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THE~mEtHanEWa
Vol. 23, No, 11
spec offers
SIPNERA to
Interested
employees
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VI'/ut M.",/I/II......IJUI.. 2. /9'/,~
TQL: Becoming a quality advisor and what It means to me
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, on Employee Appreciation Day
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A note about
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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
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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,
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A.nd Ib...,.. ..'Ib.. ..llIn..... ....,...
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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
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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.
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ulul rL'I'I!I\'l'" 1.1 $fiU I~lllih bunm.
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'1110 ~,oll,1 1"1.,, ,I,.whl{! will
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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",""
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n... MUIM
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"..., 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,
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IttlWr, ~hll.n. :./.WMIN.
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flU borlllllln lh1t1t71~t .11,,4
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,....II, '11'1,1111"" ,111"1" till, 'un. ~4 I '111"
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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
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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
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I
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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
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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
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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
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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
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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.
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WHBRl!rORl::, Defendants respeotfully roquest that this Honorable
Court enter jUdqment in their favor and aqainst Plaintiff.
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RespectfullY/I!!' bmitt~2
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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.
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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
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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.
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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'
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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.
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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
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PlolIJIO Hst tho followlnq clIaOl
(Check 01'\1I)
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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
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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,
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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,
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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,
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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
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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\
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Mad.laine N. Baturin, ..quir.
coun..l for Def.ndant Bangert
I ell!'
L""l-U.4, (W-,.~~ut '" I J.Ia{1 ~ , , I
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I IN THB COURT OF COMMON PLEAS
I CUMBERLAND CO., PENNSYINANIA
I
I NO. 95-6476 civil Term
I
I CIVIL AC'rION - LAW
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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.. ~.
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CONNII L. SHOLLY
Plaintiff
I IN THE COURT OF COMMON PLE^S
I CUMBERLAND CO., PENNSYLV^NIA
I
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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.
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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
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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
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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
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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
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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.
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I CIVIl. AC'I'lON . I,AW
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~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".
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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.
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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.
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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)
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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"
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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
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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
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Driftwood
Table umbrella
charooal gl:ill
Red and blue ~leds
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,..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
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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'
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717 North Second Street ~. 'T) ,';:
Harrisburg, PA 17102 ,i~. ::I: ;w.
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John J. McNally III, Esquire -t ,f:"
134 Slpe Avenue
Hummelstown, PA 17036
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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
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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
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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.
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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(/
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CONNIE L. SIfOLLY, I
I
PLAINTIFF r
I
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V I
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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
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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
" ,
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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
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13
14
15
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17
18
19
20
21
22
23
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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
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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?
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25
A
It would have been in 1994 September, late August
6
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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'
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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.
,......
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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
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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
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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.
~
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9
-
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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?
,..)
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A
Yes.
Q
If you could, generally deeoribe them a8 you --
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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.
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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
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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.?
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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
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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
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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
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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.
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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
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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
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.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.
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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
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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.
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14 ahead.
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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?
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connie?
A
Yes.
Q
And when was the next time you talked wi~h
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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.
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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 $.32 stamps that's here. As we walked through
12 BY MR. MoNALLYI
. )
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Okay. That was on the 22nd?
13
Q
14
MS. WINBKAI Of?
l5 BY MR. McNALLY I
16
Q
July?
I believe that was the 22nd of July ae I reoall
17
A
18 because she went to the desk and looked, and they were not
19 there.
20
o
How would you desoribe that list?
21
A
I would lay it was about everything in Don's
22 house exoept his toothbrush.
23
Q
Okay. Were there any items on that list that
24 she had identified as personal property of connie L.
, ,
'-.-I
Sholly that you saw in Aunt Minnie'S houDe?
25
25
1 A Yes, the -- the flower holder. There waB a
2 square table whioh I had seen in Minnie's living room
3 whioh he had flowers, plante on it from time to timo. As
4 I Baid, the oroBs-stitoh pioture. There was a pink oandy
5 dish that h~d been Minnie's. That waB sitting on the --
6 on the buffet.
7 There wae eome of Minnie' B oookbooks there.
B The wind rooker with the teddy bears looked like one that
9 had been either Don's or Danny's. The butter ohurn I had
10 never seen, but I brought it home for ~afe keeping. An~
11 after the last break, our eon Larry oame to visit on
12 Sunday, and his mouth flew open, and he said where did you
13 get that?
14 MS. WINEKAI Objeotion.
15 THE WITNESS: Okay.
16 MS. WINEKAl I just want to explain to her --
17 she always stops. I have to do that for the reoord. You
18 may finish.
19 THE WITNESSI Well, he said the lut time he
20 saw it was when he visited his Aunt Minnie, and he sat in
21 the living room, and he saw it on her coffee table. And
22 he admired it while she went out to get him a beverage. I
23 had never Been i1 myself prior to being in Don's house on
24 the 29th of -- 28th of -- so I can't honestly say either
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25 way.
27
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anything there that we might have mieeed, and X think W$
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
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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
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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 $200 in a crook -- a ohoese crock in the kitchon,
5 10 that U he wanted money, he wouldn't havu to go to the
6 bank. ahe handed it to me in front of my Ion, and then
7 later on she claimed that it was hers.
8 Q Okay. The oross-stitoh pioture, it was a
9 cron-stitch pioture there whioh Molly had given to Minnie
10 for Mother'S Day, and I had seen in Minnie'S home. And
11 she told me her.llelf that Molly had given it to her the
12 Sunday before I saw it. Roasting pan, I know nothing
13 a!)out. The square oak tablo / as best loan reoall, was in
14 her living room, and it had potted plants on it.
15 Q When you say her living room, whOle living
16 room?
17 A Minnie's living room was where I first saw it.
18 The tin boat I did not see until the day connie went
19 through the house with me, and that disappeared sometime
20 afterwards. I don't know what beoame of it.
21 The ohildren's book" were in a wooden box which
22 said Amerioan Red Cross Library, and had like a overseas
23 address on it. I found some with Pan's name, Danny'S
24 name, and some said from Pap Pap to Donny, and Bome to
-. 25 Danny. And one from an Aunt -- I don't recall her name,
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and one from a little girl who had lived next door to
lIarry and Minnie at the time Donny waG born -. I meen,
Penny waa born. Don'. older brother.
Q O~ay.
A I oannot say anything about the floral wine
glas.ee ae to whoae they were. I waan't aware of whoae
they were. The blue rooker in the living room I oan.t put
an identity on that. The snow soene picture frame, the
first time I saw that was when I entered the houae with
Connie.
The large oolored rug, and that was found in
the room where the pool table was, that had been
identified by Molly a$ 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.
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Q
Okay. Now, YOU've taken pioturee of these
2 iteme also, oorreat?
3
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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,
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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.
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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
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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\
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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.
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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
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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.
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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
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<\~)
,..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
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1
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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
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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
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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
--
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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
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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.
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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
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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?
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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
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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
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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
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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?
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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.
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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
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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.
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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
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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
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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?
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3 developed?
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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.
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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
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picture.
A
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16
Q
A
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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
,'''-.
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24 developed Summer of 1995.
And I marked this film from Don'. camera,
25
o
Is this your writing?
..
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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
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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.
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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.
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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
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.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
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25
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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
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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?
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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
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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"
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Table I,lmbrelh
CharoQal grill
Red andbll,le ,led.
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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
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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
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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
,
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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
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