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HomeMy WebLinkAbout95-06476 .' i:'/ 1"1 I ,-I' ';'/ ,'1 , , 1'/, d, " jl _if' ! r";',' , , '/;'1,1, ;, ""! :',J:t' '<J'.'I-:h: 'Iiiil-" l' J!;r'"",!_\: t-l' i'l 'j'I:,'I,'I'1 :/ 'I; II '11'1' ' -j;'I_\"lll 1\1';,::.-;, II!:\! ;'-"1) ,I, {Ii,',\) 'It I lI'i1\r". ;L'I,'_', 'i' 'iI ,I 'i ;1 I I 'I,H, , , il! I, ,1'1 , '(l,i'.-I"I", i"'-"!'I';,'I, "':"',' ;,Ii '11,";1 III illij';,I,!,!:, 1\\'1"',11. "{"I:I" .1- 1'1 1"] 'I' :', II " 1,' ,,' " li~ " ", " 1'1, I " " "I I' ;I :1' I, qi I I , I" I 'I I' , I , il , I'll I , I, I I I I 'I I I " ", , ',',il " , ' ,il " , , I il'l , " '11 'I , , " , ,I " , , 'i'l 'II '- " , , , " '. , I \ , , " " ,I, ,,' I. I ," ", , I ,'oj I,i,\ ',; , , '. , , " " , " il , , , , l,i',' .)1 I I Ii , I " I: ,i' " , I, I' , I , , " ,I' , , " 'I ~ ! " I , 1-: , I ]; " I I " ',' ," . '" " " " ,'II ';/, 'j' " ,'. . I ',I d i I' ,1'1 , , ., " " ,I 'I' . I, " , I , , I, ') 'ii, ,I i ~ " , l,'l,!,' , , I " , ;'/ " , " . I I ,I , " II, "i'll' , , , " "," It,' ,r'" I /i '1,1 " r'/ , "'I iI I' 1'1' , . , I', 'I " " I I , , , , " ,,' I, ,', .-., 'I :1 I; '. .1 , ,II 'i'I ! '"I i,' ,'I , ", I ') 'I, II , ,-", 1\'1':.', .,t '. l ' 't, ~ 'I .. +f{~ 1<1 I " 'I .... '.. " . ...", " " , , , .. -.., ~ .1j ~ !' ~ ~ T t6 '~J 5 :n g '. ~ (;:) }: 0"'_'1,..",1 " ..11 "',"l'" 1 I I .' THE~mEtHanEWa Vol. 23, No, 11 spec offers SIPNERA to Interested employees 'Ill" Shll" IlIrh e"'"rllll:'lIll!r I. 1101'1 19 ,luy. lillo' III" NI\VSIH' S.I,.r.tl<lll 11I"","lvl! Illy (SII') bllYOllt fllr uny "1II1,IIIY"" wh., wiant_ lu relllgn IIr rl'lln', SlJCC uhm tuu~ rc~I'ci\'l'll .W"...IIII IIrr,'r Vllhlll.ury Eurly lIollr.lII.nl (VI':IIA) "ff...llv" hlllll.dluh.ly, If Y"II ur" Inh'r.,....,lln r,'.lrlng 1I11.I.r III" r"gllhlt/lIl'lllIlIulllr Ih" VEllA, v.", un' u"k,'d I., ,"b",11 your itclllIl!ll fl)r l)crllIlJUu!1 Adloll (SI' f.:!) U' '"1111'" 1",..1111., In oraler 10 Hive )'1)11, thL' rL..lring l'lIIllhJYl'l'. the b"lil 11iltt- ,Ibl. ,.,,"'e. Ihe 111111I1\11 1I..lIl1r.'.. Ilfflce (11110), e",I.. 116:\, lI.e,l. Ihe SI' li2 III .lIffl<-l"1I1 1111I. I.. rellre )'1111 hy Ihe Jllly :1. 19%. clI~,rr ,1111". L....klng 111....1, Jlllle :10 .Iurl. Ih. I'lIl1rlh IIf Jllly h..lhIIlY \IW..k.II.I, M' Ih.. 111I0 e",I,. 01>:1 1'1..11101 Ilk.. III h.ve Y"llr 1'"1"" work 1111 IlIh'r Ihl\lI Jill'" II' III Ilordl!r tll "rul'CII" the rellrl'menl.ll I ulld .",,,llId grilliI' ulI,lllIdlvhllllll I retirement l'ullullcling lies"iuns. I Ir YOII hllv" UIIY '111"'111111', .ull \ Nick SI"'II~I.r, Ex\. 61)1>1, \ I I I I I I I l ", "'WE ., ~ ' I\> l!IIlII ~\. ''0\,,\)\\ ~ ~., ,\.... '," ,/ ..:::; _\.~~~ I'OW/MIA .t....p \ '11'0 IWW n,Ill dUIIIl 1.t1l11nU'rnl~ \ rull.. ,llInll' hllllllrlng POW/MIA. ! I",wr.d Muy 2'1. ,.... .t Mochonh:5burg, Po, --_...- Juno 2, 1995 ---~._.- 1'1.. r.I.lnl 011 Ih. 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Ilr,'Ill'111 ul II U.III. ullIll'\'I'lIln~ "I)hm; 1III1I1n~'1. Fh,t' mlllUh'li hdllrl' .."hlrti. U h"~I,, 0',,11. 1.1o'1I.1fI,.,1 u. "lInl rull III "I)IIII'~," 'It 1i1l1l11Ih'll. ')1,111 ,'ull h,lll~lt 1111'\'l'r)'IIIlI"b 11111'IIIIIIH Illut 1'lIhlrli ""ill 1)1' 1'llIUlul'lt'l1 in fivu l1Iillllll'~, Willi<, tI... N"II",,"1 ^"lh'llI i, ""I r"I"I""I. II I, ,,,,,,,lIy pl"y",1 fur Illl1ruhlM l'UhJrli. At t'XU1't1r 7:r.~ 11,111., "firlit I'UU In I'ulllni" ht ItIlUIUII'II, At I'kill'tl)' n U.m,. IhL' hUl4It. M,UIUh,: Hl1ttl!nlhlll" outl hi "",,,,,,lIy r"II"",.,lllIIlII,',lInl..ty IIy thl' Nlllimwl Allllu!IIl. It lit ill Ihlli p"lnl thlll .h., nllg i. rl\l'lolly h"I.Io,1 10, II... I','"k "f I h" nu~. 1III\I,.III'''" thl' IlUlt null' n( till' Nu.I",,,,1 A III I...",. th. hllgl.' hlluml. "I'l'rry 1111," whkh lIignlfll'lI Ilml IIIl1rnlll~ I'ulllrll hOIi hrl'" l'lllllph'll'll. l)lIr1n~ l'vl'nlng l'Uhlrlh Hul ('uti hll'lIlun III ItI)l/lull~11 OVI! min. tHI'1I hl'fnn> lIun~e" At liunllt'l. whkh v"rlo', .I.lly, Ulh!lIllnn I, 1I111111L!1'11 U1ul till' url~lrl~utll Iii pluy"l. It I' ullhl. 111IIr. IhuI tl... nllg I. .1.."ly i..w",,"1, 1l1"1Il II... lillil tllllI' IIf ,I'I,.'ul. the hllg'l~ IUUI\l1" furry nn. ~tlkh tdf.~nlnl'tl thUI ''''I'!lIUK l'I)lltIK hUK h''l.'n 1'C)ml'lrh~l. AliiII' ....",,)11 nf uttl'nlhm nil P"IMllllwl IIIIllH turn 111111 flll'l> tlw nll~ If II... nll~ i. "'" within .Igh.. 1111 (ll'rl\llU" ..Ilillllllrn in thl' Ilira'l'" Ilullnf tilt' mil",,", 111'rhIlIHll'l III u"iform "hull 1I111lp Iu IIlh'l"lulI 111111 ra'llIll'r II (AMiIl..r. o. ..... T . VI'/ut M.",/I/II......IJUI.. 2. /9'/,~ TQL: Becoming a quality advisor and what It means to me /ly/\'I/I J. 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'\'IIftl III Ihl' dllllll'III!I" I ~1I0\\ .01111' IlI'lJl'lt' whll hu\'l' Ink"1I Here are some opportunities for fun , on Employee Appreciation Day Eml,l"y." AI'I".eI.IIIIII Il.)' .porllng "'"1' .lglI'"I" .,,, """ IInd.,,,.y rll' .,,11011 ~, I.k. 1,1.". I JIIII. ~6 IIl1lh. 111".11.111111, To Ilgn up rl)I'" un C\'l'nll lentl J l'clMuilltlrel'tly II) Ihl! c\'l'nl ('UI)r. dln.lo, lI.h..1 III Ihl. .,lld", lnchulll your mune, Jlhnne num. ber, tUller (rQr h~lun n'l'nl). llllll I .IIY olhet IlIrll"n.lllln '.'1"1,..1 , by Ih. "'111 rlHIrlIlIl.lo" Employ... m.y .Ign "I' rll' only 1111. IlIdl,ldll.1 .....11 olld Ih" 5K run .nd, 1'.'lldl'.'. III 1111. It!.m event. Indlvld".I, .,. 11111 p"'IIIII1..1 \u p.'lloIl'.I. IlIlh. ,.mo .",Ivlly (rll' .1I"lh., I".m) 11111'" Ihd, ,,,I~, In.1 I..m h., 1",," dlmlll.h'd r,"m .IIml"'lltlllll. 'I'h... "Ill he "" "h.IIW' .nnwl'd II) "lUlU rllK'erK urh'r Jlllln 1(" EU'llh IUIII IllL'ir "llll,.lltlllh'n~ III Ihl. puintllrl': 'Ii.onnh,. OIIl'1l lH\'11I11I1l 111\1). JII1I1I'1 Cun.lIl" Ell!. hlll:.h !iK HUll. I'tll\,ltl(' ilf.\I' 111111 W);. J.... M.th,.rk.. E.1. I-IlI'/, B,)wlinM:. I\lm l'I'rIiU'HIl) 1111" C"III1I" lI"IIo'IIIo.,,~h. E.1. ~(m. :11:\ B..k.lh.lI. '~I"""1Il h'''''', CUll Jim B"y.., E'I, :;7-l1i S,,(lh.II, 1I~1'.""11 h'."1, F,..,I III1IllY, ,.:... :;7'14. V"II.yh.lI. \Il'I"""" I.'."'. Gl'l)rgl~ Sile.. EIlt. IrfH; (;I.tr, ''-1'1''',1)11 h'lIl11 lit lIull. vl,h..I, m."II""vlolo' IISI;II hllll,l. leuI' nr l&\'I'ruW' lil.llrl' "hul 1111 "lIl1rhl' (I~ hlll.l) rllt 1'11I'h I,,'rld'" lIignllll till. Jllhn 'l'f'IIIIl'Y. 10:,,1. (il(~), IllIrlH'lIll1l1! l'nlhlllllll"th 1If1' u,kl'll II) IIlIh' Ihlll Illl'tl, I~ nil ('\'I'n' ..dll'lllIll,.1 hl'I'I"I"I' ,III'''' Iii 1111 \'lIll1l1h'I'r III run II. Ir )'1111 lltl. "hh' h, '''lIlhl. ,.".,,1. .,,,11 CIlIt Ull)'I'r III E~;I, !JUI lib hlllIlI UII 1Jl)~.I"II', 1':\'1'111 1'lIl1rdlllallltll will dl'II'r. lIIilll' hrlu'~I'h 111111 rul,'~ rllr tlll'lr 1'\'1'1111I, All 1'lIlrh'. 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"1111,111I....1111'11I h) 11I~1' "!,lIhl"'" lI\'I't ,llI'lr 1It'III'h., '1"111' Irlllh I", i1'~ lillll' rllt II /lhlll l,.ulIlllI' lit.! "1I11111'lltl'III1'III" ")'11' III 11111' 1I111llll'hilll.t If 1I1l1"'r\,lhllrll \\1111"1 l'IIIIIl,"I'r 1'lIIlllu>,I't'" lIllll .'11' nJlItU""I' tlll'lr 1"'111'11' III W'I IlIIltl~ III\ll""I'd III I'tlIl'l'''1o 1IIII,rll\'I'lIl1'lIt, Ih,,) "",,1,1 h"", " h.I'I'Io', .".1 1'\'1'11 IIl1lrl' IItlllhll'lh'I' \'o'llI"krll"'l', ",ilia 1'\l'r)1I11i' ""lIr~,IIIr.c 111"11111" II) 1"1'1111' u'l'I,II,I'lIlIlIrl" JII" I'io'k "I' " ,1~1I'III' r"tlll Ih", II,,, "1111,,, 1",..110111110" r'"1II II", CMWIl 1)10,'" ,1I'I,I.y nll.k I" 1",IItIl,,~ :1I1~1 '" III 110.. SPCC I'lIhll., Mflll" om,.... hlllldlllK :11I.1. Fair 1I111t1' illrll. I'ull JI) \\'1It1Il". E>I,1I:1I2, "I;,~,l, "lIh III IIh". ,"~r1~ h'u "1 IIf,.I" Aluu"lrr rill" d~~ , 'If 1 , ~..II" /WI, "',,11I "TI'IIIII"" ..1,1"111 hn',Ihr.uu IIl,Ith""'i",n"'llIIIlllin'llltnn) ,",I;\.IIHI1l' tiwltl' SIIlII)'tr,. I/~~ I /~I"J Illh,""/,j"J".,..,,..., "'1"111"11\1111., "',1 "I "llh II 11,'1111 Ilul' I!II IHI,nlrllltl IIlllll'llIll"U" Ihm) HHhl'llIllIUlI ,I~" o~:, 1 ""'"'1.1'*' A note about recycling those old phone books Nnw I)hlllll' IlImk" IItllllhlll'I'hIIJ III bo ,II,I,lhllll.,1 Ih,' ,,,,,'k IIr JUlio I~, '1'1) n"t')'!'h' )'llllt l'hlltllllK I'IUlHL' bt)~Jk.. >>'11) IIn~ u"kllll In Ih'llllItil Ihom III '1",,'lrh'IIl1y ,h'.I~II11I1.,1 4!Cmluhll'rN IItIll tllIl hI 11I111. .lwln III wllb IIII! ,,'~uIII' ",,.yd.. 1'01"'" If yun II.. nlll hillt'l" 1ll'II111l11nl.!t Ilo.I~1I011'11 rll' Ilhllll" ll<lOIk. III yuur rl',~ydL' UP'II hy JUIlL' I~I YIIU aro o,k..111l 1I11llly I.... UllIoIII..., III Ib" SPCC EII,I'"IlIll"1I101 0((1... C",lo OIlE. EO!, 2,1110, ^U 1,I\lHl" hllllk. .hlllll,1 h" d.IIlI.II.d Ill, ,.,'ydlll~ hy JII'''' I'), (llt!ulil.! dt) n'll(lut I Ill' hlluktt In the Inu.I,. t'!l'ycllng 1'l)Utlllnulllrli o.k, Jill'" ~. IWaf/'I,u MUl""IJI\IIII.I:' A.nd Ib...,.. ..'Ib.. ..llIn..... ....,... Jrlbru B........., h'fl, ..f SI'C(;'. 'l'u...p"..I.II..II UM.I..II. d.lnl..d . """ ".)' 0' 1"111... .....ullol, . bund ....w 1II,,"nl.l.. bl..... .. Ibt' ..Inn.... ,,' Ib.. n...1 d.....I... In Ibb )'u..'. N..)'.III...ln"C""II' 1I..Il..f l'ulld U..I..., J....I (;"I'II"n """. ilIlroO !h..III" B"nd In d.....I... numb",' 1""I...d Il"b 1'''...)'lh.. .."n . .1......".)'.I..m In d.....I... numb.... Ih...,... 'I'b")' Join U;UIII"'I.. U.blll'I.... l\md d..I... ...llIImlll.... ,,,... "oncr.lul.hl..)' phol.. .lId ....mlnd.... lb.. Ib.. nn.1 d.....1I11! .......... up ......I ......... H.... .1....)'. RECYCLE Med.I,...,...nt.tl"n... EMC (SW) COe...ld II. 1II.,(;ulll..n ........I.... Ih.. N.,,)' Commend.llrln lIIed.111I . ........111 ........IIWIl)' ",,"du..l..d b)' RA.UIII 11,11I. ~11I..hell J..., Ih.. ....lIlm.lldlll" "rrl...... ..f SI'CC. Drawing for the car almost here Wintll'r.. lill rur in thl. )'I'ur'll NII'r.M.,low CIl"" Ildlo.r HIIHI nriy~ Ilrnwin~1oi indtltlt. Jt!lhrn IIroo,,"1I IIr :;PCC I whn wun u IIUllllllol1I hlk.l Jlld G''''\lln III SPCC. whll Willi 0 $r>lJO So,11I1!' Illll1lh 1I111lllllh 1'.,royll... Ilf SPCC. whl) wnn II Iilerl'U "YIiIl'II1. 'I'hl' winnl'r IIr IUlt wl~l'k'. d,owlng w,,, IIl1u.1 Iln"h.,. whll'" hll.hond ,,",k, 01 IlJJSI'/IJIlIIE, Shl! won LI ~7.lnd, l'l)h" 1L'lcvillhlU. Illl'. NIl'l)11I III IlIlSI'/IJIlIlE wo. Ih. ,.11,., III Ih" WIIIIIIII~ lh'k.1 ulul rL'I'I!I\'l'" 1.1 $fiU I~lllih bunm. TI\I' Jill... II ~'onll prl.". ,I,"wln~ III II I'No Solnrn Sl.~ I, 111'.1 WI'I.k, '111t'r1,'K IIliIt lill)l' Ii. I,h'k up Ikk,'I., If )'llllllllll'l kllllW wl...ra'llIW'1 th'kl'IH. IIr ~'Im hW/.' 11'U'~lhlllll llhuUI 1111' NllV)'.Mllrilll! CIWIII Ildlul HIIIIIIl,I.... '.1l1l10.'1 I.CIlIl IlIn\l" l'lhu", III E,1. If,Il(,. '1110 ~,oll,1 1"1.,, ,I,.whl{! will lok. 1'111". 01 III 11.11I, JIIII. Il11U~ .hl" I,,'IW"I'II hHlhllnl!' :111)311. 6fI'/ut M,,<hmll'll"/Jllllr~, "}I).~ .~ Spotlighting the work of Public Works '11,. lulluwh'Il"UIIChuh" . 'Wl>I,.rl IlIuk ., "'II'" ul .1... ,111110..1., work ul Mhl,.. 1'1IrlO IAIII'rul C'"I.... 1'lIhllc Wmk. 1I,.".r'III"II'"I1,III. po<l\ll.. '1110 IIIIurlll.,lulI w.. Ilruvloh.,1 h, I.CIIII Mll'h.,'IIII"~"r, Ihll dlr,,'ur ul ,h. d'I,.r.III.II" III "'lIIjlllll',lulI wllh I'"hll,' W,,,k. W,.,.k, whkh w.. uh,"rw,1 M., ~1,~7, (:b....... IlIlh. 11..1 ~l) ,..", ,'h.IIl!lnll,h'III.II,I., I'I..lll1lnll 111,,,'111111' 1111,1 _r d""l1h'll 1I...,h'MI. ul ulwrll.lu". h, ,h. h...' .n.1 h'II.II".' MI'CC r"'l"lr.od 'h.' III.IIY .her.'lulI' .n,l .,I,llIluu. h. 11I.,1. 101,111' h..k 111" lIU" ul Ihe hulldlnt!' h, Ihe \'uhll. Wu,k.II'I,.rllll"I.!. In lhl'! rirll :lO ~l!llrt, lht! I'unvlmihm Ilr ","'l'hl)uM! '1'1&1'1' hi IInk<<! 'pace w.. .,'"ulIIl,lI.h,,1 1II.lnl, h, \'uhlk Wurk.' In' hUll" lu,""', I" I.ltr Y'.'" .. Ih. I.dllll.. Illl"d, .nd ,I... ""IIII...r ul \'uhlk Wurk.' forre. ,lel'ttur.c...t, l'uhHl! Wurlu' in.hllUtiu fnrl'l'" Wi'rl' rlllluirll,l III "'lL'It,l mure Ind ll)nrl' lime 1111 '1Illlnll'IHlIU'I! UllIl tl'ltlllr 111'1111I"1 whllL' hll'VtL'r corPlOlrlllln und relJ.I)vllthm Ilrlll'~dll IN.'I'Ullle ul'I'lIInIJU~lwll \'iul'lllllrul't. Cur....1I1 ..... Wllh . wurk 11Irce "I Ifill I,,,upl., I'uhlle W,,,'k. l",rfuIIII' n.lllnl.' nlnce, rellulr. 1',tUlIlrUl'Ihm unll l'lInlrllct bl.!rvh'l.'li lilt 2nn ill'rl" 1)( KlrtU', lur" IInd"r ruul, ~l)O ."r'" ul 1ll.,lcvdul,,'d l.n,l, ~2 11I1\00. ul ."11,.. r.Uro.'III.ck., ~O 11I11.. ul 11111I1\1'" ~5 11I11," uf 1'",.,.1 ,"""", 1111.1')2 hOIl.IIIIIIIIII,", Their "lIr"nl vllhl' I. S7M 11I11I1011I, \'lIhll. Wllrk. .I.u 11I.1111.111' ~H ,I'\lld.. ,lrI"'1I 71111.11111111I1"'. I,,,r ,..r .lId ~O:II,I""'" ul 11I.I"rl.1 h.II,IIII111 "'1"11"",'"1, whkh "" "1"'" .Ied ~0.l)1I() huu.. 1'''' ye.r, On Ibl!Jllb In "ublll! W..rJu... III II... ..."..h.lllnl ru..... IIr bulldlnll !JllR, ..1"drl"I.... "MI"I!" K"..r.." lefl, .lId \Iu.' Wlltr I..... ..n . r"p.lr J..b 1111 .Illllr rlllldlllllllh'III..n"l. '1'1... 1'lIhll" "'urk. Ellvlru'III1"III,,1 om,., 1II.II.g'" II... Nil"" ,,"vl. rnUllwlllll1 'Irl)~nun III I,wee 11Il11 t'IIMan'l( ! 11I~ 1'llmml1lUl ,..mululI In. ""11I1'111111'" wllh.1I h.,I"",I, 1"'""'11,,,"1,,. 11,,1 NII'Y ,',\vlroHllII"III.II.w. IIl\1l rl~h'\Ihllinnl. ^ti IUlrlur \Itlllli""\lIl1, till.' l':u\lhHlUlIl'nILll Oml!l~ ill hl I~hllrgl' IIf Ihl! 1'11'111\,"\, uf 111)1111' WU"h' IU"pf\lIl1l 1i11l'1, un IlIue. 'n,i, lI...h"l.. 11.\.1111 wllh I'" "",.1 "'''"1111111111 I" k,,'1' 1,11I11I1I1I"lul Ih. l'lwirllllllll'ntul uL'lI\lilh'b IIU hUIII'. '1'111' mild \'llIihh! dl'IUl'UP l.mjed iK ,h.' 11.1111,"..1 1.1..IIIIIIII,llh,," 1'1.. .110', 1...1 """I11,'r "w, 10,1100 1'lIhh- )'ilnlli Ilf l'ultlllllllnuh'lllltlll Ullll ,1,'lIdli \'il'rt! rt'nulVl!t1 hum lWI} InK- 1"".11,1.., '\",.11Il'"1111 ,hi. .1111 w.. 111111.10,.1 ",llIg hiur"III"II.IIIIIII" .10,.11"1 Ih. ,,"111.11I111.111., '1',,1...11' IlIvul", ,h" 1011'.1 "Illlllllllllll, IlIlh. d"IlIl'ul' .11"rl' ., SI'CC II u".wlllloHI '\'\,I.."y 1111",1 (UAII), ""11I' 1'""',1 ul"....I"III".III, U. well II' N.v,. El'A .,..1"",,, ullld.I., h.. h..1I [orml.,III) revil'w llIUll'1I11111lL'11' nil lIIar dl'ull'up udivitll'rlo 'twenty.fiyu 11I,lIvlolll.l. "'''''''11, r"I"'....""I... 1oM'.I"UIIIIIIII"II, u"lh" IIAII, '\1le lIAII"lI"" ""lIIlhly .11,1 .1I111"ell"II' .r' ullO'"IU 1110' I'"blle, 'I'br ..lIr" In th~ 'Hllil Y~llr. Puhlic Work..' In,llIl\lh1! rurl'l'lI l'lIlUIlh'h'(1 IIIl1rl' 42.000 hnll,. of rcnlJ\lllthlllll ullllmillllr l'IHllilrlll"illll. 2:'.UUn htlllr" IIr prove"ll.. ,,,.I,,le,,.IIC. ,11\ l.dll,Io', "'lull'''lO'nl. ~5,01l0 h"",, 'If Itllolling job urll!.!rll (r!.!ctlrring wurk IUlI'll III l'rllIlK l'II'Iing, 1I1I1II\tl'I\l1111'1' of eye wu,fih li'lllhmli. 11\lIW rl'nu)\'IlI). 2~,l)()() htJurK Ilf 1'IJII'q~('tll')' wr\'kl' work, unll lO,I)()O hunra on 1II1)'r','Ii, SOIll' III Ih. rn.Jllr pro)ec" 1",'III,I"III'lIO "Ill,'" ""h."",'rn"","",1 .....huu""'....'llIce cu"verolllll"I .p."" h. 11:\0:1 .,,,1 21(,. More .hun 3.226 tonll of IrIlllh wer!.! llllil)lIM'11 1)(. ullll !)7n hlllll I)f Clrdho.rd .11,1 :1:11) tun. ul 1'.I",r were r"",.-I",1. T..I a"d courier ""rvle.., 1,111' 5 11I.111111" .,1 2711.10'1" IM'r .I.y ""r,' condUCled. s..."",lour ."hll.rt-e"glll"er .,,,,,Ir."" 1,,1.llnll S 1,0:\2,(~m w"r" admlnl"ered, I.ellllQllng .ward 01 HI ell".III1'" lu" .'.mlr.d. VllhlO',llIl . 22 mllllo", '\1.".. Indlld. 1".*'1' 10 rel,I.". .h. .10111111 0" hlllloll"ll" ~lol, 30'), :1l0, :11I, .nd :11~11.,,,I"'II,I"1I bllllollll~ :\0'), ,h" M.I" 1;11'" .nd lorrner N..y \.,dg'i re,,"v.'e hulldll.ll" ~Or., :\07, 11",1 :\OI)II"uvlol,' . halldle.I' ."".11 10 ..rloll' '..11I11"'1 r"I,I."" rll"l. ,m Iollllollllll" :111",1 ol,and co".lruel .11 .d,lIllo"I"lh" Orllo"".' Cluh, SII..nly-lIve I'.dllll.. SUI'I"'" Co"II'."I., ..hlO',1 ., $ 2,7711.1100, prllvlde ..rvle.. .ueh .. 1."lInrlill, """rlur 11,,,1 1lI,.rlor hlllloll,,~ p.'"I'n!, roof rtllu,lr., put hole rl'(JlIir., IItrl'ct IIlllrkinK. rllilrlUul rl'lllllrll. and Il.beahl. r~Ifll)Yl\l. ClInrlu.lun Publl" Wo,k.' "11I1'10""" 1...lh,... ,h.' 11I.1"1111,,1"11 .",1 IlIIl'ruvllIll hUIII' fudHth~fi unll '"uupurtll'hIU ti)'lih'IIIIlUrl' WlM' in'r"'II'mrnh in nur '11l.1I1, ur III,', Mlllnll'IHII\l'I' IIf nllr huihlln~, rlllllh" rl~IIUI\lul Ilf tilUIW IUld hoc. unl~ till' Iimnulh run(~IilltlillM: IIf lrunlillorlnlhlll. wluh.!. I61.>WUKC! IUlII Irulltl. '1'11I11\'''' IiYKh~ntli ('un l'ulllly III' ,,,kl'll fur K'llnh'I~. Puhlh: WIU'.II WI.ek, Muy 21.27. "'I'u~nir,I'11 ,hi' nUl" ulul "'lIm!.!n who \II'urk IlImll'IlI'h .lllY II) mulntllin luulllll11rll\ll' ,I\I~ K)'lIh'lU" unll \IHul ....r. \,kl.1t Ihllt "rnll'I'1 II\lr hl'ulth. ltilfl't~., lllllll'lllllfllrt. I:o"'~" ..... 1:01","" Ads 1MI' . tNWfl~"'I."'.n4""'I'''Il'llll.tlll.II'''III,\' UW"lWtllllll',..I'.h".Il....'..ull,II.1 Ull W, .flnT. "A"flU I \'wllf.,.....I"1 Ii"", ~'611"~ 'Y..-J' .,w I.... 1'11'111", IUt l'l,Illdllilm "' ~I'r n... MUIM I'AIIIIMII: .~....I.....,j..&r,'1I1..31..ft.I..lhu"1~11..1 ~.,IJRI",1I4M...j".nIl..a.uI..I... 1II,lIi11oj, 11I1\hAII' . ~Ui'. ..hll. ti"tll~ll,,."mli.llltt..-t. 'IIr....' ..,..It'u,,~&ljlJlt.llllhll.I.I',I..lllh,.4 "-*.., .Il"" I~U. 1t.lb~ih;l. 'l~, 11' ,JlIIlIIlUlIll. bmlJh, n~A. 1',,1<1 "..., IW! linn, 7b63t~. .11" I), .486/tX 1'I.I'h,4 11,11 I"':, 11IIhUlI h1!JlJMU tw.N .,hft,d.lUIJI. ~I~ en III)M, ClltAM, If! WIIINn4t1ld.~l)t!)l, . ...."",., ..hh.'U'.np ~l)l. "llnN,It>> .h.II' IttlWr, ~hll.n. :./.WMIN. I" .hll~'''I'' ,1,,,11,,,, 11..111 III'U ..m", "II flU borlllllln lh1t1t71~t .11,,4 . "..." '''~, M.I, ."".1.., '""II, 11111, 11111, ,....II, '11'1,1111"" ,111"1" till, 'un. ~4 I '111" '"K, lhb71J1 I 'lutIJIM. I~H.U.'. \"It"'" ,.,.1 ~II.'~, ,-1l,,1 1I"llIl,n.IlI', lUIl~1 jhhMI.t. .h'l /1 "\110111 ..\..1111I1,1111111'1 U-'JolI, ~41"II,I"I'II'UI.. 11)l1.71l1,HUl. . ~ .."WI" I,I~' ...In, 1..llIlIH, "1 "I (lllld llrl ,.), t ",,'IIUUI 11111,.., IU'~I "II,. I Ulllt, JI,"I~lJJ ~ 3 .jlld,,~ 1""11I ~I, .,,.,,1111"1lI"., J 11".1.1,11" IIUII,. . 1111,1""" IIMI, 1....1, u....1 'IIHrltJJ. ..7f.lt.M'ltmh..Il."I'h.II....,'..II, 1'1. IJ ",,,11.I 111...1. 1II.llt r~lll., III'" 11'UI~1 t 1111 '117,".11IO .1\0.....~ 11I.,11111' 111111'1, ,.. ._I,Ul"1. "Hit 1I....J,IIl'l,m"rrJ ,V."HHI.u ~111If11,I.hl,A 111I1,.11,1,. Ifjjll/i!,' h"... 2. ,'I'JMn... M"rlll"",,,',17 '11111 J 1111" 1..111.... ,1111,.111, I",. 1111 III M..II,"I.,II"'", '11"" '"1101 i'r,$IN The U.S. flag, Navy tradition l:n.II"..NI ""..I~.. . ..nlll!tl, '1111,,)ulllll'll'I 11I'1a1 1111111 IIII' 111111 IIl/h' ur I'lIrr)' 1111 h 1"'111'11, t:l\'illllll l'IIIIIIU)I'I'" utili milll",> 11"I"l~1I1l11l'1 UIII ill ulIlrunll ..hull IIIIII1II..lnJl~ht 1I1111l"ul','IIIl' f111j.t. ill' IIIP Iollurn' urllw Uluhh' Ir till' II,IU lit 11111 III .l~hl, 111111 till IIIl' Iirl'l 1I11h,ur 1I111'UIlllllt ,tllll'I' IIll'lr ,llLhl IWlul U~I'r Ilu'lr I..'url, kl'l'l'ill~ lhill I'llhi' 11I1111 till' 111111 nult' Ilf I'UH)' 1111 iJ .lltllllll'll, H" IIUII) I~ ~H'llrlllllllllill,11l' will P'lIll1\'I' IIII' hOl' "11h hl"l~hl hUII,1 01,..111101"" \I Oil hi. Id, .h,,"IoI,.,. Thl. 1'''''' ..h"II"1 IJoI' 1I1111111UIOl'.t 1111111 11\1' , ILI~t nUll' IIr I'llrr~ IIH III "11111111.'11. 1)1)l'l' flHI 1'1111 hI 1'llllIn I tllllllll... II 1811 hU'lldl Ilrl"hllll'lIl' III III "'III III II rLIl1\lII'bl'lIl'l' 111111 Ilr I 1I1It Ill' II htlll,JiIl~ lit U\'IJ\l1 I hi' I l'rlll"'lllI"'~ n'lllIlu'lt 11I11'1' n'h'lI' tion lto ~1l1l1l\t.'11 IIIHI nll~ l'lIlI rl I" I ~il'h hhlJIII,1 III' IJhU'r\'l'11 until I I I I 11;1: ...,hr. .. ,hl'l. 1,u "lot, r" .....,1, l.r,lUIIIIII, 4~111NII 11iatlllJll' ..11,"11111, Un, ,tJ7117h;! 'nlllrll',Io'l'dn~/,.....I.I;t.'1,IJIlI,m'lIllll. /0111.1 I"H A 1,1.111.. hl,l" .;!~, "; IJIlI, rl~' IIldl,\f. 1",.ld, UII 'lHM7'lI '''n'' ""UII"J/' ""h". IhlldHlll, "..II wllm"I' drt", 'I"~IIIIIIII 111.'1 in.11I7 ~ l\u\II'1f' 1Il4 L'/ .tIll' "h",I., I \II,. V,/I.Uhll . 3 lilt. III, 1111, ~lt"IrU. I hlt.lI.ndl, .10111I, '"1'''11. All:. frill ,~I ,"..1 "lit.. 1"111", IllJl,I'II,II"I~.IlN.'~lIt 7.11111'1 - - - -Frn Cii.~I.d Adi - - - ..... Th. Meclllln'WI will publish".. t1S8II1Il.d 8dlllhal ,elate '0 teol or per. lonll property or servletll off, red bV Bnd lor pellsonn,1 ollho ,'oval and de'en.. aellvlll" at Mlehonleaburg. provldod aueh ndveillalng rep'o, ..nil an Ineldlnlel e~eh.ngl between pereonn.1 ollh. delen,. .'101,. lIahmlnl and nole bualn." operellon, Ada 0" IImll.d to '5 word', 0'" 10 en emplovee. and o,e due In SPCC Public Affolra Ollie., Code 003, BldQ, 311.1. BeV C.14, prio, \0 noon Mondev. Junl 12, Alloda mOl.' U. lubmltted on ad coupons and mufti be signed. AddlUol1ollV. your 610n.1' lurl below .lgnUIIII tho.l houlllng 011, red lor ule Iii o\lolloble 011 B non. discnmlnetory busll, E"tenslonl lnaV be uled on tur pool Bdll only. rOf all olhera. UI' your home phone number, Adll ore printed on B apace. evelloble baal., ~ - ~ ~ ~.. .. .. - .. .. .. .. .. .. .. ...... .. .. .. .. .. .. .. .. .. .. .. .. .. .. - - .. . .. - - .. .. '" - - .. .. ---------------.-----..-----------------.---..--- -------..-----------------.-----------------.------ Submllted bV ......---- --..... --. ---- ..--- - - -.. - - - - ----.- Cod. .....,....... _. _ _..... __. E~1. -.. --......... -...... - -- - - -- -- .....------------ I I I I II II I I II \ THE: mE:~HanE:llI~ SIIII'8 rAlI1'8 CONTROl. Cf.NTF.1I Mrch.nh:.bu,.. l~nn.yl".ni. 17055-0788 11,1. new.p.per l..n ,ullulrltrd pllbllull'Jn '.)r mtml~tlllf Ihl' IIIIUury ler. ,Ire .nd ('1,III.n pc'uonllrl,,( Ih. almm.niJ. .nd .rll,lllrt luc.tell al lilt Na,y Ship' ltarll Conlrol Centltf, 1',0. DOl 2020, Mechanlubur,. JlA 1705.\-0768. T'~ M,d,IJ",U41. printed oomnltrdaUy. h. ront.nl. .J'l nol nru...rU, rtnll'clthr ornel.t vltrW' of th~ U,S. r~".rnmtnl,lhe U'lllrtmrnlllf ueren~,lJr Ihr \1.8, N4'Y .nd d., nol Inllll, endorarmenllhuwf. '11' rdilorl.1 clllll'n' 1.11 thl. nN" paper I. pr'p.r,d, edlt.d, and prcwlded by 'he l'uhllc AUal,. ornr'llr SPO.;, Th, :5II(;C .:dltorl.1 Stdr I. m.de up or J.m... t: NI,b Jr" U,Irba,. J, l\o.ru. kllh, S, Ad.m., ,,,.1 t'redultkl.olll. Nav'I.lo, A.dh'I', Co.......... omrl'r Ship. I'-flt Conlrol (:'''Irr. . . . , . . . , , , , nAUM IUI, Mhchrll Jr" SI;. tJSN fled Malul.1 SlJl'IHlfl OWn., , , .,."., , ,CAI)'.. A.J, l'rtlf'r.,n, SC, \ISN n.renar lU.lrlhullon nrlllnn .:.., , ,.., , , .' . (~,I, J.e, IUnrh'lIKh jr"IIS" NAVS.:AU)f;r..:N,.."., , , ,. I""", CAIl'l' n.f),lh..lllIl'.hlll, Sl;, IISN l>ISA UMC . . , , . . . ... , . . . . , , . . , , , , .. , , lIirrd.lr E'A', T,n'll\)I'1111 U1'SUO, MrdullIlnlultl!. , , , , , , , , , , , , , .'. . , , , ' , , . 111'1'1:1'" lA, IItlulll'Y I'MI) UII i.. ~lIl1lllh'll. 11I0I1\1011II,1. "1"""1111<< ",hkl<.. ""hili ,I~III '" III IlI'u,llI<< ,II.. 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I, PURCEI.L, KRUG & BALLER 1719 NORTll FRONT STREET HARRISaURGb PENNSYLVANIA 171 2,2392 (717) 234.4176 h October 16. 1996"" Billed through 10/18/96 Bill number 501866.07467.013 JHW Connie Sholl y 1 West Green Street ~hiremanstown. PA, 17011 RE: Miscellaneous " Credit for prepaid funds FOR PROFESSIONAL SERVICES RENDERED 08/25/95 Office conference with client. 09/14/95 Visit Court House to review Estate documents. 09/14/96 Telephone conference with client. 09/14/95 Telephone conference with Attorney Lederer. 09/14/95 Correspondence to Attorney Lederer and Attorney Baturin. 09/18/95 Telephone conference with client. 09/18/95 Correspondence to Attorney. 09/26/95 Extended telephone conference with client. 09/26/95 Telephone conference with Attorney Lederer. 10/11/95 Telephone conference with Attorney Baturin. 10/11/95 Telephone conference with client, 10/13/96 Review correspondence from Attorney. 10/17/95 Teiephone conference with client. 10/20/95 Extended telephone conference with client to review lists of personal property. 10/20/95 Draft correspondence to Attorney. 10/24/95 Revise draft of correspondence to Attorney. 10/26/95 Telephone conference with client. 11/01/95 Review correspondence from Attorney. 11/01/95 Telephone conference with client regarding correspondence from Co.Administrators. 11/03/95 Office conference with client. 11/06/95 Telephone conference with client, 11/06/95 Telephone conference with Attorney and telephone conference with client. 11/09/95 Legal Research regarding Replevin action. 11/10/95 Draft Complaint in Replevin. ., I;, W' 1','1, $ 260.00 CR 1. 00 hrs .75 hrs .26 hrs .25 hrs .35 hrs .25 hrs .35 hrs .25 hrs ,20 hrs .10 hrs .20 hrs .20 hrs .20 hrs .60 hrs .50 hrs .30 hrs .10 hrs ,20 hrs .20 hrs .40 hrs .25 hrs .25 hrs ,80 hrs 1. 50 hrs ... I , , . Connie Sholly PAGE 2 B 111 number 501855,07467.013 JMW 111 10/95 Telephone canferencll with client. .20 hI'S 11/10/95 Revise Complaint. .06 hrs 11/27/95 Draft Mo\ ~on. Notice and Oond. .75 hrs 11/27/95 Two telephone conferences with client. .20 hrs 12/06/95 Fuxlld corresllondence to Attorney for service of the Order. .30 hrs 12107/95 Le~al Research regarding Dead Man's Act. 1.50 hrG 12107/95 Of Ice conference with cl lent. 1.60 hrs 12107/95 Prepare testimony for witnesses and telephone conference with Merv Cook. 1. 50 hrs 12/08/95 Preparation ef Brief. 1. 75 hrs 12100/95 Preparation of Answer to Motion In Limine. . 75 ~rs 12108/95 Attend Heor'in~. :.1.75 rs 12/13/95 Telephone con crence with client and faxed correspondence to Attorner' .25 hrs 12119/95 Correspondence faxed to A torner. .10 hrs 01/l'4I96 Telephone conference with cllen and telephone conference with Attorner' .20 hrs 01/19/96 Telephone conference wi h client. .15 hrs 01126/96 Correspondence to client, .10 hrs 01129/96 Telephone conference with client and memo to file revarding pick up of personal property. .20 hrs 05/14/96 Te ephone conference with Attorney. .20 hrs 05/15/96 Correspondence to client. .20 hrs 05128/96 Office conference with client. .40 hrs OS/28/96 Draft Reply to New Matter. .40 hrs 05/30/96 Telephone conference with Attorney; revise Reply to New Matter and corres~ondence to Judge. .50 hrs 06/03/96 Telephone conference wit Attorney. .20 hrs 06/04/96 Telephone conference with client. .20 hrs 06/20/96 Draft Pre.Trial Memorandum. .70 hrs 06/20/96 Revise and finalize Pre-Trial Memorandum. .50 hrs 06/20/96 Telephone conference with Court Administrator and correspondence to Court Administrator, .30 hrs 06/24/96 Attend Pre-Trial Conference. 1. 50 hrs 06127/96 Correspondence to client. .35 hrs 06/27/96 Correspondence to Attorney and draft Interrogatories. 1. 30 hrs 07/01/96 Telephone conference with client. .25 hrs 07/26/96 Office conference with client to review Discovery requests. 1.20 hrs 07/26/96 Prepare Answers to Interrogatories. 1. 30 hrs 07/31/96 Tele~hone conference with client. .20 hrs 07/31/96 Fina ize and mail Answers. .30 hrs 08/09/96 Review correspondence from Attorney. .20 hrs 08/29/96 Extended telephone conference with Attorney. .40 hrs 08/29/96 Correspondence to Attorney and correspondence to cl ient. .30 hrs 09/05/96 Office conference with client. 1. 20 hrs 09/05/96 Correspondence faxed to Attorney. .35 hrs , . II~ ,If .' Connie Sholly B111 number 09/05/96 09/08/96 09/09/96 09/18/96 09/19/96 09/20/96 09/20/96 09/20/96 09127/96 10/02196 10/03/96 10/03/96 10/03/96 PAGE 3 501866,07467.013 .JMW Ileview correspondence from Attor'ney. Telephone conference with client and correspondence to client. Correspondence to cllent. Prepare for depositions. Attend Depositions. Telephone conference with Linda Zisman. Telephone conference with client. correspondence faxed to Attorney. Telephone conference with Attorney. Correspondence to client. Review correspondence from Attorney. Correspondence to client. Correspondence to Attorney. .20 hrs .20 hrs .20 hrs 1. 20 hrs 13.01) hI's .30 hrs .20 hrs .30 hrs .20 hrs .30 hrs .20 hrs .20 hrs .20 hrs 62.66 hrs $ 6.266.00 Total Fees for this bill COSTS AND EXPENSES 11/13/95 Prothonotary 56197 12/08/95 Prothonotary 55692 46.60 2.00 .......... $ 47.60 Total Costs & Expenses for this bill BILLING SUMMARY Jill M. Wineka TOTAL FEES FOR THIS BILL 62.65 hrs 52.65 hrs 100 /hr 5.265.00 .......... $ 5.256.00 TOTAL COSTS & EXPENSES FOR THIS BILL TOTAL OF FEES. COSTS AND EXPENSE3 LESS PREPAID CREDIT TOTAL AMOUNT NOW DUE $ 47.60 .......... $ 6.302.50 $ 250.00 CR .......... $ 5,062.50 .. ~ ,. PURCELL, KRlJG & ttALLEll 1719 NORm FRONT sTREET HAllRISIlUllG. PENNSYLVANIA 17102,2392 (717) 234,4178 . FAX 233.1149 May 5. 1997 Ililled through 05/05/97 Bill number 501855,07467.019 JHW Connie Sholly 1 West Green Street Shiremanstown. PA. 17011 RE: Miscellaneous Account balance as of bill number 013 dated 10/18/96 Payments received since last bill (,ast payment 02/06/97) Net balance of account $ 6.302.60 $ 960.00 "........ $ 4.362.60 FOR PROFESSIONAL SERVICES RENDERED 10/17/96 Telephone conference with client. .20 hrs 10/17/96 Correspondence to Attorney. .36 hrs 10/17/96 Correspondence to client. .20 hrs 11/25/96 Correspondence to client. .20 hrs 12/12196 Telephone conference with Attorney. .20 hrs 12/16/96 Telephone conference with client. .25 hrs 12/20/96 Prepare Statement and correspondence to Linda Zisman, 1. 00 hrs 12/20/96 pre~are Statement and correspondence to Bob Sho ly. .70 hrs 12123/96 corres~ondence to client. .20 hrs 12/23/96. Two te ephone conferences with client. .30 hrs 12/23/96 Prepare new Pre-Trial Statement. 1. 50 hrs 12/31/96 Correspondence to Attorney. .35 hrs 01/01/97 Review file ~nd I~otion in Limine in anticipiltion of Pre-Trial Conference. .50 hrs 01/02/97 Attend Pre-Trial Conference. 3.50 hrs 01/08/97 Correspondence to client. .30 hrs 02/12/97 Correspondence. Acceptance of Service and Subpoenas sent to witnesses. 1. 00 hrs 02/12/97 Preparation of client and witness questions for Direct Examination. 1. 60 hrs 05/01/97 Correspondence to client with Subpoenas. .50 hrs Total Fees for this bill 12.B5 hrs $ 1.285.00 ~ ... -. Connle Sholly Bll1 number S01866,07467.019 JHW COSTS AND EXPENSES 02/10/97 Prothonotary 666~9 06/01/97 Prothonotary 67939 PAGE 2 16,00 18,00 ..,.,...... Total Costs & Expenses for thls bll1 BILLlNG SUMMARY Jill H. Wlneka $ 34.00 TOTAL FEES FpR THIS BILL 12.B5 hrs 100 /hr 1,285.00 '......... 12,85 hrs $ 1,285.00 TOTAL COSTS & EXPENSES FOR THIS BILL TOTAL OF FEES, COSTS AND EXPENSES NET BALANCE OF ACCOUNT TOTAL AMOUNr NOW DUE S 34.00 ............ S 1,319.00 $ 4,352,60 ........... I $ 5,671.60 , " ILhIf'I'H\I;"L.'. ,),.1 I'~-;> !,p! J 11' 'I' i,j;J'rJ 'q,".1 , ' I' IiI' ,->,"il'.',' "~I -'I i I . t' I ~"-' ""_I-- CONNIE L. SHOLLV, Plalntil!f IN THE COURT OF COMMON PLIllAS CUMBERLAND CO., PENNSYLVANIA NO. 96-6476 Civil Term v. MICHELLE S. McNEAL, RONALD C. VANTZ and CLEMENS A. BANGERT, Co-Administrators for the ESTAT~ OF DONALD L. BANGERT, Defendant CIVIL ACTION - LAW ACCBPTANCB or SBaVICB I, JOHN McNALLY, ESQUIRE, do certify that I accept se~vice of the certified Order scheduling a Hearing on the Plaintiff's Motion for a Writ of Seizure on behalf of Michelle S. McNeal, Ronald C. Yantz and Clemens A. Bangert, Co-Administrators for the Estate of Donald L. Bangert in the above-captioned matter. '-- Datedl , I ': "i-"'~'."~ ...q......w.,~"~ j...,u, .'..... ..,". -,-< '\ , , .-.-......",. , " ,\ I " I" ~ G 'j' .::. :'5.r J . : if: .1:J.k. ~~ r:r! co 9~1 rl; , ':(l1 ~#1 fi1 laM & tR ~ II' ! I ~ olj ~ ~ S i:> ~ ~ 0 ~ jtll";~ ~ i " ,." ....... .... "'!, , ~ C'1> jl.jl 'l~j'\1 'II ' 1~IIIIJ 1 '. . .it Jj m~.lq~,il1f8"I;!'j ~.Ii"rl;iiil,'~'il'ihfl"""I'I':'-I'I""'" ' ;m'JY.t~~;,-t rlml CO':I'!'!I!', 1"',I"!!.l j'" '-/":rl' .'jliili, , .'.'.. " f.' ./;" -,,_ i. .' ,. - :t~r"-' ,'r' '}(i';' t" J , II! ';',1,;11;,"'- :"'''F ','- i'" ".;jJ -':, I.;" '\'\'l'-i,/'f'i" .,"'\ ....:J ._..~'_L...'-L~..:l'iL_~;" 'I i I ~"-I v. I IN THE COUR'l' OF COMMON PLEAS I CUMBERLAND CO., PENNSYLVANIA I I NO. 9~-6476 civil Term I I CIVIL ACTION - LAW I I I I CON"11 L. SKOLLY1 plaintirf KICKILLI II. McNEAL, RONALD C. VANTZ and CLlMENS A. BANGERT, co_Adalnletratore for the ESTATE or DONALD L. BANGERT, Defendants ,..,.RY or u,nUJIOI TO THS PROTHONOTARY I ~indly enter the appearanoe of the undereigned on behalf of all Defendante, with respect to the above-captioned action. Dated I \'t\~\qS . J~8, SMITH , DURIIN P.O. BOlC 650 He~shey, PA 17033-0650 (717) 533-3280 Attorney for Defendants I ,; ~ C") i]; ~ -. .. "1 - ~ ~~ :It: I.. r ~ ,l.. (.i ;;\ " I" ' .. ." : ~ t.~J ::t: I t'~"; , , .~ ~1 1l[E l!J ~ ~ d .,,--f .- ~ ~ i Q ~ ~ oll ~ ~ & i ~ ~ ~ c ~ ~ Vl. ,.; ~ ~ . ~ i .... '.-. v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND CO. / PENNSYLVANIA . I I 110. 915-6476 civil Term I I CIVIL ACTION - LAW CONNtl ~. SHOLLY plaintiff ,\ MICHILLI 8. McNEAL, RONALD c. VANTZ and CLlMENS A. BANGERT, co-Adainietrators for the'ESTATE or DONALD L. BANGERT, Defendants : I /, , , i' \ 'i , I, JlPTICI TO ILIAD TOI connle L. Sholly and her attorney Jl11 M. wineka, Esquire "Ii'. I YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Datedl ClW75 Respectf ( BYI JAMI , SMITH , DURIIN P.O. Box 650 H.rshey, PA 17033-0650 (717) 533-3280 Attorney for Defendants CONNII L. SHOLLY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLIINP CO., PENNSVLVANIA NO. 95-6476 Civil Term CIVIL ACTION - t~w MICHBLLI S. MoNEAL, RONALD C. VANTZ and CLlMENS A. BANGERT, Co-Adm1n1.trators for the ESTATE OF DONALD L. BAIIGERT, Oefendant DlrIHDAHTS' AHSIIR WITH HI' HATTIR TO PLAIHTlrr'8 COHPLlINT IN RIPLIVlI AND NOW, come the Defendants, Michelle S. MoNeal, Ronald C. Vantz and Clemens A. Bangert, Co-Administrators for the Estate of Oonald L. Bangert, by and through their attorneys, and answer Plaintiff'. Complaint in Replevin as followSI 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, the Defendant is without knowledge or information suffioient to form a belief as to the truth of the averments of paragraph three (3) and striot proof of the same is demanded at trial. 4. Denied. After reasonable investigation, the Defendant is without knowledge or information suffioient to form a belief as to the truth of the averments of paragraph four (4) and striot proot of the same 1. demanded at trial. 5. Den1ed. The Plaintiff did not live with the Deoedent but instead had maintained her personal residence as stated in paragraph one (1) of her Complaint. By way of further answer, see New Matter below. 6. Denied. With the exception of a few articles of clothing wh10h were returned to plaintiff, the Deoedent, as fee title owner of the res1denoe in question, was in possession of ell such g~ods at the t1.e of his death and therefore believed to be the owner thereof. By way of further answer, see New Hatter below. 7. Den1ed. After reasonable inveotigation, the Defendant is without knowledge or information suffioient to form a belief as to the truth of the averments uf paragraph ~even (7) and strict proof of the ea.e is demanded at trial. By way of further anBwer, to the oxtent that suoh items were found at Decedent's residenoe at the time of his death, suoh are believed to have been owned by the Decedent. 8. Admitted in part, denied in part. While it iB admitted that the oo-administratoro are relatives of the Decedent, the same deny that their contact with the Decedent was limited as such is charaoterized by the plaintiff, and strict proof thereof is deman~ed at trial. 9. Denied. The locks to the Decedent'B residence were ohanged at the county Coroner's suggestion after the Decedent's funeral. The Plaintiff was given the opportunity to remove items of personalty on Hay 29, 1995. To the extent that items listed in Exhibit "1." were in the Decedent's residence at the time of his death, such are believed to be ~ersonal property of the Decedent. 10. Denied. It is denied that the items of personalty listed in Exhibit "B" are those of the Plaintiff. To the contrary, said items were in the exclusive pOBsession and control of the Decedent at the time of death and are therefore believed to be as among his personalty. By way of further anBwer, see New Matter below. 11. Denied as stated. While it is admitted that toere was dial09ue a.on9 the plaintiff and Defendants regarding Deoedent's ownersh1p of personalty in the pOBsession of the DefendantB, it is spec1r1callY denied that suoh discussions may be characterized as negot1at1ons with regard to personal property of the plaintiff, and strict proof th.reof is demanded at trial. 13. Admitted in part, denied in part. It is admitted that pldnt1ff has made oral and wt'itten requests of Defendants but den1ed that they hold any of her. property. See New Matter below. 13. Admitted. By way of further answer, the items have been removed from the residence to secure ftnd protect same within the scope of Defendants' responsibility. 14. Denied. It is speoifioally denied that D$fendants seek to sell 1tems owned by the plaintiff. 'fo the llxtent that plaintiff claims ownership of items such is denied as a conclusion of law for Which strict proof thereof is demanded at trial. 15. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph fifteen (15) and striot proof of the same is demanded at trial. 16. Denied. After reasonable investigation, the Defendant is without knowledge or information ~ufficient to form a belief as to the truth of the averments of paragraph sixteen (16) and strict proof of the same is demanded at trial. 17. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph seventeen (17) and strict proof of the .am. is demanded at trial. 11. Denied. The averments in paraqraph e ight.en (18) are concludo". of law to which no responsive pleading i. deem.d n.c....ry .nd are therefore denied. 111. Denled. Items of personalty present at the above- ref.r.nc.d r.ddences have been properly seoured, and no publio auct10n of the contents is pending. It is speoificallY d.nied that pla1nt1ff w111 be adversely affected by the Defendants' oontinued posse..ion of said property. To the extent that plaintiff allege. that the Defendants have possession of her property, Iillch 1. denied as a conclu.icm of law and strict proof thereof is demanded at trial. 20. Denied. Defendants has returned to plaintiff personalty beli.v.d to be that of Plaintiff. 21. Denied. The averments in paragraph twenty-o:1e (21) are conclusions of law to whioh no responsive pleading is deemed necessary and aro thereforQ denied. 22. Denied. After reasonable j,nvestigation, the Defendant is without knowledgA or information sufficient to form a belief as to the truth of the averments of paragraph twenty-two (22) and striot proof of the same is demanded at trial. 23. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph twenty-three (23) and strict proof of the same is demanded at trial. WHEREFORE, Defendants respectfully request that this Honorable Court enter jUdqment in their favor and against Plaintiff. It.. MATTU 34. The answers in paragraphs ono (1) through twenty-three (33) above are inoorporated herein by reference, 35. At the time of Deoedent's death, he was the sole fee title owner of the premises known as 1619 south York street, Meohan1ceburq, Pennsylvania. 36. At the timo of his dOlSth, Decedent was the equitable owner by will of his mother and had eKclusive dominion and control of the premises known as 2816 Butler street, Harrisburg, Pennsylvania. 27. At the time of Decedent's death, Plaintiff wa~ neither a legal nor an equitable owner of the real properties referenoed above and did not have possession or exercise dominion control over said premises. 28. All items averred to be in the possession and control of Defendant., aD attaohed as Exhibits II A" and "B" to plaintiff's complaint, to the extent that they exist, were located at the abov.~referenoed premises at the time of Decedent's death. 29. To the extent that the items listed in Exhibits "A" and "B" to plaintiff's Complaint eKist and were present at the premises referenced above at the Decedent's death, such are included in an inventory of the Decedent's property. 30. Defendants were granted Letter.s of Administration from the Recorder of Wills of Cumberland county on August 21, 1995. 31. Deoedent, and therefore Defendants as co-administratore I, " of Decedent'. e.tate, have an actual riqht and inter.est 1n the result of th1. matter. 32. The 1nterest of the Plaintiff is adverse to that of the Decedent, and therefore the Defendants herein as oo-administrators of the Decedent's estate. 33. The r1qhts of the Decedent have passed to the Defendant. as Decedent'. oo-administratore. 34. plaintiff ill not oompetent, pursuant to the Dead Man's Aot (42 Pa.C.S. 55930), to testify as to matters which ooourred prior to the Decedent's deBth. , ( , ~I, " \ ) , , ;;1 ~; " " , if " 'I II' (',' -t WHBRl!rORl::, Defendants respeotfully roquest that this Honorable Court enter jUdqment in their favor and aqainst Plaintiff. /~ RespectfullY/I!!' bmitt~2 I!S, 811I~ ~ u.iIN I Date4. ~ ESQUIRE P.o. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorney for Dofendants UJU'J:o~'1'J:OII The un4er.igned, MICHELLE s. MoNEAL, as representative of all Qf the co-adll1niBtrators of the Estats of Donald L. Bangert, hereby ver1f1e. that the faots set forth in Defendants' Answer and New Matter to pleintiff's complaint in Replevin are true and oorreot to the be.t of her knowllldge, information and belief and further state. that false statements herein are made subjeot to the penal tie. of 18 Pa, C.ij. Seotion 4904 relating to unsworn fal.ifiaat10n to authorities. ~/"~t (f, l.!,f.(; }(-4.1 ICH LE.S. Mo AL " I .# >- .... F.;: .. .... .- n::'i " I~ ::r: "'. ~Il u... ~~1 CI:I I ~~ ~ ~ t; Ln '" ; I Q ~ un j j "i' , ; ,. CONNII L. SHOLLY, plaint i ff I IN THE COURT OF COMMON PLEAS I CUMBERLAND co., PENNSYLVANIA I I NO. 95-6476 civil Term I I CIVIL ACTION - LAW I I I I v. MICHELLI S. McNEAl" RONALD C. VANTZ and CLEMENS A. BANGERT, co-~dmin1.trators for the ESTATE OF DONALD L. BANGERT, Defendants DBrIHDPTB' RISPOli.. TO PLAINTIrr' S ~TIOH 'OR WRIT O. SIIIURI IPA.R.C.P. 1075.11 AND NOW, come the Defendants, Michelle B. McN$al, Ronald C. vAntz and Clemens A. Bangert, by and through their attot"neys, James, smith and Durkin, to respond to plaintiff's Motion for Writ of seizure as folloWSI 1. Admitted. 2. Denied. In that the document speaks for itself, any attempt to interpret, summarize or characterize its content is speoifically denied and strict proof thereof is demanded at trial. 3. Admitted. 4. Denied. It is specificallY denied that personalty in the possession of Decedent at the time of his death was owned by plaintiff. 5. Denied. It is specifically denied that Defendants intend to sell personal property belonging to Plaintiff. 6. Denied. To the extent that i terns of personalty were within the Decedent's control and possession at the time of his death, suoh are denied to have been plaintiff'S personal property. As such, the plaintiff will not be adversely affected as to J. .' . "\ b 1;1 per.onalty 1n the po.session ot the co-administrators. 7. oen1.d. After reasonable investigation, the Defendant i. w1thout knowledge or information sufficient to form a belief as to the truth of ths averments of paragraph seven (7) and strict proof of the .... is demanded. By way of further answer, in paragraph sevent..n (17) of plaintiff's complaint, plaintiff oontends that the .on.t.ry v.lue of items listed of ~)(hibit "A" to Plaintiff's compl.1nt .r. estimated to ue more than $6,000.00. " I, t I- l~.' V' t'l, N, ,. (! " WHBRzrORE, Defendants respectfully request that this 1I0norable Court t1nd that those items in the possession of the Deoedent at the time of Decedent's death were ownlld by the Decedent and th.refor. properly within Decedent's co-aQministrators' possession and control. Alternatively, Defendants request that this Honorable Court r.quire that Plaintiff post bond .i.n the amount of $12,000.00 pursuant to 42 Pa.C.S. ~1075.3. II' " " \11 " :J Dat.dl n\'\\~S BYI III, ESQUIRE P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorney Cor Defendants '.-j -- PI,TI'IO.TI or .I.VIOI 1, JOHN T. McNALLY, III, ESQUIRE, do hereby oertify that I ..rved . true and correot oOPY of the foregoing Response to Mot10n for writ of .ehure upon the following below-named individual(l) by depoeitinq the lame in the U.S. Mail, postage pre-paid at Hershey, Dauphin county, fennsylvania this day of December, 1995. SERVED UPONI Jill M. Wineka, Esquire puroell, Krug & Haller 1719 North Front Strest Harr1sburg, PA 17102 ESQUIRE I, v. IN 'rHE COlJR'l' OF COMMON PLEAS ClJMUF,RLAND CO., PENNSYLVANIA NO. 95-61\'76 CIVIL TERM cONNIE L. SHOLLY, Plaint if f MICHELLE S. McNEAL, RONALD C. VANTZ and CLEMENS A. BANGERT, Co-Administrators for the ESTATE OF DONALD L. BANGERT, Defendant CIVIL Ac'rrON - LAW fM6INTlrr's RBPLY TO NEW MATTIR AND NOW, comea Plaintiff, connie L. Sholly, through her attorneys Purcell, Krug & Haller, and files the following Reply to New Mattl,rr 24. The avel'lnents in Paragraphs 1 through 23 of the Com- plaint are Lncorporated herein by reference. 25. Admitted. In further response, the Plaintiff had resided with the Decedent at the premises for several years prior to his death. 26. Admitted. In further responae, the Plaintiff had stored some of her personal property at the Harrisburg property with the permission of the Decedent. 27. Admitted in part and denied in part. It is admitted that the Plaintiff was not a legal owner of the real properties. It is specifically denied that the Plaintiff had no equitable interest in the propertiea, nor possession. The Plaintiff had resided with the Decedent at hia address of 1619 South York Street, Mechanicsburg, Pennsylvania for several years prior to his death. As a resident of the Mechanicsburg property, the Plaintiff had an equitable interest in the premisea. She also WIlS the legal owner of tht'! various items of personal p,roperty identified in the Plaint it: f' s Complaint, which were located at both the Harrisburg and Mechanicsburg properties. Within days after his desth, and prior to the funet'al, the Co -Administrators changed the locks at the Mechaniceburg property, preventing Plaintiff from removing her personal property. 28. Admitted. 29. Admitted in part and denied in part. It is admitted that the items identifi~d in Exhibits A and B were located at the premises identiEied. It is specifically denied that thu items should have been included in the Inventory of t;he Decedent's property. Immediately after the Decedent's death, the Plaintiff notified and provided a list to the Co-Administrators of the items which were her personal property. The items in question did not belong to the Decedent. 30. Admitted. 31. Denied. It is the Plaintiff's position that because the Decedent did not own the personal property in question, he did not have an interes~, nor de the Co-Administrators. 32. Denied as a conclusion of law to which no responsive averment is required. 33. Denied as a conclusion of law to which no responsive averment is required. 34. Denied as a conclusion of law to which no responsive averment is required. 2 'I " II 'I , , , , CI') ~~ Q lb ..J 5 8~ t1:) (~(..i I , t"il "' !:l W. i,1 ,I I, OONNIE L. SHOLLY : h~ THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA . . V. 95-6476 CIVIL TERM MICHELLE S. McNEAL, , RONALD C. VANTZ, and "I CLEMENS A. BANGERT, Oo-Admlnlstrators for the ESTATE OF RONALD L. BANGERT , " ~ AND NOW, November 8, 1996, the above-oaptloned case having been listed for trial without a jury, the case should be called for trial on Deoember 17, 1996, and shall be scheduled for pre-trial conference on January 2, 1997. The dete for the trial will be set at the pre-trial conference. By the Court, J. Jolin J. McNally Ill, Esquire 134 Slpe Avenue Hummelstown, PA 17036 Jill M. Wlneka, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 e,~ ~J2.cJ. II/,S\"'" ~~ ..A f. V., ""~"J~t.:~ P'\ ," "1'1"1"\ ill""" i It 1-; " '. '\ . \ \)'\' r'b S'I III \.' ,~ 1\" , " .10 W"'I'" ''-'' ..,b fV'o4'jJ,;.J11.,I".'.I' "1 'aU\:l:lo.G:l,\:1 I'PAeCll'l'\ FOP LIB'I'lHO t:AtlR .'Oll 'I'ItlAL _------.----------- - ~I.i (Mllllt lJo typewritton lint! 1I11hnittod tJl dllpHcate) P ., ", ~ ! ,\ ~~1 \,,1 I~' 1:13 '~~ :t~ ,'t 'Jt) 'I'HE plVl'l\C.X'l1I'f\lIY 01" CIM\f:lllJ\l'l) COUI'II'Y .~~ ,., "'t' 1,-. II;" ..-I r., N If; '.J './~ '.7,'~ ~~i' ..".. tom of civil ~~t. 'i~ ::j ::> .... IN PlolIJIO Hst tho followlnq clIaOl (Check 01'\1I) I {,./1 tOI: JUIIY trial at tho noxt fOI: tr.tal without a jury. ----------------------------------------- CJ\Pl'IOO OF CAllI> (entire caption nlJst be st/,ted tn full) (check (lJ1D) (XX) Civil Actl,on - Law ( ) /\ppoal fr:om flIbitl:ation CONNIE 1" SHOLLY (othel:) (Plaintiff) vs. 'rho trial list will be called on /IIld MICHEI,LE S. McNEAl., IlONAr.D C. VAN'I'Z, and CLEMENS A. BANGER'r, co_Administr.ators for the E6'1'/\'rE OF IlONI\l,P L. B/\NGEI~'r Trials COIll1YJJlCO on (Defendant) prctl:ials will be held on (Briefs ave duc 5 days befaJ:e pr.etl:ials.l ('rho pal:ty listtng this case for tl:ial shall pr.ovide forthwith a copy of the praecipe to all counsel, pursU/IIlt to local Rule 214.1.) vs. No. 95-6476 Civil _19 Indicate the attamay who will try case for the pal:ty who files this praecipel John J. McNallY, III, 134 Sip.:! lwenuc, Ilummclstown, PA 17036 Indicate trial counsel fal: athcl: parties if known I Jill M. Wincka, 1719 NOl:th Fl:ont stl:cct, Ilarrisburg, PA 17102-2392 I This case is J:eady for trial. III Date I ~12{'1~ print Na/OO I /\ttorney fOri ~fcndantB - CONNIE L. SHOLLY, Plaintiff v. IN THE COU~T OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 95-6476 CIVIL TERM MICHELLE S. McNEAL, RONALD C. VANTZ and CLEMENS A. BANGERT, CO-Administrators for the ESTATE OF DONALD L. BANGER'r, Defendant CIVIL ACTION - LAW PLAINTIFF'S ANSHBR TO NOTION IN LI~IHI AND NOW, comes the Plaintiff, Connie L. Sholly, through her attorneys, Purcell, Krug & Haller, and avers as fellows I 1. Admitted. 2. Admitted. 3. Admitted. 4 . Admitted. In further response, the Plaintiff is not claiming an equitable or legal ownership in the real estate. She is s,!.mply requesting the return of the personal property whioh belongs to her. 5. Admitted. 6. Admitted. 7. Denied. All personal property listed on Exhibits "A" and "B" attached to the Plaintiff's Complaint in Replevin are items belonging to the Plaintiff. The Decedent had no right or intereQt in the /lubj ect personal property, which is the ent ire issue at controversy. I I ~. Admitted. Obviously, whenever a ~laintiff is the opposing party and an Estate is involved, the Plaintiff's interest will be oontrary to the position of the Decedent's Estate. 9. Admitted in part and denied in part. It is admitted that any right or interest the Decedent IlliU: have had in tbe personal property would have passed to the Defendants as Co-Administrators. However, it is specifically denied that the Decedent had dny right or interest in the personal property, since the items have either always belonged to Plaintiff, Were inter vivos gifts given to the Plaintiff by the Decedent, or were items purchased by the Decedent and the Plaintiff which became her property by right of survivor- ship. 10. Admitted. Plaintiff intends to testify as to the items identified in Exhibits "A" and "B" attached to her complaint and Motion for Writ of Seizure in order to identify those items as her personal property. 11. Denied as a conclusion of law, to which no responsive pleading is required. In further response, for a witness to be disqualified as a witness under the Dead Man's Act, the party challenging the witness must prove that the Deceased had an interest in the matter at issue. Since the sole issue in the Action in Replevin is who is the real owner of t.he personal property in question, the Co-Administrators should not be permitted to hide behind the Dead Man's Act in order to prevent the 2 . pIR'1'IrICATI or 81RVICI I, JILL M. WINE~, eSQUIRE, do he~eby oe~tify that I served a true. and oorrect oopy of Plaintiff's Answer to Motion in Limine upon the following by hand-delivering a copy of same addressed as folloWlIl John J. McNally, III, ESQui~e P. O. !lox 650 Hershey, PA 17033 Attorney for Defendants ,\ RJf',) Ji M. Wineka, Esquire At~~rney 10 ~ 58802 PURCELL, KRUG & HALLER 1719 North Front St~eet Ha~risburg, PA ,17102 (717) 234-4178 Atto~neys for Plaintiff Datedl I')., I r/ '1j" I, . , CONNIE L, SHOLLY, Plainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS : CIVIL ACTION - LAW MICHELLE S, McNEAL, RONALD c.: VANTZ ar1 CLEMENS A, BANGERT.: Co-Administrators for the NO, 95-6476 CIVIL TERM ESTATE of DONALD L, BANGERT. Defendants ORDER Of ,COURT AND NOW, December 8, B95, the following attorneys hove appeared in court: Jill M, Wineka, Esquire, on behalf of the plaintiff; John J, McNallY, III. Esquire, and Madelaine N, Raturin, Esquire, on behalf of the defendants, Plaintiff Seeks the return of certain property from the Estate, which plaintiff claims is her own nroperty, Defendants contest all the property claims, The pleadings ore not yet closed in this matter, and today's proceeding i5 in the nature of on emergency proceeding, Pending final resolution of this matter. all parties agree that plaintiff may toke temporary possession of all items mentioned in her Complaint in Replevin. except the items mentioned on Schedule I attached hereto; Schedule I items will be temporarily retained by the defendants until resolution or the case, When the motter is completelY readY for triaL counsel sholl jointly notifY the court, which will schrdule 0 pretrial conference, Counsel sholl comply with all rules concerning 0 pretrial conference, " ,\ SCHEDULE I LIST OF ITEMS TO BE RETAINED BY TKEfSTATE 1, AntiQue potchwurk quilt 2, ~toinles5 steel kitchen utensils 3, Sterol', VCR, ond speuklll'~ 4, $100,00 cosh 5, Cross stitch picture 6, Butter churn with marbles 7, Roas tinu pan 8, SQuare oak table 9, Tin boot 10, Childrens books 11, Morbles in brown wooden box 12, Blanket chest 13, Long stemmed floral wine ulosses 14, Blue rocker recliner 15, Snow scene picture in frame 16. Wash stand 17, Lorge colored rug 18, Bog on motorcycle LIS.LO F_JIEMLNOLE01LND 1, Silver pen 2, New pair of blue Jeans in Sears bog 3, Plant food 4, Corry case for dresses 5, Bottle of red wine 6, Round mirror 7, Chicken feed 8, Of the four pocked boxes of gloS5ware, onlY two found, -, . " CONNXI ~. SHO~LY, Plaintiff IN THI COURT or COMMON PLIAS or cUKBIRLANU COUNTY, PINNSYLVANIA CIVIL ACTION - LAW 95-6476 CIVIL TERM v. MIcHIL~1 S. MoNlAL, RONALD C. VAKTZ and CLBNINS A. BANQIRT, Co-Admini.trator. for th. ISTAT. or DONALD L. BANQIRT, D.f.ndant. IN RBI PRBTRIAL CONrBRBNCB At a pr.trial oonf.r.no. held Monday, Jun. 24, 1996, b.fore the Honorabl. G.orge B. Hoffer, in r..pon.. to a l.tt.r from Jill M. Win.ka, B.quir., dat.d June 3, 1996, the Court .nt.rtain. thi. aonf.r.na. with M.. Wineka and John J. MaNally, III, I.quir., for Def.ndant. MoN.a1 and Vant~, and Mad.lain. N. Baturin, E.quir., on b.half of the D.fendant Bang.rt. M.. Win.ka indioat.. that a. far a. .h. i. oono.rn.d, the oa.. i. r.ady to move ah.ad for trial. Both d.f.n.. aoun..l indioat. that th.y d.sire to file int.rrogatoriee and po.eib1y take d.po.itione of on. or more witn...... Th. Court direot. that any d.f.n.. ooun.el d.siring .n.w.r. to int.rrogatori.. shall file the interrogator i.. within t.n day. of today" dat.. upon r.a.ipt of the an.w.r. to int.rrogatori.., d.f.n.. ooun..l .ha11 have forty-five day. to compl.t. any d.po.ition. d..ir.d in the aa... Aft.r any d.po.ition. ara .oh.dul.d, Plaintiff'. oOI1n..l i. dir.oted to obtain a hearing date from the Court, aft.r conf.rring with >II- . . ol:h.r ooun.1I1. Th. .... rul.. of di.oov.ry .pply to Plaintiff'. ooun..l. Pleinl:iff'. ooun..l .hall fill with I:h. Court, no 1... than thirty day. prior to th. h..ring dat., a oompl.t. ..t of f1nding. of faot and oonolu.ion. of law oovering all a.paot. of the oe... Def.n.e ooun..l .hall hey. ten day. b.fore th. h..ring to furni.h a .imilar docum.nt to th. Court. D.f.n.. ooun..l .r. urg.d not to duplioat. edmitt.d finding. of faot and oonolu.ion. of law a. oontain.d in Plaintiff'. document. By the court, , J. Jill M. Win.ka, I.quir. coun.el for Plaintiff John J. MoNally, III, B.quire Coun..l for D.hndant. MoN.al, and Vantl P It) r;,~ .':01 tl\ ilJf." r._~ ,. II .':" I, ,.;, J. ::i.. ~l~' I'\J -", roll :7 k' hr, J:I t-~'; (", '_f r ::y~ , ;i. ,.l1.1 'r;1 ':if J' ':',.J /:"" ;~ /\) , , Mad.laine N. Baturin, ..quir. coun..l for Def.ndant Bangert I ell!' L""l-U.4, (W-,.~~ut '" I J.Ia{1 ~ , , I --~.J.. ~ , . . v. I IN THB COURT OF COMMON PLEAS I CUMBERLAND CO., PENNSYINANIA I I NO. 95-6476 civil Term I I CIVIL AC'rION - LAW I I I I cONNII L. SHOLLY pillintiff MICHILLI s. McNIAL, RONALD C. VANTZ an~ CLlHINS A. BANGERT, co-Ada1n1.trators tor the ESTATE or DONALD L. BANGERT, Defendants 1 ~~ ORDIR AND NOW, this ~_ day of Defendant.' Motion in Limine requesting that plai , 1991 f be preol\lded from 1ntroduoing testimony or evidenoe regarding inoidents, ocourrenoes and matters whioh occurred before Deoedent's doath is ...."'D...WI.. ~. J. " ill' ,', , , '" CONNII L. SHOLLY Plaintiff I IN THE COURT OF COMMON PLE^S I CUMBERLAND CO., PENNSYLV^NIA I I I I I I I I v. NO. 96-6476 civil Tetm MIcHILLI 8. MoNEAL, RONALD C. VANTZ and CLlHENS A. BANGERT, Co-Administrators for the ESTATE OF DONALD L. BANGERT I Defendants OIVIL ACTION - r~w p ,.', ,. 1.I1 q '-~r'I' ;1 'iJ , . ,~, I. ") I I ) ,""M j,~I:: I ,"IN AND N:l::m:Ht::M:::e::..~:s~:::::::S ~~I::::::~ j~ldi~. ')~l' .., h (}f! Vantl and clemenll A. Bl'n;j'ert, by and through their at~rntJ., ~ Jame., Sm1th and Durkin, to assert the followingl 1. Decedent Donald L. Bangert died intestate on May 21, 1995. 2. At the time of Deoedent's death, Oecedent was th" fee simple title owner of the property known as 1619 South York street, Mechan1c.burg, Pennsylvania. 3. At the time of Decedent's death, Oecedent was the equitable of his then-deceased mother's home at 2816 Butler street, Harr1sburg, Pennsylvania. 4. At the time of Decedent's death, Plaintiff was neither an equitable nor a legal owner of the premises referenced above. 15. On August 21, 199!5, Defendants were issued Letters of Admin1.tration by which to probate the Decedent's estata. 6. On November 14, 1995, the Plaintiff, connie L. Sholly, filed a Complaint in Replevin seeking to recover items of personalty located at the premises referenced above at the time of Decedent's death. " !:~ '.i , ," I r- . " II r ~ " , . 7. The Decedent had an actual right or interest 1n the pr...nt utter and an 1nterest in the immediate result of sdd matter. 8. The interest of the Plaintiff, and not simply the t.sU.ony of pla1ntiff, i. adver.. to the interest of the Decedent. e. Th. r1ghts of the Deoedent have passed to the Derendants, as co-ada1n1.trators of the Decedent'. estate. 10. Upon information and belief, Plaintiff will se.k to te.t1fy re9ard1ng matter which oocurred before the death of the Decedent. 11. Pursuant to the Dead Man's Aot (42 Pa.e.s. S5930), the Pla1ntiff is not oompetent to testify as to matters which occurred before the Decedent's death. 12. The Defendants will be prejudioed by the introduction or Pla1ntiff'. t.stimony with reqard to matter which occurred before Decedent'. death. WHEREFORE, Defendants respeotfully request that this Honorable Court preclude Plaintiff from testifyinq as to matter which occurred b.fore the Decedent's death. Dat.d. \7...l.1/ ~.,- (' JIUII IYI P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorney for Defendants ", I , , ii, I " " ! ," ,II " " , ~ i Q - i oll ~ ~ ~ i ~ ~ ~ i v. IN THE COUR'r OF COMMON PLEAS CUMBERLANO CO,' PENNSYLVANIA NO. 95-6476 CIVIL TERM CONNIE L. SHOLLY, plaintiff. MICHELLE S. MoNEAL, RONALO C. VANTZ and CLEMENS ^. BANGER'l', Co-Administrators for the ES'l'ATE OF OONALO L. BANGER'l', Oefendant CIVIL ACTION - LAW \ \ I I PLAINTI,r's MOTION POR-WB~~BIZURI ~ PA.R.C.P. 1075.1 AND NOW, comes Plaintiff, connie L. Sholly, through her attorneys, purcell, Krug & Haller, and files the following Motion for Writ of Seizure Pursuant to Pa.R.C.P. 1075.11 1. Plaintiff, Connie L. Sholly, filed a Complaint in Replevin to the above docket number on November 1.4, 1995. A true and correct copy of the Complaint in Replevin is attached hereto. 2. Pursuant to the averments in the Complaint, Plaintiff is seeking the return of various items of her personal property which she had moved into her fiance, Oonald L. Bangert'a home at 1619 North York Street in Mechanicsburg. A copy of the Plaintiff's personal property located in cumberland County is attached as Exhibit "A" to the Complaint. 3, Mr. Bangert died May 21, 1995, and three Co-Administra- tors, identified as the Oef.endants in the subject action, were granted Letters of Administration on August 21, 1995. 4. Some of plaintiff's personal property has already been removed by at least one of the Co-Administrators from the Oecedent's home. 6. Furth~rmore, it is believed and therefore averred the Co- Administrators intend to sell, at a public or private auction, the remaining items of personal property belonging to ~laintiff. 6. The ~laint if f' s interest in and the value of her property will be adversely af~ected by the Co-Administrators oontinued possession of the Plaintiff's personal property. 7. Many of the personal proper.ty items have relat.i.vely nominal fair market value, but are invaluable and irreplaoeable to the ~laintiff. WHIRBFORB, the ~laintiff respectfully requests this Honorable Court to schedule a Hearing, pursuant to ~a. R. C. ~. 1075.1, and thereafter to issue a Writ of Seizure, authorizing the Sheri.ff of Cumberland county to seize the personal property identified in Exhibit "A" of ~laintiff's Complaint in Replevin and to place same in the possession of the Plaintiff. Respectfully submitted, IV t( )')J . Jill. . Wineka, Esquire Attot ey ID # 58802 ~URCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Dstedl 11/2 q/q,r 2 " " " CONNIIJ: L, SHOLLV, Plaint if f IN 'l'lIl!: eOlm'I' lW' COMMON l'I.IIlAij ClJM111J:1tl.1\N1J CO" f1I1lNNflvr,vANIA , NO, 'i'.';. (,'f 'It. fil),,' '''-''., v, MICHIJ:LLB S, McNBI\l" IWNALP C, VANTZ and CLBMBNS A, IlANOli:R'I', Co-Administrator>> for th~ ESTA'l'J;: 01' POIML.P I" UANOlm'L', Defendant , CoIVr" ACl'I'ION I.AW , " , . , HO~~I . tJ.l You have been sued in court, If YOll wl-ah t() defl'llld agllinll\: the claims set forth in the following pages, you mUllt \:akel /lot iOll within tw~nty 1201 daya Kfter thifl complaint ond notiotJ have bean slilt'ved, 'fo defend against the afortJlnlmtionud claimll, 1\ writtl!ln appearance stating your defensefl and objeotion>> mllnl: bl'! onl:oJ:l!l'i Bnrl filed in writing by you, the defendant, Ol- br on ,'\:t.Ol:'IIl'lY, VOl\ /It'e warned that if YOll fall to take /1Cltion /1\)11 nllt thelle olnlnlll, the cqurt may proceed wl.thout you and It judfJment for any 1l10nf.lY olaimed in the complaint or for any other claim required by the plaintiff may be entered againllt you by the COUt:t witll<lut: further no\: ice, You may lose money, property QL- othor dght/l Imllort/1nt to you, YOU SHOULD 'rAKE 'I'HIS I'AP8R '1'0 YOIJH J,AWYIW A'I' ONCE, IF YOU DO NO'l' HAVB A LAWYER Ol{ CANNO'I' APFOllD ON!':, GO '1'0 OR TElLEI?HONE '1'HE OFFICE SIW FUlnll IllilJ.OW '1'0 FINIl OUT WlmRlil YOU CAN OE'1' LIi:GAL WU,l', !::JJ.MJmlUJ.\lUL~.Q!Jl'/1'1 Court AdminiEltrl1tor 4th Fl.oot' cun.ryerland County C()urt House Carlinle, PA 17013 (717) 240-6200 . CONNIE ~. SHOLLY, Plaint iff V. MICHE~~E S. McNF.A~, RONALD C. VANTZ and C~EMENS A. BANOEI~'l', Co-Administrators for the ESTATE OF DONALD ~. BANGEI~'I', Defendant I IN '1'1/11; COUll'l' 010' COMMON P~lilAB I CUMIlli:lll.ANIJ CO" J1I!:NNSY~VANIA I I NO. I I I CIVIl. AC'I'lON . I,AW I I I ~OMPLAINT-IN R.PLIY~N , AND NOW, comas Plailltiff:, COIIll!1! I., flhnlly, through her attorneys, Purcell, Krug 6. llallor, /lnd IIVO!.'1I thll fol.1owin9 I 1. Plaintiff is Connie 1,. Sholly, llIl adult I.ndividual, with a Current address of 2 West Gruen Stnwt, IJhiJ:6mllnatown, Pennsylva- nia 17011. 2. Defendants are Michelle S. McNeal, with un address of 2801 Banks Street, Harrisburg, l'onnaylvllnJ.ll 1'/103/ Ilonllld C. Vant:!:, with an address of 3068 Summit Lalle, Atw/ltor, Cnlifornia 9D301/ and Clemens A, Bangort, with an uddnHlu of 3l:l Salt Road, Enola, Pennsylvania 17025, who al'e th'l Co-AdmlnitJtratrJr/J for the Estate of Donald ~. Bangert, having boon grdllted I,ottoro of Administration by the Orphans' Court of Cumbedllnd County on Augullt 21, 1995. 3. Prior to DOllald I,. Bungurt'a delich on May 21, 1995, he and the Plaintiff Wel'e rlllgagod to bo married on September 23, 1995. 4. 'l'he Plainl: i f I: and the lJuor~dent had shared an intimate relationship for four Yen!.'1I prJ.or to the Decedent's death, , , 15. At the time of his death, the Pel:endant and the I?laintift were essentially living together in the Pecedent' s rel3idenoe looated at 1619 South York Street, Mechanicsbur9, Pennsylvania. 6. In antJ.cipation of their September 23, 1.995 marriage, plaintiff had moved many of her clothes, personal belongings, and furnlturo into the 1619 South York Street residence. 7. Plaint if: f and the pecedent also pUl:chased toget.her several itemll of personal property, such as a tape player, CO player, speakers and VCR. 6. 'rhe three Co-Administrators are relatives of the Decedent and had very limited contact with him during the years immediately prior to his death. 9. Within days of his death, and prior to the funeral, the Co-Administrators ohanged the locka at the 1619 South York Street, Mechanicsburg, Pennlilyl vania residence, preventing Plaintiff fran\' removing her personal property. Attached hereto and marked Exhibit "A" is a list of Plaintiff's personal property left at the Mechanicsburg residence. 10. The majority of Plaintiff' a personal property being held by the Estate is located at the 1619 South York Street property. However, at the time of the Decedent's death, some of her belong- ings were being stored at the Decedent's deceased Mother's home at 2616 Butler street, Harrisburg, Pennsylvania. Those itema are listed in Exhibit "B". 2 11. L>l:"ior to t'etaJ.lIill~ pnlUllnt lJoulIl'Jal, h,r 1l8verul montha, 1?1aintiH attempted to negotiate with the Co-Adminil'Jtratol:'/il tor l:hlt I:'eturll of her poraonal propel:"ty. 1:.1. Despite repeated oral and written requests, the Co" Administrators have continued to refuse to return all of the property itemized in Exhibit "A" and Exhibit "nO and have demanded I?laintiff sign a written Helease before they wDl provide het' with "l'Jome" of hel:' pl:'operty. 13. It is believed and thel:"efore averred that cel:'tain items identified on Exhibit "}l." have been removed from the Decedent'l'J Mechanicl'Jburg residence and EIre now in the perl'Jonal posse13i!1ion of the Co-Administrators. 14. I?laintiff and her counsel have been advised by the Estate's attorney that the Co-Administrators intend to sell all of the property remaining in the Mechanicsburg home, including the items belonging to Plaintiff. 15. Plaintiff is concerned her property will be sold, despite the Co-Administrators' knowledgu that the items do not belong to the Estate. 16. Plaintiff is also concerned that there may have been several attempted or actual break-ins to the now vacant Mechanics- burg property and that her personal propert.y may be IItolen, damaged or destroyed. 3 17. The monetary value of the perQonal proparty itemized in Exhibit "A" is estimated to be $6,000.001 however, the sentimental value of the items is priceless. 18. I?laintHf is entitled to immediate potHleSrlion of the items listed on Exhibit "A". 19. 'l'hEl 1?1aintiH will be adversely affectod by the cOlltinued possession of the property by the Co..Administt'ators, especiall.y in light of the future public auction and the potential for break-ins to the vacant real estate, where the majority of her property is being housed. 20. More than six months have elapsed since the Pecedent' s death and the Co-Administrators for the Estate have continued t~ refuse to return all of the I?la,intiff' s personal property to her. 21. The actions cf the Co-Administrators toward the I?laintiff in refusing to return all of her property are arbitrary, vexatious and in bad faith. 22. As a result of the delay, the I?laintiff haa been forced to expend money to purchase many replacement itema for her use, such as a sweeper ($75.00), toaster ($5,00), blender ($5.00), CD player ($70.00), robe ($25.00) and work clothes ($100.00), in a total amount equal to $280.00. 23. As a result of the refusal of the Co-Administrators to return the items, Plaintiff has incurred out-of-pocket costs ($75.00) to attend counseling sessiona directly related to the emotional trauma caused by the Co-Administrators and their actions. 4 1;1:1 t', ,I.' " P.RSPNA~ paOPBRT~ or aONNIa ~. SHO~~Y A, Items believed to have been removed from 1619 South York Street, Meohaniosburg, Pennsylvania residenoe, , , ,. Ant ~que patohwork quilt (white with lIIul ti -oolors) \,' . Roll of 32 oent Bta~ps · Four, unopened bottles of r.ody Drench LOI;ion · Misc. stainless steel kitchen utensils · Stereo system (tape player, CD player, speakers) · VCR · $100.00 cash from kitchen crock · White bedspread B. Items believed to be remaining at 1619 South York Street, Mechanicsburg, Pennsylvania residenoe, Dininq Room I · oil lamp (on Dining Room table) · Oriental flowered relish dish (on Dining Room table) · Pink depression candy jar with lid (on Dining Room table) · Cannon 35 mm zoom lens camera · Two long-stemmed. floral designed, wine glasses (in Dining Room hutch) · Boxes of Christmas cards · Meat platters (white with flowers) · Undeveloped film in Mr. Bangert's camera · Photographs of the Decedent and Connie Sholly lliinq Room, · Various baskets (located on the picture window) · White Christmas ornament (hanging above picture) · Pressed flowers in oval picture frame · Wicker magazine basket EXHIBIT "A" I. t I' t: ~, ~ !' ,'j" . . . . . DUll\: pan/brush llallebllll hatll 018118 nesting chicken (inside glass bookoase) olallll vases (inside glass bookoalle) Qreen depresaion dish with crack in it (inside glasB bookcalle) Mille. glallllware (inside glass bookcase) TOYII (on the small table in the Living Room) Set of penguins Silver pen Cooking bookA llooks on Vietnam Gardening bookll Flower books Blue rocker/recliner. crosll"stitched picture in frame Snow scene picture in frame Wooden rocking chair with two teddy bears Cassette tapes (some were left in Mr. Bangert's car and truck) CDs Johnny Careon video tapes (eet of four) Other misc. video tapes Misc. records Butter churn full of marbles Antique doilies New pair of blue jeans in Sears bag Wh~te stickers on pioture window Walkman . * * * . . . . . . . . * . . * . . . . . . Kitchen I . Millc. kitchen utensils . Coke-a-cola and Canada Dry drinking glasses . Clear glass plates . Two IIpaghetti dillhell . Misc. vases . Pots and pans . Two roasting pans . Blaok & Decker ohopper . Plastic spice rack . Rug beater (on kitchen wall) . Ble"der . Toaster * Pepper grinder . VariouS pieces of Tupperware . Blue kitchen curtains . Tea towels and pot holders . . . . Driftwood Table umbrella charooal gl:ill Red and blue ~leds , i I r f I I , I \ Ii (' I: \ II ~r " " [, ,..SOHAL 'IlOJillll'l1Y or CONNlB L. SKOLLY Items at 2616 uutler Street Harrisburg, ~A 17103 . File cabinet . Brown dresser . Two rocking ohairs . Four lawn chairs . Ironing board . Two white ahutters . Two children's chairs (one is a rocker) . 'rhree ral.lroad lanterlls . Tinware (white/red and white/blue) . Four paoked boxes of glasElware with connie' B name on boxes IXKIB:tT liB" 5. At the time of his de~th, the Defendant and tht'; Plainti ff were essentiallY living together in the Decedent'S residence looated at 1619 South York Street, Mechanicaburg, pennaylvania. I 6. In anticipation of their september 23, 1995 marriage, Plaintiff. had moved many of her clothes, peraonnl belongings, and furntture into the 1619 south York Street reaidence. 7. Plaintiff and the Pecedent alao purchaaed together several items of peraonal pl."operty, auch aa a tape player, CD player, apeakerS and VCR. 8. The thl."fle Co,_Adminiatl."ators are relativea of the Decedent and had very limited contact with him during the years immediately prl.or to his death. 9. Within days of his death, and prior to the funeral, the co_Administrators changed the locks at the 1619 South York Street, MechanicsbuI'g, Pennayl vania rea idence, prevent ing Plaint i ff from removing her per.aonal property. Attached hereto and marked Exhibit "A" is a liat of plaintiff'a personal property left at the Mechanicspurg reaidence. 10. The majority of plaintiff'a peraonal pl."operty being held by the Eatate is located at the 1619 south York Street property. However, at the time of the Decedent'a death, aome of her belong- inga were being atored at the Decedent'a deceaaed Mother's home at 2816 Butler Street, Harrisburg, pennsylvania. listed in Exhibit "9". Thoae items are 2 11. Prior to retaining present counsel, for several months, Pldntiff attempted to negotJ.ate with the Co-Adminilltrators for the return of her personal property, 12. Despite repeated oral and written requellts, the Co- Administrators have continued to refuse to return all of the property itemized in Exhibit "A" and Exhibit "B" and have demanded Plaintiff sign a written Release before they will provide her with "some" of her property. 13. It is believed and therefore averred that certain items identified on Exhibit "A" have be>lln removed from the Decedent' s I Mechanicsburg residence and are now in the personal posseosion of the Co-Administrators. 14. Plaintiff and her counsel have been advised by the Estate's attorney that the Co-Adminis~rators intend to sell all of the property remainJ.ng in the Mechanicsburg home, including the items belonging to Plaintiff, 15. Plaintiff is concerned her property will be Rold, despite the Co-Administrators' knowledge that the items do not belong to the Estate. 16. plaintiff is also concerned that there may' have been several attempted or actual break-ins to the now vacant Mechanice- burg property and that her personal property may be stolp.n, damaged or deetroyed. 3 17. The monetary value af the personsl property itemized in Exhibit ijAij is estimated to be $6,000.00, however, the sentimental value of the items is priceless. 18, plaintiff l.s entitled t:o immediate possession of the items listed on Exhibit "A". 19. The Plaintiff will be adversely affected by the continued possession of the property by the Co-Adminiatrators, especially in light of the future public auction and the potential for break-ins to the vacant real estate, where the majority of her property is being housed. 20. More than s h: months have elapsed since the Oecedent' s death and the co-Administrators for the Estate have continued to refuse to return all of the plaintl,ff's personal property to her. 21. The actions of the co-Administrators toward the Plaintiff in refusing to return all of her property are arbitrary, vexatious and in bad faith. 22. As a result of the delay, the Plaintiff has been forced to expend money to purchase many replacement items for her use, such as a sweeper ($75.00), toaster ($5.00), blender ($5.00), CD player ($70.00), robe ($25.00) and work clothes ($100.00), in a total amount equal to $280.00. 23. As a result of the refusal of the Co-Administrators to return the items, Plaintiff has incurred out-of-pocket costs ($75.00) to attend counseling sessions directly related to the emotional trauma caused by the Co-Administrators and their actions, 4 WKlalroal, the Plaintiff ~espeotfully requests this Honoraple Court to order the Co-Administrators for the Estate of Donald L. Bangert, to surrender to the Plaintiff all property identified in Exhibit "A" and to reimburse Plaintiff for her speoial da~aqes, attorney's feea and the costs of prooeeding with this action. Respectfully submitted, ( . 'JLi' A \. ,( (( 1:1J;..' (Jl ( , Ji M. Wineka, Esquire At orney ID U 58802 PURCELL, KRllG &. HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Datedl II /1,3 /1J" 5 'IRSONAL PROPIRTY or COHNII L. SHOLLY A. Items believed to have been removed from 1619 South York Streot, Mechanicsburg, Pennsylvania residence I . Al'ltique patchwork qul,lt (white with multi-colorl9) . Roll of 32 cent stamps . Four, unopened bottles of Body Drench Lotion . Misc. stainless steel kitchen utensils . Stereo system (tape player, CD player, speakers) . VCR . $100.00 cash from kitchen crock . White bedspread B. Items believed to be remaining at 1619 South York street, Mechanicsburg, pennsylvania residence I pinino Rooml . Oil lamp (on Dining Room table) . oriental flowered relish dish (on Dining Room table) . pink depression candy jar with lid (on Dining Room table) . Cannon 3S mm zoom lens camera . Two long-stemmed, floral designed, wine glasses (in Dining Room hutch) . Boxes of Christmas cards . Meat platters (white with flowers) . Undeveloped film in Mr. Bangert's camera . Photographs of the Decedent and connie ShollY l.I1yina Room I . Various baskets (located on the picture window) . White Christmas ornament (hanging above picture) . Pressed flowers in oval picture frame . Wicker magazine basket BXHIBIT "A" . DU$t pan/brush . Baseball hate . Glass nssting chicken (inside glass bookoase) . Glass vases (inside glaGB bookcase) . Green depression dish with crack j,n it (inside glue bookcase) . Misc. glassware (inside glass bookcase) . Toys (on the small table in th~ Living Room) . Set of penguins . Silver pen . Cooking books . Books on Vietnam . Gardening books . Flower books . Blue rocker/racliner . Cross-stitched picture in frame . Snow scene picture in frame . Wooden rocking chair with two teddy bears . Cassette tapes (some were left in Mr. Bangert's oar and truck) . CDs . Johnny Carson vl.deo tapes (set of four) . other misc. video tapes . Misc. records . Butter churn full of marbl~s . Antique doilies . New pair of blue jeans in Sears bag . White stickers on picture window . Walkman Kitchenl . Misc. kitchen utensils . Coke-a-cola and Canada Dry drinking glassos . Clear glass plates . ~wo spaghetti dishes . Misc. vases . Pots and pans . Two roasting pans . Black & Decker chopper . Plastic spice rack . Rug beater (on kitchen wall) . Blender . Toaster . Pepper grinder . Various pieces of Tupperware . Blue kitchen curtains . Tea towels and pot holderB * Bed frame * picnic busket * Round mirror * Antique wooden box with marbles ~hroom - Upstmirsl * Shower curtain * Blue curtains * Wooden table in bathroom closet * Various l,'wels * Heating pad Scare Bedroom I * Bedroom suite * TV * curtains * Mise, blankets Maeter Bedrooml * Two pink and white lamps * Mattress pad on bed * Large basket full of clothes * Blanket chest (refinished by Decedent for Connie Sholly) * Crocheted table cloth (on back of. grey couch) * Grey couch * small dark wooden dres~er with drawers * Small end table * Misc. sheets * cranberry blanket * Hair brush * Various items of Ms. Sholly's clothing and personal belongings * Small glass table * Plant stand and barrel * Three bed pillows j:lasement and Atticl * Christmas decorations * Chicken feed * Two white, Rubbermaid, plastic chairs * Yellow metal e.tand with laundry soap * Garbage bags * Flower pots * old fence post * Grey aluminum/metal tubs * Indigo watch on motorcycle * Bag on motorcycle * Clothes 1J.ne and clothes pins V. MICHELLE S. MoNEAL, RONALD C. VANTZ and CLEMENS A. BANGERT, Co-Administrators for the ESTATE OF DONALD L. BANGERT, Defendante : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-6476 CIVIL TERM CONNIE L. SHOLLY, Plaintiff ~~~ ~ AND NOW, June 4, 1996, pre-trial oonference In the above matter Is sot for MONDAY, JUNE 24,1996, AT 9:30 A.M. IN COURTROOM NO.3. By the Court, ./ J. Jill M. Wlneka, Esquire 1710 North Front Street q ,,) q Harrisburg, PA 17102-2392 ~,,; 11' i' ';:: :'J ~l~\ ~u "'I "Ill .- Madelaine N. Baturln, Esquire , '~ ~?..., UI . ec. , 717 North Second Street ~. 'T) ,';: Harrisburg, PA 17102 ,i~. ::I: ;w. ~l'. ~- r,] . , .. ~ .~ \":'J ~ John J. McNally III, Esquire -t ,f:" 134 Slpe Avenue Hummelstown, PA 17036 . I_AWl.lt'H":t!!'. J"Il~ W PIJI<q~~ 1ll1\11'AI<D " .I<lJn IlL'~ P HMUI< JOlIN 'II PIII<CH~. JI< VAIlIII A r;1I~t/ JlllM WIt/1M gJ."(J,/i .~ ~ ~,. 1110 N ""'ON!' Hllf.H 1l1l......I~.II...';. I'I'NN~YI,V^NIII IlIlJ:l'nU;I l'HHl'lhJNI' <1111 ;13~'''111\ 1'11)( 11111 "t:I'lI~lI "0'.'" HI.ILI" 1111<<)'11") ~'HOH" D.-"UO 0' COUN.... June 3, 1996 HU'Hn ("','U'''U The Honorable o$orge E. Hoffer cumberland County Court House Carlisle, PA 17013 Rei Connie L. sholly v. Michelle S. MoNeal, Ronald c. Vantz and Clemens A. Bangert., Co..Administrators for the Estate of Oonald L. Bangert No. 95-6476 Civil 1'erm Dear Judge Hofferl Previously, on December 8, 1995, a Hearing was held before you regarding the Plaintiff's Motion for Writ of seizure pursuapt to Pa.R.C.P. 1075.1. As a result of the Motion and Hearing, you entered an Order of Court regarding the temporary possession of the personal property in question, pending resolution of the Motion. pur.suant to your Oeoember 8, 1995 Order, after the matter was completely l'eady for trial, counsel were to jointly notify the Court and a Pre-Trial Confer.ence was to be scheduled. I have spoken with opposing counsel, John J. McNally, III, Esquire and Madelaine N. Baturin, Esquire, who represent the Co- Administrators for the Estate. All parties are ready to move the case forward. By this letter, I hereby'request that a Pre-Trial Conference be scheduled, as well as a subsequent Hearing date, For your convenienoe, I am including a copy of your Oecember 8, 1995 Order of Court regarding this matter. Sincerely, CtJ.i ')ll ,W~'llJ~~ JIi~ M. Wineka JMW/bas Enclosure CCI John J. McNally, III, Esquire Madelaine N. Baturin, Esquire connie L. Sholly ,.,,1',. , . .. t CONNIE L. SHOLLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA VS : CIVIL ACTION - LAW MICHELLE S. McNEAL, RONALD C.: VANTZ and CLEMENS A. BANGERT.: Co-Administrators for the NO. 95-6476 CIVIL TERM ESTATE of DONALD L. BANGERT, Defendants OBDBLOLC..oURI AND NOH, December 8, 1995, the following attorneys have appeared in court: Jill M, Hineka, Esquire, 0/1 behalf of the plaintiff; John J, McNolly, III, Esquire, and Madelaine N. Baturin, Esquire, on behalf of the defendants. Plaintiff seeks the return of certain property from the Estate, which plaintiff claims is her own property. Defendants contest 011 the property claims, The pleadings ore not yet closed in this matter. and tOday's proceeding is in the nature of an emergency proceeding. Pending final resolution of th~s matter, all parties agree that plaintiff may take temporary posseSSion of 011 items mentioned In her Complaint in Replevin, except the items mentioned on Schedule I attached hereto; Schedule I items will be temporarily retained by the defendants until resolution of the case. When the matter is completely readY for trial. counsel shall jointly notifY the court. which will schedule 0 pretrial conference. Counsel shall comply with all rules concerning 0 pretrial conference, J. , ... " CONNIE L. SHOLLY V. MICHELLE S. McNEAL, RONALD C. VANTZ, and CLEMENS A. BANGERT, Co-Administrators for the ESTATE OF RONALD L. BANGERT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 95-6476 CIVIL TERM ~ AND NOW, November B, 1996, the above-captioned case having been listed for trial without alury, the case should be called for 'trIll on......~, and shall bo scheduled for pre-trial conferen08oft~. The date for the trial will be set at the pre-trial conference. By the Court, John J. McNally III, Esquire 134 Slpe Avenue Hummelstown, PA 17036 Jill M. Wlneka, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 . v. IN THE COURT or COMMON PLEAS 0' CUMBERLAND COUNTY, PENNSYLVANI~ CIVIL ACTION . LAW 95-6476 CIVIL TBRN CONNXI L. SHOLLY, Plaintiff MICHBLLI S. MoNBAL, ~ONALD C. VANTZ and CLBMBNS A. BANGIRT, ,Co-Admini.trators for the ESTATI or DONALD L. BANGBRT, D.f.ndant. IN REI PRBTR~ CONPBRBNCE At a pr.trial oonferenoe held Monday, June 24, 1996, before the Honorable Georg. m. Hoffer, in respon.e to a letter fro~ Jill H. Wineka, msquire, dated June ~, 1996, the Court ent.rtains this oonfer.noe with Ms. Wineka and John J. MoNally, XXX, I.quirs, for Defendant. MoNeal and Vant., end Madelaine N. Baturin, lequire, on behalf of the Defendant Bangert. H.. Wineka indioate. that a. far a. .he is oono.rn.d, the oase i. ready to move ah.ad for trial. Both def.n.e ooun.el indioate that they d.sir. to fi1. interrogatories and po..ib1y take depo.ition. of one or. more w1tn...... Th. Court dir.ot. that any d.f.n.. ooun.el d..iring an.w.r. to int.rrogatori.s .hall file the interrogatories within ten day. of today'. date. upon r.o.ipt of the an.were to int.rrogatorie., defense ooun..l .hall have forty-five day. to compl.te any depositione de.ired in the oa.e. After any depo.ition. are .oh.duled, Plaintiff'. ooun..l i.directed to obtain a hearing date fro~ the Court, efter oonferring with " " 1,1 01 " I ~ III ~ Lt: I.... '. .. "l r - ;'~ ~( - "~:~ ... .1 ~ f-. ~ :lJ .10;:: I U![!, rn "i'l) , I :;1re :." J'.. :.1 " ~i ~ d , .t, , , '" , li'l " " I - . \, :..I!I ,,' <;1 COHNIm L. SHOLLY, plaintiff IN THm COURT OF COMMON PLm~S CUMBERLANP CO" PENNSYLV~II~ NO. 95-6476 CIVIL TERM v. MICHELLE S. McNEAL, RON~LD C. VAHTZ and CLEMENS ~. BANGER'r, Co-Administrators for the ESTATE OF DONALD L. DANGERT, Dnfendant CIVIL ACTION - LAW pRDBR . {'\ AND NOW, this .1': day of ~~tLA.t4/ upon the Plaintiff's Motion for continua~e of , 1997, the non~jury based trial scheduled for February 21, 1997 at 9130 a.m., and with the consent of defense counsel and hl.s clients, the Motion to continue the non-jury tri~l is granted. f The non-jury trial will take place I; :l (.) , 0' clock -f-.m. on , 1997 at (It (~M_lLt: }?or BY THE COURT I J. I {' I! CONNIW L. SHOLLY, Plaint if f IN THE COUR'l' OF COMMON PLf:lAS CUMaERLAND CO., PENNSYLVANIA NO. 95-6476 CIVIL 'rERM v. MICHELLE s. McNEAL, RONALD C. VANTZ and CLEMENS A. BANGWRT, Co-Administrators for the ESTATE OF DONALD L. BANGERT, Defendant CIVIL AC'rION - LAW NOTION rOR CONTlNUANcl AND NOW, comes the Plaintiff, Connie t,. Sholly, through her attorneys, Purcell, Krug & Haller, and files the following Motion for Continuance 1 1. ,By Order dated January 2, 199'/, the Honorable George E. Hoffer had fixed the date of Friday, February 21, 1997 at 9130 a.m. as the time for non-jury trial for the above-captioned case. 2. The Plailltiff, connie L. Sholly, is extremely ill, as are two of her key witnesses, Lind" Ziaman and Merv Cook. 3. Plaintiff's counsel has contacted John J. McNally, III, Esquire, counsel for the three Co-Administrators for the Estate of Donald L. Bangert, who are the rlefendants in the above-captioned case. 4. Attorney McNally, after conSUlting with his clients, has consented to a continuance of the non-jury trial scheduled for February 21, 1997 at 9130 a.m. ,_ II , ,H'l/ WJlllllrOIlI/ the plaintl.ff respectfullY request., with the consent of opposing coun.el, that the non-jury trial 8chedul~d for February 21/ 1997 at 9130 a.m, be oontinued to a future date and time as dictated by the Court. Rellpeotfull.y submitted, C .t.t: I,} ;:..'1 .' l~ Ji M. Wineka, Esquire At rney ID # 58802 PURCELL, KRUG ~ HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Datedl Z!lq /<11 I, 2 OlaTlrICATI or SlaVICI I, JILt. M. WINlSKA, ESQUIRE, do hereby oertify that I served a true Bnd oorrect corn of the MotJ.on for continuanoe upon the following by depositing B copy of same in the United States Mail, First class, postage Prep6id, addressed as folloWSJ John J. McNally, If I, Esquire P. O. Box 650 Hershey, PA 17033 Attorn~y for Defendants It!.. }/f/ liV<'LdL Ji M. Wineka, Esquire At rney ID ~ 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff DatedJ zl/q/C(/ ,;1 , . ,r') L.. CONNIE L. SIfOLLY, I I PLAINTIFF r I r V I I MICHELLE S. MCNEAL, I RONALD C. VANTZ, AND I CLEMENS A. BANGERT, I CO-ADMINISTRATORS FOR I THE ESTATI!: OF I DONALD L. BANGERT, r r DEFENDANTS I TELEPHONIC DEPOSITION OFt \ TAKEN BYI '0 BEFOREI DATEr PLACE I APPEARANCESt IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'ry, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-6476 , J l.;"') n , -l ".t 'OJ': -j "I"' . "1'1 I.' \' '" , , -,' ~ LI .-1 ' " , ~ ,; , , ..", I': ~: . . If'), , . , ;<.j I :l'ln .. ~, , " : ,II ,~... ....-. RONALD c. VAN'rz DEFENDANTS HARIA N. O'DONNELL, RPR NOTARY PUBLIC SEPTEMBER 19, 1996, 9r05 A.M. JAMES, SMITH & DURKIN 134 SIPE AVEN!)E HUMMELSTOWN, PENNSYLVANIA PURCELL, KRUG & HALLER BYI JILL M. WINEKA, ESQUIRE FOR - PLAINTIFF JAMES, SMITH & DURKIN BYI JOHN J. MCNALLY, III, ESQUIRE FOR - DEFENDANTS " , ~ ,~ ALSO PRESENTI CONNIE L. SHOLLY ~ H.ups, 7lIbrigli, 'Foltz ir JVafAlt J?eporting &rlia, 8"" 11 ~ PINE STREET. HARRISBURG, PA 17101 HlrrlGburg 71H32.~~44 FIX 717,232,9&31 Lone..,.. 717,393.~101 r, --.-,,1 WITNflSSES 1 2 NAME DIRECT CROSS 3 RONALD C. VANTZ 4 BYI MR. MCNAI.I.Y 3 .... !5 BYI MS. WINEJ(A .... 215 6 7 8 , 9, 10 11 ,:J 12 13 14 15 I 16 , 17 18 19 20 21 22 23 -.J 24 2!5 It] ....' 1 college. I lived in California and overaeas for a.veral 2 years. However, every time I diJ return for a visit to 3 Pennsylvania, aa all my family ia there, we never fail to 4 get together. !5 So I saw him Qr met with him usually at leaat 6 onoe every visit from California. sometimeH -- I am sorry, 7 coming to PennsYlvania, I am sorry. Sometimes I saw him 8 more than one oooasion on visits to Pennsylvania. 9 Q In the past five years, before his death, how 10 many times would you say that you saw him? 11 ^ Oh, probably aeven, eight times at least. '.J 12 sometimes, as I say, I would see him on more than one 13 oooasion when visiting in Pennsylvania, but I would say at 14 least seven, eight times I have also spoken to him on the 16 phone over the last couple years too on a number of 16 occasions relating to leases at properties in Penbrook. 17 As you know, he inherited his mother's home and 18 he leased that too. I lease properties here in California. 19 So he contacted me for advice on to how he 20 thought I should handle a lease, how he should handle 21 leasing of the property in Penbrook. 22 In fact, he even used my lease form for signing 23 the leases with a tenant at a property. 24 Q Where did your visits typically take place when ...J 26 you came back east? 4 ,-') 1 A A number of places as my whole family was there. 2 I would see him at my Aunt Minnie's house when I wns 3 viaiting there. My parents lived just a half a blook away 4 from Aunt Minnie in Penbrook. I would visit her ~everal 6 times during eaoh of my visits to Pennsylvania and often 6 times Don would be there. 7 I knew he would come over on weQkends to visit 8 with hor, so if I go to see her at times that I thought Don 9 would be there also. I also saw him at his house in 10 Mechanicsburg. He had invited me over there on a number of 11 oooasions. I also saw him at the nursing home in Carlisle .'~) .... 12 when I visited my Aunt Helen who has been in that nursing 13 home for several years. 14 Q Now, when you 16 A He was also at my father's funeraL 16 Go ahead. 17 Q When you visited Donald, was that at his house at La 1619 South York street in Mechanicsburg? 19 A Yes. Yes. I have visited him there on a couple 20 oocasions. 21 Q When you referred to Minnie, Minnie is whom? 22 \ Aunt Minnie Bangert. His mother who lived in 23 Penbrook on Butler Street. 24 Q When did you last visit Donald at his residence? '...J 25 A It would have been in 1994 September, late August 6 ''''1 'I' , 1 or September. I am not sUre of the exaot date. We were 2 going back to Pennsylvania for at least two week vi.it. for 3 the la.t .everal years as both my parents ar.e in very poor 4 health. So we visited Pennsylvania fairly frequently over !5 the last few years. 6 And when we were there, without acoeptanoe I did 7 see or visit with Don. I' " 8 Q That was at his south York street property? 9 A On a number of occasions, yes, I -- as I said, I 10 also met him at his mother's house in Pen brook and at the 11 nursing home at carlisle. ,...... ...J 12 Q If you could just give us a general description of your visits. What were they? Were they social? Wer~ 13 14 they business? Were they related to estates, leases? 15 A No, he was my oousin. He was Aunt Minnie's only 16 surviving child. We were fairly olose over the years, 17 although not living there, you know, we were not in constant 18 contact. 19 I made it a point as did he whenever we were -- 20 whenever I was back, to get together, so I would say 21 there -- they were certainly not business, they were 22 meetings, as family meetings. 23 He often attended group functions of the family 24 and I, of course met, him there and spoke to him there. But --J 25 W$ had a rather good relationship over the years. 15 1 () J 1 I also looked forward to meeting with Don, 2 beoaule we enjoyed each other. 3 Q What did you typically do when you visited? 4 A Well, you know, we talked about what eaoh of us 3 were doing basioally. He was into motoroyoling, I know 6 that. That I wasn't quite interested, but he was quite 7 proud of the motorcyoles he had. He had a number over the B years. 9 He also had an unusually nice pool table that he 10 reconditioned, an antique pool table and, you know, I used 11 to visit his house and play pool with him on ocoasion. 12 He also did home brewing with, you know, wra 13 talked about a lot, and showed me what he did, how he did 14 it. 15 Of course, we sampled his beer on ocoasions that 16 we visited the house. But I would say that we had a fairly 17 typioal cousin relationship. Unfortunately the distance 18 betwsen us was such that we didn' t, meet frequently, but when 19 we did, why I always looked forward to and enjoyed meeting 20 with him. 21 Q You will acknowledge you didn't know what Don did 22 on a day-to-day basis, correot? 23 A No. I knew where he worked and I knew what his 24 hobbies and interests were. But, no, absolutely not. Not 25 on a day-to-day basis, no. ......) 8 r} J 1 Q Did you know anything about his personal 2 relationships? 3 A I know that, you know, after his divoroe, you 4 know, I had spoken to him on occasion about his love life so 5 to speak, his interests. 6 I use to tease him about getting married again 7 and he used to joke no way, he's a confirmed baohelor, he B likes the lifestyle he now lives and he had no intentions of 9 marrying. 10 I also spoke to his mother about Don's situation 11 because she worriod very much worried about him living 12 alone. And she indicated to me on a number of occasions 13 that she really wished Don would find the right girl and 14 settle down because she was concerned about him living all 16 alone. 16 Q Now, you made reference that. he enjoyed the 17 lifestyle that he was living. How would you describe that 18 lifestyle? 19 A Well, one thing he really liked biking, 20 motorcycling. He would do that often, take off on a 21 weekend, things like that. 22 He also liked being out of doors. He hunt.ed. I 23 used to hunt with when his father was still alive, when 24 we were younger. He still did that. But he was definitely 25 an outdoors person and he did like to travel. ~ '" 9 - ,~ 1 Q Now, durinq your visits and over the years, did 2 you oome beQomo familiar with some of Donald's perBonal 3 effeot. and furnishings? 4 A Yes. Yes. I had I was in his house a number !5 of oooaaions. lie took a lot of pride of ref inishing (\ antiques. 7 He showed me on occasions things he had aoquired, 8 such aB his pool table. I think that was his really most -- 9 but he h~d also acquired and refinished other antiques and 10 he had quite a shop in the basement where he did a lot of 11 this work. '~) 12 lie took pride in showing me some of the things 13 that he did. 14 Q Now, when -- were you also familiar with Aunt 16 Minnie's personal effects before she passed away? 16 A Yes. As far as household furnishings were 17 concerned, yes, I was in her house dozens of times over the 18 laBt several years. 19 As I say, we were very close and I would visit 20 her numerous times on my trips back. 21 Q When did she die? 22 A Shill died in -- was it '94, '93. It was '93. 23 October of 1993. We were back there just the month before, ...., V 24 and at that time, I had seen her many times. I think that 25 she knew that he was close to death because she was very 10 ~- ,~ 1 emotional and she oouldn't -- expreseed on many oooasions 2 her oonoerns about Don living alone and I use to tease her, 3 he'. a big boy, he oan take care of himself, he'll be fine, 4 not to worry and whatever. 6 But I know that she was conoerned about him on 6 her last 7 What happened to her personal effects, do you. Q 8 know? 9 Well, I visited with Don at hiD house the year A 10 following and in 1994 when we were back there and I did see 11 a number of her items or her -- at her house -- his house. ....) 12 I also later saw a number of her items in the 13 garage in Penbrook. 14 Now, there was somebody living in the house at 16 the time so I was not able to get into the house when I was 16 back ther~ to see if any of her possessions were still in 17 the house. To this day, I don't know that. 18 But I do know that some of her furniture, the 19 furniture in the basement, in the garage, at the Penbrook 20 property, some of her items were in Don's house in 21 Mechanicsburg. 22 Did Don live alone? Q 23 Yes, he did. since his divor.ce with Molly, yes. A 24 That would be Maureen? Q ~ 25 A Maureen. Maureen, yes. ,I) .,1. 1 A Yes, as a matter of faot, as I said, I would 2 teame him about his love lite, so to speak. And I had met 3 connie at his house a year or two earlior than that at a 4 barbecue one afternoon. 6 It was a family type, but that's the only tim~ I 6 met her. 7 However, when I would ask about his love life, so 8 to speak, he would laugh and indicate a~ 9 MS. WINEKAI I would object as a hearsay. 10 objeotion. Objection. 11 MR. MCNALL'll Hold a second. What is your ,:) 12 objection? 13 MS. WIN~KAI He's talking about what a deceased 14 person said. He started to say he said. I am objecting. 15 MR. MCNALLY: Okay. We will have to note your 16 objection. 17 MS. WINEKA: I understand I yelled because he kept 18 talking. 19 MR. MCNALLY: You don't have to yell because he's 20 going to keep talking. Your objection will be for the 21 record. The court will rule upon that. 22 MS. WINEKA: I understand. 23 MR. MCNALLY: You don't have to yell at Maria. 24 MS. WINEKA: I was trying to yell at the voice. .J 25 BY MR. MCNALLY: 12 ~ , I'"~ 1 Q A 2 14 Do you knoW whether he lived with bon? There oertainly wasn't any evidenoe of that that 3 I oould Bee when I was in his house. 4 Q 6 A ~on, how did you rind out about Donald's death? My sister called me a couple of daY$ after his 6 body was found or the day his ~ody was found, I should say. 7 Q 8 A And what date was that? Oh, I don't remember. I would guess it was a 9 Tuesday, his ~ody was found Tuesday morning. He died -- it 10 was ooncluded he died Monday and his body was found on 11 Tuesday. 12 she called me that afternoon from Pennsylvania to ) 13 let me know that he had died. could that have bean May 23rd of 1995? 14 16 Q A I don't have a calendar in front of me, John, so 16 his death was on what day? 17 18 Q A You said on a Sunday? That's what I recollect. He died sunday 19 evening. His body was discovered the following Tueaday 20 morning or afternoon. That's when I received the call. So 21 I am not sure of the date in May that that would have been. 22 23 24 ~ 25 policies? Q Did Donald leave a will? A No will was ever found, no. Q Do you know whether Donald had any insurance r) Oh, yeQ, he did. How did you disoover those? He had a ooupls of insuranoe policies. How did you diecover this faot? 1 A :l Q A 3 4 Q 6 A Well, a number of ways. When I was back there, I 6 took the opportunity to visit his polioe of employment and I 7 spoke to his boss. And he indicated to me some of the B government benefits that Don had and put me in touch with 9 the person who handled death benefits for government 10 employees. That is when I disoovered that he did have 11 insurance through his place of employment at the 12 Mechanicsburg Depot. , ,_I 13 Q Was this during -- what visit did you do this? 14 Durinq -- was this in your May of 1995 or was it in a date 15 subsequent to May of 1995? 16 A It was in May. I was only there for several 17 days. One of the things that I wanted to do was to, you 18 know, try to begin to assemble his affairs. 19 At the time, we weren't aware of all -- who all 20 the heirs of the estate would be. 21 My sister was very involved in oaring for my 22 mother. She was in very poor health living with my sister. 23 She was also, my sister that is, was working full-time, so I 24 used the opportunity that r was there to find out as much as ....J 25 I could about his personal affairs so I could begin doing 16 - ~ 1 the thing_ that were neoessary to identifY all of the hair.s 2 of the e.tate, one, and also identify all of th~ assets and 3 liabilities thet Don had at the time ,of his death. 4 Q To your reoolleotion, who or what are were named 6 as benefioiaries under his various insuranoe polioies? 6 A My reoollection is there were no named 7 beneficiaries, just the estate of Donald Bangert. There 8 were no named beneficiaries other than hin estate. 9 Q Now, you ~pplied for letters of administration 10 for Donald's estate, is that correct? 11 A Yes, that's corr.ect. 12 Q Why did you apply? 13 A Because at the time my sister and I were, to my 14 knowledge, the only known survivors, family survivors of 15 Don's. 16 We learned at the funeral that his uncle, clem 17 Bangert, was still alive. I also learned later on through I':) 18 Clem and his wife's inquiries that were -~ there were 19 children of another ,lnterest of Donald's were living in 20 Harrisburg. There were like four children. 21 We learned again later through the attorneys that 22 all of these all., of these identified people were in fact 23 heirs to the estate. 24 Q Now, while you were back in May of 1995, did you ,...) 25 have opportunity to speak with connie Sholly? an 16 17 r) ,.....) 1 A In May, yes, I did. t met her at the funeral 2 servioe, that io the viewing servioe at the fun_ral homo in 3 Meohaniosburq. I saw her the following day at the aotual 4 funeral servioe where ho was buried in the oemetery. 5 And t saw her one or two oooasions after that 6 when one of them would be -- when she did aotually' come to 7 Don Bangert's house to meet Michelle and I. And I think 6 that was the Sunday following about the funeral service. 9 Q Did you have any telephone conversations with her 10 during that visit? 11 A I think we did. I can't be certain about it, but l2 I know that we had oontaoted her on a number of occasions 13 and aotually went by her house in Shlremanstown to leave a 14 note on her door. 16 The oircumstance of us making contact with her 16 wae she had expressed desire to get her personal things out 17 of Dan's house. 18 And Michelle and I agreed to meet with her and, 19 you know, allow her to take whatever personal things she 20 wanted from the house, from Don's house. 21 she didn't really identifY what they were, but as 22 I said, at the time, we thought that was a very reasonable 23 request. 24 And were prepared to, you know, to work with her 25 to do that. I did inform her at some time during the :) ~ .~,f 1 prooess, you know, that there were other heirs to the 2 .state. And that when it oama to distr.ibutinq Don's assets, 3 we did not have, that is Michelle and I, did not have the 4 authority to allow anything just to be taken from Don's & oatate, it would have to bo handled 6 Q YoU applied for letters of adminiatration, did 7 you not? 8 A Yes, we did, wo did. 9 Q pid you know at or about when they were granted? 10 A No, I don't know exaotly. I know that Miohelle 11 and I were eventually granted the letters, as you oall ~ 12 them. 13 But I -- later on they were rescinded and two 14 letters were issued including Clem Bangert as one of the 16 administrators of the estate. 16 Initially there was on the part of Lydia and 17 Clem Bangert, that they would not be participating in the 18 administration of this possessions of Don'. estate, so that 19 was oertainly r.esolved rather quickly. 20 So the letters were issued naming Michelle, Clem 21 and I as administrators of the estate several weeks of his 22 death. ~ 23 I can't remember when that occurred, but it was 24 sometime in -- or maybe as late as July, but I know after 25 the initial letters were issued and control of the house was 18 19 ~ ',. 1 turned over to Miohelle and I by the coroner, those initial 2 letterd were resoinded or replaoed by new letters naming 3 Clem aa well the administrator of the estate. 4 Q To your knowledge, was anything done to seoure ~ the house before you had been granted letters? 6 7 A Before we were granted letters? Q correct. 8 A I am not sure of the exact timing, but the 9 ooroner advised us to turn over the keys to Michelle and I, 10 that we promptlY change all of the locks and make sure that ~ 11 the house was secure and, you know, he had learned from the 12 local police that the house had peen burglarized on a couple . 13 of occasions in the past. 14 His recommendation was that we secure the house 15 as quickly as possible. We made arrangements for that to be 16 done by a local looksmith. And he visited the property on 1 17 believe it was Saturday or possiblY Sunday after Con's 18 funer.al and in faot changed the locks on all of the house. 19 I told connie that this was being done at the 20 funeral. 21 That's when we made arrangements to meet the 22 following day or sunday. I am not sure exactly the time, 23 but we did arrange to meet. ~ 24 I told her that -- open the house and let her get 26 in and get any of her personal things out of the property. ,':) " Q 1 Now, you have had an opportunity to review the 2 oomplaint filed by connie, is that oorreot? 3 4 A Q Yes, I have. And in there she asserts that as administrators 5 you have failed to provide her aooess to the property to 6 retrieve her items, is that oorreot? 7 A No, it isn't. She had numerous ocoasions. As 1 8 say, the first one, on the first oooasion when she saw the 9 Bangerts in the property, she became angry and left the 10 house. 21 11 While I was still in Pennsylvania the next oouple <:J 12 days, we called and attempted to oontact her to arrange for 13 her to get in the house. But she was most angry and simply 14 refused to continue. 15 I know on a number of occasions after those may 16 dates, she in fact was in the house. Lydia Bang9rt and Clem 17 Bangert were in the house with her on a number of occasions 18 I am told by Lydia. 19 She would be able to be more specific about the 20 dates. 21 22 23 24 v 26 Q Now, attached to her complaint -- A I am sorry? Attached to her complaint -- Q A Yes. Q connie ha~ provided a list of items which she n '",' 1 claim. to b. hers. 2 Have you had an oPPoJ:'tunity to review that? i, , , ,I )., 3 A You are .peakin~ of the list numbering like 155 4 it.m., a long li.t ..veral page. of item.? 5 Yes. That would be that which was attached to Q I' 6 the oomplaint as Exhibit A. Personal property of Connie L. 7 Sholly. You have hfld the opportunity to review that? 8 A Yes, I had, I did. 9 Q If you oould generally describe that list, I I 10 generally. 11 A Well, the list was several pages long. It :.) 12 inoluded over 160 items. When the list was initially 13 received, I conoluded basioally it was everything in the 14 house. 16 It inoluded ceiling fans, rougs, the window 16 curtains, you know, virtually or almost everything in the 17 house with exception of some large furniture items like the 18 pool table and dining room set, but it was a long list. 19 Q With regard to the list of items, have you been 20 able to identify any items that you know did not belong to 21 Connie? 22 A Oh, for certain, yes, quite a few of them. In v 23 faot, most of the items I or myself or Lydia or in fact 24 Don's ex-wife had idontified as being in tho house for many 25 years I in fact, some of the items were in that house when he 23 --- .1") "",I 1 was still married to Molly. II" 2 Q Any speoifio items that you know ot? spaoifio items, yes, I can reoall a number of :) A 4 things that Molly identified, one of them b~ing a w~dding !5 gitt that the two of them had. They were two wine glasyes, 6 long stemmed wine glasses that connie olaims were herB. II 7 Molly identir.ied them lIS wedding gifts to Don and B herself when they were married. There were a number of 9 piotures on the wall, 8 pioture that was actually taken, 10 oross stitcheQ picture that Molly had when they were 11 married. '") '. 12 A oross stitch that Molly identified that was a 13 gift from her and Don to Minnie Bangert, Don's mother. And 14 actually it actually hung in Minnie's house for many years. 15 Q Were there any other items that you recall seeing 16 in Minnie's house? 17 A That were in Don's house? 18 Q Minnie's house. 19 A Oh, on the list? 20 Q Yes. 21 A I am thinking I wish I had the list in front of 22 me to look at. But I think there was a blanket chest that 23 was actually -- that actually belonged to Aunt Minnie that 24 wae on that list. ,....) 25 There were -- there was a quilt on that list also 3 o 1 that belonged to Aunt Minnie, in feot, Aunt Minnie and my 2 other aunt, Helen, jointlY made that quilt when ~unt Helen 3 was still able to do it. She's partiallY paralyzed now and 4 in a nursing home. 5 Q Now, have you eve~ -- 6 A There may have b~on other items, but without the 7 benefit of the list being in front of me right now, I am not 8 sure. The thing I recall most about the list was it 9 virtually inoluded, you knoW, almost everything that was in 10 the house. 11 Q Have you ever refused -- ~ 12 A Kitchen utensils, canned goods and on and on. 13 The list I understand from Mr. and Mrs. Bangert was prepared ~ 14 while connie was actually in the house with them present. 15 She went through room by room and itemized items 16 that were in each room. The list was actually prepared from 17 a visit to Don's house sometimB well after Don's death. 18 Q Have you refused to give connie back any items of 19 her personalty? 20 A No. As a matter of fact, almost all of the 21 items, 160 odd items on that list, we as administrators 22 conceded to allow her to have. 23 There was something like twenty items that we 24 declined to give her because they're family items, family 25 heirlooms, clearly not the property of connie. 24 ~ 1 We all, in faot the administratot'S, inoluded, we 2 were -- there was no -- what is the right word, no effort to 3 prevent connie from ooncerted effort to prevent continuing 4 from having items in the house. Where we drew the line was ~ iteme that were of a family heirlo~m nature. 6 In fact, after agreeing that most of tho items on 7 the list be provided, the next problem we were phrasing was, 8 having her remove the items frOlft the house. It took several 9 months for that to oocur. 10 MR. MCNALLY t I have no further questions of you 11 at this point in time. 12 Ron, I am going to turn you over to Jill wineka ':~ 13 who will have the opportunity to oross-oxamine you. And you 14 can listen to her quel!ltions and answer them to the best of 16 your knowledge and/or belief. 16 THE WITNESSt Very well. 1.7 cROSS-EXAMINA'rION 18 BY MS. WINE1<At 19 Q Mr. Vantz, can you hear me? 20 A Hello. 21 Q Can you hear me, Mr. Vantz? 22 A Yes, I did can. 23 Q If you can't hear me, please say so before 24 answering any questions. ...J 25 A Very well. 26 I') I" 1 Q ~ 2 Did they usually include the Labor Day weekend? probably. As I say, we tried to be there in tho 3 late August through early september usually. 4 We may have been there on one occa3ion, may have 6 all been in the month of Octobor. The other oocasion may 6 have a 11 been in the month of September, but they' l'G a 11 in 7 that August, September time period. B Q Were you aware that Donald Bangert had a -- 9 Donald Bangert and connie had a chicken corn soup party or 10 get together every LBbor Day weekend? 11 A No, I was not. ,......, (...J Q Were you over invited to Donald's house to share in the festivities for the chicken corn soup dinner? 12 13 14 16 A No, I was not. Q Okay. YoU mentioned the time that you were 16 introduced to connie was at Donald's home in Mechanicsburg, 17 is that correct? 18 19 20 A 'l'hat's correct. 27 21 in fact, Donny and I went over to the carlisle home to bring Q Okay. Who was present when you first met connie? His mother was there. My Aunt Helen was there; A 22 her over for the lunch. And we also took her back, of 23 course. My wife was also there. v 24 26 Was there anyone else present? Q A I think that is it. 29 ~ .~ 1 him in this hobby? 2 A No. 3 Q You mentioned that Mr. Bangert oontacted you by 4 phone regarding leasing or renting Minnie'. former home in !5 Penbrook, is that true? 6 A Yes, that's correct. 7 Q Were you aware that connie was present when 8 Donald Bangert oontacted you in cftlifornia? 9 A She may have been, but that would surprise me. 10 Most of his calls I recall were from the base in 11 Mechaniosburg. He had the access to a toll free or 800 12 numbel:'s. I know that when he spo),e to me, at least on some 13 of the oocasions he called from his place of employment in 14 Mechanicsburg because he could call free of charge. He 16 mentioned that. 16 Q Okay. But you were not aware that every phone 17 call came when he was at work during work hours? 18 A Oh, I can't be certain of that. 19 Q At the time of Mr. Bang~rt's death, did you have 20 a key to his Mechanicsburg property? 21 A At the time of his death, no, I did not. 22 Q Are you aware that connie Sholly had a key to his 23 Mechanicsburg property? 24 A I surmised that as -- subsequent to his death, I 25 believe she provided the access to get into the house when :) ~ 1 hi. body waa recovered. I presumed that she did have a 2 key. 3 Q Do you admit Connie was living with Mr. Bangert 4 at the time of his death? 5 A I oertainly didn't see any evidenoe of that being 6 in the house prior to Don's death or after hi. death. 7 Q Did you have an o~casion to have aooess to Don's 8 property after he past? 9 A Yes, I did. 10 Q Okay. 11 A I indicated that. 12 Q I am sorry, I didn't mean to interrupt you. It's 13 sort of a little -- 14 A Yes, I was in the house after his death. 16 Q Okay. 16 A The coroner turned the keys the aocess to the 17 property over to my sister and I along with other personal 18 effects that he had taken from Don's house when the coroner 19 had searched the property. 20 Q Do you know who gave the OOroner access to Don's 21 home? 22 A Not specifically, no, I do not. 23 Q When you were in Don's house after his death, did 24 you have ocoasion to go to his bedroom? 25 A Yes, I was all through the house, correct. ~ o 30 n ", 1 Q A ~ And did you see women's night gowns in his home? As a matter of faot, I did. I did see women's 3 lingerie or my gowns in his bedroom, yes. 4 Q A 6 6 Q 7 Did you see women's robes? I can't say as I saw a robe, no. A Slippers, female slippers? I don't recall that. I wasn't really looking B specifically for items. I just visited the house. I was 9 attempting to secure it. 10 We rigged up lights in the upstairs area to come 11 on a timer so that it would appear someone was still living 12 in the house. But I wasn't there to inspect the property or 13 inventory what was in the property, but I did notice that 14 there were lingerie type items. -) 16 Q Did you also notice that there was ladies make up 16 in the bathroom and in the bedroom? 17 No, I did not notice that. There may have been, A 18 but I did not notice it. 19 Did you also note that there were feminine Q 20 products in the bathroom? 21 I know I did not notice that. As I say, I was A 22 not searching the house, we were there to secure it. 23 If you would have noticed these items, would it Q 31 24 have led you to believe that Don was residing with a female? ~ 26 A I don't know about living with, but certainly ~ 1 that there were females at the house or may have been at the 2 house. 3 I certainly do, if she would be wearing lingerie 4 or using oosmetios. 5 So I would have to conclude at some time there 6 was a woman or women in hie houso. That doesn't surprise 7 me. He was a bachelor and I wouldn't consider that out of 8 the ordinary. 9 Q Isn't it true that connie Sholly explained to you 10 that the female items in the home, the clothing, the makeup, 11 the produots, were her items beoause she was living with ') . 12 Mr. Bangert? A At what point in time? 13 14 After his death when connie spoke with you and Q 15 she requested that her items be returned? 16 MR. MCNALL'll Excuse me, Ron, you have to be more 17 specific. 18 THE WITNESS I She didn't indicate she was living 19 with, she indicated she had some personal items in the house 20 that she would like to and she also asked Michelle and if 21 she could have some of Don's personal effects as momentos of 22 his, and we agreed to that. 23 There was no attempt or no effort at any time to 24 not respect connie's feelings or whatever concerning Don. v 26 Q Are you telling me that Connie never told you 32 -- ,~ 1 consequent~y, we invited Clem and Lydia into 2 Don's house. We were in the Uving room of his house when 3 connie arrived. When she saw Clem and Lydia in the house, 4 she beoame very upset and very agitated and left the house !5 in anger. 6 Subsequent to that, Miohelle and I oalled her on 7 several ocoasions and actually went by her house leaving a 8 note on her door, but she refUsed to respond to our 9 inquiry. 10 I spoke to her several days after that, after 11 returning to california a week or two, I am not sure of the '.') ... 12 timing, but when I did speak to her, she expressed anger 13 about the Bangerts being in the property. 14 I tried to explain to her that they were heirs to 15 Don's estate, his unole. And that the Bangerts were also 16 trying to find other possible heirs to the estate. Tried to 17 indicate to connie at the time that we had no problems or no 18 objections to her removing her personal ltems or for that 19 matter momentos that she would like to have from the house, 20 that has never been an issue. 21 However, what I surmise occurred was that she 22 never followed through with meeting Miohelle and/or Mr. And 23 Mrs. Bangert at the house to retrieve her items. 24 Q Are you aware that the time that you indicated .--..) 25 that connie showed up and discovered the Bangerts there and 34 ~ ! ,-.., 1 1 left, are you aware that it w~s connie who physioally drove 2 them and qllve them direct10ntJ to Donald Bllnqert's home 3 beoause they were not aware of where he lived? 4 A They were certainly aware they had been in Don's 5 house in the past. Clem and Lydia knew where Don lived. 6 There waB never an issue as far as that goes. 7 Q How do you know? B A 'rhey had boen in Con's house before. Before his death? 9 Q 10 A Yes. They told me that, that they had been in 11 Don's house, Clem and Lydia. :) 12 Q Do you recall finding a oamera in Donald 13 Bangert's home? 14 A As a matter of fact, yes. I think there were 15 actually two cameras. 16 Q And did you or one of the other co-administrators 17 have the pictures devel~ped that were in the oamera, one of 18 the cameras? 19 A I certainly did not. I don't know if my sister 20 did. It's possible that Clem did. I don't know for a fact, 21 but I do know that there were oameras there. I believe one 22 of them was claimed by Connie as hers, and to my knowledge 23 it was returned to her. o 24 Q Okay. But I am talking about the other camera with film in it that was developed. 25 36 ~ 1 A Q A Q 2 3 4 Did I have it developed, are you asking? Ye.. No, I certainly did not, no. Have you seen the pictures that were developed & from that uamera? 6 A I law lots of pictures from Don's house, mostly 7 f.mily pictures, but I can't honestly say that I saw 8 ploture. that I knew came from that camera. I don't recall 9 speoifioallY photographs or photographs being identified as 10 ooming from that camera. 11 Q okay. Mr. Vantz, our office had sent what are '" .~ oalled request for. production of documents. 12 13 14 A Uh-huh. Q Did you see the responses that were prepared by 1& you and the other co-administrators? Have you seen those 16 doouments that were sent in response? 17 A There were numerous documents. I did see, I am 18 aure, all of them. I am not sure specificallY which ones 19 you are referring to. 20 I am actually referring to the pictures that were Q 21 marked film developed from Don'a camera after his death. 22 A I don't specifically recall that. If you say 36 23 they were on the list, I certainly would not argue that, but 24 I don't specificallY remember that item being on the list. v 25 Q Do you recall seeing pictures including connie or 37 i') :) 1 connie and members of her family from the film? 2 A No, I do not. 3 Q Did you have an opportunity to go through the 4 photo albums or look at other pictures that were in 5 Mr. Bangert's home after his death? 6 A As a matter of fact, yes, I did. 7 Q Did you see any pictures whioh included Donald 8 Bangert and Connie Sholly together? 9 A I believe there were some. 'fhere were quite a 10 volume of pictures, most of them were older family 11 pictures. 12 The more recent ones that I saw there, I reoall 13 seeing piotures that I believe of Don with connie. I also 14 reoall seeing picture of other women also that I did not 16 know who they Were. 16 Q Okay. Were there pictures in the photo albums 17 themselves of Don and Connie together? 18 A In the photo albums? 19 Q Yes. 20 A No. I don't think there were any in the album. 21 The album tended to be mostly I think at Aunt Minnie's 22 house. The photographs of a more recent nature, my 23 recolleotion were not in an album, they were just loose or 24 in envelopes, but the ones that were neatly in albums that I 25 recall were from my Aunt Minnie's house because they were v 38 '~ o 1 older family piotures. 2 Q okay. 3 A Baok many years. 4 Q Are you aware that connie made the funeral !5 arrangements for Mr. Bangert? 6 A No, I am not. 7 Q Who do you think made the funeral arrangements? 8 A I don't know who made the arra'lgements. It 9 wouldn't surprise me if she had. 10 Q Are you aware that connie chose the music for the 11 funeral and the viewing? 12 A Yes, that I was aware of. She told me that. 13 Q You also aware that connie made arrangements to 14 have Mr. Bangert's friends speak at tho viewing and the 16 funeral? 16 A No. Numerous people spoke at the viewing and 17 funeral including myself. And my reoollection it was an 18 invitation made, general asaemblage by the funeral director 19 or the minister, it was probably the minister. But several 20 people spoke at Don's service, myself included. 21 Q Did you have an occasion to go to the depot where 22 Mr. Bangert formerly worked? 23 A Yes, as a matter of fact, I did. 24 Q And after you went to the depot and reviewed his 26 papers and thd various insurance pOlicies, did you contact , " ,) - I} I;,J,. 1 connie Sholly? 2 A No. When I was at the site in Mechaniosburg at 3 the depot, all I reoeived from his boss or hi. superior , 4 there was names of persons to contact regarding his !5 benllfit. 6 lilt did indioate to me that he did have government 7 life insurance and did a number of other retirement B programs, et cetera, but I didn't actually see any of 9 doouments. 10 He gave me the telephone or name of th~ person to 11 oontaot who that handled these issues for the government, :; 12 a woman out of a government office. 13 Q Did you contact this woman? 14 A Yes, l did. And you did learn that some policies were payable 16 Q 16 to the estate of Donald Bangert, is that true? 17 A That's oorrect. Thare were no nam~ 18 benefioiaries. 19 Q At that time, did you contact Connie Sholly by 20 phone? 21 A No, I did not. 22 Q Isn't it true that you called her at her home and 23 told her that her name was not on a damn thing? 24 A A damn thing? Q 25 Q Yes. 39 ,....., ... 1 A Are you trying to quote Domething I allegedly 2 said 1;0 hltr? 3 Q I am saying, isn't it true that you oontacted 4 connie Sholly at her apartment and told her that you had 5 r.viewe~ the employment papers and that her name was not on 6 a damn thing? 7 A Not on a damn thing? I specificallY don't reoall a saying that, no. 9 Q Do you ever recall telling connie if she wanted 10 her things back, she would have to buy them at a public 11 auction? I,:) 12 A That's not Qxactly true. When -- the public 13 auction issue came up as a result of connie failing to 14 remove the things that we had already agreed, 140 some items 16 that we had already agreed as co-administrators of. the 16 estate to give her. We ware planning on selling the 17 property. And at the time we were hoping to have a public 18 auction. 19 Again, we were doing this to right -- to preserve 20 the value of the estate because the house had been 21 burglarized on a couple of occasions after Don's death. 22 The administrators concluded it would be best for 23 the estate to have an auction or sell the contents of the , ~ 24 property before they were carried away or robbed. 25 I told her we were planning on doing this, hoped 40 ;"1 1 to do it before the winter months and that if she wanted the 2 items that she identified and we agreed to give her., she 3 should get them out as soon as possible, otherwise they 4 would be inoluded with the property that would be put up for 6 public auction. That's what occurred. That's what was 6 .said, yes. 7 Q Isn't it true that you told her if she doesn't B take what you are willing to give her, she gets nothing and 9 she would have to buy everything at the public auction? 10 A I don't recall specificnlly saying that, but 11 certainly that was the invitation, if she didn't remove what -........ ,~ 12 was agreed that she could have, that whatever was there, 13 would be offered at a public auction. 14 So the conclusion would be, of course, if she 16 didn't remove it, I!Ihe would have the opportunl.ty to get l.t 16 at public auction along with anybody else. 17 Okay. Mr. Vantz, I am going to ask you about Q 18 some speoific items that are in question, the personal 19 property. 20 A Uh~huh. 21 Q You mentioned two wine glasses that were marital 22 gifts to Don and his first wife. 23 A That's what I was told by his ex-wife, Molly, \.,) 24 yes. 25 Q And isn't possible that Don could have gifted 41 n 42 --- 1 these items to connie ~inoe his break up of his marriag~? 2 A It's possible he could have gifted them to her, 3 oertainly that's possible. I don't see any evidence that 4 ooourred, but it is possible. 6 Q 6 A 7 Q What evidenoe would you be looking for? That shB had removed them from the property. If she was residing with Mr. aangert and the 8 items were there, why would she remove them? 9 Well, she was residing in Shiremanstown. I was A 10 at her house in Shiremanstown. So I maintain she was not 11 residing there. There was no real evidence that she was 12 actually residing at the York st~eet property. '> ,~.. 13 Q There is a snow scene, a picture of snow scene, a 14 photograph taken by Mrs. Murin -- 15 16 17 18 A A photograph of a -- Q Snow scene. A A snow scene, yes, I recall that. Q You aware that Don gave this picture to connie 19 prior to his death? 20 21 I am not aware of that, certainly not. A Q There was a cross stitched picture that is at the 22 center of controversy, could you describe this cross 23 stitched picture? 24 Yes. I remember seeing it, it had an inscription A ,.....) 26 on it that was -- that certainly had to do with Don's oval --- 1""1 L, 1 beoause it was a mother's day gift accordinq to Molly, Molly ;I and Don while they were still Plarried to his 3 mother. by his 4 It wa$ approximatelY a size eight and a half by 6 eleven, roughly framed oross stitched. I don't know what 6 you oall it, picture that was behind glass. 7 Q Okay. Are you aware that there was another cross 8 stitched picture described as oval with butterflies that 9 bolonged to connie? 10 A I don't recall an oval cross stitched picture. I 11 don't recall. There may have been, but I don't recall <) 12 seeing it. 13 I do recall the one that not was identified to as 14 given to Don's mother. 16 Q There is a blanket chest. Are you aware that Don 16 refinished this blanket chest, and gave the item to connie 17 as a Christmas present? 18 A Am I aware of that? 19 Q Yes. 20 A How could I be? 21 Q Did connie ever tell you that that was what was ,22 done? 23 A Not to my recollection. 24 Q Describe the quilt. 'u 25 A I really couldn't describe it because I didn't 43 !) 1 lee the quilt. It was identified by other people, my Aunt 2 Helen, who actually w~rked with Aunt Minnie as well as my 3 lister, Miohelle, who had seen the quilt on a couple of '.,., 4 coossions. I don't remember specificallY of it. 6 Q Who is in possession of the quilt at this time? 6 A Who is in po.session? 7 Q Yes. 8 A I don't know if it is held by the Bangerts or my 9 sieter one of the two. Quite probably my sister. 10 Q Do you know what colors or the size? 11 A No, I don't. 'J 12 Q You really -- I didn't have any interest in the quilt, my 13 A 14 interest at the time of 15 Q Did -- there is also a butter churn with 16 marbles? 17 A Yes, that was in Aunt Minnie's home. 18 Q You are sure it's that specific butter ohurn that 19 was in Aunt Minnie's home? 20 A I can't say that it was that specific one, but I 21 reoall one like it in Aunt Minnie's house. 22 Q Who has possession of the butter churn at this 23 time? ~ 24 A I can't say for certain again, but I would 25 suspect my sister would have that. That's a probably, I - 44 'I 1 don't really k"ow. 2 Q A 3 4 Q 6 item? 6 There is also a roasting pan? A roastinl" pan? Yes. Do you know who has possession of that A Aluminum roasting pan, no, I don't knowl in fact, 7 l.t oould still be in the house, for all I know. 8 How do you know that item is Donald Bangert's and Q 9 not connie's property? 10 Because I was his mother's roasting pan. I A 11 remember my Aunt Helen had one identical, just like it. Do you know ", ....) Q There is also a square oak table. do you have possession of that item? 12 13 14 A No, I don't. The oak table that you referred to 15 was in my Aunt Helen'S property for many years. 16 17 Q Okay. Could you desoribe that table to me? It is like a wash stand. It's -- the size of it A 18 is like a small dresser, although it is not a high dresser. 19 It's fairly low item. I think it was originally a wash, 20 where a bowl and water pitcher. 21 Q I actually think you are talking about a wash 22 stand, I am talking about a square oak table. 23 square oak table. The dining room table, are you A 24 referring to? If you don't know anything about it, then v 25 Q No. 45 ~ ,....., v 1 you don't know. ~ Do you know anything about a squaro oak table? 3 A No, I oal1't vlsualiZll what you are saying. 4 Q Okay. There is Home ohildrens books, antique 5 ohildrens books. 6 A Correct. I saw those. 7 Q Do all of the books have your name or Donald 8 Bangert's name or someone else's name in them? 9 A None of them that I reoall had my name in them. 10 I don't know why they would. When I saw these books, I did 11 pull a few out of the pox and leaf through them and I did 12 see some of them there were Donald's name Rnd his brother as 13 well as some of them with Don's name in with tape. 14 This probably given to Don and/or his brother as 15 children by my aunt, who knows? There were a number of 16 them. Many of them were definitely Donald and Danl,el 17 Bangert. 18 Q Did you go through each book? 19 A Pardon? 20 Q Did you go through each of the children books? 21 A No, I did not go through each of them. Thera was 22 probably 25 or 30 of these books in a cardboard box. 23 Q There may be some of the books without Donald's 24 or his brother name in them? 25 A There certainly may be, yes. () I'") MS. WINEKAI I just need a seoond, then I am , ': 1 2 done. okay. I don't have ~ny further qu.~tiona. Thank 3 you. 4 REDIRECT EXAMINATION " 5 BY MR. MCNALL'll 6 Q Ron, I have just a couple quiok follow-up 7 queations. I know that you have to catoh a flight. 8 A No p:>:l.blem. 9 Q probably should be just about awake by now. 10 When did you notify connie that you were planning 11 a public auction? :) 12 A I can't be speoific about the date. But as issues evolved over a period of time, we had listed the 13 14 property for sale and our intent was to clear items in the 16 house, No.1, so it could be sold, and No.2, so they 16 wouldn't be stolen as the house had been burglarized a 17 couple times before Don's death. 18 But as far as removing the items, I suspect that 19 it would have been sooner or later after we received her 20 list of 165 or whatever odd items. 21 We went through that list and itemized almost all 22 of them 140 odd items that we as co-administrators. It 23 wasn't my choice alone, it was all three co-admj,nistrators 24 reviewed the list. ',U 25 And we concluded that we had no objection for 47 ~ . , 1 very, very definitely after that oonfrontation, if you want 2 to oall it that, on ~ehalf of the 3 Q So Ron, you refuded to give connie items, a 4 limited li~t of itemB which you knew Were not hers, oorreot? 6 A That's correct, yesJ in faot, I am surmising 6 that, and with Bome degree of reliability that almoBt all of 7 the 160 odd items were not hers beoausB there was ~ ceiling 8 fan, the ourtains in the house, the rugB on the floor, the 9 cooking utensils and food. 10 The list, as I say, virtually included everything 11 that was in the house. Obviously some of those items ?r o 12 most of those items were there before Don even knew connie 13 and they had been removed, there would be very little for 14 Don to live with should he not have died. 15 It's hard for me to acoept all of the it~ms 16 listed on that 160 odd some list were her property. 17 And she never -- Q 18 A But even BO, we agreed to give her almost all of 19 the items acoept those that we knew for sure wore, you knoW, 20 wer.e evidence or had evidence to the contrary were family 21 items. 22 She never told you Donald had gifted these items Q 23 to her, is that correct? I"~ " ,.., 24 That'B oorreot. A 25 MR. MCNALL'll I have no further question~. 9 , ,.., t') '" 'rhbnk you, Ron. MS. WINEKAI I have one follow-up question. 1 2 3 THE WITNESS' Yes. 4 CROSS-EXAMINATION Il BY MS. InNEJ(A1 6 Isn't true that you or your attorneys presented Q 7 Connie with a release to sign? A A A release to sign? A release acknowLedging that she is getting 9 Q 10 certain items and that she is waiving her interest in any 11 other items of the estate? ,:) 12 MR. MCNALL'll Hold on, Ron. I will objeot, you 13 are asking him to make a legal conclusion. I don't think 14 that's proper. 11l MS. WINEKAI I don't think it's legal conclusion. 16 It's a dooument that was sent. 17 MR. MCNALL'll If you simply state your question 18 that he received a release, I have no problem with that. 19 BY MS. WINEKAI 20 Have you reviewed a release that was prepared by Q 21 your attorneys? 22 A I don't recall of seeing a release, you know, 23 without something to look at, to identify what the release '\J 24 is, I don't reoall of seeing a rel~ase prepared for connie 25 to be signed. Is that what you are indicating? 150 51 o (J 1 Q Ye.. That's what I am asking. 2 A I don't recall of aotually .eeing a relea.e 3 prepared for connie to sign. 4 MS. WINEKAI o~ay. !5 (Whereupon, the deposition was ooncluded at 10113 6 a.m.) 7 8 9 10 11 12 13 14 :\.6 16 17 ' , 18 19 20 21 22 23 24 26 10 o 1 COUNTY OF DAUPHIN 2 SS 3 COMMONWEALTH OF PENNSYLVANIA I 4 I, Maria N. O'Donnell, a Notary pUblio, authorizod to 6 administer oaths wit\1in and for the commonwealth of 6 Pennsylvania, do hereby certify that the foregoing is the 7 testimony of RONAI,D C. VANTZ. 8 I further certify that before the taking of said 9 deposition, the witness was duly sworn/ that the questions 10 and answers were taken down stenographically by the said 11 Report.et'-Notary pUblic, and afterwards reduced to o 12 typewriting under the direction of the said Reporter. 13 I further certify that the said deposition was taken 14 at the time and place specified in the caption sheet hereof. 15 I further certify that I am not a relative or employee 16 or attorney or oounsel to any of the parties, or a relative 17 or employee of such attorney or counsel, or financially 18 interested directly or indirectly in this action. 19 I further certify that the said deposition 20 constitutes a true record of the testimony given by the said 21 witness. IN WITNESS WHEREOF, I have set my hand 22 23 this 1ST day of NOVEMBER, 1996. , \.J 24 Nnl 111.\1 Sl'lll M"riil Nntllht 0 Uor.lll!11 Notary Public f.l;lrf1rhljIQ,IJil11r,t-'ln Counly "."'" If)" F" ~;IY 13.2000 25 52 ORIGINAL I \ ~ CONNIB L. SHOLLY, PLAINTIFF IN TIIB COURT OF COMMON PLBAS, CUMBBRLAND COUNTY, PBNNSYLVANIA v MICIlBLI.B S. MoNBAI" RONALD C. VANTZ AND CLBMBNS A. BANGBRT, CO-ADMINISTRATORS FOR THB BSTATB OF DONALD L. BANGBRT, CIVIL ACTION - LAW 95-6476 CIVIL TBRM DBFBNDANTS DBPOSITION 01"1 LYDIA BANGBRT TAKBN BYI DBFBNDANTS BBFORBl DONNA B. RICHARDS, RPR NOTARY PUBLIC " DATBl SBPTBMBBR 19, 1996, 1143 P.M. ,4 PLACBI JAMBS, SMITH & DURKIN 134 SIPB AVBNUB HUMMBLSTOWN, PBNNSYLVANIA APPBARANCBSl PURCBLL, KRUG , HALI.BR BYl JILL M. WINBKA, ESQUIRB FOR - PLAINTIFF ( , "., <") ..., "'1 " .,. II . '1 ; i r I, I :'2 -_I ( , \ " Ie.) ,.,-} '},I "- I 1 ~ - ,:'<3 " ~: I .. :J ~ ' , i.. ,,,,. ~~ JAMBS, SMITH & DURKIN BYl JOHN McNALLY, BSQUIRB FOR - DBFBNDANTS ALSO PRBSBNTI '~ CONNIB L. SHOLLY CLBMENS BANGERT ~ 7llbrigli, 'Foltz b-'JVat4le ~ SerVia, 8"" 11& PINE STREET' HARRISBURG, PA 17101 He"l,burg 717-23H644 Fe. 717-232,0637 Lonee"er 717.393,&101 ~ WITNBSS DIReCT CRO~S RBDIRBCT RBCROS~ 1 2 NAMB 3 I.YDIA BANGBRT 4 15 BY MR. MoNALLY 3 71 .. 36 BY MS. WINBKA .. .- 6 7 B 9 10 BXHIBITS PRODUCBD AND MARKBD 11 DBPOSITION BXHIBT NO. 'J 12 A. PBRSONAL PROPBR~Y OF CONNIB L. SHOLLY 24 13 B. LIST OF ITEMS TO BE RBTAINBD 14 BY TIIB BSTATe 29 15 16 17 18 19 20 21 22 23 24 ." ) ~,; 25 2 .. ... 3 ('l 1 2 STIPULATION 3 It ia hereby atipulatfld by alld between ooun..l 4 for the reepeotive partiea that readillg, aigning, ae.ling, 5 oertifioation and filing .re hereby waived. Ii 7 LYDIA BANGBRT, oalled as . witness, being duly 8 sworn, testified as followSl 9 10 MR. HoNALI.YI This J.s for trial deposition. 11 We're going to argue all objeotione, but they'll be 12 anewered for the reoord .nyway. "~'... ) .......1 DIRECT EXAMINATION 13 14 BY MR. MoNALLY' 15 Q Would you ple..e .tate your name for the 16 reoord? 17 18 A Lydia Joyoe Johnson Bangert.. Lydia, as you know we're here to take your Q 19 trial drposition. We're taking your trial deposition 20 beoause you have indicated that you would not be available 21 at the tim~ of trial and still deem it neoessary to 22 provide testimony, and we've discussed that. 23 In this deposition I'm going to be aeking you a 24 series of questions. The questions and your responses ,i will be taken down by Donna, who's taking a stenographio 25 o :) ',.-.1 4 record of it. We are then goinq to pre.ent thi. to the oourt in lieu of your live te.timony. Jill wineka i. here to represent Connie Sholly. After I'm done aeking you my queetione on direot examination, Jill will have an opportunity to oroe.-examine you. A. I had mentioned, we're going to be aaking you a seriee of que.tions. If at any time you do not hear the question that I have asked you, or you don't understand the question that I have asked you, I ask that you ask for an explan&tion. Beoause if you anewer the question, Jill is going to be able to ..sume that you understood the question and answered it truthfully. If at any time you want to take a break, we oan go off the reoord, and loan explain things to you. And we can go off the record for any purpose for that matter. And with that in mind, do you have any questions? A No, I think that's perfeotly olear. I'm ready to begin. Q Lydia, where do you live? A 313 Salt Road, Bnola. Q HoW long have you lived there? A Since 1956. Q Do you live there with your husband? A Yes. 1 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I} I.., 1 2 Q ;;,1' I' . A 1/1 . 3 4 15 6 Q f' , A Q A II Who i. your hu.band? Clem.na Bangert. The gentleman .itting to your right? for 49 and a half yeara. Okay. Did you know Donald Bangert? Y.., I did. 7 Q How? 8 A Well, I u..d to ohonge hi, diaper. to begin 9 with. II" W88 my nephew. 10 Q He i. your nephew. If you oould juat take a 11 moment to generally deBoribe your family tree? 12 13 14 A Q A :l I 'i You mean the Bangert family tree? Well, yes, Donald's family tree, and to the Don'B father was Harry Bangert. His mother was IS Minnie. H~ had a younger brother who diad of oanoer At -- 15 16 or older bother who died of oanoer at the age of 16. 17 Dan's father al.o had a aister, her name was Gladys. She 18 died a year before Don did, and Bhe had four children. 19 Don's mother had a "iater and a brother. The brother was 20 Miohelle and Ron's father. ,...) 21 22 23 24 25 Q Are those the co-administrators of the estate? A Yes, yeah. Q And how do you fit into that pioture? Well, I'm attaohed to this. A Q ThiB being Clem? " ~ 1 A And when he oame baok from Florida, we were 2 home about a day and a half when our eon called ua and 3 wanted to know if Donald Bangert, who.e obituary was in 4 the paper, was related to us. I said, well, there were 6 5 three Donald Bnnqerta that we knew. And if he lived in 6 Mechaniosburg, it would be a couain. 7 And he said, well, the paper aaid South York 8 street. And I aaid, well, that's your oouain. And he 9 eaid, well, he's younger than you, so it has to be. We 10 went out and got a newspaper, and we were surprised to see 11 that there were no survivo~s listed in the paper. It just 12 said Connie was his fiance. It didn't mention Ron or any ''') ".~' of U8. 13 14 Q 15 A 16 17 Q A Now, that was in the newspaper? Um-hum. Do you know who put that ad in the newspaper? No, I -- I assumed that it would have been 18 Miohelle or maybe Connie, I don't know. 19 Q 20 oorreot? 21 22 Okay. Now, Clem is a co-administrator, A Right. Q And are you aware of the re8ponsibilitie8 of an 23 administrator of an eatate? ,..) 24 25 A Yes. Q If you could, generally deeoribe them a8 you -- 7 r'j 1 A Well, you have to take oare of all the 2 finanoial probleme, pey all tho bills, make eure thet 3 nothinq that is given away that ehouldn't be given away. 4 And generally proteot the intereeta of all survivon, and 5 if there are -- if there' e evidenoe of other surv'ivore, 6 you have to traok them down and notify them. 7 Q Haa Clem been able to fulfill his 8 responsibilities in that regard? 9 A He had oongeetive heart failure, and he thouqht 10 he wae dying, and he asked the nun to get -- 11 MS. WINBKAI Objection. HearBay. 12 BY MR. MoNALLYI '-) ."r' Go ahead. 13 Q 14 A Well, I brought the paper along that wae eigned 15 by the social servioes, and it waB dictated at the 16 hospital. But he oould not hear properly, and he asked me 17 to be his ears. 18 And baoause of his physical condition, he was 19 not able to do a lot of thingB, and so our attorney said 20 under those circumstances, I could go ahead. And he 21 acoepted a oopy of the statement my husband eigned at the 22 hospital giving the power of attorney for any illneBs he 23 had or any disability. 24 25 Q So you have a power of attorney for Clem? A If he's unable to perform hiB duties. B __I 1 Q Have you helped him out with the administration 2 of thia estate? J A Yee, I -- wo didn't know where hiB sister was. 4 We hadn't heard from her for years. We knew ahe had three 5 ohildren and was pregnant the last time we saw her. 6 ISo I talked to Mr. Baturin about it, .1nd he 7 lIIid we could try co'~rthouseB, and Bee if we oould find a B deed regi.Btered. So I oalled Cumberland County and 9 Dauphin County courthouse., and I found a deed to her 10 lister and her husband listed in lIarrisburg. 11 And the next day we went to her homo, and there 12 was no one there, so we talked to the neighbors. And we 13 learned that his sister had died the year before, and that 14 there were four ohildren. And we asked this woman to let 15 them know that we were there. 16 And I stuck a note on her door, and just as I 17 was leaving her son oame in. And I told him about it, and 18 he thought it was a hoax. So I had gotten the name of his 19 three sisters from the neighbor. And I went home, looke~ 20 them up in the phone book, and called until I reaohed one 21 of them. I told them who he was, and asked them to get in 22 touch with Mr. Baturin. And then he added their names to 23 the list of heirs. 24 Q Of heirs, okay. Now, was Clem granted letters . 25 of administration? o A 1 2 3 4 5 6 7 8 Q A Q A Q A Q Yel, he wal. Wae he alone in that grant of letterl? No, it waa Mlohlllle and Ron Vantz. Ron Vantz is not looal, ie he? No, he'a in California. okay. Miohelle ii, however? Miohelle ia in Harriaburg. Now, YOU've been alked from time to time to aot 9 al C1Qm'8 eurrogate in performing hia relponaibilitie.? ,"''') -' 10 11 12 13 A Q A Q 14 15 16 17 18 19 20 21 22 23 24 ) '-~ 25 Um-hum. AI co-adminiltrator, il that oorreot? Yeah. Okay. Did you know Donald and Minnie Bangert? A Yel. Q Okay. Had you ever been in Donald'a houee? His home in Meohani.olburg? A Q Yel, prior to his death? A No. Q Had you "een in Minnie' I house? A Many timel. Prior to her death? Q A Right. We were very good friends. Q And her house was where? A At 2016 Butler street. Q Did you 9 o 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 -,\ 10 A In Harriaburg. (I During the timea that you werll in Minnie' a houee, did you b800me familiar with her per&ollal poe_ea.ione, furnishings, and property? A Yes. (I When did Minnie pass away? A I believe it wae in Ootober of 1993, the exaot date I don't ~- I don't know. (I Where did the majority of her asseta go? Do you know where the majority of her a.Betu went when ehe passed away? A Well, Don was her immediate heir, and she had aet up a trust fuud for Ron and Miohelle. (I As for peraonal property and furnishings, who received those? A We were not here when that happened. We were not even advised of her death. We didn't learn about it until the nigl.t of Don' s viewing. Q Okay. Now, you have been in Donald's house since his passing, oorrect? A Yes. Q And this was the ~- you had never been in it before, correct? A No. Q Okay. In fact you really didn't see muoh of 11 ~ ,"' 1 2 DQnald ~he la.t .evetal yeara, ia that oorreot? A No, there were aeveral oooa.ionR, but .inoe we 3 were apending Beven montha of the year in Florida, we 4 didn't have muoh time beoaua. my hUBband had betin ill. I & had had .urg.ry, and I had a brother who wa. dying of 6 oanoer. And we livod in York, and the monthe that we were 7 here we were very buay. a Q Prior to Donald'B death, you never met connie 9 Sholly, oorreot? 10 11 A No, I knew nothing about it. Q So you really oouldn't tell ua if they were 12 engaged? -) No, he had never mentioned her to us. We 13 A 14 didn't,see him that often. 15 16 Q You weren't aware of any impending marriage? A No. 17 Q When were -- when was the first time you were 18 in Donald's house on York South? 19 A The day after his funeral, I think it was Hay 20 __ Hay 27 or 28. It was a Sunday. He waB buried on 21 Saturday, and that was on Sunday. 22 23 Q Who was with you? A My husband and Ron left us in. He wae there, 24 Miohelle MoNeal waB there, and Fred Staley and our son 25 Bruce. J 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 12 Q Okay. And what wal the purpole of qoing into the hOUlJe? A Well, we wanted to let them know that we were there, and that there were lome other heir. that they ahould be aware of. And we had gone over initially, we wanted to take pictures of the houle and the ground.. And when Michelle and Fred oame IJp, we aBked if they had a key, if we oould get in. ~. thought we'd like to eee it. Q And did you go into the houae at that time? A Yes. Q Okay. If you oould just generally describe the interior of the houae? A We went up -- MS. WINBKAI I~ this as it looked when she tint saw it? BY MR. MoNALUI Q As she saw it. A We went up the stairs into the front poroh, into the dining room. There waa a dining room Buit. The living room had a large Bofa. A ver.y long -- looked like it was an oak cooktail table with a shelf under it. There was a blue reoliner, locker, a marshal top antique table, a square one. There wap a bookoase at one end of the sofa. There was the baBe of a dresser. At the other end of the ...., 1 2 3 4 5 II 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I c"-" 13 room there wae an oak oon.ole holding the TV, the atureo, VCR and tapee and reoord. and osaBettes. Thore waa a amall rooker at the beRG of the Btair landing that oontained a couple teddy beara. a Okay. A There waa a lamp without . ehade beaide the aof., and there were two boxea -- two boxea from the etoreo, one on either end of the eofa. Q How would you deeoribe the oondition of the property inside? A It was pretty dirty and unkept. There were autumn leaves from the fall before allover the floors. When I moved the sofa there was an area that thiok that had peanut shells and all that kind of stuff under it. There were a lot of oobwebs, and there were spider ooooons at least this big on the window sille and the base boards. In the kitohen, the pots and pans and utensils from hie last meal were sitting there. In the little spare room on the first floor there was another blue recliner whioh was coated pretty thickly with oigarette or oigar ashes. And on the seat were about ten pint oardboard cartons that had chocolate milk in it. There were a oouple wire iron planters, some flower pots. A hodge podge of things, a lamp, the wooden box which has books in was there. A couple lamps without ,-...... 1 \ 2 3 4 II 6 7 8 9 10 11 l'l 13 14 15 16 17 18 19 20 21 22 23 24 25 14 .hade.. I'm trying to think. There wall the glaBe pain to put ill the living room IItorm door. Part of a trellie. There wall 1I0me unuBed wall lath. Q Okay. Now, in generlll terme, wall there any evidenoe that " woman wae living there? MS. WINBKAl Objeotion. In termB of oleaning, the etatus of ehe -- MR. MoNALLYI We oall go off the reoord. (DiBouBBion held off the record.) TUB WITNB6S1 There was some laundry ~n the dining ~oom table, h~~ it got there I don't know. But upstairB there were two pairB of shoeB. There waB a teddy hanging 011 the -- on the mirror of the dresBer, a couple robes and Borne blouses. BY MR. McNALLY I Q Okay. So there was evidenoe that a woman had been there? A There was evidenoe that there had been someone there. Q Why were the 10ckB ohanged on the property? A Coroner -- when I oalled the coroner to find out what was the oaulle of Don's death he told me that he had instruoted Miohelle and Ron to have the locks changed, and that he had put seals on the doors, like the polioe thing that you're n~t Bupposed to cross the line. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 MS. WINB~1 I'm going to objeot .a to hear.ay, but go ahead. BY MR. MoNALLY, Q When you want into the property for the tir.t time, did you reoognlzQ any itema that were in Donald's house that had been in Minnie's house? A I did. In the baok room were two metal planter holders. One was -- one which -- Minnie and I had eaoh bought one when we took .he and her husband to Florida with us on a vaoation. And the other one I didn't reoognize. In the living room there was oounter OrOSS stitch plaque that add mother, whioh was in Minnie's living room in Penbrook, which she had Bhowed us and said that Molly had given it to her on mother's day. And ehe was very proud of it, and she drew our attontion to it several times. There was a wooden swan whioh used to be on Minnie's fireplace, and that was in the baok room where all the cartons were. I'm trying to think. The blue ohair I don't know anything about. Upstairs in the bedroom was a oheet, I guess you oall it a blanket chest, which I reoogni~ed as having been in the upstairs bedroom at the Butler Street home because Minnie had given me some supplies for Q oraft 16 n ~ ';' " I" 1 2 3 4 Q A Q A 17 Okay. Did connie return later that dAY? Ye., .he did. And what happened then? Well, we were in the living room with Ron and 5 Miohelle and Fred staley and their aon, and ehe came in 6 and Ron aeked her if ehe would like to go through and look 7 at things and pick up .omething. 8 9 ahead. 10 11 here. 12 '\ I 13 14 ahead. 15 MS. WINBKAI Objection for heareay. Go THB WITNBSGl Well, I've got a witne.s right MR. McNALLY I That's fine. MIL WINBKAI That's not what hearsay h, but go THB WITNBSSI And ehe threw up her hand, and 16 she said, I can't do this. My attorney says I ahouldn't 17 take anything. And ahe left. 18 BY MR. McNALI.YI 19 20 21 Q And that was the day after the funeral? That was the day after the funeral. A Q Okay. Have you been in oontact with connie 22 .inoe that time? 23 24 25 connie? A Yes. Q And when was the next time you talked wi~h /] 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 ) ~) 20 Q Okay. A And I talked to her. about that. MS. WINI!KAl Can we lJo off the record a aeoond? (UisouBeion held off th~ reoord.) TUB WITNBSSI I think this is all about the houae. There were two phone oalls from Connie on the 29th in the evenJ.nlJ between 6130 and 8130 beoauae she was very upset about things being removed. BY MR. McNALLY I o The 29th of what month? A Of May. o Okay. A It would havo been the 28th, I think, yeah, beoause I was thinking we had a birthday party for my son on Sunday, and his birthday is the 29th, but we held it on the 28th, and that's why I was a little oonfused on the dates. Q Okay. A Beoause of that. o Lydia, when's the next time you saw Connie? A I'm trying to look through here and see. I think it was after -- after we had called the attorney and I beHeve I believe it was around the 22nd of July, eomething like that. It was -- we got the key to the house on the 14th. 22 :,,') 1 22nd of JulYI oorreot? 2 3 4 A Q A Right. And connie waB there with you? connie waB there, and Don RaiOll, Val~ghn Shore, 5 Brio Gates, my son Bruce, and myself. 6 Q Did Connie take any items of personalty 7 olaiming them as hera at that time? 8 A She pointed out some items whioh she said were 9 herB, but our main idea of going in was -- was to look for 10 the will, and then later I asked her if she oould identify 11 anything that she knew had been in the house beoause they 12 had oalled us and said things had been removed. And we ') 13 did not know what had been removed, and we had never been 14 in the house. 15 Q Now, this is on or about the 22nd you had asked 16 her to identify items? 17 She volunteered some information and -- here it A 18 says 22nd, yes, because TV and VCR and stereo were no 19 longer in the console cabinet, and she remarked about 20 that. 21 Q Did she request to take any items of personalty 22 at that time? 23 ^ I don't reoall her requesting it, she JUBt 24 pointed out some things. I'll look here and Bee if I had 25 anything down here. I 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 Did she request olothoa? A Well, ehe aaid she would like to get her olothea beoause she hadn't been able to get baok in. Q Did you get her her olothes? A She got aome, I don't think she got them that day. I think she got them a little later. Although I might have. Q Were you ~ver in the property after the 22nd of July with Connie? A On the 20th of Auguet I met Connie and gave her her motoroyole helmet, some luggage and a black leather jacket that waB herB. Q Do you reoall whether she requeeted any other items baok at that time? A I don't have anything written hero. She was oonoerned about getting her olothing, and I had mentioned it to the attorney, and to Ron and Michelle. And Ron and Miohelle objected having her in the house. Q Do you know why? A I don't know why. Apparently there's something oertainly between them. I have no idea. And at that time I felt that I Bhould not be the one to make that decision. Q Okay. Now, einoe that time, have you had a chance to review items that Connie haB olaimed as her own? A YeB, I have. 23 24 f) MR. MoNALLYl And partioularly, have you 1 2 revi~wed thODe iteme that ehe claimed in her oomplaint as 3 her own? I'm going to show you what we'll mark ae BKhibit 4 A. 5 IA Personal property of connie L. Sholly wall 6 produoed and marked.. Deposition Bxhibi.t A.) 7 MD. WINBKAl Yeah, on the oomplaint in B replevin. 9 THB WITNBSSI One of the things she had 10 mentioned the day we went in the houDe was the roll of 11 $.32 stamps that's here. As we walked through 12 BY MR. MoNALLYI . ) , .,~~ Okay. That was on the 22nd? 13 Q 14 MS. WINBKAI Of? l5 BY MR. McNALLY I 16 Q July? I believe that was the 22nd of July ae I reoall 17 A 18 because she went to the desk and looked, and they were not 19 there. 20 o How would you desoribe that list? 21 A I would lay it was about everything in Don's 22 house exoept his toothbrush. 23 Q Okay. Were there any items on that list that 24 she had identified as personal property of connie L. , , '-.-I Sholly that you saw in Aunt Minnie'S houDe? 25 25 1 A Yes, the -- the flower holder. There waB a 2 square table whioh I had seen in Minnie's living room 3 whioh he had flowers, plante on it from time to timo. As 4 I Baid, the oroBs-stitoh pioture. There was a pink oandy 5 dish that h~d been Minnie's. That waB sitting on the -- 6 on the buffet. 7 There wae eome of Minnie' B oookbooks there. B The wind rooker with the teddy bears looked like one that 9 had been either Don's or Danny's. The butter ohurn I had 10 never seen, but I brought it home for ~afe keeping. An~ 11 after the last break, our eon Larry oame to visit on 12 Sunday, and his mouth flew open, and he said where did you 13 get that? 14 MS. WINEKAI Objeotion. 15 THE WITNESS: Okay. 16 MS. WINEKAl I just want to explain to her -- 17 she always stops. I have to do that for the reoord. You 18 may finish. 19 THE WITNESSI Well, he said the lut time he 20 saw it was when he visited his Aunt Minnie, and he sat in 21 the living room, and he saw it on her coffee table. And 22 he admired it while she went out to get him a beverage. I 23 had never Been i1 myself prior to being in Don's house on 24 the 29th of -- 28th of -- so I can't honestly say either ~~' 25 way. 27 () , 1 anything there that we might have mieeed, and X think W$ 2 had an interruption, and the oupboard -- 3 4 MS. SHOLI.Yl Somebody came. THB WITNBSSI Someone came in and interrupted 5 ue. 6 BY MR. MoNALLYI 7 Q When wae that? 8 A That was the day she picked up all her thinge. 9 It would have been January the 20th, I think. 10 11 Q Of 199 -- A And that was an oversight on my part because I and I've found them, and I've kept them thore. ) 12 l3 did not 50 they still are there. 14 15 Q And that's January of? A 20th, '96. Okay. 16 Q 17 A 50 if that's anybody's fault, that's mine. 18 Beoause I -- I did not do it intentionally. And I said 19 that square table, I believe, is the one that I saw in 20 Minnie's living room in the corner whioh had plants on it. 21 The gun holster set, I believe, may have been Don's or 22 Danny's. But there again, I oan't prove it. I know the 23 boys had things like that. 24 MS. WINBKAI I'm juet going to object as to ,J speculation with most of these things. She doesn't know, 25 "'1 29 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q When did ahe tell you that? A To my best ~eoollection, the day we went through the house. Q Wh.lch was which day? A Which would have been in July when we were -- when I asked hor to help me determine what -- what had been there when she was then with Don prior to his death. HR. McNALLY I Okay. Now, you've aleo seen -- and whAt we'll show you ie -- we'll mark as Bxhibit B. And I'd like you to refer to Exhibit B whioh is titled, List of Items to be Retained by the Estate. (A List of Items to be Retained by the Estate was p~oduoed and ma~ked as Deposition Exhibit B.) BY MR. MoNALLYI Q Now, you've reviewed this list before, have you ) not? A Yes. Q And what I'd like you to do is go down that list of items and, AS best you oan, deso~ibe those items. A Tho antique patohwork quilt, I oannot describe. That 1. did not see. H it was the~e and was folded up, it oertainly wasn't there later. The stainless steel kitchen uteneils, I can't offer any information on those. The stereo, VCR and speakers were in the house the day after the funeral. They were not there when I got the key and 30 () 1 got in in July. 2 'rhe $100 ouh, my eon and I were in thll kitohen 3 with connie, and she told us that pan often kept bstween 4 $100 and $200 in a crook -- a ohoese crock in the kitchon, 5 10 that U he wanted money, he wouldn't havu to go to the 6 bank. ahe handed it to me in front of my Ion, and then 7 later on she claimed that it was hers. 8 Q Okay. The oross-stitoh pioture, it was a 9 cron-stitch pioture there whioh Molly had given to Minnie 10 for Mother'S Day, and I had seen in Minnie'S home. And 11 she told me her.llelf that Molly had given it to her the 12 Sunday before I saw it. Roasting pan, I know nothing 13 a!)out. The square oak tablo / as best loan reoall, was in 14 her living room, and it had potted plants on it. 15 Q When you say her living room, whOle living 16 room? 17 A Minnie's living room was where I first saw it. 18 The tin boat I did not see until the day connie went 19 through the house with me, and that disappeared sometime 20 afterwards. I don't know what beoame of it. 21 The ohildren's book" were in a wooden box which 22 said Amerioan Red Cross Library, and had like a overseas 23 address on it. I found some with Pan's name, Danny'S 24 name, and some said from Pap Pap to Donny, and Bome to -. 25 Danny. And one from an Aunt -- I don't recall her name, ~ -~) ~) 1 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and one from a little girl who had lived next door to lIarry and Minnie at the time Donny waG born -. I meen, Penny waa born. Don'. older brother. Q O~ay. A I oannot say anything about the floral wine glas.ee ae to whoae they were. I waan't aware of whoae they were. The blue rooker in the living room I oan.t put an identity on that. The snow soene picture frame, the first time I saw that was when I entered the houae with Connie. The large oolored rug, and that was found in the room where the pool table was, that had been identified by Molly a$ hers. I had no reoolleotion of ever seeing that before that day. Bag on motoroyole was on the motorcyole the day we were in there. Q How about the marble a in the brown wooden box? A The mar-blee in the brown wooden box were in the house the day we were there, and I could not identify them. Q Okay. How about the blanket chest? A The blanket ohest I oould identify as being in Minnie's house in penbrook in a bedroom upstairs. Q And the waeh stand? A The wash stand I could not identiZy that as anyone's property. That was the next day I saw that. 31 32 "--' , , 1 Q Okay. Now, YOU've taken pioturee of these 2 iteme also, oorreat? 3 4 A Yes, I think you have them. Q I'm going to hand you what we've marked -- !l pnvioualY bsen marked. You're going to kill me for this 6 is, Bxhibits 1-A through l-P, I'd like you to take a look 7 at those and r.Ieaaribe what they depiot? 8 A This showe the square table and atop the table 9 is the oolored rug. 10 11 Q okay. A Beside the table is a war.drobe oabinet. connie 12 ini,tially stated that there was a wall oabinet that oame ') 13 from Minnie and Harry'e basement that was her property. 14 The only wall cabinet we could find was a medicine cabinet 15 whioh was rather battered. 16 When she oame J.n to get her things on the 20th 17 of January she said the cabinet's over there are what I 18 meant, and I want the bellt one. There was a tan on,e And a 19 brown one. So they're both there, and I took a pioture of 20 what was oonsidered the best one, but they're both still 21 on the property. I oannot identify either one of them 22, positively. 23 24 Q Okay. A ThJ.s pioture is from the master bedroom, and it , ...-.- 25 shows the blanket ohest open with what I call a orazy 34 -''\ 1 A And this is the three items whioh I thought 2 were mi..ing, but Ron had plaoed them in the oloset in the 3 fir.t floor .pare room. 4 Q And that'. Exhibit 1-K? 5 A That 11 a tur.n table. That's l~K. And it 6 look. to me like a it might be a VCR and either a 7 .tereo or tape deok. And this is l-L. This ie a base of 8 apparently a stereo whioh was on the floor in the spare 9 bedroom up.taire. 10 And l-W, and 1-0, are picture. of .poakers from 11 a etereo found in the living room. But in my mind, they 12 were not in the living room to begin with. And-- 13 0 If you oould refer to the -- what is the number. 14 of that exhibit? 15 A This one i. l-P, and this is the pioture of the 16 butter ohurn with the marbles in it. And that -- beoause 17 of it. value and the break-ins at the house, I took to my 18 home for safe keeping, and it's there. Connie saw it when 19 she stopped to piok up her Christmas decor.ations. 20 0 Okay. Have you ever denied connie acoe.. to 21 the property? 2~ A Not to my knowledge. 23 0 You have not? 24 MS. WINEKAI I'm going to objeot to denied --/ 25 aooes.. Aooess to piok up her things, aooe.. to look, , 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 aooeee to help with the liet. MR. MoNAI.I.YI Ie your objeotion thAt you want a olarifioation? MS. WINSKAI TnB WITNBSSI Yeah, form of the question, sorry. I don't quite undoretend what you mean. BY MR. MoNALLYI Q There you go. Have you ever denied Connie aooess to the property for the purpoBe of identifying itemB Bhe olaimed aB herB? A I don't think BO. I had told her that there were timeB when Ron end Miohelle did not want to let her in, and they were objeoting to the faot that I did let her in. I had had to oall Mr. Baturin on a oouple of ocoaBionB in order to let her in to get her personal thingB. Like things that were in the upBtairB bathroom oloBet that obviouBly belongB t.o her and some articles of clothing. Q Now, when you Bay obviouBly belonged to her, did you know thoBe to be hers? A They were ourlers. Well, I don't really -- I can't prove they were herB, but they belong~d to a female. Q Did you ever deny Connie acoeBS to the property for the PUrPOBe of retrieving items ehe olaimed as herB? """, , 1 A I don't recall ev~r denyinq her aooe.. exoept ,I I , I 2 on thoee oooa.ione when Ron and Miohelle eaid they did not want her in. 3 4 MR. McNALL'll Okay. I have no further 5 queetions. 6 CROSS BXAMINATION I ! MS. WINBKAI. 7 8 Q Okay. I might as well start with that laet 9 statement. You stated that you've nev~r denied her aooe.. 10 to come over and take the things that she olaims are her 11 personal property? 12 Not to my knowledge. Okay. You m8ntioned your retain.ing a butter A ) .... l3 Q 14 ohurn whioh she indicates is her property? 15 Only becauso that was on the list to be held A 16 for the deoision. That's the only reason I have kept it. 17 It was in -- it was in Don's house until a onuple weeks 18 ago. And there was well, it was more than a oouple 19 weeks ago. 20 I thi.nk it was in Deoember there wu a 21 break-in. And after that we took it beoau.e I cheoked and 22 found the value of it, and I did not feel comfortable 23 leaving it there. I felt it would be safer at my home. ,..) 24 25 Q So you do agree that there are items whioh Conni8 olaims belong to her, or were gifts from Don that 36 37 :"1 1 he gave to her, whioh she .till has not been provided? 2 A Well, whether they were gifte from 3 Don 4 Q Juet -- if you oould juet anBwer my queetion. 5 Do you agree that there are BUll things that Connie saye 6 are her perBonal property, either by her taking them to 7 the property, or were gifte to her, that ehe hae not 8 rr;oeived? 9 A There ard 80me thinge Bhe olaimB are hers that 10 are still there. 11 MS. WINBKAI Okay. Thank you. ThankB. I 12 might aa well go back over these piotureB. You had Bome ) 13 other piotures that are miBBing now. There's an ABC and 14 0 that are -- that were ueed in the -- if I could juet go l5 off the record. 16 (OiBcueeion held off the reoord.) 17 BY MS. WINEKAI lB Q 1'111 JUBt going to uk you Bome speoifio 19 quoBtionB about these itemB. I'm ehowing you what's 20 been marked l-P, and you identified that, I believe, 21 ae a butter ohurn with -- what's in the butter 22 ohurn? 23 A Marblee. 24 Q 00 you kn~w for a fact that that iB the butter 25 churn that was at Minnie'. home? ~ 1 A :2 Don'e houee. 3 Q No, ae I .aid, I never saw it until it wae in Okay. Do you know for a faot that Don owned 4 thoe. marbles that are in that buttsr ohurn? 5 6 A Q No, I do not. Okay. I'm going to show whet you what'e be.n 7 marked 1 -. looks like w. Did you go that high? 8 MR. MoNAt.LYl No, that's 9 MS. WXNBKAI Bither W or N. And eom.thing 10 that's markEd -- marked 1-0. 11 12 MS. WINBKAl ,...) ,~ 13 Q MR. McNALLY I O. 0, I apologize. If you oould identify thOle 14 two items, please? 15 A Those were in the living room when we went to 16 go through the house when connie and I went in. 17 18 Q A 19 Whioh time was that? That WAS the first time we were in. Q Okay. Right immediately after the funeral, 20 or are we talking in July? 21 22 A That was July. Q Okay. In July. All right. And thoee iteme 23 are speakers? 24 v 25 A Speakers for a stereQ. Q Okay. But you don't believe that they were 38 3!i .') 1 originally j,n that room? 2 A No, no. 3 Q Do you recall there being other ape.ken in the 4 living room which were taller thol; belonged to the -.. 5 A There ie a photograph eomewhllre. 6 Q If you oould jUBt let me finiBh. 7 A Sorry. B Q That' B okllY, Two of UB oan' t talk at the Bailie 9 tillle. That there were other speakerB that were taller 10 that belonged to the VCR turn table that was in the 11 entertainment center? 12 A That were in the entertainment oenter, they ) 13 were in the same position that theBe are in. They were at ..' 14 either end of the Bofa. 15 Q Okay. Do you know where thoBe Bpeaken are? 16 A I uked Ron if he had Been them. 17 Q Okay. 18 A And I Bhowed him the pioture of it, and he 19 Baid, oh, I have them. 20 Q So do you have a picture of those other 21 Bpeakere? 22 A I have a picture of one. 23 Q Okay. May I Bee that please? 24 A I think it' B over here somewhere. It has a 'J 2S pioture of Helen on it. ') 1 :I 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 looated? MS. SHOLLY' That'e where we etor.ed a lot of the junk. MR. MoNALI.YI I got to oall you on that one, Connie. THB WITNBSSI Well, that is the room where I explained to you that there wae a lot of thinge there. MR. MoNALLYI Okay. BY MS. WINEI<AI Q Was thie pioture taken in Don' s Meohaniosburg property? A I took that myself. o Okay. All right. I'm going to show you two pictures. If you oould jUBt identify what they are -- and say one is l-J, and one is 1-1 on the b~ok. Could you juet explain what both of thoee piotures are? A I took th~ee two. This is the box oontaining the ohildren's books, and this is the box open showing the books. Q Approximately how many books were in the box? A I didn't oount them. Q I see that you have some books, or there ar.e some books here today? A These were in there. And they are the ones that had the names in them. 41 Ii Q 1 2 -- ,) 1\ Okay. You only brought today the one I that hed Only the oneil that had namea in them. That'll 4 all I removed. 5 Q 6 1\ Who haa poaeelaion of the other booka? The other booke ar.e etill in the box and are 7 still at Don'. property. 8 Q So the -- okay. Why did you just bring the 9 booke with Don'. nee in? 10 A BeoauBG when I wae 'ijoing through things and 11 looking, I aaw the neee, and I thought they belong to Don 12 snd his brother, and the little girl who was a neighbor. .' .~.. ) '......... 13 Q So you don't know if the other books that 14 don't have Don'e or Danny'e name in, who they belong 15 to? 16 1\ 17 Q I do not. Okay. How about the wooden box, do you know if 18 that was Don's property? 19 20 21 22 Crols Unit. 23 24 '0 25 A Hc. I believe it was his father'a. Q And why do you believe that? 1\ Beoause of the markinge on it from the Red Q And do you know that ae a fact? 1\ It eays right on the box Red Cross Library. Q Is there -- ia Don's father's name engraved or 42 u . .', 1 marked anywhere? 2 A No, but Don'e father -- there wae a book here 3 whioh is a 01 manual for medioal oQre, ~nd Don'a fether 4 waa a medic in Okinawa. And he wee there when my huaband 5 went in on a hoepital ehip to bring wounded back. 6 Q Was that book in that? 7 A That waa in with tho.e. o Q In the wooden box? 9 A When I pickad it up, I gave you a picture thi. 10 afternoon, didn't I, that fell out of it? 11 MR. McNALLY I I don't -- 12 THB WITNBSS I It wa. in an envelope that I ') 13 handed you. 14 MR. MoNALLYI You gave me a Het of pictures, 15 .0 wo've gone over those? l6 THB WITNBSS I It was in a long envetope. I 17 gave it to you when I came in. I think thie looke like it l8 right here. 19 MR. McNALLY I Yeah, that'~ the envelope. 20 THE WITNESSI And it .howed a pioture of Harry, 21 and he identified several men with him, and .aid this i. 22 our new medic crew, and this fell out of this book when I 23 took it out of the box. 24 BY MS. WINBKAI. ~ 25 Q Okay. All right. I'm going to ehow you what'. 'J' J.t, I '~ 1 been marked l~B and l~F. If you oould -- w~ll, you 2 aQtually already identified theee iteme. These were 3 did you take that pioture? .' 4 A Yea, I took both of them. That wa. take') where? 5 Q 6 A In the baaement and garage of Don'a about four 7 or five daya ago. Meohanioaburg property. 8 Q Okay. Ian't it true that the oabinet that'a on 9 the right-hand aidewaa a oabinet that Connie aaid ahe 10 wanted to donate to the plaoe where she worked? 11 A I have no knowledge of that. I oertainly 12 wouldn't have any objeotion to it. Rather my hueband I 13 would have to make that deoiaion, I oan't. ...,,1 14 Q Ia that item a specifio item that Connie hae 15 demanded be returned that we're -- that she still haen't 16 reoeived? 17 A The only item that she had on there that we 18 oould not find and identify waa eomething she oalled a 19 wall oabinet. Thia ia a wardrobe cabinet, it haa a rod 20 and a shelf in it. She oould have meant that aa a wall 21 oabinet. She would have to tell you that. 22 Q I'm going to I!Ihow you what's been marked as 23 l~G. If you could identify what that is? 24 A That ia the -- what I call the crazy quilt. j That ie in the blanket ohest in the master bedroom. 25 44 ~ () u 415 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 Are there any other blanketB in that chest right now? A I don't know. I believe that there might be ft white bedepread in there. Although I'm not poaitive. Q And who haa poseesBion of the blanket ohest? A That's in the master bedroom at Don's houee at this time. Q To the best of your knowle~ge, has that blanket oheBt ever been removed or exohanged for another blanket ohest? A This i. the only one I've ever Been there. If there wa. any moving, it ooourred when I wasn't around. Q And r. believe you testified on direot, do you reoognize that blanket ohest? A It looks like the one that was in Minnie'e upstairs . Q Okay. When would you have seen it at Minnie's home? A probably the Bummer of 1992. Q Okay. Has thClre been any ohange in the oondition? Has it been refinished from when you would have Been it in 1992 to how it appearo now, if you just recently seen it? A I don't think so. I think it looks the same. Q Okay. I " ,. \;:l v u 1 2 3 4 !l 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 A It looke in good condition. o All right. And I' In goin9 to .how you what'. been marked as l-K. Could you identify that? A Those are the unita for the atereo, VCR, and reoord player which I found in the cloaet over there. o Did you plaoe them in the clo.et? A No, Ron did. o Did he tell you that? A Yes, he did becauas I couldn't find them. I went in, and they had been removed. I called him, and I said, what happened to them. And he aaid, well, they better be there. I put them in the closet, and I oovered them with blanketB. And I went over and looked, and that's where they were. o Have you ever seen them at a different looation, that stereo set? A They were in the oonsole that Connie now bought. Q Bntertainment oenter? A Yes. Q And that was looated in the living room? A In the living room. Q Okay. And if you oould juet identify that a. l-H. Is that the Bame blanket chest? A That's the same blanket chest that I opened to ,... 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 <\~) ,..J take. pioture. Q I'm IC)rry. Where'. that blanket ohest? A It's in the maater bedroom at DOll's houee. Q All right. Thank you. IIIn't it true that you had COlloerns about Ronald Vantz and Miohelle McNeal removing items frC)m the home? A I was, ahall I say, suspicious, but I w.a never there to witness ftnything. Q Why were YOIl suspioioua? A Beoauae I. reoeived phone calle from Don'e friends saying that thinga were being removed. They didn't idehtify iteme, but they were saying furniture waa being removed. Q Did you ever discover from your different trips items that were removed that you were never told about? A Having not known what was in the house to begin with, I oouldn't tell you. I did not gain acoess to the basement that first visit, and so I can't tell you what was there to begin with, in the basement. And I can't tell you what was there prior to the day after Don's funeral. I only know what was there when I got acoeBS to it the first time. Q Okay. Isn't it true that you requested Connio to draft a master list of items that were in the home when she had last seen it? 47 " .. 1 A 1 2 3 4 Q Q A Y.., I did. Okay. And did .he provide you with that liat? Ye., .he did. Okay. And did you allo a.k her to meet you and 6 go through the hou.e to .ee what itema had been removed ~ from that maater li.t? 7 A .'1) If ahe oould identify anything that had been 8 mi..ing, I a.ked her tQ tell me. 9 Q 10 mining? U 12 A Q ') ,.... 13 A And did ehe identify any items that were She told me what wa. missing. And what were those items? When we went in we couldn't find the stereo 48 14 equipment. The speakers in the living room we couldn't 15 find. She said that there is a roasting pan mi.sing. I'm 16 trying to think. 17 Q 18 A Did ahe mention a quilt that was mi.ling? Yel, yea. I have no idea what it looked like. 19 I had never seen that partioular quilt. 20 21 22 Q And what did Connie tell you about the quilt? A That it waa hers. Q Did ehe tell you she had reoeived it, or how 23 .he had received it? ~) 24 25 A I don't recall that. Q Can you think of any other iteml that Connie 1 .") 1 told you that were miBBing from the home? 2 A Offhand I Clan' t. She may have. 3 Q Okay. Ian't it true that Connie ahowed you 4 where the $100 in five $20 billa were being kept? 5 A Yee, Bhe did. 6 Q len' t it true that ahe told you that that waB 7 her money which Bhe had Baid waB eet aBide in anticipation 8 of the chicken corn BOUP dinner? 9 A No, Bhe did not. She told me that Don alway a 10 kept b$tween $100 and $200 in there, .0 that if he wanted 11 money he didn' t have to go to the bank. Later ahe Baid 12 that it wa. money that she wa. aaving for the corn BOUP, 13 but at the time Bhe handed it to me ahe did not. 14 Q You mentioned that you were never advised of 15 Minnie Bangert'B death? ),6 A No, I learned about it at the viewing. 17 Q When did Minnie pasa away? 18 A I Bent and got her death certificate. It was 19 in October of -- 20 Q Of what year? 21 A Of '93. I think it waB around the 11th. I 22 don't know if my memory i. oorrect on that. 23 Q And your nephew Donald Bangert never oalled you 24 to tell you that hiB mother had paBBed away? 25 A 110, but he may not have been able to reaoh me ~J J 49 '1 1 Q Are you aware that Conn is wae reBponsible for 2 ohooBing the funeral home, pioking the music, arranging 3 the flower., organizing people to speak? 4 A II Q She informed me that th~t'B what she did. Isn't it true that you introduoed yourself to 6 Connie at the night of the viewing? 7 8 A Q Yell. And how did you know that Connie wae involved 9 with I)onald Bangert before you introduced yourself? ") ".," to 11 12 13 A Q A Q 14 walked in? 15 A It waB mentioned in hiB death notice. What was mentioned? It said that he had a fiance. Okay. And you knew that was Connie when you No, I went up and said, are you Connie? I'm 16 Don's Aunt Joyce. 17 And at that time, at the viewing, isn't it true Q !l1 18 that you -- you gave her your unpublished phone number for 19 her to contact you? 20 21 A Yell, I did. Yes, I did. Q Okay. Did you ever see any mail coms to the 22 Mechanicsburg property whioh was addressed to Connie 23 Sholly? 24 A I didn't see it delivered. The neighbor was 25 pickinq up what mail oame. It waB mostly junk mail. And " 1 2 3 4 II 6 7 8 9 10 11 12 13 11 15 16 17 18 19 20 21 22 23 24 25 o v !l2 in talking to Mr. Oaturin, he said that any mail that oame there should be picked up. I later learned that Ron had filed a notioe at the post offioe to have all the mail forwarded to him. But Connie askod if she oould have the LB oatalogB, and that sort of thing, and so the neighbor picked them up and held them until I go get them. And she told me she aleo oalled Connie, and told her that: there was mail there for her. And Connie said to give it to me to give it to the lawyer. Q So have you ever seen mail addressed to Connie Sholly at the Mechanic.burg street address? A I don' t really recall Connie handing me aome mail to take to tho attorney and -- Q Connie handing? A Yes, ahe was there at Mrs. Fortenbaugh'8 acroea the atreet/ and I met her up there. And Mrs. Fortenbaugh oame out and said, here's Don's mail. And Connie handed it to me, and said, give it to Mr. Baturin. I took the junk mail, and I reoall one card, and I think it had a name on the return address of somebody named Geise or Geist. I'm not BUrl!. Q Okay. If you were told that Donald Bangert gave the blanket chest that used to be Minnie's to Connie -- .") 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,J j !l3 MR. McNALLY I Objection. Are you asking her to speoulate? MS. WINBI<1\I No, I'm uking her how IIhe could not know that that'. not true. MR. McNALLY I Well, ycu're going to have to explain that answer. MS. WINBKAI I just want to ask her if she was told that why she would not believe it. Why she would have any MR. MoNALLYI You first have to establish if she was told by -- MS. WINBKAI Well, actually I really do think when I asked her when we were going to have the pioture. MR. McNALLY I Then my objection is aBked and answared. MS. WINBKAI Well, I'm still going to ask her again since this is an objection. My question iB, Mrs. Bangert, if Connie told you that Don refiniBhed that blanket chest, and he gave it to her as a ChriBtmas present MR. McNALLY I Objection. You never aBked her that question. BY MS. WINBKAI Q Did Connie ever tell you that Don refinished the blanket ohest, and he gave it to her as a ChriBtmae ,-"\ 1 2 3 4 5 6 7 8 9 10 11 l2 l3 14 15 16 17 18 19 20 21 22 23 24 25 ) ",..) 54 present? A Shll did, but I wall IIkeptioal when she told mll. o Okay. A Beoause Don did not ordinarily give away things of value. o How would you know if Don gave or did not give away tHugs of value if you did not have any contact with him for at least three years prior to hill death? A I had had oontact with him before, and I knew him to be very tight fisted when it oame to thingll of value. o Okay. How often did you see Don prior to the summer of 1992 when he helped move that refrigerator to your home? A I saw him at hill parent's home several times. o How many times a year do you think you would lIee him and speak with him? A Well, in the summer months I would see him occasionally. He would come take his mother out. We would go out to take her out to dinner, and he might be coming or leaving when we arrived. I can't count on my fingers how many times. o Do you know, did Don know where you lived? A He certainly did. He visited our houlle, and he delivered the refrigerator we bought from his mother. ", 1 2 3 4 5 6 7 8 9 10 11 12 13 14 J.5 16 17 18 19 20 2l 22 23 24 25 ) , ,_.J 55 Q Okay. You had mentioned on direot that when you !nitially went into the home, immediately after the funeral, or had aco..., that there we~e some women's olothes in the home? A Unl-hum. Q Was there also a basket of laundry of women'. clothes sitting somewhere on the first floor? A Not a basket. There was olothing that had been laundered that was on the dining room table. Q Okay. A And on a chair. o All right. And were they women's clothes? A Not all of it. o Were some of them women's nlothes? A There was some Docks and some panties. And maybe one or two tops, like t-shirt tops, and that sort of thing. o Okay. And then upstairs you mentioned there was -- well, what kind of lady's things dld you see upstairs, first of all, in the bedroom? A A couple teddies, a robe, some slacks, and at least two pairs of shoes. o Lady'S shoes? A YeB, and a pair of sneakers. A sweat suit. o Okay. In the bathroom, what evidenoe did you , ~ ') 56 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 see of female products or anything related to ladie.? A lIair dryers, sanitary napkins, hair brushes. o Was there curlers? A Deodorant. I 10n't recall seeing curlers. o Makeup? A Soap. Q Okay. A I can't remember makeup speoifioally except for a container of some kind of white lotion. o From tho many iteme you saw, clothing, other ladies products, did you believe that there was a woman living at the home? A I believe there had been SOlnElOne therot. o Okay. When was the last time ycu had eean Minnie prior to her death? A September before she died. o Do you happen to know what year that would have been? A '93. Q Did Minnie ever mention that her son was dating connie or dating someone? A No, I had never, ever heard of her. I didn't know anything about it. And Don had never mentioned it. o Okay. What was the purpose in you taking the piotures in July of '95? ~ ~) ,-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 !l7 A When I received the oaU that thing. wltre being removed, I told my hu.band that I thought we Ihould go over and try to get acce.. to the house. Beoau.e we had his .iBter as an heir, and Bhe had four children. And after I learned that his Bister had died, I felt that we shculd look out for them as muoh as possible. o You didn't know his siDter had died though be for,,? A No, she had died -- l"t's lIee. She had died in May, it would have been '9 -- the year before Don died. It wae just about a year. And the reA eon I didn't know she died waD beoauBe .he and my hUDband were estranged, and we hadn't seen them for It while. o Is it true that at the time of Don's death you did not know where hie home in Mechalliosburg was looated? A I knew the general vioinity beoause we had taken Minnie to HOBS'. for dinner, and aD we oame out she mentioned that Donny lived nearby. Q My qu"stion is, you didn't know where the street ~- the addreSB where he lived? A No, no. o In fact, you called Connie and aBked her to drive you to Don's? A No. I aBked her to show us where his home was, o Okay. Physically show you, to take you there " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 f:) 'wi !IS and show you how to -- A I laid I knew the general area, but I didn't know exactly where it wae, and she agreed. o And at that visit, didn't you a1Bo Bay that you antioipate Miohelle and Ron showing up later, and that you did not want Connie to be there at Hnt? A No, I did not. Connie didn't want to be there with us and be seen with us. o Okay. Did Ilhe tell you why? A She had had words with them, and she was very upset, and I could understand that. o Sure. Do you know how Iloon after Don's funeral this incident oocurred when Don -- Connie showed you how to get to DOli's property? A It was the next day. o The very next day? A Yeah, he wall buried on Saturday, and we went there on Sunday. o Okay. So you wer.e in the property that day, and then the next time you had access that you could enter the property was not until July 14th when you reoeived a key from Michelle? A I reoeived a key from Mr. Baturin at that time, but I oould not go over because my husband was in the hospital with oonqeBtive heart failure. And I spent from I , ~ 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 (::) v !Ii 8 in the morning until 9100 at night with him beoau.e he wa. in critioal condition. Q But my que.tion i., you didn't have acoe.. any time between the day or .oon after the funeral until -- A No. o -- the time in July when you r~oeived a key? A No. o Had you ~ver asked for a key before that time? A I had oalled Mr. Baturin about it. He had called me. I don't reme~er the exact date, and he a.ked me to meet an appraiser at the property. And I had to do it. And I eaid,well, I would be glad to do it, but I can't get in the property. So he wrote and a.ked for a key. And that key wa. not forthooming, willingly. o Okay. And who did he write to to get the key? A I don't know if it was to Michelle and Ron's attorney or to Miohelle. o Okay. When you say it was not forthright in coming, or didn't come -- A He had to oontaot Miohelle more than onoe before he received it. o Okay. Had YOI~ ever called Miohelle and a.ked her for a key to have access to the property? A No, I did not beoause at that time the official ") :,:) ....J 60 papeu had not oome through for my hu.band, and I had no further authority. The only ti~a I took her in w.. at the attorney'. in_truction after I got the key. o Did you have any ooncern- from the day after the funeral until you reoeived your key that Michelle or Ron Vantz were removing item_ from the eatate from the home? 1 2 3 4 !l 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, I had a couple phone calls telling me that thing. were being remov~d. o Okay. I just want to go baok over some of the item_ that were -- still aotually referring to your Bxhibit B that's in front of you. Let me get my exhibit. Okay. The first item is an antique patchwork quilt. Do you know anything about this _paoific quilt that Connie olaims belongs to her? A No, no. o Okay. The stainless steel kitchen utensil., did Connie ever tell you that there were items miBB.Lng from the kitohen that were hers? A Yes. o Okay. The stereo, the VCR, and speaker., did connie tell you that she had purchased these items with Don when she was living at the property? ~ A That I don't recall. o Okay. We already went over the $lOO in oash. ~ o u 61 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 aro....titoh picture that Connle'. referring to wa. an oval pioture with butterflies in it? A The only -- Q Do you recall .eeing that picture? A There wa. an oval frame with butterflies in it. But they were pre..ed in gla... It waD not a cro....titoh pioture to my recolleotion. And if there wa. another picture, I didn't aee it. Q Okay. Are you aware that the oro..-.titch picture, whioh you believe is th~ one that says mother, is not the one that connie eays belongs to her? A No, I was under the impression that that was the one she wanted. Q Okay. Are you aware that after Minnie died, Donald Bangert scld many of the items that were in her home? A I was told thAt by Connie. Q Okay. Are you aware that Don Bangert sold the butter churn that had belonged to his mother? A No. o The 8quare oak table that'e lieted on Exhibit B. I8n't it trUG that the oak table that was in Minnie's living room was a round table where she kopt her plant8? A No, the round table was a tilt top table with a pie orust top. And that was in the hall at Don's hou.e 62 . 1 when I fir.t went in. It wa. not the .~me tabl., 2 0 Okay. And that round table with the pl.e cru.t 3 tilt top, whatever, that'. not an item that connie'. 4 olaiming i. her.? 5 A No. 6 Q Okay. The long stemmed floral wine gla....' 7 they've .incQ been given to connie, haven't they? 8 A Yell. 9 Q And connie' s .xplained that Don had gJ.".n them 10 a. a gift to her? 11 A That'll what IIhe said. 12 0 Okay. The blue rocker recliner hall also 13 already been given to connie, ill that true? 14 A Right. 15 0 The snow scene picture in the frame, did connie 16 tell you that Don had given this as a gift to her also 17 during the relationship? 18 A I don't recall that. 19 0 Okay. The wash stand, what did connie tell you 20 about the wash IItand? 21 A She olaimed it aB here. 22 0 Okay. 23 A NoW, I have no knowledge of it. 24 0 Where' II the wash IItand ourrently looated? 25 A I believe Michelle haB it. o v 63 .~ 1 Q Okay. The large oolored rug, who has 2 pO....Bion of that? 3 A That'. at the hou.e. It'. on top of that table 4 .itting by that wardrobe cabinet. 5 Q Are there any other large colored rug./ if 6 that'. not the rug that Connie means, an there any .,ther 7 rug. in the home? 8 A That' B the only rug of that type there. 9 Q If you could look at that liBt, oould you tell lO me what items you're aware that either Minhelle or Ron 11 Yantz currently have poaBession of? 12 A I didn' t see them take them. 13 Q No, I understand that, but if they've told you 14 that they have them. l5 A He -- let's Bee. She told me she haB that 16 quilt you. have a picture of. 17 Q Thia would be the one marked l-D? l8 A Right. And a. far as that goeB, I don't know 19 what happened to the other quilts. I saw one other quilt 20 after we oame baok from Florida -- before we went to 21 Florida, and when we oame baok it was gone. 22 It waB Bort of a satiny finish, and it had 23 green and beige block.. It waa very narrow, it just came 24 to the edge of the mattreBS on the bed in the guest room. 25 That was there when we left to go to Florida. It wa. not ~ t~ 64 ~ 1 there when we came back. That's the only other -- other 2 than that crazy quilt. 3 0 Who hll8 a kQY to the house other than you? 4 A Michelle hal3 one, and I believe Ron has one. 5 Q Okay. Can you see any other i terns that you're 6 aware that either Ron or Michelle currently have 7 poa.euion? 8 A Well, Ron told rne that he hll8 the speakers that 9 were in the pioture there. 10 0 Okay. All riqht. 11 A I believe Miohelle has a televisicm .et that 12 was in the living room. 13 Q Is there a television set on that lillt? 14 A No. 1!S Q Okay. So I'm -- I just really want you to 16 refer to that liBt of items that were still in dispute? l7 A That's the only thing. 18 Q Okay. 19 A Oh, I did mill something. She doe. have -- 20 have a roasting pan. 21 0 Miohelle does? 22 A She says .he does. And I had put it in the 23 buffet, and she told me she removed it and took it home. 24 And it's no longer there, so I would assume she's right. 25 0 Did you ever uk Ron or Michelle to give Connie ~ fj . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 o v 65 that roasting pan? A I asked them to leave it there until it wa. -- until the di.pute wa. settled. Q And what was the re.ponBe? A They didn't want her to have it. o Do you remember their exaot word.? A No, but I know I put it in the oven, and I had to take it out and hide it. And it .till disappeared. Q Okay. When you were in the home anytime after Don's death, did you .ee any piotures with Don and connie in the same picture? A There was a framed picture on the buffet in the dining room which wa. given to Connie. o Okay. A And Connie had pictures of herself and Don sitting at the funeral home. o Okay. Did you see any other pictureB though in the home, in photo album., loose, that were -- A I saw no photo albume. There were none there when I gained aocess to the house. o Okay. Do you recall seeing interrogatories that were .ent to you, addressed to you, through Attorney Baturin? A Yes. o Okay. And did you answer tho.e question.? 66 " 1 A YeB, I did. 2 Q Okay. I want t" refer you to que.tion No. 14. 3 If you could just read that que.tion out loud, actually 4 the very last one at the bottom of the page. 5 A Identify all persons who h4ve custody of photo 6 albUInB or pictures which inolude Donald Ballgert and Connie 7 Sholly in the photograph.. 8 Q And who -- whftt was the answer? 9 A Michelle hall some. lO Q Ok,4Y, And is your: name also there? 11 A I h~ve pictures of Donald Bangert by himself. 12 Q Okay. I;::) 13 A And I had a picture of Connie by herself. 14 Q And where did you find those piotures? 15 A They were in a box of photograph 0 that Ron 16 brought to me when he wa. here in September. And I looked 17 at them, and some of them we g4ve to the attorney, and the 18 reat Ron picked up and left with Michelle. 19 Q Okay. So Ron went through the home and pulled 20 tho.e picture. and gave them to you to look through? 21 A I don't know where he got them. He brought 22 them to my house in a box. 23 0 Okay. Are you aware that there was a camera 24 that belonged to Don at his Mechanicsburg property when he V 25 passed? "'J L",f 1 2 ,'1 I' , 3 developed? ,II 4 , 157 A There wa. . camera. Q Alld are you aware whether thllt film was A That was developed, and it's among the.e 5 pictures here. " 15 7 8 o Who developed the film? X took the film to Lutz. A o Okay. I'd like to -- if you could .how -- we 9 have a whole bunoh of pictures, and they're all mixed up. 10 If you oould show me which ones were developed -- pUlling 11 out of them which ones were developed from the film in 12 Don'. oamera at the time of hi. death? Are all the ") '..... 13 14 picture. A 15 16 Q A 17 18 record-- These were in it. Okay. Let's see what's on here. Those were in it. MR. MoNALLYI If you want to state for the 19 BY MS. WINBKAI 20 o Sure. This is what we had previoualy marked 21 Paoket 2-C, front and baok. This was the film that wall in 22 Don's camera. 23 A ,'''-. J 24 developed Summer of 1995. And I marked this film from Don'. camera, 25 o Is this your writing? .. . 1 A Ye., it ie. 2 0 Mrs. Oangert 7 3 A Yes, it ie. 4 0 And you're telling me that th.,Be picture. of 5 theBe animala wa. part of that film7 6 A Right. 7 0 Do you have the negativeB? 8 A I don't know if I have them, or did I give you 9 negatives? 10 HR. McNALLY I Go off the rllcord. 11 (Dillou..ion held off tho record. 12 THB WITNBSSI And I have this marked unknown l3 dAtll'J. 14 BY MR. WINBKAI 15 0 I'm just still looking for the pictures that 16 were from that film? 17 A Not theBe. I dcn' t know if one of thelle was in 18 it or not. 19 0 Okay. Do you eee any other oneB there that you 20 know for Bure was developsd, or you feel for Bure was 21 developed from -- 22 A There might be Bome in thome looBe one. that 23 you have marked. 24 0 I think all theBe relate to the -- 25 A There'B some. o \I I$B 69 ,.. 1 MS. WINBI<1\I Okay. There'. actually dat.. 011 2 Bome of the backl of tho.., John. 3 MR. MoNALLY 1 Okay. Go off the record. 4 (DiBcUBdon held off the record.) 5 THB WITNBSS. I have no idea how long that U 1m 6 Will in thiB camera. I ju.t took it to Lutlll alld had it 7 developed. 8 BY MS. WINBKAI 9 Q Were tho.. piotures from the film? 10 A No, theBe are all I took, and I have my 11 initials. 12 0 And you're going to leave all tho.. picture. in ~~ l3 the poslession of your attorney? 14 A He' B had thom in hill poneadon. 15 Q Okay. I would a.k you, Mr.. Bangert, before 16 you leave, I know you're anxioul to 90 to Florida, but I 17 would like to Bee tho.e negatives if you oan either se. if 18 you have them or oonfirm -- 19 A I'll oertainly hunt for them. 20 0 -- who has pOlle.aion of those. I'd aho like 21 to have photographs of all your note.. It .e.m. like y~u 22 took notes. 23 A Well, these are notes I took today. 24 0 No, I don't want those. But for in.tenoe you \.i 25 when you were te.tifying on direct, you were looking at 70 __ 1 not.. with date., and I'm auuming with little memos you 2 wrote to yourse~f so you wouldn't forget. When you would 3 have written tho.e memos, would you have written them 4 illUllediately after it occurred? 5 A What I have here are DIY scribbles, the one. 6 that I was -- when I had all these soribble. together I 7 put them down, I noted the time of day and the date that 8 phone oall came through. 9 0 Okay. lO A And the person oalling me, and if they gave me 11 a phone number, that was it. 12 0 Good. I::) 13 A And they were taken to Mr. Baturin'lII office, 14 and he could probably get you a copy. 15 Q But I want to make sure though before you go 16 that this littla pocket pal diary of '95 is in someone's 17 possession. BecaUBe you're going to be gone for six, 18 seven months, and there shouldn't be anything in there 19 that does that all relate to the estate? 20 A No, no, it relates to a lot of personal things 21 and medical -- medioal appointments and -- 22 MR. MoNALLY: Jill, to the extent that they're 23 personalized, I'm going to object to tho presentation. 24 MS. WINBI<1\: I have no problem. We don't -- '.....; 25 MR. McNALLY: We redact those portions. "" (" u 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. WINBKA, Out could you pleele keep poe.e.sion, and do an in camera in.paction, I mean, to redact the pereonal things? MR. McNALL~'1 I'll do my best. BY MR. WINBKA I o And aho, the note. that -- not that you t.ook today, but that you were lookin9 thr.ough before. If you could juet make sure that Hr. MoNally or Hr. Oatur1n, aomeone hae poslession? A Well, Hr. Baturin ha. them becau.e when I went in the day -- the fir.t office day aftlr the funeral, I took the notes in that I had made on the phOll1 call. coming in from connie, and from Don's friend. that weekend, and with the time, and hI! hili tho... MS. WINBI<1\I All right. I don't think I have any further questions. RBDIRECT BXAMINATION BY HR. McNALLY' o I have a couple follow-up qu,.tions, Lydia, if that'. okay. You made mentioned earlier that you reoeived a number of phone oalls from por.on. reporting that items were missing from the hou.e, did you not? A Yell. o Those tel.phone calls came from whom? A One wa. from Don Rains. 71 . 1 2 3 4 5 6 7 8 9 10 11 l2 l3 l4 15 16 17 18 . 19 20 21 22 23 24 25 o v 72 o ~rior to this time, did you know about Don Rains, had you ever heard of Don Rain.? A Connie said he had called her, and she gave me hie phone numbor, and I oalled to check becau.e when I called him he said he had .een things removed. And I remember one particular evening he called me, and he .aid, take note of the time, it is now 10115. I'm in front of Michelle's house. I followed a truck from Don'B hou.e to her houso, and there are two people in the truck. o Okay. A And it had furniture on it. o Did he identify who the two persons were? A He said he oouldn't Bee who they were. Q Okay. Now, there have been ft couple break-ins in the house, oorreot? A Right, several. We've had to call the polioe several times. o And this is even after the property was secured, correct? A Um-hum. Q New, how did -- you said you had an unlisted numb~r? A Um-hum. Q And you gave Connie your number? A Right. 74 ~ lone of the break-ins. She wrote and told me. 2 0 Okay. And Ron oov~red up the .tsreo in the -- 3 A In the hou.~, and it's still there. 4 Q Did he tell you he oovered it up? !I A lie said he fa 1 tit wou ldn' t be noticed in the 6 partioular area he placed it in. 7 0 Onoe again -- 8 A In aooount, I didn't even aee it when I opened 9 the closet door. lie had it so well conoealed. I told him 10 it WAS missing, and he said it better not be. 11 0 When you state Ron and Michelle had taken 12 things from the house, is it your opinion that he did so ~ 13 to proteot them? 14 MS. WINBKAI I'm going to objeot. 15 HR. MoNALLYI Grounds? 16 MS. WINBKAI How does she know why? 17 MS. WINBKAI I said, is it your opinion? 18 MS. WINBKAI I'm -- and I'm just objecting. 19 MR. MoNALLYI Thank you, very muoh. 20 THB WITNBSSI I would say that, that the wash 21 stand was taken to be proteoted. 22 BY HR. MoNALLYI 23 0 Okay. 24 A Say that about the speakers. \,J 25 Q But Ron has never stated he'll going to keep the 75 " 1 2 .peakers a. his own, oorrdct? A No. 3 Q okay. Now, you mentioned that connie had 4 indicated Don had gave a couple gifts to her, correct 5 A Um-hum. 6 o When did she make these statements to you? 7 A Some when we were going through the house when 8 I asked her to help me determine what had been in there 9 prior to his death. And some later on When, like when -- lO when she oame to pick up some of her things, her olothing, II and her jaoket and helmet. 12 o So did the list appear to be getting bigger? I think that the list that she gave UB was -- .1'1">>. "\1'/1 13 A 14 the things on it were things that she had listed as being l5 in the house at the time of his death. 16 The only thing I can put a finger on was, as ! 17 Baid, those -- those wardrobe cabinets that I can be l8 positive about because X thought that she was talking 19 about a wall cabinet, and we were talking, I guess, apples 20 and oranges. 21 o A lot of this was apples and oranges, wasn't 22 it? 23 A Um-hum. :14 o For instance, the books. When Connie had told '....J you and identified children's books, she didn't specify 25 " . \I 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 l7 18 19 20 21 22 23 24 25 which ohildren's book., oorrect? A No. Just that there was a box of children's books. o So you went through the ohildren'. book., did you not? A Right. Q And you found that some had Don's name in it? A When I found Don's name in it, I oalled my husband and son, and I said, come, I want you to see this. And then I went to every cther bcok that was in there, snd I pulled out the ones that had names in, and one with a pioture in, and I brought them out to you. Q Now, Connie listed on her list of assets two roasting pans/ did she not? I want to refer you to Bxhibit A. A Roasting, I don't know. !'m looking on list B. o On Bxhibit A, personal property of Connie L. Sholly. She lists under kitohen, on Page 2, two roa.ting pans, correot? A Yes. o So there was two, not one, listed, oorrect? A There were two aluminum roasting pans in there. One was a club aluminum, one whioh had oval ends. o Urn-hum. A And a dome lid. Thd other one had square ends . 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 115 17 18 19 20 21 22 23 , 24 25 . w 77 and rectangular lid. o Out she olaimed -- she now olaims only one roa8ting pan is her., correot? A I bel ieve that'. cOJ:r.eot. The olle that Minnie hall. o And she has not identified as lost the other roa.ting pan, hall .he? A Not to my knowledge. o So once again it would appear that there is some confusion ov'er what Connie was claiming as hers, correct? A Right. o ~kay. You went through the property on a number of oooasions? A Yes, I did. And in regards to the roasting pans, I took a picture of that oloset. And on one ocoasion I oame back, and the one that looked like aluminum with the rounded ends was missing, and has never turned up. I don't know where that was. o On at least one occasion when you were in the property, Connio had requested Christmas decorations, correot? A Yes. o And she pointed out where those Christmas deoorations were, correot? " . " 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 2l 22 23 24 25 A That'. right. Q Have you b~en able to find thOle Christmaa deooratione? A We weren't able to get to them at first beoauae the ladder: dhappeared, and we weren't able to get to the cubby hole. Q Okay. Aud thlty're still in your ponenion? A No, connie got them the 22nd of June. a Okay. So you provided those to her? A Right. a Okay. You searched through the house, did you find anything with connie Sholly'll n6me written on it? A A couple grouting cards. o Okay. Meaning they were greeting cards addressed to her? A That were in the desk. There were some to her, and some that she had sont to Don. a You didn't find any checkbooks? A No. Q No bank statements? A No. a No other letters addreesed to her? A No. MR. McNALLY I I have no further queltions. RBCROSS-EXAMINATION " ~ ~ . .t~.~" , ' 9 ....._~~....-_.__. -_.-.~-_. /",' " .. PIlllBONAL PROPZR'rY or CONNII L. SHOLLY A, ItemS believed to have been removed from 1619 South York street, MechaniCsburg, Pennsylvania residence I * An t:.i que patohwork quilt (white with mUlti"colors) * Roll of 32 cent stamps * Four, unopenod bottles of Body Drench Lotion * Miso. stainless steel kitchen utensils * Stereo systllm (tape player, CO player, speake;rs) * VCR .,,~.. cash from kitchen crock I' * $100.00 * White bedspread \l" B. Items believed to be remaining at 1619 south York Street, Mechanicsburg, Pennsylvania residencel Cinina Room: ,* Oil lamp (on Dining Room table) * Oriental flowered relish dish (on Dining Room table) * pink depression candy jar with lid (on Dining Room table) * Cannon 3S mm zoom lens camera * Two long-stemmed, floral designed, wine glasses (in Dining Room hutch) * Boxes of Christmas cards * Meat platters (white with flowers) * undeveloped film in Mr, Bangert's camera * Photographs of the Decedent and connie Sholly ~ivina Room: ., * * . . VarioUS baskets (located on the picture window) White Christmas ornament (hanging above picture) Pressed flowers in oval picture frame Wicker magazine basket EXHIBIT "A" , . ~ ,,-,., _. ... .- ' . t t t t Ddftwood Table I,lmbrelh CharoQal grill Red andbll,le ,led. 1 I I, " " , 'il " " 1'1 , , ,', " '. , , . " " , r ~ . " SPIEDIII E 1 , LIST OF TTFMS TO BF RETATNFD BV IHF ESTATE e 1. Antique patchHorK Quilt 2, stainless steel Kitchen utensilS 3. steror. VCR, and speakers 4, $100,00 cosh 5, Crass 'stitch picture 6, Butter churn Hith marbles 7. Roosting pan 8, Square oak table 9, Tin boot 10, Childrens bOOKS 11, Marbles in broHn Hooden box 12, Blanket chest 13, Long stemmed floral Hine glassOS 14. Blue rocker recliner 15, SnoH scene picture in frame 16, Wash stand 17, Lorge colored rug' 18, Bog on motorcycle ,-... W ST OF ITEMS NOT FOllND. 1, Silver pen 2, NeH pair of blue Jeans in Sears bOg 3, Plant food 4, tarrY case for dresses 5, Bottle of red Hine 6, Round mirror 7, thicken feed 8, Of the four pocked boxes of glaSSHare, onlY tHO found, , . g. Square Qak table: h. Tin boat; I. Children's booksi I. Marbles In brown wooden box; k. Blanket ohest; m. Large oolored rug. PIBlntlff has aoknowledged that the following remaining Items on Sohedule I have been returned to her: a. Long-stemmed floral wine glassesi b. Blue rooker recliner; o. Snow soene ploture In frame; d. Motorcycle bag. 2. The stereo, VCR and speakers In the possession of the Defendants were lolnt purchases made by both the Plaintiff and the Decedent, Donald Bangert. The Defendants are permitted to retain the stereo, VCR and speakers, but are directed to pay the Plaintiff $500,00 as her portion of the purchase price for the Items. 3. Owing to the Defendants' claims that they no longer possess the antique patchwork quilt, stainless steel kitchen utensils, tin boat and blanket chest, the Defendants are directed to pay to the Plaintiff $900.00 as reimbursement for the value of the lost Items. 4. The Defendants are directed to return to the Plaintiff the following Items 2 , ~. ,.'. ., _. . i -I .."....'"'...ll4l1i\tllt.Jtl~MU'M.l\W'!nl!\lj"lh,i.' "",>' , Hj.'i_~,,! L ""'I> .~.., " I ., or '"'I m ,('1'1'1(';' (. :' '1"1'( 1"" '" " I \1, I' 11\ 1 .',' 'Ill'" r I ~, I/t' v:: Ii' -~l_~l'~ i I", ".'.' '1'''; "I" "'1 en ,1'IiI ,.,) i Ii ,,', i.. , , Ii ,I 11'.. 'III' .' ',,'I'I (,;, \'\"';'11'1""":";"1,' "~I' )~I\.." ,II .\, ;1 " 1 , " \, \ ,I , I \.';1 I , 'I il l;ilili\~,'{'I:1 I :, IJ'lllr~t, tI ti. ,01' II , PJ;"{!:~\?)l""I:'" r;ll'i',I;~'" ", lO-'!" :\""".;I<i " 1\ '/1.'.,1'>-:;"1: I r'''''_- < !J";/;IY,r ,,: ,,I' J I'r~'i ';,,11; 'i! I I ;'i ,',I t2, #4' ? 'jl ,I, ''','';'1' "1 {PI1 ",}, ,'I , ':1 ~ ~~- i' ,I etn~ (lA-i1 #-- 'I /Ai..' titlA /I.R ,/)~J1~ I,il I' , ,I I' ..... f€o~ F I, ," :1 I) I I' '..w;';"~"""""\h"'-"''''';''; ".'. r " I I ~ g. Square oak table: h. Tin boat: I. Children's books: I. Marbles In brown wooden bOlCi k. Blanket chesti m. Large colored rug. Plaintiff has acknowledged that the following remaining Items on Schedule I have been retumed to her: a. Long-stemmed floral wine glasses; b. Blue rocker recliner; c. Snow scene picture In frame; d. Motorcycle bag. 2. The steroo, VCR and speakers In the possession of the Defendants were joint purchases made by both tha Plaintiff and the Decedent, Donald Bangert. The Defendants are permitted to retaJn the stereo, VCR and speakers, but are directed to pay the PlaJntlff $500.00 as her portion of the purchase price for the Items. 3. Owing to the Defendants' claims that they no longer possess the antique patchwork quilt, stainless steel kltcl1en utensils, Un boat and blanket chest, the Defendants are dlreated to pay to the Plaintiff $900.00 as reimbursement for the value of the lost Items. 4. The Defendants are directed to retum to the Plaintiff the following Items 2 , CONNIE ~. SHO~~Y/ Plaintiff IN THE COURT OF COMMON P~EAS CUMBER~AND CO" PENNSY.LVANIA NO. 95-6476 CIVI~ TERM v. MICHE~LE a, McNEAL, RONALD C, VANTZ and CLEMENS A. B~GERT, co-Administrators for the ESTATE OF DONALD L, BANGERT, Defendant CIVIL I\CTtoN fBAlCIPm TO DISCONTINUI TO THE PROTHONOTARY I Please marked the above-car,tioned action settled and disoon- tinued with prejudice, Respectfully submitted, I)) / / It)..., Ji M, Wineka, Esquire At rney 10 # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Dated I 2/:i Y /9 r . , , alRTIFICATI 0' BIRVICI I, JILL M. WINEKA, ESQUIRE, do hereby oertify that I se~ved a true and correct copy of Plaintiff's Praeoipe to Discontinue upon the following by depositing same in the United Stat.,s Mail, First Class postage, postage Prepaid. addressed as follows I " John J. McNally, III, Esquire Js.mes, smith & Durkin P. 0, Box 650 Hershey, PA 17033-0650 Atto~neYB for Defendants , ~. 'LJ1l.1.t/JI; t~ Ji 1 M, Wineka, Esquire A orney 10 # S8S02 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff " Dated I 2 h~-l q r '; ',I I ", I, I I, " " I " " ' 'I " ... C\.l 'tJo..' h~ (.. r:1 ~~~ !~j , h(: ') ~ ;r; .,. F ~ r;'. " I),. )' I ~J~' ro' .,., \'" I I: et!~1 II. ,;# If 'lilt I!'; ~'.! ' ~ ! 0. r": U:l ~~ p Cl' " , " I I 1 I I I' , I 1 ! ',I I I, I' "I " , , " ,