HomeMy WebLinkAbout94-06203
"
~ ,
I
I
"
,"
i',.,
"
J I,
,
"
I, "
, "
~ ,,1 ,I
, ,
"
~
~
. "
t ' ,
j
" ,
,I
~.
~
J,
"
,',I
SHIPPENSBURG SENIOR CITIZENS
CENTER, a/k/a Shippenaburq
Senior Center by
Ray Howery and Edqar Enqle,
a. Tru.tee. Ad Litem,
Plaintitts
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 94-6203 EQUITY TERM
IN EQUITY
v..
NINA L. HILLER, BETTY
RINEHART, ROBERT FINREY and
SHIPPENSBURG SENIORS NO. 1
a/k/a Shippensburq Senior
Citizen., by Nina L. Miller, :
Pre.ident, as Trustee Ad Litem:
PRAECIPE
Dear Sir:
I hereby withdraw as Trusteee Ad Litem tor the Plaintift,
Shippensburq Senior citizens Center.
To:
Lawrence E. Welker,
11._.. .1 J._, 11}::I
tl/3rcl. 2. 2. I q fh
Prothonotary
~~y
I
,
f'l
~.t, , .
t~ '1:~1J."';'~
It~ \J; II
~."; 1':1;; ,
, ''1,,0(-,
,'1 \i,l',:'"
d,f~-r>
,t:.lJ'l,... ....i
I,' jl,~ '., ~')
,/1;1,,(,'. ..'.
";, .I~j
ill, 'I)
'-,tr't;I:~ '"
)'_\'~\
1'1 r"
"
"
~',
1\'
;;'
~r'. "I
; ,y,~1
I\.."
~::_l ~,:
1"'-
"
j;:
; ~.l ,',';
'I ~.~!
I'it
,
~""I
.If
"
it
:~ I,~I
;,
~1
t,
'.1.
".'
,f'
',I
- ~,
"
\'.,
I,
,\,
.,
"
" '
, ~ .
''',',
I,""
.'
"
fiIED.OFl:1(",E
r" 1" ~ I' ", p.li. '!I'1T'.nv
,',_'1. ',- II,
(.. "w "6'
~ J I'!, ,/,
Mi III 1.6
L'
" ) , , ,0' "\""
i..I.,'\. ,- ...,'.. jf'
1,;1';1' ':"'~I'l\I'I.!f.\
i ~ I 0'...... ._1 II ,;j
:;
,'il- "T'- .
'-.....,_~_,''II__~.i...,..,rr
':<4!' ""'1
,I"\",oi,.,,
_.Il:~_
, .f
i
";f .
..
.
.,
of
,'. ..qj.~.H -,:!i
J, 'I"~
I~ ~r-~lfj
! 'i"
p,
,a..;
1 '.
f
, "
"
.
,
,
1'.'
;.....":........._.,....-'~'r
\'
,'-.'\
:)
.'
"
I
I"
"
,',
','
"
"
'-,r,',
SHIPPENSBURG SENIOR CITIZENS
CENTER, a/k/a Shippensburg
Senior Center by
Ray Mowery and Edgar Engle,
as Trustees Ad Litem,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
~:i1
NO. 94- ~.JI,) J TERM
IN EQUITY
vs.
NINA L. MILLER, BETTY
RINEHART, ROBERT FINKEY and
SHIPPENSBURG SENIORS NO. 1
a/k/a Shippensburg Senior
Citizens, by Nina L. Miller, :
President, as Trustee Ad Litem:
COMPLAINT
AND NOW, comes the Plaintiff, Shippensburg Senior Citizens
Center, a/k/a Shippensburg Senior Center, by its trustees ad
litem, Ray Mowery and Edgar Engle, and by its attorneys, Fowler,
Addams, Shughart , Rundle, and makes the following complaint:
1. The Plaintiff is the Shippensburg senior Citizens
Center, also known as Shippensburg Senior Center. The office or
place of business of the Plaintiff is the Community Center
Building, North Fayette Street, Shippensburg, Cumberland County,
Pennsylvania,
2. Ray Mowery, an adult individual residing at
2312 Orrstown Road, Shippensburg, PA and Edgar Engle, an adult
individual, residing at 7500 Molly Pitcher Highway, Shippensburg,
PA, are members of the Plaintiff and bring this action as
Trustees ad litem on behalf of the Shippensburg Senior Citizens
Center, a/k/a Shippensburg Senior Center.
3. Shippensburg Senior citizens Center (hereinafter "SSCC")
is an unincorporated association formed in 1974 under the
auspice. or the Shippensburg Area Recreation and Parks Department
(hereinafter "Parks Department"), and is also known as
Shippensburg Senior Center.
4. The Defendant Nina L. Miller, is an adult individual who
resides at 448 Earl street, Shippensburg, Cumberland county,
pennsylvania and who is the President of an unincorporated
association known as Shippensburg Seniors No. 1 which is also
known as Shippensburg senior Citizens.
5. Defendant Betty Rinehart, is an adult individual
residing at 10049 Mccleary Road, Shippensburg, Franklin County,
Pennsylvania. In October 1993, Defendant was the Treasurer of
plaintiff.
6. Defendant Robert Finkey, is an adult individual residing
at 311 South Pitt street, Carlisle, Cumberland County,
pennsylvania. On or about early November 1993, Defendant
succeeded Betty Rinehart as Treasurer of the Plaintiff and as
Treasurer of Defendant organization.
7. The Defendant Shippensburg Seniors No.1, a/k/a
Shippensburg Senior citizens is an unincorporated association
located in the Borough of Shippensburg, Cumberland County,
Pennsylvania. Nina L. Miller, President of Defendant organization
is hereby designated as its Trustee ad litem for purpose. of this
action.
-2-
8. The SSCC was affiliated with the Parks Department to
make use of the community Center Building on North Fayette street
in Shippensburg, pennsylvania.
9. The SSCC adopted By-laws in 1991, a copy of which By-
laws are attached hereto as Exhibit "A" and made a part hereot.
The by-laws inadvertently incorrectly identified the name of the
Plaintiff organization. The Plaintiff organization was intended
to be known as Shippensburg Senior citizens Center.
10. In October of 1993, the Parks Department terminated the
SSCC Director.
11. In October of 1993, after the SSCC Director was
terminated, certain of the SSCC's members including then
President, Nina L. Miller, and the Treasurer Betty Rinehart,
Defendants herein, disaffiliated from the SSCC, taking with them
various articles of SSCC tangible personal property and SSCC cash
assets totalling in excess of $10,000. This action was not
approved by the membership of Plaintiff. Certain members of
Plaintiff inCluding its trustees ad litem in this litigation
objected to the conversion of assets from Plaintiff. Thereafter,
Defendant Rinehart delivered the cash assets to Defendant Finkey
as successor Treasurer of both organizations. Plaintiff is
advised and therefore avers Defendant Finkey placed the money in
his own Dank account.
-3-
"I 12. The SSCC's operation and existenc41 has been ongoing and
continuous since October of 1993 when part of the SSCC membership
disaffiliated.
13. Said Defendants and said former SSCC members who
disaffiliated in October of 1993 have formed a new organization
calling themselves "Shippensburg Seniors No.1," or alternatively,
"Shippensburg senior citizens."
14. Plaintiff believes and therefore avers that said
Defendants organization has been operating and continues to
operate using cash assets and tangible personal property
belonging to SSCC.
15. Said Defendants have held and continue to hold said SSCC
cash assets and tangible personal property in constructive trust
for the benefit of the 5SCC and its current membership.
16. The SSCC adopted new By-laws in 1994, which new By-laws
properly designated the organization as the "Shippensburg Senior
Citizens Center." A copy of said 1994 By-laws are attached
hereto as "Exhibit B" and are made a part hereof.
17, On April 13, 1994, the Parks Department, through its
attorney, requested said Defendant organization to cease using
the name of the Shippensburg Senior Citizens, and requested an
accounting for all funds converted for SSCC upon the
dbatfi liation.
18. Said Defendant organization has failed to provide such
an accounting and has failed to return said items of personal
-4-
prop.rty and ca.h aa..t. wrongtully in the po.....ion of the
D.f.ndants.
COUNT I - ACTION FOR AN ACCOUNTING
19. The averments of Paragraphs 1 through 18, inclu.iv.,
are incorporated herein by reference.
20. On or about October 1993, Nina L. Miller was the
President and Betty Rinehart was Treasurer of the Plaintiff
organization. They absconded from SSCC with the cash as.ets and
tangible personal property belonging to Plaintiff and formed a
separate organization with assets of the Plaintiff to which
Defendant organization Miller was elected President. Shortly
thereafter Defendant Finkey replaced Rinehart as Treasurer.
21. As previously averred, Defendant Nina L. Miller,
remains the President of the Defendant organization.
22. Nina L. Miller, Betty Rinehart and Robert Finkey took
the assets of the Plaintiff on their own initiative and in the
absence of any authorization or approval from the Plaintiff.
23. The law of the Commonwealth of Pennsylvania expre..ly
provides that even a majority of the members of an unincorporated
association may not withdraw and farm a new organization if any
member of the original organization dissents. See, SKF EmDlovee.
Association vs. Root, et al., 57 O'C 12 (1946) and Appellate
Court cases cited therein.
-5-
24. Plaintiff Trustee Ad Litems, Mowery and Engle, were
members of Plaintiff organization at the time Defendants Miller,
Rinehart and Finkey took its assets and converted them to their
own use. Together with other members of Plaintiff organization,
the Trustees ad litem for SSCC have continued to object to the
conversion of the assets of the Plaintiff to Miller, Rinehart,
and Finkey Defendant organization.
25. The Plaintiff requests an accounting by the Defendants
of all tangible personal property and cash assets of the
Plaintiff which were converted to the use of Defendants Miller,
Rinehart, and Finkey and the Defendant organization.
WHEREFORE, Plaintiff prays Your Honorable Court to:
a. Order and direct that Defendants Miller, Rinehart,
Finkey and Shippensburg Seniors No. 1 account to Plaintiff for
all tangible personal property and cash assets taken from SSCC on
or about October, 1993 and thereafter.
b. Enter judgment against Defendants, jointly and
severally, in a sum equal to the value of all tangible personal
property (or alternatively direct the return of all tangible
personal property to Plaintiff) and cash assets rightfully
belonging to SSCC, together with interest from the date of
conversion and costs of suit.
c. Grant such other relief as is just and proper.
-6-
BREACH OF FIDUCIARY DUTIES
COUNT II
26. The averments of Paragraphs 1 through 25 are
incorporated herein by reference thereto.
27. Defendants Nina L. Miller and Betty Rinehart were
officers of Plaintiff organization at the time the asset. ot the
Plaintiff were taken and converted to the use of the Defendant.
and the Defendant organization. They are the persons directly
responsible for the conversion because they and/or members of
SSCC acting under their direction removed and have refused to
return the tangible personal property and cash assets ot the
Plaintiff. Defendant Robert Finkey assumed control of the cash
assets shortly after as Treasurer of both Plaintiff and Defendant
organization.
28. As such officers of Plaintiff organization, Defendant.
Miller, Rinehart and Finkey owed a fiduciary duty to Plaintiff
organization and its members.
29. By taking the assets of the Plaintiff and converting
such assets to their own use and that of Defendant organization
and refusing to return them, Defendants Miller, Rinehart and
Finkey breached their fiduciary duties to the Plaintiff..
30. Defendants Miller, Rinehart and Finkey are obligated to
Plaintiff in a sum equal to the value of all assets of the
Plaintiff taken on or about October 1993 and thereafter converted
-7-
to the use and benefit of Defendants Miller, Rinehart and Flnkey
and/or Defendant Shippensburg Seniors No.1.
WHEREFORE, Plaintiff prays Your Honorable Court to:
a. Enter judgment in favor of the Plaintiff,
Shippensburg senior Citizens Center and against the Defendants,
Nina L. Miller, Betty Rinehart, and Robert Finkey, jointly and
severally in a sum equal to the value of the assets taken
together with interest from the date of conversion and cost of
suit.
b. Grant such other relief as is just and proper.
CONSTRUCTIVE TRUST
COUNT III
31. The averments of Paragraphs 1 through 30 are
incorporated herein by reference thereto.
32. Since the date of the conversion of the assets of the
Plaintiff organization to the use and benefit of the Defendants
Miller, Rinehart, and Finkey and the Defendant organization, the
tangible personal property and cash assets of Plaintiff have been
held in constructive trust for benefit of Plaintiff.
33. Defendants are ob1ig~ted to the Plaintiff in an amount
equal to the value of the cash assets and the value of the
tangible personal property taken (or alternatively are obligated
to return such tangible personal property).
-8-
WHEREFORE, Plaintiff prays Your Honorable Court to:
a. Order and decree that Defendants Hiller, Rinehart,
Finkey and Shippensburg Seniors No. 1 have held and continue to
hold the tangible personal property and cash assets of the
Plaintiff in constructive trust since conversion of the items to
their use and benefit.
b. Enjoin and constrain Defendants from transferring,
encumbering, disposing of and interfering with Plaintiff's
interest in its tangible personal property and cash assets.
c. Order and direct that Defendants deliver all
tangible personal property and cash assets as determined by
proper accounting, together with interest from the date of
conversion and costs of suit to the Plaintiff.
d. Enter judgment against the Defendants, jointly and
severally, in a sum equal to the value of all tangible personal
property and cash assets rightfully belonging to SSCC and
converted to the use and benefit of Defendants, together with
interest from the date of conversion and costs of suit.
e. Grant such other relief as is just and proper.
FOWLER, ADDAMS, SHUGHART' RUNDLE
By: '~~.{2!::1j;~~
28 South Pitt Street
P. O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorney. for Plaintiffs
-9-
VERIFICATION
Ray Mowery and Edgar Engle, Trustees Ad Litem, of
Shippensburg Senior citizens Center, a/k/a Shippensburg Senior
Center, hereby verify that the facts set forth in the foregoing
Complaint are true and correct to the best of their knowledge,
information and belief, and understands that false statem.nt.
herein are made sUbject to the penalties of 18 Pa. C.S. 54904
relating to unsworn falsifications.
~ $l ~
v a;~ry /t
~ g--'
. . ~/ ~
'~r'~
./
ad d4(
, 1994
DATE I
, ,
SHIPPENSBURG SENIOR CENtER
BYLAWS
,
1"1lt/~
O/f) "By '-1')""'8
'. --
,
Article I
fh. or.anization ahall b. known as the Shippensburs Senior Center.
ArUcle I I
fh. purpo.e of tbi. ora.nization ahall be
,..d. and inter..t. of .enior citizens,
, .ti.u1.tina and rel.xina .tmo.pb.r. in
'ith otb.r. of th.ir .ae aroup. and take
activitie.. tb.. prosram will attempt to
Iwar.n..a of tbe aenior proar.m,
to focua on tbe recreational
the proaram will attempt to Provid.
which .enior citizen. may a.aoci.te
part in individual and aroup
stiDulate a deeper community
Article IU
Keetinlr"
He.tina. will be held on the second Konday of each montb.
2. S.p.e1al ",etine. .ay be called by the Pre.ident or the Center Coordinator.
3(. quor\lm of 60% of the board member.bip shall be required for bu.ine.. to
t,tranaacted,
-----..------.--------..----.--------------
Article IV
11. fb. board shall consist of nine members, Members are to lle .lect.d for a
Itbr..-y.ar t.r.. the term of no more than tbree board members is to expire
ucb .lection. Election. will be beld in Kay. The aen.ral memberabip will
I vote at a ti.e when most of the members will be present,
,
!
,
Board
I
'2. Tb. o.ficers of the orsanization aball be as follows: Pre.id.nt. Vice-
I'r.aident. S.cretary. .nd fr.a.urer. Officer. .hallbe elected for a ter. of
Ion. y.ar. If, for any reaaon, an officer is unable to fulfill the d\lti.s of
bia offic.. . new officer .hall be appointed by the executive com.ittee
I(offic.ra). If a" o~ficer aisae. two (2) con.ecutiye aeetine., witho\lt
la"rova1. be/ab. aball be replaced.
. Dutie. of Offic.u.a..
,
13. Tbe d\lti.a of the Pre.ident .ba11 be to pr..ide at all of tbe c.nt.r
a..tin,a. H. .ball introduc. .peaker. and other activiti.. and b. in chara'
of tb. .onthl, buai"ea. ..etina. whicb will b. beld on tb. .econd Honday of
..cb .ontb. H. aball alao ov.ra.e all coaaitt..., and wb.n n.c....ry. appoint
co..itt.. ...b.ra. a. aball .lao bave tbe autbority to .ppoint a,ecial
Ic...Ut....
14. TIl. duUu of the
oY.r tile functiona of
Officers
Vic.-Pr.aid.nt ahall
tb. Pr.aident in tbe
Exhibit "A"
be to pr.aide at ...tinS. .nd tall.
event of the abaence of tb.
He/ahe ahall aa.iat the President if the Preaident .0 desires.
-
J. -'rhO dutiea of the Secretary ahall be to keep a record of the proceedinsa
of a~l '~enter .eetinla. It will alao be the Secretary'a reaponsibi1ity to
take care of any correapondence with outaide asencies and concerna. The
.tnutea of the .onthly .eetins ahall be posted on the bulletin board for 1
week followins the meetins.
6. The dutiea of the Treasurer ahal1 be to keep a record of sll financial
activitiea for the center and to report each aonth at the board .eetins. The
treaaurer'a report of the monthly .eetins ahall be poated on the bulletin
board for 1 week fol10winS the meetins.
Article V
Duties of Co..ittees
1. All Com.itteea ahall bave tbree to five me.bera. Tbe me.bera aball be
a,pointed by tbe Preaident. Tbe aembera of the co..itteea aball appoint one
,eraon to be cbair.an, Tbe cbairman of eacb committee aba11 report to tbe
reat of tbe board durins tbe buaineaa meetinsa, The coa.ittee memberahip ia
open to tbe senera1 .emberabip of the center.
2. Tbe Prolr.m Co..ittee will meet on tbe firat Konday of each month to
develop tbe next .ontb'a activitiea and prosra.a.
3. Tbe dutiea of tbe Travel Com.ittee aball be to sussest ideas for trips,
and to report tbeae ideas to the board.
4. Tbe dutiea of tbe Nominatins Committee aball be to obtain candidates for
tbe varioua officea of tbe center, Tbis co.mittee aba11 explain the procedure
of tbe electiona to otber center meabers and sball auperviae tbe elections,
,. Tbe Waya and Keana Co.mittee will conaiat of at leaat three to five
peraona. The co...ittee will plan and acbedule all fund raiains activities
for tbe Center and aee tbat they are .anned aa necessary by callins for
additional help when needed,
Article VI
Tbere will be a one dollar .e.bership fee due January firat. After Karch
tbirty-first, the fee will increaae to two dollars.
A.end.ent to Article VI--April 9, 1990 effective January, 1991.
Tbere will be a three dollar .e.berahip fee due January firat. After Marcb
tbirty-firat. tbe fee will increaae to aix dollars. Half the money for dues
ta to 10 into the Seniora Account and the otber half ia to be donated to tbe
Sbippenabur, Area Recreation and Park Department.
Article VII
to ,et tbe benefit of the apecial ratea <exa.ple: tripa) fro. the pro,ra., you
.uat be conaidere' active and contributins. To be conaidered active and
contributin,. you .uat participate in at leaat one fund-raiaer per year and
.ake donationa to tbe pro,ra.. (Reviaed. June 1991 effective i..ediately.)
IIA_III
.
l~~t
Ifry
IBIPPZRSBURG SZNIOR CITIIZN CINTIR
IlLANS
Article I
The organization shall be known as the Shippensburg Senior Citizen
Center.
Article II
The purpose of this organization shall be to focus on the
recreational, educational and nutritional needs and interests of
senior citizens. The program will attempt to provide a stimulating
and relaxing atmosphere in which senior citizens may associate with
others of their age group, and take part in individual and group
activities. The program will attempt to stimulate a deeper
community awareness of the senior program.
Article III
Membership
l. Persons who have reached the age of 60, their spouses and
Senior Center Volunteers (regardless of age) shall be eligible
for the Title II1-B Congregate Meal Program.
2. Only members with valid membership cards shall be eligible to
vote.
3. To participate in Senior Center Activities, fundraisers and/or
trips, general membership starts at age 60 or spouse must be
60 years of age.
Article IV
Meetin9s
1. All Advisory Board Meetings will be open to the public and
held on the second Tuesday of each month at one o'clock at the
Shippensburg Community Center, l55 North Fayette Street,
Shippensburg, PA 17257,
2. Spec ~al Meetings may be called by the President OI' the Senior
Center Coordinator and will be held at the Community Center.
The date and time of special meetings will be posted on the
front door of the Community Center at least 24 hour.s in
advance.
3, A quorum of 60' of Board Members shall be required for
business to be transacted.
Exhibit "8"
.
Article V
Board
1. The Board will consist of members with valid Shippensburg
Senior Citizen Center membership cards.
2. No officer now sitting on the Board will be eligible for re-
election.
3. The Board shall consist of nine active members. Members are
to be elected for a three-year term. The term of no more than
three board members is to expire each election. Three of the
nine members will serve a one year term, three will serve a
two year term and three will serve a three year term,
Elections will be held in January. 'l'he general membership
will vote at a time when most of the members will be present,
If a Board member misses two (2) consecutive meetings, without
approval, he/she shall be replaced by a vote of the general
membership.
4. If the Board does not meet for two (2) consecutive months, the
board will be abolished and a new Board appointed by the
commission.
5, The Senior Center Coordinator shall attend meetings as a
member ex officio and non-voting member.
6. No officer shall serve more than one consecutive term,
7. There will be at least one member of the Recreation and Park
Board on the Senior Center Board at all times,
8. Active Board members are required to participate in fund
raisers, be present at the center at least 5 days per month,
and make physical donations to programs.
Article VI
Officers
1. The officers of the organization shall be as follows:
President, Vice-President, Secretary, and Treasurer, Officers
shall be elected for a term of one year. If, for any reason,
an officer is unable to fulfill the duties of his/her office,
a new officer shall be appointed by the executive committee
(officers). If an officer misses two (2) consecutive
meetings, without approval, he/she shall be replaced by the
general membership.
"B-1"
\
Dutie~ of Officers
1. The duties of the president shall be to preside at all of the
Senior Center Board meetings. He/she shall introduce speakers
and other activities and be in charge of the monthly business
meetings which will be held on the second Monday of each
month. He/she shall also oversee all committees, and when
necessary I appoint committee members, He shall also have the
authority to appoint special committees.
2. The duties of the vice-president shall be to preside at Board
meetings and take over the functions of the President in the
event of the absence of the President. He/she shall assist
the President if the president so desires,
3. The duties of the Secretary shall be to keep a record of the
proceedings of all Senior Center Board Meetings. It will also
be the Secretary's responsibility to take care of any
correspondence with outside agencies and concerns. The
minutes of the monthly meeting shall be posted on the bulletin
board within 24 hours for one week following the meeting.
4, The duties of the Treasurer shall be to keep a record of all
financial activities for the Senior Center and to report each
month at the board meeting, The treasurer's report of the
monthly meeting shall be posted on the bulletin board for one
week following the meeting.
Article VII
Duties of Committees
1. All committees shall have three to five members. The members
shall be appointed by the President, The members of the
committees shall appoint one person to be chairman. The
chairman of each committee shall report to the rest of the
board during the business meetings. The committee membership
is open to the general membership of the center.
2. The Planning Committee will assume the duties of the Program
Committee, the Travel Committee, and Ways and Means Committee.
The Planning Committee will meet on the first Monday of e1ch
month to develop the next month's activities and programs.
The committee shall suggest ideas for trips and report these
ideas to the Board. The committee will plan and schedule all
fund-raising activities for the Senior Center and see that
they are staffed as necessary by calling for additional help
when needed.
IIB-2"
.
.
3. The duties of the Nominating Committee shall be to obtain
candidates for the various offices of the center. This
committee shall explain the procedure of the elections to
other center members and shall supervise the elections.
Article VIII
1. There will be a three dollar membership fee due January first.
All the money for dues is to go into the Seniors account.
Article IX
1. To receive special rate benefits (Le.: trips and other
activities outside of the Shippensburg Senior Citizen Center)
from the program, you must be considered active and
contributing. To be considered active and contributing,
you must participate in at least one fund-raiser per year
and make donations to the program. Members will have first
option on trips and activities,
Article X
1. Persons who have major ailments or those who can not enter or
exit a vehicle unassisted, will not be eligible to go on long
distance trips unless accompanied by a person who specifically
will be solely responsible for them.
Article XI
Disruotive Behavior Policy
Definition: Disruptive behaviors may include but not limited
to, intoxication, theft, ve~bal or physical aggression,
unwillingness to follow center regulations, and deteriorated
personal hygiene which affects others' enjoyment of the
program.
If an individual is asked to leave the center or banned for
any period of time, the individual must be informed of the
right to appeal through the Cumberland County Office of
Aging, and of the availability of appeal forms at the Office
of Aging.
Article XII
Any proposed amendments to these bylaws must be approved by
the Recreation and Park Board,
Artic le XII I
The Senior Center Checking account requires the signature of
the Shippensburg Senior Citizen Center Treasurer and the
Senior Center Coordinator,
"B-111
.
.
.
SBIPPENSBURO SENIOR CITIZEN CENTER
115 North Fayette Street
Shippensburg, PA 17257
Pollcy for Approprlateness for Center Attendance
senior Center participants should be at least sixty y"ars of
age or a spouse of a person sixty years or older, They should be
aware of their surroundings and able to take part or benefit from
the programming. They should not require individual supervi3ion.
In order for seniors to participate in center activities they
must be able to do the following:
He/she must be able to attend to toileting, without
the help of the Senior Center manager. If he/she has a
spouse or a companion who assists him/her with
toileting, then he/she may attend the Senior Center. It
should not be the Senior Center manager's responsibility
to find a toileting helper.
A Senior Center participant should have an attention span
which is such that it allows him or her to become
involved in Senior Center activities.
If a Senior Center participant has a tendency to wander
away from the Center due to Alzheimer's or other
ailments I that person is not appropriate for Senior
Center Activities,
A center participant should not exhibit disruptive
behaviors. While occasional disruptive behaviors may be
dealt with, a continuation of such would be cause for
barring that person from the center,
A center participant should have the ability to make a
contribution to the group, by way of participation in the
daily activities of center-sponsored programs.
A center participant should be capable of following
procedures of signing up for meals and transportation.
When participants are ill, they should not attend the
center on that day( S), especially if the illness is
contagious.
ADOPTED BY GENERAL MEMBERSHIP OCTOBER 7, 1992
APPROVED BY SENIOR CENTER BOARD OCTOBER 12, 1992
REVISED MARCH 17, 1994
REVISED AND APPROVED JUNE 14, 1994
"B-4lf
,
Shippensburg Senior Citizens
Center, alkla Shippensburg
Senior Center by Ray Mowery and
Edgar Engle, as Trustees Ad
Litem
vs
Nina L. Miller, Betty Rinehart,
Robert F'inkey and Shippensburg
Senior~ No. 1 alkla Shippensburg
Senior Citizens by Nina L. Miller,
President as Trustee Ad Litem
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-6203 Civil Term
Complaint in Equity and Notice
Timothy Reitz, Deputy Sheriff, who being duly sworn according
to law, says on November 9, 1994 at 12.04 o'clock A.M., E.S.T., he served
a true copy of Complaint in Equity and Notice, in the above entitled
action upon one of the within named defendants to wit. Nina L. Miller
by making known unto Nina L. Miller at 448 Earl Street, Shippensburg,
Cumberland County, Pennsylvania, its contents and at the same
time handing to her personally the said true and attested
copy of the same.
R. Thomas Kline, Sheriff, who being duly sworn according to
law, says he made diligent search and inquiry for one of the within
named defendants, to wit. Betty Rinehart but was unable to locate her
in his bailiwick. He therefore deputized the Sheriff of Franklin
County, Pennsylvania to serve the within.Comp1aint in Equity and
Notice according to law.
FRANKLIN COUNTY RETURN. Franklin County return hereto attached.
Timothy Reitz, Deputy Sheriff, who being duly sworn according to
law, says on November 9, 1994 at 9.32 o'clock A.M., E.S.T., he served
a true copy of Complaint in Equity and Notice, in the above entitled
action upon one of the wtihin named defendants, to wit. Robert Fink
by making known unto Robert Finey at 31l S. Pitt Street, Carlisle,
Cumberland County, Pennsylvania, its contents and at the same time
handing to him personally the said true and attested copy of the
same.
Timothy Reitz, Deputy Sheriff, who being duly sworn acccrding to
law, says on November 9, 1994 at 12 :04 o'clock P.M., E.S.T., he
served a true copy of Complaint in Equity and Notice in the above
entitled action upon one of the within named defendants, to wit.
Shippensburg Senior No. 1 alkla Shippensburg senior Citizen by Nina
L. Miller, President as Trustee Ad Litem by ~aking known unto Nina L.
Miller at 448 Earl Street, Shippensburg, Cumberland County,
Pennsylvania, its contents and at the same time handing to her
personally the said true and attested copy of the same.
Sheriff's Costs.
Docketing
Service
Surcharge
Out of County
Franklin Co.
So answers.
26.00
14.56
8.00
5.00
21.52
'77:".06
""II'
,j:~'!
R. Thomas Kline, Sheriff
by
~~~
De uty Sh iff
Pd. by Atty.
Sworn and
this ~'i ~
1C}.l4 A.D.
subscribed to before me
day of ~~'>'"
"tr~ C, ,,' <...:' ,- ."-y>'j ,
Prothonotary
..
. .
-
.,
SHERIFF'S DEPARTMENT
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261.3877 COMI'UTltlt
IINSTIIUClkJNS Fon SEIIVIC;f OF ""0CE'SS ,.Iot...lype III ~~-
legibly Do no! d.tll<:h ony eopl..
0' . .- .._,
;> uHHlI NllMlII1I
94-1,20]
" I Yfll l)f WHII I If! U)Mfll AINI
COMI'LAINT IN ~:qUITY
1< I ',I HVlc f LIIIllI ',4 1l1l'IIlINIIJ I'IIlJl'IIlI', 111111 'I VIII) AlI/.I Illlll)1l '11)1 0
I PlAlNTlFF/sT..-
SHIPPENSBURG SENIOR CITIZENS CENTER
3.DEFENDANT/S/' . ..
BETTY RINEHART
IERVE'.--{""--"'b'NiAMi: Of INOIVI[)tJAL IIIMI'AN'f ( lllil'\IHA11' ltl I II
. ,B.E.lI'i RlN.E.~RT. .
6 AOOffESS (Slrt'L'1 ot HfD Apdrtrtll'lll NlJ Cdy "'1"1 r.....p ~ildh' alltl/lf' LOlh.')
~______!.9Jl4J_.t>lCCL,EARY ROAD, SHIPPENSIlURG. PA 17257
7,INDlCATf. UNUSUAL ~EflVlC[ II COMMON Of I'A 11m I'll ii/I , 'I)J I II II
---...--.. .
Now,__,_,.__.__. 19,., I. SHErIlH OF fllANKLIN CUUNTY, 1'1\ , ,hI Il",,,hy II"PII'"O; Ill" ~illl'"lIl1f
.,_________ County III l')ltl(ll!tl thlli Writ anct muk., rutlJln ttWfI!O' i1C(;ord,"U
10 law, This depulalion buinU milClt~ at nu. H'f1Ui'!it ,II III fI~lk n! till' pl,UI111ff
I.II'lClAL INSTllliCTIONsoiloTHERINFORMATlClN THAT WILL ASSIST IN EXPEDmNG SERVICE:
'JlJlllllll.Ol'J'IlW'_uiILjlVhll
NOlI ONlY APPIIC"AI f ON WRIT Of EXECUTION: N_B. WAIVER Of WA'rCHMAN-Any dllplJty lihl'f1lt hl'J';'lntJ llpOIl Of ,lll.ldllfll) JlIly Ilfillul,ty uncl"r
wllhin writ may teal/co Anml~ W.thOlJI;\ w,ltchm,ll) 11\ r 1)',1,,,1,, <II './'iII')llh'JI'1 I', I')'IIII! III P'Hi'il''j!illln. uftl1f 1l1l1"YIIlIJ pm III lI\ oll....,'f II' littlll:hnwnt wllhollt
lI"IIIYonthepa'lo'.~~l!.!.i.!tl)lJt:t or Iht' "t~,dlll) 1'1)' JJI,III\IIII III 1t'11l "ll .III/, I, " IlP< t"11 ")11 tI' ll/fnOIl,lllll .IIIY Mil hp'llpt"I~ IJt'IUfl! ",hflllll Pi !\,lIt' Ihml'll'
I.lIICINIlI\JIlE 01 ATTORNEY u, olh." ORIGINATOR 'I) IE I f PHONE NlIMBf II I' , DAI (
_ CUMBERLAND _C9, SHERIFF R. THOMAS KLINE
12, lEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BElOW ITh.. .r.. ......1 be completod il nolleo I. 10 bo mOllotd)
CUMBERLAND CQUNXLt>,IIJ:.!tJ.f.F. R, .,'[IIOMAS KI.lNE, COURT 1I0US~A CARI.ISI.~:, PA. 170ll
IMCE BELOW FOR USE 0 SHERIFF ONLY - DO NOT WRITE BELOW THIS UNI
13,Iacknowtedge receipt 0' I.ht;> w,.-,;-i-'-'SIGNATURi:;"-" "",..,:" FCSO I'?"V ",' (",.in.,~,;, ,,,I,, I"" 1l,;h'"l'I''1\1I'd - ["' t 'I",,,,."'ltk,,",;~i~j;,
or eomplalnt.~.'n<lll:.'ed lIb"v" , /.;: U<...,--,- (J ,lb~;_ k/ 11/2/94 \2/2/94
16.1 hereby CERl1fY nnd RETURN Ihall~h.l\l" ~1I'r~.,n ''I ',"I "t.d ! J h.l~I' 1t"I,1I P\lllh~" IIf ....~'\lIU' .II. 'i~lown III 1/"11I11I10', (Ilid\ll' 1'.1'1,111.',1 .1'\ I\hllWn
In "Remarks", the wrll or complillnl dl '!CribI'd lInlh 11111'111111,11 ',tTlII.tlly' <>. p(j,..llIlIl""'fj~ , ;11thI' ,uld'I'!j', ',hi 111\I11 .1111 JI,II' II' 'HI Itll' 1I1111'llldlldl I IIl1lf1dll'i
corporation. elc, allhe 1JI1dnH;5111~wrh_'d t)l'llJW tJ~. 1,111<11111'1" TRUE and ATTESTED COPY !tutrf'nl
--..---.---
11 01 hereby cerll'y nod return a NOT fOUND li"'Ol'I',1' I dill ,jll,illlt
18 Name and tiI.e-OiindIVidu~II-~-~''''f',J II! tlO!,itltlWn ,;hqv' )
t'J Ii" ,011' 1111' 111I11\llIh)..I, I"IJmlloUly
Itlrpl.lfdlllJll ,'I. 1l.t1lll'1! .11111\11' 1~II't' 1t'lIllukij tJ..llJW~
1111 ItI'H'",,"<I 'OI>1"hl. "I" "'01.'1,.."'","11>.,,
11".,,1111', .11 II~, d'.''''''!,II''', "',!J"I pl." I' ,.1
nl",,11'II
Ap.lflrnf'nl Nil ,II 11,111 ,,' '.l'rw~ I ~I,J rlllll'
20, Address of where ~ervod (\:omph~lt.. onl" II dilll'II'll! 111,11\ ',I" i'I,I) ,11)1 '/1'11 :ilfl'I~1 or H~ D,
eily, BOlO, r..,p Slalo and lip Cod,~ I
11/07/94
11/.~pm
!
.....
23 ATlE~~$I~j7:-
2"_ Advance Coals
$50.00 ,... /11968
30 REMARKS
~~. int [ 0.,01
~l5 Sl"nlh_:t' Cn'ih
14.00
MilO' loop, Inl I
[;!h NlJl;lty C.'ll
2,00
oa,ol Milot. l!lop Inll Delo
[:'1 ~1:';';''''I''''''''''l/
I Mil." Dep. Int I Do.o I Milo' I !lop. "'.,
1)1\ '111,11 t:O!1h '.H1.fM'Jt)M...."...
21.~2 2K,4K
~'~ ~ ~"\ (...t\1'
1\, Ii( 'ill
I'J
17th
94
1"'1'
r SO-.R
"" ,',," ,~'. ""- 'J>.t t't ~'~7 "iI'"
,,,," DAN f; ~I. ANTlII!NJ _,
"'~'I-,... ,,' .v')/ A h .. 'I';
SHt"Rl" ()ll 'RAHIll'" c(~;,h , '
1'(I;lh'
3 t Af,mME-D and subr!lc:rlbed 10 hp'o~t! flit' lIWi
34 tl~..N~VE~.BER,; \ _:/
3,_.:=_:l__,-:.,:..~,.t /' L\/ ~ i
"""I."'HJ., 1...,(, ~"..." ,""
11111/94
, 1;'0'J/"Y
W F~~~~7, CE II' T OF r;if iiHllllFF $ iiit TUAN SIONATURE I
OF AUlttQfllll 0 I~ U'NIII AUII~K)illl Y IINIl Ti tl E r ,
, - ~ ~"---'---- t-
IfCISO.1illMt.l "I 11'j"'Uf~Hi AU'.l'),
/,""'"1,,
"",,1
II',
1:1 .Tne,Court ci C.:mmO:i Fle:s or C:Jr..:"~~It'i:nd c~u:-;~'Y, ?sMr:sylvc:ni=
Shippensburg Senior Citizens Center
VS.
Bet ty Rinehart
:0;0, 94-6203_Civ,P Term
---.
::-
:-;'ow,
October 31, 1994
:9_ !. S:.:-:"'~~ O~ C-:nt3z:.!...A..'lD CCt,.;.{':Y. .?:\.., co
1I::=y c!..;:u== = Sl='.:i oi
Franklin
c"u:ty :0 C:::-.U:: .:..i. '.V:::,
:::s ~u=:icn ::ei:uJ' -"'..:. U 0:.:: ~ :.:d. = tJi == :"..:-:5.
r~~~?
s:aL~ at C;::::i:serb=c1 C~Wlrr, ?:l.
Affidavit oi Sem=
:iow, ~9 .. o'~cc:.i. ~t. S=-"~
. .. ~
:.:s wi":':"
'Jpcla
~;
:r ::u:ci::1f :0
" C':lpy oi =~ :1::t-"t(
,-
ltId _"!II":. CawQ :0 ~ .:::;=::s -:.~::=t.
So ~=.
s-=r at
eo_". l'~
3_= ;me! JUCtc:-Jled be{1Ilftl
=,=.t_ Qyol
.0
.--
CCS'T3
SD.""ICZ
~fIU.AGZ
.-\.:-rm... ....rr
.3
s
1-..-oooli
".i;"\"
. j.', ,
,\I'
:'~'
1:1
~n'
'!'\
';,
,I"
, I.,'
,,,.
I"
, '
,I'
'_-'I
I"
,
II
",
,.
"
I,
,I
,
'I
",
"
,
.' 'If,/
) H.
,
,'i
I,
."'''ll~
',.
. "'!GEWEll
'9't NOV 2 PI\ 1 13
FRANKl.IN co; SHERifF
BYI
,"
"
\
I't<>'~....,..,. ...,-...".~-:-. ....~~~..:..~~ ......:..~.........,
~
r
.
. .
\
.YI. ";
I "it
i
"
.
II " I
..
.,
.1
I ':.
" ,
I
"I , ,
,
" I
I
I
, , ,
I:
"
,'I
.,t
"
,
"
I
!-r,.~,._"H";.
'1.-1
.t"'......,"
,
.
,
,
I" ,;,) ,
..'
.,
.',
.
I,
'.1
.,
. _In ??oo110........'29. 1994IDWDIMHI40431
Plaintiffs
IN THE COURT OF COMMON PlEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 94-8203 EOUITY TERM
IN EOUITY
SHIPPENSBURG SENIOR CITIZENS CENTER
./k/. SHIPPENSBURG SENIOR CENTER by
RAY MOWERY .nd EDGAR ENGLE. as
Trult... Ad Llt.m,
vs.
NINA L, MILLER, BETTY RINEHART,
ROBERT FINKEY and SHIPPENSBURG
SENIORS NO, 1 a/k/a SHIPPENSBURG
SENIOR CITIZENS, by NINA L. MILLER,
Pr..ldent, as Trustee Ad Litem.
Defendants
NOTICE TO DEFEND
To the Defendants:
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (201 days after this complaint and notice are s.rved, by
entering a written appElarance personally or by attorney and filing in writing with the court your defense
or objections to the claims set forth against you. You are warned that if you fall to do so the cas. m.y
proc..d without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may
lose money 01 property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, 00 TO OR TELEPHONE THE OFFICE SET FORTH IELOW TO FIND
OUT WHERE YOU CAN OET LEOAL HELP.
Court Administrator
Cumberland County Court House
1 Courth(luse Square
Carlis'e, Pennsylvania 17013
Telephone: (717) 240-6200
*1611lOOOllDccember 29. 1994/DWD/MH/4I)431
Miller Ie thl Pr..ident 01 In unincorporated association known II Senior Cltlzene Group No, 1 lormllly
known II Shlpplneburg Slnlor Cltlzlna Group No.1,
5. Admitted In pert. Denied In Plrt, It Is admitted that Betty Rinehart is an adult Individual
who rllld.. It 10049 McCrlary Roed, Shlppensburg, Franklin County, Pennsylvenle. It is denied that ehe
WII ever the Tr..eu,.r of the Plalntlll. On the contrary, Defendant Betty Rlnahart was the Treasurer of
the Shippenlburg Sllnlor Citizens Group No.1 until January 10, 1994.
8, Admitted In Plrt, Denied In pert, It is admitted that Robert Flnkay Is an adult IndlvldUI'
,..Iding at 311 South Pitt Stleet, Carlillle. Cumberland County, Pennsylvania. Defendant Robert Finkey
,uccllded Defendel1t eetty Rinehart as Treasurer of the Shlppensburg Senior Citizens Group No. 1 on
January 10, 1994 when Betty Rinehart resigned after a proper audit of the organization's books we,.
performed by an accountant.
7, Admlttld In pert, Denied In part. It is admitted that the Defendant is an unincorporated
alSoclation located in Shlppensburg.. Cumberland County. Pennsylvania. The name of the Defendant
unincorporated association Is presently Senior Citizens Group No, 1 (SCGI formally Shippensburg Senior
Citizen. Group No.1, The remeinlng averments are denied as conclusions 01 law to which no responsive
pleading is required.
8. Admitted, It is admitted that Plaintiff SSCC is affiliated with the Parks and Recreation
Dapartment of the Borough 01 Shippensburg and usas the Community Center Building on North'Fayette
Stlllt. It is believed and therefore averred that said organization was formed in February 1994.
9. Denied, The aforesaid bylaws attached as Exhibit "A" are the former bylaws for thl
Defendant SCG, an unincorporaterl association,
10. Admitted.
11. Denied, Members of the Defendant SCG did not disaffiliate Irom SSCC in October of 1993.
. It is unequlvocllly and specifically danied that any cash or property of SSCC WIS taken by Iny 01 the
, 1101llf1 ??oo110.....29, I~DWDIMH/40431
Dlflndlnta. On thl contrary, the Defendant SCG, then called the Shippensburg Senior Citizens Group
No, 1, took no fundi or assets of the Plaintiff which, in fact, had not even been created at that time, The
Dafandant SCG continuld with its rlgular meetings pursuant to Its bylaws after October of 1993 end
contlnuld conducting business pursuant thereto. As previously averred, Defendant Rinehart resigned II
the Treasurer of SCG In January 1994 and after a complete end proper audit, turned the books and funds
over to the control of the successor Treasurer. Defendant Flnkey. It is specifically and unequivocally
denied that Dlfendant Flnkey ever placed any funds of SCG in his personel bank account.
12, Dlnlld, On the contrary, the SSCC operation and existence only began in February 1994,
whereas tha Defendant SCG had been in operation and axlstence prior to October of 1993.
13, DINad. The Defendents have not formed a new organization and have continued the
operation of an unincorporated ossoclatlon pursuant to its bylaws since October of 1993. It is admitted
that its organization changed Its name from the Shippensburg Senior Citizens Group No. 1 to Senior
Citizens Group No.1.
14. Denlld. As previously stated, the Defendant SeG organization continues to operate and
use its own cash and other tangible assets which legally belong to the Defendant SCG and not the Plaintiff
SSCC.
15. Denied. See answer to paragraph 14 above. By way of further explanation, there is no
constructive trust arising out of the transactions that occurred in this matter.
18. Denied. Defendants are without knowledge or information to form a belief as to the truth
of this averment and strict proof thereof is demanded at trial, if relevant.
17. Denied. Defendant Nina L. Miller received a leller from the Solicitor for the Borough of
ShippenSburg and the Shippensburg Area Park and Recreation Commission in June 1994 which reqUlsted
the Defendant organization cease using the name Shippensburg Ar.. Senior Citizens Center, , name it
WII not using. Asto the request for an accounting, it was requestad of tha .Shippensburg Area Senior
Citizan Cant.," an .ntity which is not the Defendant organization,
,0000tff 8OOOIIDJlIub,,29, 1994IDWD/MH/<I043t
18, AdmItted In pert. Denied In pert, It Is edmltted that the Defendant SCG organlzetlon did
not provide an accounting to Forast N. Myars, Esqulra, It is specifically and unequivocally denied that the
Plaintiff SSCC hea any ownarshlp rights or Interest in the personal property and cash ....ts of the
Defandent SCG,
COUNT I . ACTION FOR AN ACCOUNTING
19, The answers to the averments In paragrephs one (1) through eighteen (181, Inclusive, are
Incorporated herein by reference.
20. Denied, It ia speclficelly end unequivocelly denied that Defendants Nina L. Miller and Betty
Rinehart were officers of the Plaintiff organization. These individual Defendants were officers of SCG and
naver absconded with any cesh or tangible personal property belonging to the Plaintiff SSCC, It was the
mambera of the Plaintiff. including Plaintiffs Mowery and Engle, who formed a separate organization on
or about February 2, 1994. As to Defendent Finkey, he replaced Defendant Rinehart as the Treasurer of
SCG In Jenuary 1994.
21. Admitted,
22. Denied, It is specifically and unequivocally denied that any Defendants took any assets of
the Plaintiff. All assets in control of the Defendant organization are lawfully owned by the Defendant
SeG.
23. Denied, This averment contains conclusions of law to which no responsive pleading i.
requirad. To the extent e response may be required, Defendants specifically end unequivocally deny
withdrewing from the Plaintiff organization and forming a new entity,
24. Denled, Plaintiffs Mowery and Engle were members of the Defendant SCG orgenization in
1993. It is a",cifically denied Defendants Miller, Rinehart end Finkey took or converted any asllts
belonging to the Plaintiff organization. It is denied that Plaintiffs Mowery and Engle ever objected to the
. *Tf1 ~IID-*r 29, IH4IDWD/MH/4043.
COUNT III . CONSTRUCTIVE TRUST
31, The In.wlr. to the IVlrmenta to pare graphs one (11 through thirty 1301 ere Incorporlted
herein by ,,'e,.nce.
32. Denied. Aa previously Iverred, the Individual Defendants end the Defendent orglnllatlon
SCG nevlr converted the Issets of the Plaintiffs' orgenllation to their use and benefit, nor are Iny asslt.
0' SCG hald in con.tructive tru.t for tha Plaintiff.
33. Denied, Defendants are not obligated to the Plaintiff in any manner lIS they have not
violated any fiduciary duty owed to the Plaintiff,
WHEREFORE. Oefendants pray Your Honorable Court to dismiss Plaintiffs' request. for equitable
relie' and award ettorneys f..., costs and expenses to Defandants.
COUNTERCLAIM
SHIPPENSBURO SENIOR CITIZENS OROUP NO.1 Ilkll
SENIOR CITIZENS OROUP NO, 1 v.. SHIPPENSBURO SENIOR CITIZENS CENTER
I/k/a SHIPPENSBURO SENIOR CENTER BY RAY MOWERY AND
EDOAR ENOLE, AS TRUSTEES AD LITEM
34. Thl answers to the averments In paragraphs one (1) through thirty-thr.. (33) above are
Incorporated h.rein by reference lIS if set forth in full,
35. Nina L. Miller, an adult individual, residing at 448 North Earl Street, Shippen.burg,
Penn.ylvlnia and Robert FInkey, an edult Individual, residing at 311 South Pitt Str'et. Carli"e,
Penn.ylvania a,. member. of the Senior Citl,en. Group No.1 (SCGI, the Oefendant herein and bring this
Counterclaim a. Trust... Ad Litem on behalf of SCG.
38. Ray Mowery, In adult individual, residing at 2312 Orrstown Roed, Shippen.burg,
Plnnsylvlnil and Edger Engle, In Idult Individual, residing 8t 7500 Molly Pitcher Highway. ShippenSburg,
Ploolylvlnil, I,. member. of the SSCC.
_I" OOOOIlD.wllber 23, It94IDWOIMH/~3I
.,
VERIFICATION
The .tltemlntl In this Anawer and Counterclaim ere based upon Inform.tlon which hIS been
luembled by my Ittorney In this litigation. The language of the statements la not my own. I NVI rlld
the Itetlmentl: end to the extent that they are based upon information which I have given to my counsel.
tMy ere true Ind correct to the best of my knowledge. Information and belief, I understand that fllse
Itatementl herein Irl made subjlct to the penalties of 18 Pa. C.S. 14904 relating to unswor~ fllalfication
to authoritlea.
Olte: --8"" ) -{ i'i 'I '-{
( .) -. ~. ' ,,----- - .-
)\~;~:: ""~; -, \..~
\
'1CMt1' lloooIIDJC...,29. IlIMIDWDIMHI4043.
.
CERTIFICATE OF SERVICE
I, Dlvld W. DeLuce. of thl law firm of Johnson, Duffle, Stewart' Weldnlr, Ittornlya for
Dlfendlnte Ind Counter.Deflndlntl. do hereby certify that I selved a true Ind correct copy of the
.ttlched Anlwer and Count.rclllm by Unlt.d Stat.. Mall. firat class, pOltage p,.~ld, upon the Counul
lilt.d below:
Oil. F, Shugh.rt. Jr., Esquire
28 South Pitt Str.et
Carlisi., PA 17013
Olt.:
/zhoh!
fir
SHIPPBNSBURG SENIOR CITIZENS
CENTER, a/k/a Shippeneburg
Senior Center by
Ray Mowery and Edgar Engle,
as Truste.s Ad Litem,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - EQUITY
.
.
NO. 94-6203 EQUITY TERM
IN EQUITY
VS.
.
.
NINA L. MILLER, BETTY :
RINEHART, ROBERT FINKEY and :
SHIPPENSBURG SENIORS NO.1:
a/k/a Shipp.nsburq Senior :
Citizens, by Nina L. Miller, :
President, as Trustee Ad Litem:
ANSWER TO COUNTERCLAIM
AND NOW, comes the Plaintiff/Counterclaim Defendant,
Shippensburg Senior Citizens Center, a/k/a Shippensburq Senior
Center, by its Trustees Ad Litem, Ray Mowery and Edgar Engle, and
by its attorneys Fowler, Addams, Shughart' Rundle, and makes the
followinq Answer to Defendant's Counterclaim.
34. No answer required.
35. Admitted.
36. Admitted.
37. Admitted.
38. Denied. On the contrary, in December 1993 assets
belonging to SSCC were rightfully returned to it. By way of
further answer the averments of SSCC's New Matter are
incorporated herein by reference thereto.
39. Denied. On the contrary, SSCC has posse..ion of no
assete belonging to SCG, to the best of it. knowledge,
information and baliet. The averment. of SSCC'. New Matter are
incorporated herein by reference thereto. By way of further
an.w.r., a. to the remaining averment. of paragraph 39, SSCC ia
without knowledge or information to form a belief a. to the
truthfulne.. of tho.e averment. and proof thereof i. demanded.
40. Denied. On the contrary, SSCC i. in posse..ion of no
tangible personal property belonging to SCG, to the beat of it.
knowledge, information and belief. The remaining averments of
Paragraph 40 state conclusions of law and no answer is required.
WHEREFORE, plaintiff/Counterclaim Defendant, Shippensburg
Senior citizens Center, prays Your Honorable Court to enter
judgment in favor of plaintiff/Counterclaim Defendant and again.t
the Defendants/Counterclaim Plaintiffs.
NEW MATIU
AND NOW, come the Plaintiff/Counterclaim Defendant,
Shippensburg Senior Citizens Center, a/k/a Shippensburg Senior
center, by its Trustees Ad Litem, Ray Mowery and Edgar Engle, and
by its attorneys Fowler, Addams, Shughart & Rundle, and avera the
following New Matter.
41. On or about December 1993 SSCC member' Bill Boweraox
returned certain items of tangible personal property belonging to
SSCC of which he had taken possession. An itemization of the
property returned is attached hereto, made a part hereof and
.ark.d Exhibit "C". These items were voluntarily returned and
-2-
have remained in the poeeeesion ot SSCC, except as hereinatter
.tated.
42. A reorganization meeting tor SSCC was scheduled to be
held on January 19, 1994 at the Community Center Building, and
we. posted at the Center and advertised in the News Chronicle, a
true and correct copy ot which Notice is attached hereto, made a
part hereot and marked Exhibit "0".
43. The roorganizationa1 meeting was called by the
Shippensburg Area Recreation and Parks Department, through it.
acting Center coordinator, in accordance with Article III ot the
By-law..
44. Due to inclement weather the meeting was rescheduled
tor February 2, 1994 which intormation was released and reported
in thft News Chronicle.
45. An Agenda tor the reorganizational meeting was prepared
and posted at the Community Center more than 24 hours prior to
the meeting. A true and correct copy ot the Agenda is attache~
hereto, made a parte hereot and marked Exhibit "E".
46. The President ot the Detendant, Nina L. Miller, and
nUlllerous other members ot the Detendant were present at the
lIIeeting on February 2.
47. The reorganizational meeting was ohaired by Ray Mowery,
.. President of the Parks and Recreation Department. Also present
w.. a State mediator and two representatives of the Cumberland
County Ottice ot Aging.
-3-
48. rOllowinq a di.cu..ion, adoption of new by-law. and
tran.action of other bu.ine.., it wa. specitically announced by
Ray Mowery that all .enior citizen. in attendance had a right to
vote at the reorganizational meetinq. Nominations from the floor
were .olicited. None were made. New officer. were elected by
paper ballot. A true and correct copy of the Minuteq of the
.eeting are attached hereto, made a part hereof and marked
Exhibit "E".
49. Detendant Nina L. Miller and other members of the
Defendant orqanization were present at the meetinq when the
announcement. regarding voting and nominations were made. They
.ay have left without voting.
50. Durinq the the February 2, 1994 meetinq, Nina L. Miller
removed a mixer and perhaps other items which belonq to the
Plaintiff and which had been returned by Bill Bowersox.
Nina Miller left a notice concerninq items removed, a true and
correct copy of which is attached hereto, made a part hereof and
laarked Exhibit "G". Defendant Miller intentionally failed to
claim owner.hip of the remainlnq iterns to which seG now claim.
owner.hip.
WHEREfORE, Plaintiff/Counterclaim Defendant demands judgment
-4-
-
-
-.-~~L~cUa?"-/__j4 zL_ __ . ,_'
--. . -. ~~!:~~1 ~f) ~ .!JOt /'i'l3;d
_.1.()~_A _ '__.,_n _ . '_h _. _
-:_._-/-~-i~-""cL~AI.d~ ;t~'L~<''7~~a.uI),~
~n~-j:~i9u~ ___n. - '- -.- '..----' ,-- __ ___
,/ I ~ .I~,~dC?~~~, t?ajut ~//~t?~.. ~'Y.tr...~
_~___LrJ~,_~./~ 7'~rj).J.a~--~ ~_a.e'''''d4- /~_
I ~ ~ ~ ~Ad~~ ~~ Idl~ 'i"~'-
,/ ~~o~/~ ~.~
V I-h ~- & lIc.t 4~i'O~'~ Ct.u-d o~ ~ .., _no, __
/' I~ /J~,jd~O~:1i~7h(.~?-- v~d~.~
_..Y~_~_..PJ<-4.(d_,__________ _ ________,___ _ ____ ,
-~--".i-dJ~7v~- -.' - .---- ,-" -----
_::-4- - . ,.' __&L.t2~______ _..__,...________
-~~(J~-________
_-,-__.1 c1f~-~~f2~_ __. __ __ _ _.____._______ _,_________ ___
...~---,~ OjJ"(<lr.~~- ---________ . _______ _______
,~__/.,~.------m--'-----------,----.---..----- ,__,...__.___
~ ~ Ja~__,__
;- ,:( 1i1"',{"'~'~L'
" ) a~~~l .. .
~ ~ ;:;::;~/Z~~ ~ (/_ ,___:
· J ~H ~~.- fA</.J-hlh." ..~ tAL.. IfL .t2rJ;//KUJ
1/ I I' II
rXf.llb I (~,~__,_
. Public illeeting
Reprding
ReorpD.b:atioDal
Concel'ns'
Wed. Jan. 19,1994
,
'1:00 p.m.
Shbg. Comm. Ctr.
.
.'
.-
I
I
-
[X D~I
Sb1pp.a.burg S.a1or
C~ua1ty C.at.r
Re-organizational Meeting
Feb. 2, 1994
7:00 p.m.
I Call to Order by Pres. Sonny Mowery
II Pledge of Allegiance to the U.S. Flag
III
Opening
. A.
B.
Statements (10 min.)
Sonny Mowery
'93 Sr. Advisory Board - Rep.
IV
Financial
A.
B.
Concerns
'94 Budget
Questions (15 min.)
l, Reply
2, Follow-up
V Open Questions (15 min.)
A. Reply
B. Follow-up
VI
Election
A.
B.
of '94 Senior Advisory Board
Election
By-Laws
VII Concluding Remarks
E )(~, e, r1 II //
8HIPPINSBURG ARIA RECREATION AND PARKS DEPARTMENT
SPECIAL MEETING
WEDNESDAY, FEBRUARY 2, 1994
The special meeting was called to order by President Raymond
Mowery at 7:00 pm,
Those present were Raymond Mowery, Ralph Thompson, Terry
Durbin, Ben Brechbiel, Nina Miller with staff members Kevin Conley,
Bill Helm, Shirley Koziar and approximately 80 citizens in
attendance and Dave Miller and Bonnie Nadzon from the Department of
Aging.
Opening comments were
!leeting would be conducted,
.tate Mediator,
made by Mowery to explain how the
He also introduced Alex Kaschoch,
Mowery and Kaschoch began to field general questions by the
public.
Revised Senior Center By-Laws were presented to the members,
The members approved the amendments.
Nominations were taken from the floor to fill the Senior
Advisory Board positions and were added to an existing ballot,
An election was held with the following results:
NAME POSITION TERM
Roy Zullinger President Two year
Ed Engle Vice-President Three Year
Asa Burkholder Treasurer One Year
Fran Skelton Secretary Two Year
Ben Brechbiel Board member Three Year
Raymond Mowery Board member Two Year
Thelma Daihl Board member One Year
Harold Lehman Board member Three Year
Bill Bowersoxs Board member One Year
Marian Burkholder Planning Board One Year
, Helen Wagner Planning Board
Ii; One Year
Dot Zullinger Planning Board One Year
Jinny Brechbiel Planning Board One Year
Ruth Walker Planning Board One Year
I,'
I '
- "r::: /
<r,'XIJI(~fl f-
,
.
.)..
1 '" '
\:
~
Park & ,Recreation BQud
February 2, 1994
','1HEi\EilS, we, the, Seniors, bought ana paid for tl1e mixer,
apple peelers, bakin~ pe~s, styrofoam bowls, Hna ot~er
articles out of our fund raisers, and,
\-"~u,,"' 5
N.:"'..::...~JoL. J
we ar.e going to have more fund raisers and we
need t~ese apoliances. We are notifyin~ Y0U t~at we
are reclair:iing: all articles belonging to us."!e also
do have the ~eceipts for these purchased ar~lcles.
~he ~xecut:ve co~rd
~C;.~
'I
Nina L. Killer, President
;?X N I 13)"1 G-- /
... ,.
VERIFICATION
Ray Mowery and Edgar Engle, Trustee. Ad Litem, ot
Shippensburq Senior Citizens Center, a/k/a Shippensburg Senior
Center, hereby verity that the tacts set torth in the toregoing
Answer to Counterclaim and New Matter are true and correct to the
best ot their knowledge, information and beliet, and understands
that false statements herein are made subject to the penalties of
18 Pa. C.S. 54904 relating to unsworn falsifications.
-~~ ;t.
~~
" / ~
~"E"
DAT!I January
, 1995