Addressee's Address o 1 rq : a) ~ does not permit. ,,.~-.,., • ,:.. ~ rt _ - - M ~, . t • Write "Return Receipt Requested" on the meilpises bebw the artids rarmber 2 ^ ReStrlCted Delivery a= • The Return Receipt will show tawhom the article was delivered and the date o dsliverod. : Consult ostmaster for fee. ~• , v Y m - - ~- 3. Article Addressed to: ;. 48 Art icte Number ~ ~ _ ~ . - . . D, (~1n_ may. ~t~,.~~./~ ~ . a -,,. - , 4b. Service Type "~ - ~ ~$ T,i nriell COUrts _` *~ ^% p ^ Registered ^ Insured South Caro~Ll]a. fn Moncks Corner _ ~ Certii;ed ^ coD ~ : y ~ , s~,. Z911G1 - ' Return Receipt for ^•Express Mail ~^ ~ W . ~'. ~ Merchandise e ~ ~ ~~ '~ . ~- ~ _ :.- 7 Date Deliv ~ ~. ` a ~~ ~ t - : D. z e (Addressee ~ ' ° " ~ 8. dresses A ess (Only if requested Y ~ ~~t d fee is paid) ~ ~' L " ` ~ ignature (Agent) ~ PS Form 3811, December 1991 srusc;~~~c~--aS2at~ DOMESTIC RETURN RECEIPT 1 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 I N D E X WITNESS DIRECT CROSS REDIRECT RECROSS Alfred Wadley 4 5 -- -- Romayne McMahon 8 21 28 -- Anthony Wise, Junior 32 35 39/41 40 Thomas Lehman 42 45 -- -- Sharon Richter 46 50 -- -- Teddy Hiott 52 54 -- -- Robert Augustine 55/64 69 -- -- Rebuttal ..Romayne McMahon 70 -- -- -- E X H I B I T S NO. DESCRIPTION PAGE ;Respondent's 1 Copy of will of Dorothy Augustine 4 I jPetitioner's 1 Certified copy of adoption records 64 C.P.C.R.S. (717) 258-3657 or (800) 863-3657 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 P R O C E E D I N G S THE SOLICITOR; This is the time and place set for ~Ithe hearing on the petition of Romayne Shay McMahon for the grant of testamentary in the estate of Dorothy E, Augustine. I iThe petition was contained in an answer to a petition by ,Robert G. Augustine and consequently we will refer to Ii Romayne Shay McMahon in this proceeding as the Respondent and Robert G. Augustine as the Petitioner, notwithstanding I'the caption in the answer of Romayne Shay McMahon which actually contains the petition. Does the respondent wish to make an opening statement? MR. CAMERON: NO. THE SOLICITOR: Does the respondent wish to present any preliminary matters? MR. CAMERON: We do have a stipulation which is acceptable to all the parties that will be helpful, (Discussion held off the record.) MR. CAMERON: Call Al Wadley. ALFRED WADLEY, called as a witness, having been duly sworn, testified as follows: DIRECT EXAMINATION $Y MR. CAMERON: Q. Please state your name. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 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 A. Alfred Jerome Wadley. Q. What's your business address? A. My business address is 2500 North 6th Street, Harrisburg, Pennsylvania. Q. By whom are you employed? A. Chet Crone. Q. And in what capacity? A. As a real estate agent. Q. Were you acquainted with Dorothy Augustine, the deceased? A. Yes, I was. Q. And in what capacity? Was that related to your work at the real estate agency? A. She was a fellow agent at the office. Q. Okay. Directing your attention to the document which we're asking be probated today, which I think we're denominating as Respondent's Exhibit Number 1, do you recognize that document? A. Yes, I do. Q. If you would look at the bottom of it, is that your signature? A. Yes, it is. Q. Do you recognize the signature of Dorothy Augustine? A. Yes, I do. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 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 Q. Do you recall signing this document? I A. Yes, I do. I i Q. Who requested you to sign it? A. Dottie Augustine. ~ MR. CAMERON: Thank you. I have no further I questions for this witness. CROSS EXAMINATION ~BY MR. HALBRUNER: Q. Mr. Wadley, do you recall when you signed 'Respondent's Exhibit 1? A. No, I don't. I just knew it was several years ago, but I don't remember the date or the year. Q. And you say that Dottie Augustine asked you to sign it? A. Yes, she did. Q. where were you when she asked you to sign it? A. In our office. At the real estate office on 2500 North 6th Street. Q. And where were you when you physically signed the document? A. I am not sure, but I think I was in Tony Wise's office when I signed the document, which is the first office from the main room. Q. And Tony Wise also works for Crone Realty? A. Yes, he does. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 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 Q. Do you recall reading the document at the time you signed it? A. No. I saw no reason to read the document. I felt that was privileged information. I only knew that it was her will and I knew that it was her that was asking me to sign. So, I just signed it without reading it, which most people would normally do. Q. Who else was in the room when you signed the document? A. I don't recall. I think Tony Wise may have been in the room other than Dottie, but I'm not sure. Q. Do you recall if there was anyone else other than those two? A. Not to my knowledge. Q. Do you know who prepared the document? A. No, I do not. Q. Do you recall seeing Dottie sign the document? A. No. I did not see Dottie sign the document. Q. Do you know what happened to the document after you signed it? A. I have no idea. i Q. Would it be fair to say you signed it, gave it back to her, and 1 of t? A. Right. Q. Okay. How many documents did you sign at that C.P.C.R.S. (717) 258-3657 or (8001 863-3657 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 time? A. I don't recall today whether I signed one or two. I really don't know. Q. Okay. The document which has been marked or will be marked Respondent's Exhibit 1 has a photocopy to the signature of Dorothy Augustine. Is that correct? MR. CAMERON: Objection. It's a document. It speaks for itself. MR. HALBRUNER: Let me rephrase it. BY MR. HALBRUNER: Q. On the document which is marked Respondent's Exhibit 1, does Dorothy Augustine's original signature appear there? A. It doesn't seem to be, but I don't know. I'm not an expert. Q. Do you have any explanation why you would have signed something which was a photocopy as opposed to an original copy? A. The reason why I would sign? Because I was asked to sign and it was her document. Q. Did you see the photocopy being made? A. No, I did not. Q. Was there a copy machine somewhere in that office? A. Yes, there was. Q. Okay. You said that it's possible that Tony Wise C.P.C.R.S. (717) 258-3657 or (800) 863-3657 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 was in the room with you when you signed the document? A. Yes. It's possible. Q. Then you do you recall seeing him sign it? A. I don't recall whether I was present when he signed or not. MR. HAL$RUNER: I have nothing further. MR. CAMERON: No redirect. THE SOLICITOR: Okay. Proceed with your next. MR. CAMERON: Our next witness is going to be Romayne McMahon. If it's all right with everyone, I'd ask that Mr. Wadley be excused. (Witness excused.) ROMAYNE MCMAHON, called as a witness, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CAMERON: Q. Please state your name and business address. A. Romayne Shay McMahon, 124 South Market Street, Mechanicsburg. Q. Are you self-employed? A. Yes. Q. And what's your business? A. I have an antique business, an antique shop in Mechanicsburg. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 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 Q. What's your relationship to Dorothy Augustine, or what was your relationship? A. Well, she was a personal friend. She was an employee. We traveled together. we even traveled to Europe together with my mother and her husband. We've been friends for a long time. Q. And how long had you known her? A. I met Dottie in May of 1980 in Berlin, Germany. Q. Now, as her employer and friend, did she discuss her personal business with you? A. Yes, she did. Q. Did she ever discuss her estate planning or will with you? A. Yes. Q. Did she ever tell you who she wanted to leave her property to when she died? A. Yes. Q. To whom would she leave it? A. Her granddaughter, Sharon Richter. This is her. (Indicating.) Q. And you are indicating the person who is seated to my right? A. Yes. Q. Approximately when did these discussions begin? A. Approximately I think somewhere around 1985. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 0 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 Q. And during these discussions did Mrs. Augustine ever mention Robert Augustine? A. Well, she mentioned Robert a lot. In what capacity? Q. Did she ever mention him with respect to who she would like her property to go to at her death? A. She didn't mention Robert in that capacity. She always said the entire estate was to go to a granddaughter in South Carolina. Q. To your knowledge during the initial period that you were having these conversations did she have a last will and testament? A. In 1985? Q. Initially when you were having these discussions did she have a will? A. No. Q. And did you ever suggest to her that she should make a will? A. Yes, I did many times. Q. To your knowledge, did she ultimately make a will? A. Yes, she did. I told her if she wanted these things carried out, she had to put it down on paper. Q. Did she ever give you a copy of this will? A. Yes. Q. When she gave you a copy of her will, did she tell C.P.C.R.S. (717) 258-3657 or (800) 863-3657 1 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 you that it was her last will and testament? A. Yes, she did. Q. Now, directing your attention to the document .which we're identifying as Respondent's Exhibit Number 1, do you recognize this document? A. Yes. Q. Is this the copy of the will which Mrs. Augustine gave to you? A. Yes. Q. And what is the date on the document? A. There's a notary date August 27th, 1992. Q. Do you recognize Mrs. Augustine's signature on the document? A. Yes. Q. Do you know approximately when she gave it to you? A. She gave to me the first part of September. I was away that weekend. Q. Of which year? A. Of 1992. Q. Okay. How much -- or would you agree that she died February 15th, 1995? A. Yes. Q. How much time was there between August 27th of '92 when she made that will and February 15th of 1995 when she died? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 2 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 A. Two and a half years. Q. When she gave you the copy of the will which is Respondent's Exhibit Number 1, did she also give you the keys to her house? A. Yes. Q. And did she tell you where she had placed the original will? A. Yes. Q. Did this also occur in September of 1992? A. Yes. Q. During that two and a half year period of time between the time she executed the will and the time of her ,death, did she affirm to you that this remained her testamentary desire that it pass -- that her estate pass to her granddaughter Sharon? A. Absolutely. Right up to the end. Q. Did the petitioner, Robert Augustine, in your opinion treat her well during this period of time? A. No. Q. Was this related to anything in particular in your opinion? In other words, did it relate to any kind of litigation or mortgage payments or anything of that sort, and if so, will you please describe that? A. Yes. There was litigation between the two of them. Bob and Dottie were constantly battling each other in C.P.C.R.S. (717) 258-3657 or (800) 863-3657 3 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 court. He tried to prove her incompetent. He took her to court on that. He took her to court trying to have her thrown out of the house. There was a lady who stayed with her, an 85 year old lady who was partially blind that Dottie looked after. They were friends. And this lady paid her $250 a month. Bob went to court and tried to take that money away from his mother. He claimed he was entitled to it. Q. To your knowledge -- A. Oh, and there were mortgage payments. Q. Just tell us about the mortgage payments if you would, please. A. Mrs. Augustine owned 15 properties. Actually, there were 19 rental properties in the city of Harrisburg. She and her husband owned them. And they had drawn up an agreement to turn these properties over to Bob and hold the mortgages. And he was to pay them a sum of $2,500 a month because they were becoming elderly and they could no longer look after these properties. And he reneged on that agreement. He brought it down to -- he talked her into bringing it down to $1,500 a month, and then he brought it down to $700 a month. And half the time he didn't pay her. He might have payed her every three or four months. In my ,opinion she was under so much stress and did not have enough C.P.C.R.S. (717) 258-3657 or (800) 863-3657 4 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 money to live after her husband died because he would not pay her, including giving her bad checks that bounced, I feel that the stress brought on her early demise. Q. Did his failure to make the mortgage payments on a timely basis cause her financial difficulty? A. Oh, absolutely. She had to declare bankruptcy. She couldn't live on just a social security check of $700 a month. That was not the original intent of her husband. Certainly they intended -- I mean, he intended for her to live well. They thought they would both live well with what he would collect from the rent. But he didn't pay. Q. Was there anyone living with Mrs. Augustine or staying at her residence prior to her death? A. Yes. A lady by the name of Mrs. Margaret Hines H-i-n-e-s, and a man by the name of Thomas Sites, S-i-t-e-s. Q. And did people other than Mrs. Hines and Mr. Sites have access to her house prior to her death? A. Yes. Q. Did she -- who are some of those people? In other words, did she have anybody who cleaned for her, for example? A. She did, yes. Actually, it was Mr. Augustine's ex-wife, Kathy Branoff, would come in and clean. Q. So, in that capacity she would have access to the house. Wouldn't she? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 5 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 A. Yes. While Mrs. Augustine was at work. Q. And was the same true for Mrs. Hines and Mr. Sites? A. Yes. Q. Was there any door in the house that remained unlocked? A. Yes. Q. what was that? A. You could come in through -- if you had a garage door opener, you could come in through the garage, and then there was a connecting room that went into a TV room -- I mean, a connecting door. And anybody who could get into the garage could then get into that house by coming through the door into the TV room. Q. When she gave you the will and the keys, did Mrs. Augustine tell you where she was going to keep the original? A. Yes, she did. Q. Where was that place? A. Well, I was constantly saying, Dottie, tell me where you keep your important papers. In the event anything would happen to you, where would I look first. And she really didn't have a place at that time. I said even if you keep them in a shoe box, put them someplace. Just tell me where that shoe box is. She said, well, I don't have to put them in a shoe box. I'll put them in the right hand desk C.P.C.R.S. (717) 258-3657 or (800) 863-3657 6 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 drawer of my lady's desk in the dining room. Q. And so, you knew that you were the executrix and she told you that the original will was to be in the right hand desk drawer. Is that correct? A. Yes. Q. And all these people you've spoken about, Miss Branoff, Mrs. Hines, Mr. Sites, all had access to that desk drawer? A. They had access, yes. Mrs. Hines was partially blind. II Q. Does that drawer lock? Is there a lock on that drawer? A. No. Q. So, would you agree that any of these people who were in the house could have looked through the contents of that desk? A. They could have. Q. And would you agree that any of these people could have removed papers from the desk? A. Anybody could have. Q. Directing your attention to the events immediately following the death of Mrs. Augustine -- let me ask you first if you know approximately what time of day did she die? Was it morning, middle of the day, or evening? A. Well, her death certificate says 11:30, but that's C.P.C.R.S. (717) 258-3657 or (800) 863-3657 ~ 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 impossible because she was in my shop at 11:00. So, she couldn't have died at 11:30. Q. But was it about the middle of the day, that time period? A. I would say it was possibly lunch time or a little later. I think someone estimated the time of death. Q. Did you telephone her residence on the day of her death? I think was in the evening, or would it have been in the evening? A. Yes. Q. And when you telephoned her residence, who 'answered the telephone? A. Robert Augustine. Q. So, is it true that Robert August was at her residence within hours of her death? A. Yes. Q. Do you recall generally the subject of your conversation with Robert Augustine? A. well, when he answered the phone -- actually, I called to see how Mrs. Hines was. The lady was partially blind. We were all concerned about Peggy. And Bob answered the phone. I was really stunned. I told him that he had no right to be there and that he shouldn't remove anything from the house. Q. Did you hear him testify at the hearing that we C.P.C.R.S. (717) 258-3657 or (800) 863-3657 R 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 held before Judge Sheeley on the question of the deed, whether or not the deed of -- in Sylvester Augustine's estate, whether or not the deed was valid? Did you hear him testify at that hearing? A. Yes. Q. And at that hearing did you hear him admit taking things from that desk at that time? A. Yes, I did. Q. Later did you receive a telephone call from Carl Stoner? A. Yes, I did. Q. And what was the subject of that telephone call? A. Carl called me at home and told me to get over to the house immediately because Bob was rifling the desk and taking things out. Q. So, had Carl Stoner been at the house also before he arrived there? A. Yes. Q. Who's Carl Stoner? Let me ask you this. To your knowledge is it true that Carl Stoner is a disbarred lawyer who served time in jail for theft? A. Yes. Q. And is it also true that he worked at the real estate office? A. Yes, after he was disbarred, after he got out of C.P.C.R.S. (717) 258-3657 or (800) 863-3657 9 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 jail. Q. So, you had knowledge prior to her death that she was going to keep the original will in this desk drawer? A. Yes. Q. Were you concerned about the security of these papers in this period after her death? A. Very concerned. Q. And knowing that you were the executrix and having the key that she gave you, did you then go to the house in the period just after her death? A. Yes. Q. And when was that? A. The next morning. Q. When you did that, did you look for the original will of which you had prior knowledge in her house? A. Yes. Q. would you say you searched for it diligently? A. Yes, I did. Q. Did you look in the desk drawer? A. Did I look in the desk drawer? Yes. Q. And did you find the will when you looked in there? A. No. Q. Were there other papers in there? A. Yes. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 0 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 Q. Would you say that they were neat and orderly, or did it look as though somebody had gone through and rifled them? A. I don't know how neat and orderly they were supposed to look, but, yes, somebody definitely had gone through them because there were envelopes, large manila envelopes that were empty that should have contained 'important papers for me. Q. When did you first meet Mrs. Augustine's granddaughter, Sharon Richter? A. I thought it was when she came up to see her grandfather in the hospital. I'm not sure. You mean timewise? Q. Yes. A. 1991. Q. Did you know her very well? A. No. I had never met her. Q. Did Robert Augustine attend the funeral? A. No. Q. But he did rifle her desk shortly after her death? A. I didn't see him, but it's my opinion that he did. Q. Well, didn't he testify that he went through things, went through the desk and took things? A. He testified, and Carl Stoner did also. Now, Carl Stoner said he saw him at the desk. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 1 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 Q. And when he went through this desk was after her death and before you, the executrix, whom she had given a key to, had been to the residence? A. Yes. MR. CAMERON: No further questions. CROSS EXAMINATION BY MR. HALBRUNER: Q. Did you see Dorothy Augustine sign the document that's in front of you? A. No, sir. I was out of state at the time. Q. Do you know where the document is that bears her original signature? A. I wish I did. No, sir. I do not know. Q. Have you ever seen that document? A. No, I did not. Q. Did Dorothy ever, or did anyone else ever tell you what happened to that originally signed document after she signed it? A. No. She just brought this over to my house, gave me this copy, and told me the original was in her desk drawer, that she would keep it in her desk drawer. Q. Do you have any way of knowing whether she meant that document in front of you was the original or there was another document which was the original? A. Well, this was not the original. She gave me a C.P.C.R.S. (717) 258-3657 or (800) 863-3657 ?. 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 copy. Why would she give me the original? I would assume she kept the original. Q. Okay. I didn't speak very clearly. The document which you have in front of you has original signatures of Mr. Wadley and Mr. Wise. Couldn't it have been possible that when Dorothy referred to the original being in her desk that that document in front of you was, in fact, the original she was referring to? A. No. How could she have when she brought it over to my house and handed it to me along with all the copies of the mortgages she held with him, and also she gave me power of attorney. Q. Okay. Let me back up. The documents you have in front of you, is that the copy that she gave you? A. Yes. Q. Okay. So, you didn't get another copy out of her desk. That one there is -- A. No. This is the only one I had. Q. Did Dorothy ever tell you who prepared the will? A. Yes. Q. Who was that? A. Carl Stoner. Q. Did she tell you when he prepared it? A. It was that week. She told me she was going to do it that week. She said she'd have Carl help her draw it up. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 3 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 Q. Did you ever ask Carl Stoner whether he had the original? A. Carl Stoner had -- no. He said he did not have the original. Q. You've testified that Dorothy Augustine had a dispute of some form against Robert Augustine concerning mortgage payments to Harrisburg property. Is that correct? A. Right. Q. Did Dorothy ever institute any legal proceedings against Robert Augustine to collect on those? A. She would proceed in that direction to foreclose on those mortgages, but Bob would come in with a partial payment of some sort and pacify her and everything would stop. And then she'd wait another couple months. He wouldn`t pay, and I'd say foreclose on the mortgages. She'd get to that point with an attorney and then Bob would give her a partial payment, and that would set her back again. Q. Do you know if she ever formally instituted legal proceedings? In other words, did she ever file any court papers which would have -- A. I don't know that. I really don't. Q. You've testified that Dorothy Augustine told you the original will was in her desk? A. Yes. Q. Did you ever see the original will in her desk? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 4 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 A. No. Q. Did you ever have occasion to look through her desk prior to her death? A. Never. Q. Did Dorothy Augustine tell you where the photocopy which you have was prepared? A. Yes. In the real estate office of Chester Crone. I Q. Did she tell you when it was prepared? A. What do you mean did she tell me when it was prepared? It's dated August 27th, 1992. Q. The photocopy, did she tell you when she photocopied the original? MR. CAMERON: Objection. Personal knowledge. If you know -- THE WITNESS: No. I do not know. She did not tell me that. BY MR. HALBRUNER: Q. Now, you've testified that you looked in Dorothy Augustine's desk after she died and, presumably, after Robert Augustine would have looked in the desk. Correct? A. Yes. Q. You said that you saw some large manila envelopes in there? A. Yes. Q. Was there anything written on those manila C.P.C.R.S. (717) 258-3657 or (800) 863-3657 5 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 envelopes which would indicate what had been in them? A. Yes. There was one that said deed to 1298, and her address was 1298 Letchworth Road. But that large envelope was empty. Q. were there any other envelopes which would have indicated will? A. There was another brown envelope, just an empty ,brown envelope, but it did not say will. ~ Q. So, you have no idea what could have been in there before? A. NO. Q. You also testified about a telephone call from Carl Stoner which would have been after the telephone call you made which Robert Augustine answered. Is that correct? A. Yes. Q. Was it your testimony that Carl Stoner told you he saw Robert Augustine looking through the desk? A. Originally that's what he told me on the phone. what he testified on February the 12th in Cumberland County Court, he had a lapse of memory. But what he originally told me on the phone was you've got to get over there immediately. Bob is rifling the desk. Q. But isn't it true that on February 12th his testimony was that he did not see Robert Augustine look through the desk? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 6 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 A. That's what he testified. ~ Q. You've testified that Dorothy Augustine died (suddenly. Is that correct? A. Yes. Q. Prior to her death was she able to get around on her own? A. She was in my shop that morning. Q. Was she able to take care of her personal affairs without any assistance? A. Yes. She was 80 when she died and she worked up to the very last minute. Q. And I assume that her eyesight was still good enough to read. A. Oh, yes. It was good enough to drive. Q. On or about March 14, 1995 you signed a form renouncing your right to be executrix of the will. Is that correct? A. Yes. Q. Why did you do that? MR. CAMERON: I'm going to object to the form. I'm not sure that -- MR. HALBRUNER: Well, it was my understanding that this hearing was to determine not only the validity of the will, but who should be the executrix or the personal administrator under the will. If she's renounced, I think C.P.C.R.S. (717) 258-3657 or (800) 863-3657 7 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 that's definitely relevant. MR. CAMERON: She also withdrew her renunciation. So, that's not a legal question based upon the record that's before the Register of Wills. MR. HALBRUNER: I would like to know her reasoning I 'for withdrawing. THE SOLICITOR: The petition is broad enough to address the grant of letters. So, you can proceed with the question and the objection is noted. BY MR. HALBRUNER: Q. I'll repeat the question. Why did you sign a renunciation of your right to administer the estate of Dorothy Augustine? A. There were several reasons, but I`m not knowledgeable about real estate, and Dottie's estate consisted of at least fifteen properties. And if these mortgages that he held were to be foreclosed on, I had no knowledge of how to do that. So, I went to her previous employer whom she had been with probably 25 years who was Chester Crone. In my mind I felt that was a logical thing to do, was to ask Chester to revoke my -- I hadn't been appointed yet -- but to ask Chester if he would serve as executor of her estate so that he could proceed with handling the real estate part of it. And he agreed to that. And we came out C.P.C.R.S. (717) 258-3657 or (800) 863-3657 8 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 here on March 14th to finalize that situation. Q. And at some point subsequent to that you revoked I your renunciation. In other words, you tried to undo what you had done before. A. I attempted to do it that day, but nothing ever transpired because when -- and we wanted to file the will -- but I didn't have an original. And so, really nothing happened. Nothing happened. Chester was not appointed to my knowledge. Q. In the approximately eleven months since you've filed that renunciation have you gained any knowledge of real estate which would make you better able to administer the estate than you were last year? A. No. Q. You testified that you had never looked through Dorothy Augustine's desk before her death. Is that correct? A. That's correct. Q. So, would you have any way of knowing whether there were papers in that desk which belonged to anyone else, for example Robert Augustine? A. No. I would have no idea. MR. HALBRUNER: Nothing further. REDIRECT EXAMINATION IBY MR. CAMERON: Q. Just briefly. Looking at the document which the C.P.C.R.S. (717) 258-3657 or (800) 863-3657 9 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 decedent gave you, which we're referring to as Respondent's Exhibit Number 1, do you recognize her signature on that? A. Yes. I have an idea what happened here. Can I state that? Q. I would encourage you just to answer the questions. You were asked about an envelope that said it !had a deed in it that you found in the desk. Is that (missing deed also the subject of litigation? A. Oh, yes. Q. And is that why there was a hearing before Judge ~Sheeley? A. Yes. Q. Also, you were asked to characterize the testimony of Carl Stoner before Judge Sheeley. Did Carl Stoner testify that he did not see him, or did he testify that he was not able to see him because he was in a different part of the house? A. That's what he said. He said he was in the TV room and Bob was in the dining room. Q. And Chester Crone, again, is a realtor. Is that correct? A. Evidently he must have gotten a real estate license after he was disbarred. Q. No. Chester Crone. A. Oh, Chester Crone? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 0 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 Q. Yes. I think you answered that question, but I just wanted to -- A. Chester Crone is a real estate agent, yes. Q. Now, when you -- first of all, are you still twilling to serve as the executrix or the administratrix of ~ this estate? A. I think I'm capable of that. Q. And would you say that you are a business person? A. I am a business person. I have three businesses. I'm also an accountant. That's my first profession. Q. Now, when you came out here with Chester Crone with the document identified as Respondent's Exhibit Number 1, were you represented by legal counsel at that time? A. No. Q. Had you gotten legal advice about how to probate I this? A. No. Q. In between that period of time and the period that you withdrew your revocation, did you seek legal counsel? A. Yes, I did. Q. And did anybody advise you about -- in that period which led to the withdrawal of your revocation? In other words, did you receive legal counsel in between the time that you filed the renunciation and the time that you revoked your renunciation? Let me start all over again. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 1 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 Between the time that you -- initially you came out with Chester Crone. You and he filed the revocation. Is that correct? A. Yes. Q. And at the time you did that you didn't have legal counsel. Is that correct? A. That's correct. Q. Did you then come to see me? A. Yes. Q. And after -- without waiving any kind of attorney-client privilege or anything -- after you came to see me, did you then file the revocation of your renunciation, thus indicating that you remained willing to be the administratrix or the executrix of this estate? A. Yes. Q. Do you believe you would be able to serve -- do you believe you'd be able to fulfill the duties as personal representative of this estate with respect to the principal asset, not counting the dispute over the deed -- the principal asset of the estate being the mortgages from Robert Augustine to the decedent? Do you think you'd be able to handle the foreclosure proceedings or whatever other proceedings were necessary if you had the assistance of legal counsel? A. Yes, certainly if I had the right people assisting C.P.C.R.S. (717) 258-3657 or (800) 863-3657 2 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 me. MR. CAMERON: No further questions. MR. HALBRUNER: Nothing further. THE SOLICITOR: Proceed with your next witness. ANTHONY W. WISE, JUNIOR, called as a witness, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CAMERON: Q. Please state your name and your business address. A. Anthony w. wise, Junior. I sell real estate for Crone Real Estate in Harrisburg, Pennsylvania. Q. What was your relationship to Dorothy Augustine? A. Fellow worker at the same office. Q. Now, directing your attention to the document we're referring to as Respondent's Exhibit Number 1, do you recognize this document? A. It looks like the one that we had back in the office there, you know. I don't know. Q. Is that your signature on that document? A. Yes, it is. Red ink. Q. Do you recognize Mrs. Augustine's signature on that document? A. It looks like Dottie's. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 3 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 Q. Do you recall signing that document as a witness? A. I know we went back to the rear office and I leaned over the desk and signed it and then left right away. Took a matter of seconds. Q. Who asked you to sign it? A. I think Dorothy went and got both of us to come back and sign it. Q. When you say both of you, who is the other person? A. Alfred Wadley. Q. Was anyone else present at the time? A. I think that Carl Stoner was there and Tony Penn, and Dorothy and me signed this last will and testament. Q. Do you recall whether you signed an original will as well as this copy? A. Only signed one time that I can remember. Q. Do you know what Mrs. Augustine did with the will after you signed it at the real estate office? A. No. They stayed in the office and we left to go to work, you know, making phone calls and handling our real estate business. They were still back in the office. Q. Did Mrs. Augustine ever discuss with you the question of to whom she wanted to give her estate when she died? A. Everything was supposed to go to her granddaughter and grandchildren. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 4 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 Q. How often would you say she discussed this with you? A. Not too often because we have -- there's books coming to our office every week, and she would get the boxes when the books came in because she wanted to fill it up with food or whatever and send it to the granddaughter, or send 'it down out of state, I know that much. Q. Did she discuss this with you prior to the time that she asked you to sign this will? A. No. She never went into any detail about anything except we'd be asking what she was doing with all the boxes. That's when she told us that they were sending them down here. Q. And when you say down here, you mean to Sharon Richter? A. Out of state. we knew it was out of state, but we didn't know where. Q. Do you know that Mrs. Augustine owned at least 14 rental properties in the city of Harrisburg? A. I thought there were ten. Q. Well, did you know that she owned a series of rental properties? A. Yes. She owned quite a bit. She owned more than one rental property. We went through quite of a bit of them. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 5 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 Q. Now, you're a real estate agent and you practice in the city of Harrisburg. Don't you? A. Yes. Q. Did you know that she sold most of these properties to Robert Augustine and that she took back her 'mortgage? A. Yes. Q. And did she ever tell you whether or not she received regular mortgage payments from Bob Augustine? A. No. Periodically she would get $1,500 a month. quote Dorothy when she said. Q. To your knowledge did he make the payments when I due? I A. No. He didn't make all the payments when due according to Dorothy. Q. Did -- to your knowledge did he pay the taxes due on the properties in a timely manner? A. I don't know anything about that. MR. CAMERON: No further questions. CROSS EXAMINATION BY MR. HALBRUNER: Q. Mr. Wise, you testified that you only signed one document. A. As far as I know I signed one document. Q. And was Mr. Wadley, was Alfred Wadley with you at C.P.C.R.S. (717) 258-3657 or (800) 863-3657 6 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 that time? i A. No. Q. He was not? A. No. Q. And you said that you signed the document in the rear office in Crone Real Estate? A. Yes, sir. Q. Whose office would that have been? A. That was one office where each new salesmen came in and took that office periodically till he got a better office. So, it was open, twa desks pushed together. It was open to all the new salesmen who came in. Q, was that your office at the time? A. No. My office was up front. Q. Okay. So, you had an another office? A. Yes, sir. Q. You also testified that Carl Stoner and Tony Penn were there? A. If I remember correctly they were both there when I went back. And all we did was leaned over the desk and signed it and went back to work right away. Q. Now, we've heard testimony that Carl Stoner was a former attorney and since became a real estate agent with Crone Real Estate? A. Yes, sir. C.P.C.R.S. (717} 258-3657 or (800) 863-3657 7 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 Q. How about Tony Penn, who was he? A. He's an attorney in Harrisburg. Q. As far as you know, he still is an attorney? A. Yes, sir. Q. Okay. Did Dorothy Augustine or anyone else tell you who prepared the will? I A. No. We didn't go in detail because it was tough 'enough just to go back and sign it and leave because we're busy up there with real estate. Q. Do you recall when you signed it? A. When? Do you mean which date? Q. Which date. A. No. I don't even remember that. I think it was maybe two years ago or so. I don't know that. We went back and leaned over the desk and signed it and left right away. Q. Do you even recall what time of day it might have I been? A. It was right before noon. I can remember that. Q. Do you know what happened to the document you signed after you signe d it? A. No, sir. Q. Did you ever see it again? A. well, here. I know the red ink. Q. Until today have you ever se en it before? A. I never saw it before. You know what I mean. I C.P.C.R.S. (717) 258-3657 or (800) 863-3657 8 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 signed it. Never saw it since then until now, and usually I signed everything in red ink. Q. That's your trademark? A. I've always did that. Q. You testified that you recognized Dorothy's signature on that document? A. It certainly looks like it. I haven't had the iopportunity to see the signature everyday. I do know that she was a notary in our office and it certainly looks like her signature there. Q. So, how often would you have seen her signature? A. Oh, not too often. Now, if she sold one of my properties, the contract would have her signature on it. I would notice it that way, but otherwise I don't know. Q. Okay. A. As a notary I know she stamped these things, you know, but I don't see any seal on here. Q. Did you ever see another document similar to the one you're holding, Respondent's Exhibit 1, which would have had Dorothy Augustine's original signature on it? A. Nope. All we saw -- all I remember is, like I said. I repeat myself. I went back, signed it, and got back out again. Q. So, would it be fair to say that your involvement with this document lasted for about a minute? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 9 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 A. Couple seconds, yes. Long as it took to sign it and then leave, you know. Q. May I please see the document which you're holding? A. Sure. MR. HALBRUNER: Nothing further. REDIRECT EXAMINATION BY MR. CAMERON: Q. Tony Penn, is his office near the real estate office? A. On Green Street which would be approximately four streets down from our office. Q. Is he often in the real estate office? A. Quite often. As an attorney, he saves money. He uses our Xerox machine. He uses our fax machine and so forth. And then when he trains paralegals he has them in one of our offices to coach them accordingly. Q. You were asked about the time that you signed it. The document is notarized the 27th day of August, 1992. Do you think that it's likely that you signed the document on or about August 27th of 1992? A. I know it was warm because usually we wear suits, and I can't remember wearing a suit at the time. Q. Would you agree that it's possible that it was approximately 1992? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 0 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 A. I think so. Couple years, I know that. Q. When you say -- your testimony before was several, two years ago, a couple years ago. Could that quite possibly have been 1992? A. It's possible it was 1992. i Q. Now, in your work in the real estate office, did you see Mrs. Augustine's signature often enough to enable you to recognize it? A. Again, if we have contracts that she's working with, or if she comes in with this as this witness here, I don't see it everyday, but I see it often enough that I would say that's Dottie's signature. Q. I understand you're not an expert witness. Would you agree that you're familiar enough with it that you would recognize it on this document? A. Looking at it, I would say that that's Dottie's, I and - - Q. That's fine. A. -- technically, I wouldn't know whether it was exact or not. MR. CAMERON: That's it. No further questions. RECROSS EXAMINATION BY MR. HALBRUNER: Q. Mr. Wise, one further question. Do you ever recall speaking with Robert Augustine about your signing the C.P.C.R.S. (717) 258-3657 or (800) 863-3657 1 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 (will which is being probated here? A. We were at Judge Bianca's office on landlord-tenant, and he was questioning me and I kept saying to him I was informed not to talk about this with anyone. And this happened in front of Dejesus, who is a constable from the courthouse down in Harrisburg. And I mentioned it to Dejesus that I'm being annoyed by him asking me questions. And Dejesus said both of you shut up. You're making a lot of noise up here at the judge's office. Q. Now, isn't it true that at that time you told Robert Augustine you had been asked to sign the will after Dorothy had already passed away? A. No, sir. All I remember, I signed that will when Dottie was alive. MR. HALBRUNER: Nothing further. FURTHER REDIRECT EXAMINATION BY MR. CAMERON: Q. Just one more question. Would you have signed a document like that after she had died? MR. HALBRUNER: I`m going to object. I mean, he's asking the witness whether he would have lied. MR. CAMERON: Well, you asked the same question. THE WITNESS: Real estate men don't lie. BY MR. CAMERON: Q. Would you have signed that document fraudulently? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 2 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 A. No, I would not. We're talking real estate business. If you take one deal you lose your license. For one deal it's not worth it to go overboard. And plus the fact I'm a honky from Steeltown and we don't lie. MR. CAMERON: Thank you. THE SOLICITOR: Objection noted. It will be admitted. MR. CAMERON: We're ready for our next witness. I think we would ask that this witness be excused. (Witness excused.) THOMAS E. LEHMAN, called as a witness, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CAMERON: Q. Please state your name and address. A. Thomas E. Lehman, 2215 Lambs Gap Road, Enola, Pennsylvania. Q. Are you presently employed? A. I am. Q. By whom? A. State of Pennsylvania. Q. And in what capacity? A. I work in the payroll office. Q. What was your relationship to Dorothy Augustine? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 3 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 A. A friend. Q. Were you a neighbor of hers? A. About two blocks away. I was a neighbor to Ernie Blake who -- Dorothy had houses and talked Ernie Blake into buying houses. Ernie had bought houses, and I went and ibought houses also. Q. Is it true that you were a friend and neighbor of both Mr. and Mrs. Augustine? A. Oh, absolutely. I was there every Sunday and played cards for about seven years. Q. Did you -- that's my next question. Did you spend time with them frequently? A. Yes. Q. Then did there come a time when you moved out of the neighborhood? A. I did. Bought a farm. Q. After you moved from the neighborhood, did you continue to visit her? A. I did, yes. Whenever she called and had questions to be answered or I had questions on my houses, I'd stop over to see her. Q, Was Mr. Augustine still alive at point? A. Oh, absolutely yes. Q, You would visit him as well? A. Yes. Correct. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 4 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 Q. Do you have any relatives who live near the Augustine's house? ~ A. Mother-in-law lives back and across the street. Q. When was the last time that you visited with Mrs. Augustine? A. On the Saturday before she passed away. I was over there just talking to her and she was starting to defrost her freezer. So, I took over and took everything out of the freezer and defrosted her freezer and put everything back, a couple hours. Q. Did she discuss with you ever who she wanted her estate to go to when she died? A. She was always showing me pictures of her granddaughter and that is who was going to get everything. Q. Did she ever tell you this between, say, September of 1992 and February 15th of 1995, which is the day she died? A. Well, I'm sure -- she always had pictures of her granddaughter or whatever and she would show me. Dates, no. Within three years she surely did. Q. So, would you think that she -- did she ever say this to you shortly before her death if you recall? A. No. I don't recall. But as I said there was never a question in my mind who she wanted everything to go to. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 5 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 Q. And that person was her granddaughter, Sharon Richter? A. That's Correct. Q. And do you have any reason to believe that she would have changed her mind? A. None whatsoever, no. Q. Did she ever discuss Robert Augustine when she spoke about the disposition of her estate? A. Not the disposition of her estate, but I know that she had given properties to Bob and he did not pay her on a regular basis. And she was finding financial difficulties. Q. Did that cause her financial difficulty? A. Absolutely. Q. Did you attend her funeral? A. I did, yes. Q. was Robert Augustine at the funeral? A. Not to my knowledge. Q. In fact, is it true that you were a pallbearer? A. I was, yes. MR. CAMERON: Thank you. I have no further ~ questions. CROSS EXAMINATION BY MR. HALBRUNER: Q. Mr. Lehman, did Dorothy ever tell you whether she had a will? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 6 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 A. No. No. I assume everybody does, but, no, I never. Q. Did you ever see her will? A. No. MR. HALBRUNER: Nothing further. MR. CAMERON: I would ask, again, that this (witness be excused. (witness excused.) THE SOLICITOR: Call your next witness. MR. CAMERON: Sharon Richter. SHARON RICHTER, called as a witness, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CAMERON: Q. Please state your name and address for the record. A. Sharon K. Richter, 701-A Barbecue Church Road, Sanford, North Carolina. Q. And are you presently employed outside of the I home? A. NO. Q. What was your relationship to Dorothy Augustine? A. Granddaughter. Q. So, your mother was Mrs. Augustine's only natural C.P.C.R.S. (717) 258-3657 or (800) 863-3657 7 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 child? A. Yes. Q. Are you Dorothy Augustine's only natural grandchild? A. Yes. Q. When did your mother die? A. March 4th, 1981. Q. And how old were you when that happened? A. 25. Q. Did your relationship with your grandmother change or evolve after the time that your mother died? A. Well, my grandmother was with me from the day I was born, and I mean she was part of my life always and every holiday, everything. And when my mom died she even took over. She started sending me more things. She'd always send stuff for my children every single holiday, Halloween, Valentine's. She loved these grandchildren. We even had portraits made with her and the grandchildren. She was very dedicated to us. She's really -- Q. Is it fair to say that she became like a mother to you after your mom died? A. Yes, sir. Q. Directing your attention to the document we're referring to as Respondent's Exhibit Number 1, do you recognize that document? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 8 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 A. Yes, sir. I do. Q. Do you recognize your grandmother's signature on that? A. Absolutely. Q. Did your grandmother ever give you a photocopy of this document? A. Sure did. Q. And approximately when was that? A. As soon as she made the will up. She had told me she was going to be sending me a copy of her will with a box Hof more stuff she always sent us from the real estate Ilcompany and -- we got boxes every couple weeks -- and she (sent me a copy of her will in it. And she had told me to put it in a safe place. And she sent me another copy a couple years later, like two years later. I've got two copies. Q. Was it the same document? A. Yeah. Same exact one. She just forgot. She didn't know if I had it or not. She kept saying I want to make sure you got my will. I'm sending you a copy. She always said things. Q. Did she ever mention Romayne McMahon when she talked about this? A. Yeah. She gave me -- she told me to get my address book out and she wanted me to write down this name. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 9 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 It was her best friend, and it was before Romayne got married. It was first Romayne Miller. And she always talked about her and she talked about her name was Romayne McMahon now. And she told me to put her name and number in my address book. If anything ever happened to me, call !her. She will take care of you. She will take care of I everything for me. Q. And so, had she told you that Mrs. McMahon was named as the executrix on the will? A. Yes, she did. Q. When was the first time you recall meeting Mrs. McMahon? A. Well, we went up -- when we came up to visit grandpa when he was sick in the hospital my husband and my child, my oldest son, went to help her on one of her antique shows. I don't think I met her that weekend because I had asked them what she looked like, you know, but I talked to her on the phone. So, the first time I met her was when I came down the day after granny died. When they called me and told me I got there as fast as I could, and that's when I met Romayne face to face. Q. Now, you signed a document as I recall that indicates that you had nominated Mrs. McMahon to be the personal representative of the estate if the will were not valid and if it was a question of whether you or Robert C.P.C.R.S. (717) 258-3657 or (800) 863-3657 0 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 Augustine was to be the personal representative. Is that true? Would you still nominate her to do that for you if it were determined that the will wasn't valid? A. Oh, yes. Q. And nevertheless, would you also want to, if that 'was not the decision of the Register of Wills, would you bather be the administrator of the estate than Robert Augustine? A. Yes, I would. MR. CAMERON: No further questions. CROSS EXAMINATION BY MR. HALBRUNER: Q. You have in front of you Respondent's Exhibit 1, the will which is being offered here today. Have you ever seen a document similar to it which has the original signature of Dorothy Augustine? A. No, sir. Q. Did your grandmother ever tell you where she kept the original? A. No, sir. She only told me that she gave Romayne everything. She told me that Romayne knew where everything was, this Mrs. McMahon knew where everything was. Q. How long have you lived in North Carolina? A. I've been there since December -- I just -- my husband had transferred. So, we were tying to sell our C.P.C.R.S. (717) 258-3657 or (800) 863-3657 1 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 house down south. Q. And where did you live before that? A. In South Carolina, Moncks Corner. Q. And how long did you live there? i A. Eight years in Moncks Corner and -- I've lived (there all my life. I only went away for six years to go in the Air Force. Q. Okay. So, you've never been a resident of Pennsylvania. Is that correct? A. No. Q. Do you have the intention of moving -- A. I have been a resident. when I was in the second grade I lived here all year. I forgot. And then I came and spent a summer here with her when I graduated from high school. Q. Do you have any intention of relocating to Pennsylvania any time in the near future? A. Well, my grandmother, as a matter of fact, right up to the day before she died she kept saying I wish you kids would come up here and live with me because we were going to come up one summer and paint her house for her. She said I wish you kids would come up with me because we could redo the basement for the boys and we could be -- you all could live in here with me. Because we knew -- I had asked Bob during C.P.C.R.S. (717) 258-3657 or (800) 863-3657 2 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 grandpa's funeral. I had asked him promise me you'll take care of granny for me. And he promised me he would take care of granny, he wouldn't let anything happen to her. And it didn't happen. He didn't take care of her. And so, I 'was considering -- we were considering moving up there to I live with her. Q. Okay. But you're not anymore. A. No. MR. HALBRUNER: Nothing further. MR. CAMERON: We're ready for our next witness which is Teddy Hiott. TEDDY HIOTT, called as a witness, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CAMERON: Q. Please state your name and address for the record. A. Teddy Hiott. Q. And would you please spell your last name? A. H-i-o-t-t. Q. Are you presently employed? A. No. I'm retired. Q. And what did you do before you retired? A. Worked for the Navy, civil servant. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 3 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 Q. How did you know Dorothy Augustine? A. Well, through her daughter. I was married to her daughter for 30-something years. Q. An was the daughter to whom you were married the mother of Sharon Richter? A. Yes. Q. So, Sharon's your daughter too? A. Right. Q. Did Mrs. Augustine ever talk to you about who she wanted her money to go to when she died? A. Well, she claimed that she wanted to make sure (that her last blood relative was taken care of, and that she would like for them to have as much as she was able to give them. Q. And by that you're referring to your daughter and grandchildren? A. Right. Q. when was the last time you recall speaking to her about that before she died? A. I'd say probably about a week, week and a half, two weeks. Just prior to her death because she called. Seemed like it was about a week, week and a half. We discussed it then. She said that, you know, she wasn't feeling all that great, and in case something happened to her she would like to make sure that her children, her C.P.C.R.S. (717) 258-3657 or (800) 863-3657 4 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 great-Brands and her grand, her last blood relatives -- Q. And, again, Sharon and Sharon's children? A. Right. MR. CAMERON: Thank you. I have no further questions. CROSS EXAMINATION BY MR. HALBRUNER: Q. Mr. Hiott, I may have missed it, but could you (please state where you live? A. I live in Charleston, South Carolina. Q. And have you lived there continuously for, say, the past five years? A. Oh, yes. Q. Did Dorothy Augustine ever tell you that she had a will? A. Yes. She told me she had a will, but she didn't say, go into any details about it. Q. Did you ever see her will? A. No. I never seen her will. Q. So, I don't know if you've seen Respondent's Exhibit 1 here today, but have you ever seen it prior to today? A. Is this the one that -- the last one that she had made up? Q. Sir, I'll have to ask you to -- if you don't, you C.P.C.R.S. (717) 258-3657 or (800) 863-3657 5 1 don't . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know. MR. CAMERON: If he doesn't know, he doesn't THE WITNESS: I`m not really familiar with it. Like I said before, she only -- she told me she had a will made up, but she did not go into detail with me, show it to me. MR. HALBRUNER: Thanks. Nothing further. MR. CAMERON: I have no further questions for this witness. (witness excused.) MR. CAMERON: And I have one final witness. I would call Bob Augustine as on cross examination. ROBERT AUGUSTINE, called as a witness, having been duly sworn, testified as follows: DIRECT EXAMINATION (As on Cross) BY MR. CAMERON: Q. State your name and address, please. A. Robert G. Augustine. Q. And you didn't go to Mrs. Augustine's funeral. Did you? A. Do you want my address now? Q. Sir? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 6 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 A. You just asked for my address. ~, Q. No. What I asked you was you didn't go to her funeral. Did you? A. No. Q. But you went to her residence shortly after her death. Didn't you? A. Yes. Q. And while you were there you searched through the important papers she kept in her desk drawer. Didn't you? A. I searched the desk, yes. Q. And, in fact, you removed papers too. Didn't you? A. Yes. Q. Now, are you're aware that absconding with a will would be a criminal offense? A. Yes. Q. And so, you wouldn't admit to the commission of a crime under oath here today. would you? MR. HALBRUNER: Objection. It's argumentative. THE SOLICITOR: I'll sustain that one. BY MR. CAMERON: Q. Isn't it true that you sued Mrs. Augustine on several occasions during her lifetime? A. Once. Q. And isn't it also true that a judge of the Cumberland County Court issued a restraining order against C.P.C.R.S. (717) 258-3657 or (800) 863-3657 7 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 you? A. No. Q. That's not true? A. No. Q. So, if that were reflected that there were such an order in the records of this court, which would be correct, the records of the court or what you're saying today? A. If there was a record of it? Q. Correct. A. I assume it would be correct, yes. Q. Now, you said it`s not true. A. You said a judge in Cumberland County issued a restraining order against me? Q. Correct. A. No. Not that I'm aware of. Q. You had gone through her desk another time. Hadn't you? A. In 50 years? Q. No. Actually, didn't you testify that you had gone through her desk previously before Judge Sheeley? That was related to the restraining order issued against you by this court. A. No, sir. Q. It is true, isn't it, that Mrs. Augustine sold you a series of rental properties in the city of Harrisburg. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 58 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 Isn't it? A. Both her and my father sold it to me, yes. Q. And isn't it also true that they took back a mortgage from you? A. Yes. Q. And you haven't made all the mortgage payments on time. Have you? I A. No. Q. You haven't paid all the taxes when they're due. Have you? A. No. Q. In fact, you're still indebted on this mortgage. Aren't you? A. Yes. Q. What do you believe to be the outstanding balance due on the mortgage? A. Right now I have no idea. Q. Is it more than $100,000, less than $100,000? A. I would say it's less than $100,000. Q. Is it more than $50,000? A. Well, yes. Q. More than $75,000? A. I couldn't tell without doing some research, no. Q. Are you including interest in this? A. Yes. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 9 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 Q. So, now you'd agree that this mortgage from you to Mrs. Augustine is an asset of her estate. Isn't it? In fact, it's the principal asset of her estate, not counting the real estate which is the subject of the other litigation. MR. HALBRUNER: I'm going to object. That asks for a legal conclusion. He said that he's admitted that the asset would belong to the estate. THE SOLICITOR: Sustained. BY MR. CAMERON: Q. Well, will you agree that by virtue of the fact that you haven't always paid either the payments or the taxes on time that you're in default on that mortgage? A. I couldn't pay the taxes on time. They were substantially in arrears when I took the properties over. Q. Well, you haven't made all the tax payments on time since then. Have you? A. As on time as they were when I took the properties ~ over . Q. What your testimony is, is that you were not paying the taxes on time. Is that correct? A. I am paying taxes every year, but I'm running two years behind. Q. So, you're asking the Register of Wills to give you the legal authority to act on behalf of the estate which C.P.C.R.S. (717) 258-3657 or (800) 863-3657 0 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 has a mortgage from you as a significant asset of it. Is that correct? A. I don't know. Am I? Q. Are you asking to be appointed as the ladministrator of this estate? A. I believe so. Q. And -- A. I've just been trying to get the whole thing settled. Q. Isn't the mortgage an asset of her estate? A. Yes, but nobody else was doing anything. Q. Don't you perceive there to be a conflict between you being in charge of the estate and resolving the amount that you owe on that mortgage? A. No. By law I have to give a truthful accounting of the disbursal of funds. Q. And you don't perceive that there is any possibility for a conflict of interest there? A. No. Q. But you don't believe in paying property taxes on time. Do you? A. Yes. Q. You do believe in paying property taxes on time? A. Yes. Q. Isn't it true that you were featured in an article C.P.C.R.S. (717) 258-3657 or (800) 863-3657 1 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 in the Sunday Patriot News about property owners who fail to pay delinquent real estate taxes? A. I've been unable to pay them on time. Q. Isn't it true that you stated to the reporter, quote, basically it's cheap money. The late charges and 'penalties are less than you pay in interest on loans, end quote? A. Yes. Q. Isn't it also true that according to the newspaper article you had the tenth highest debt on a roster of more than 2,000 tax delinquents published by the Dauphin County Tax Claim Bureau? A. Yes. Q. And isn't it also true that an editorial in the Patriot News cited you as an example of property owners who worked the system to their advantage? A. I didn't read that article, no. Q. Are you aware that when one takes an oath at the time they're appointed as a personal representative -- are you aware that one takes an oath at the time one's appointed as a personal representative? A. Yes. Q. And are you aware that a part of the oath is a promise to pay all taxes when they're due? A. Yes. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 2 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 Q. Would you agree that your public statements about not paying property taxes when they're due conflict with at least one of the fiduciary duties you'd be undertaking by serving as personal administrator of this estate? A. Yes. Q. You refused to sign a contract to guarantee payment of Mrs. Augustine's funeral. Didn't you? A. I did what? Q. Didn`t you refuse to sign the contract for her burial? A. Yes. Q. And you also refused to sign a contract for her grave opening? A. No. Q. Now, you didn't attend her funeral. You weren't willing to assume liability for the funeral bills. Yet you were there at her house shortly after her death, before her executrix with the key had gotten there, going through her papers. Is that correct? A. No. Q. which part of that is not correct? A. Well, most of it. Q. I see. Well, you didn't attend her funeral. Did ~ You? A. I tried to. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 3 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 Q. You didn't attend her funeral. Did you? A. We set up a special private viewing for myself and my son and his wife. Q. But let me ask the question again and ask them to 'instruct you to answer it. You did not attend the funeral. I Did you? A. NO. Q. And you were not willing to assume any liability for the payment of the funeral bill. Were you? A. Yes, I was. Q. Well, you weren't willing to sign a contract. Were you? A. No. I went out and attempted to borrow the money and pay for the grave opening. Q. I'm not asking about the grave opening. I'm asking about the funeral expenses. A. That's part of the funeral expenses. Q. Let me ask you about the undertaker's services. You weren't willing to sign that contract. Were you? A. I was not. Q. Isn't it true, then, that you were able to go to her house on the day of her death and search her desk? A. Yes. Q. And you did that before her executrix, who had the key, got there. Didn't you? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 4 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 A. Yes. Q. And you removed important papers. Didn't you? A. Yes. ~! MR. CAMERON: I have no further questions, and I move for the admission of Respondent's Exhibit Number 1 and also ask that it be admitted to probate as the last will and testament of Dorothy Augustine. THE SOLICITOR: Do you have any additional evidence that you'd like to have admitted? MR. CAMERON: No, I don't think so. We don't have any other exhibits, just that document. (Discussion held off the record.) THE SOLICITOR: We'll proceed with the petitioner's evidence. MR. HALBRUNER: I'll call Robert Augustine, who is still under oath. DIRECT EXAMINATION BY MR. HALBRUNER: Q. Mr. Augustine, what was your relationship to Dorothy Augustine? A. I was her son. Q. I would offer as Petitioner's Exhibit 1 a certified copy of the adoption record from Number 55, year of 1966, Cumberland County Orphan's Court. MR. CAMERON: I have no objection. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 5 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 THE SOLICITOR: That will be admitted. BY MR. HALBRUNER: Q. Mr. Augustine, how would you describe your (relationship with Dorothy Augustine? A. Over the years it was up and down. Q. Would that be true of the time between August 22, 1992 and the time of her death? A. Yes, it would. Q. Could you describe how much contact you would have with her in a given week? A. Frequently. Q. Could you be more specific? A. She would daily call my pager almost on a daily basis to do errands for her, collect on rents for her, and make repairs to properties she was trying to sell. Q. And what was your occupation? A. Contractor. Q. And you're saying that in addition to your occupation as a contractor you would perform duties at the request of Dorothy Augustine? A. Yes. Q. Did you ever have access, or did she ever give you access to her financial papers? A. All the time. Q. You've heard testimony from the respondent that C.P.C.R.S. (717) 258-3657 or (800) 863-3657 6 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 you had rifled through Dorothy Augustine's desk and taken important papers. And, in fact, you've admitted taking important papers. What papers did you remove from Dorothy Augustine's desk? A. I removed my birth certificate and adoption (papers, my foster mother's divorce papers -- and primarily the reason for looking in the desk was the phone book so I could notify the relatives. That was my intent to go and look for the phone directory which she kept in the desk. Q. Had you ever been in her desk before? A. Yes. I lived there my whole life. Yes, I was through the desk before. Q. Have you ever seen -- and I am handing you Respondent's Exhibit 1 -- have you ever seen a document similar to this bearing the original signature of Dorothy Augustine? A. No, sir. I a~an't. Q. Did she ever discuss that document with you? A. No. No. Q. Now, on the day of Dorothy Augustine's death how did you gain access to her residence? A. I just walked in the door. Q. Had you ever done so before? A. Every week, yes. That was the typical entry, just (come on in. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 7 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 Q. And did -- you've heard testimony that there were other people in the house, a Carl Stoner and a Peggy or a Margaret Hines? A. They got there the same time I did. She came back ,from the Senior Citizen's Center. That was my primary reason to be there, to notify her. Shortly after that Kathy Branoff stopped by and then Carl Stoner stopped by. Q. Did any of those people ask you to leave? A. NO. Q. You've heard testimony from Romayne McMahon about a telephone call that you, I'll say received from her, you being at Dorothy Augustine's residence. Could you please describe that telephone conversation? A. I recollect that I had called her. She didn't call me. And I informed her that Dorothy was taken to the hospital and had died. And she said that there were some papers that she needed out of the desk. Would I pull them out and set them aside for her so that she would have them. Q. And did you take any documents which belonged to Dorothy Augustine at that time? A. No, sir. Q. You've also, as part of respondent's case, you were asked to testify about some property which you bought from Dorothy and Sylvester Augustine, those properties being in Harrisburg. Is that correct? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 8 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 A. Yes. Q. At the time you received those properties what state were the taxes on those properties in? A. They were back two years in damages. There was never any utility bills paid on it since the time my dad went to the hospital. Q. And what state are the taxes in for those properties now? A. Pretty much the same, little bit more current. Q. Is it your testimony, then, that each year since receiving the properties you have paid the taxes? A. Yes, sir. Q. For that year? A. The previous year. They run a year behind. Q. In other words, you were trying to pay the taxes which would have resulted in a sheriff's sale in a given ~ year? A. As a matter of fact I had mortgaged one of my own properties to pay the back year taxes to keep it from being sold. Q. You also were questioned about a statement you made to, I believe, the Patriot News about not believing in paying taxes. A. I didn't say that. Q. If you had sufficient assets to pay all of the C.P.C.R.S. (717) 258-3657 or (800) 863-3657 9 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 taxes which are due now, would you do so? A. Yes. Q. And on an ongoing basis if you had sufficient assets, would you continue to pay taxes as they became due? A. Yes. MR. HALBRUNER: Okay. I have nothing further. CROSS EXAMINATION BY MR. CAMERON: Q. Just briefly, the door that you went in was the garage door. wasn't it? A. No. The sliding door. Q. Didn't you testify before Judge Sheeley that you went in the garage door? A. I had a garage door opener which I often used if the house was locked. That particular day the sliding door was open. Q. And where's the sliding door? A. Right beside the garage door into the TV room. Q. So, it's not the front door. You didn't use the front door. Did you? A. Nobody uses the front door. The driveway was right on the side where the sliding door was. Peggy couldn't use a key. So, they always left the door open so she could get in and out. MR. CAMERON: Nothing further. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 n 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 MR. HALBRUNER: I would move that the one exhibit be admitted, and that's all we have. THE SOLICITOR: Does either party wish to make a closing statement? MR. CAMERON: Can I just briefly ask one question of Mrs. McMahon on redirect or rebuttal anyway? DIRECT EXAMINATION (Rebuttal) BY MR. CAMERON: Q. Is it true that you asked Robert Augustine to -- and you're still under oath. Is it true that you asked Robert Augustine to pull documents out of this desk drawer for you? A. I would never have asked him to set important papers like that aside. I told him to stop what he was doing and leave the house. MR. CAMERON: I have no further questions. MR. HALBRUNER: No cross. (Discussion held off the record.) THE SOLICITOR: Does either party have anything further to present? MR. CAMERON: No. MR. HALBRUNER: No. THE SOLICITOR: The parties are encouraged to submit findings of fact and conclusions of law and to brief C.P.C.R.S. (717) 258-3657 or (800) 863-3657 1 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 any of the issues that they wish. The record is now closed. And actually, before we close the record, the parties are requested to have any of the proposed findings of fact and conclusions of law in briefs submitted three weeks from today. The record is now closed. (Respondent's Exhibit No. 1 and Petitioner's Exhibit No. 1 were marked.) (Whereupon, the hearing was concluded at 11:29.) C.P.C.R.S. (717) 258-3657 or (800) 863-3657 ~ 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 I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within proceedings, and that this copy is a correct transcript of the same. ~ ~-~.-, L..~ ,,,.~ ..~ NOTARIAL SEAL Stacey Daywal STACEY L.DAYWALT,NotaryPublic Court Reporter-NOtary Public Chambersburg, Franklin County My Commission Expires Sept. 27, 1999 The foregoing certification does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter. C.P.C.R.S. (717) 258-3657 or (800) 863-3657