Lititz Record Express

              T H E R E S S
S E R V I N G T H E W A R W I C K À R E A F O R N E A R L Y A C E N T U R Y
99th Year ESTABLISHED APRIL, 1877, AS THE SUNBEAM
I CONSOLIDATED WITH THE LITITZ RECORD, 1937| Lititz, Lancaster County, PA 17543 Thursday, March 27,1975 10 CENTS A COPY; $4.00 PER YEAR BY MAIL
WITHIN LANCASTER COUNTY 22 PAGES — No. 1
$10,000 Suit against
School Directors May
Test Procedure Used
The Lititz area seems to be
becoming a regular testing
ground for new laws and
procedures, from the zoning
area to the school district.
The latest is a $10,000 civil
law suit against the school
directors, filed by the
P e n n s y l v a n i a S t a t e
Education
former teacher, James
Wynkoop, who was fired by
the School Board last
summer.
In words of the vernacular
from School Board President
John Evans: “I have a
strong feeling we are being a
guinea pig for the state.”
In legal jargon, from
PSEA attorney Gerald Ruth
of York: “It’s rather new in
that we have not used this
(suing individual school
board members) in this area
before.”
What has happened is that
the PSEA has filed suit in
federal court against the
nine individual School Board
members and the district
superintendent charging
that, among other things,
they did not grant Wynkoop
his due process rights before
firing him.
A federal marshall from
Reading delivered a copy of
the complaint to each School
Board member and the
superintendent last week,
with notice that their
response is to be made
within 20 days.
The four-page complaint
lists eight different ways the
School Board allegedly
v i o l a t e d W y n k o o p ’s
“procedural” due process
rights ' Tifieaning the'
> procedure used in the firing,
hearing^, etc.) and three
alleged violations of his
“substantive” due process
rights (meaning what the
School Board took into
consideration).
Ruth said the School Board
has several alternatives on
its response: it can file an
answer saying “We did these
things but did not violate the
law,” or it can file for a
motion to dismiss the whole
case.
Ruth said that most likely
there will be a hearing, if not
a trial. The complaint
specifies a jury trial, but that
is because a jury is waived
by the court if not
specifically requested.
“We’re not sure we want a
jury,” Ruth told the Record-
Express. “We have
requested declaratory relief,
but you don’t have to have a
jury for this. If it becomes
necessary to prove facts, we
would want a jury,” he said.
The damages were set at
$10,000, reportedly to cover
back wages which PSEA
believes are due to Wynkoop,
but that is the figure
specified because it is the
“required minimum” to get
a case into federal court,
Ruth said. Settlement will
not necessarily be for that
amount, he said.
Whatever award is made
by the court, he said, could
be sought either from just
one of the 10 men sued, or
divided between them.
The suit was filed
erroneously in Middle
District Court in Harrisburg,
Ruth said, because he
thought Warwick was in that
district. However, it actually
is in the eastern district, and
Ruth said he has filed for a
change of location to Eastern
District Court in
Philadelphia.
He said the suit was taken
to federal court, because a
local court would not have
heard the case before a
decision from the School
Board hearings had been
made. So far no decision
from these hearings has
been made.
If a suit had been filed in
lower court,' he said, the
PSEA could have sued the
School Board as a whole.
However, regulations now
state that suits filed in
federal courts must be
against individuals.
“This is one of the first
times we have tested this in
federal court,” Floyd
Montgomery, regional PSEA
representative who works
with Warwick teachers,
stated. “We think our case
was made stronger by 'a
recent decision handed down
by the Supreme Court about
three weeks ago stating that
schools cannot expel
students without due
process,” he said.
He said PSEA feels
Wynkoop was denied his due
process rights because he
was fired before a hearing.
“It’s like a jury saying
you’re guilty, now you can
put on your defense,” he
said.
Ruth said he had filed a
similar case last week
against the York City School
Board, after that board
suspended about 20 teachers
[Continued on Page 20]
State Representative Nick
Moehlmann talks with two of his local
constituents during the young
legislator's first “sitting” in Lititz
Monday night at the Rec Center.
l a i t i t z R e c o r d E x p r e s s P h o t o
Moehlmann said he was "pleased”
with the turnout to talk to him and
intends to return to Lititz soon.
'Sits' in Lititz
R e p . Moehlmann Opposed to
Governor’s 15 -M o n th Budget
Oil Burner Malfunction
Smokes Out Tenants
Second floor tenants at 23
E. Main St. were evacuated
for about an hour early
Tuesday morning by the
combined fire companies of
Lititz and Manheim when the
Manheim Fire Company was
called to help clear smoke
resulting from an oil burner
malfunction in the basement
of Furlow’s Variety Store, 23
E. Main St.
Said Charles Lauer,
manager of Furlow’s, “I was
called after midnight and
didn’t leave until after 2 in
the morning. Mrs. Singer
who runs the Lititz Springs
Bar downstairs was the one
who called the fire depart­ment.”
The Lititz Fire Depart­ment
was summoned by
Mrs. Margaret Singer who
thought the smoke she
noticed was coming from her
establishment, according to
Assistant Fire Chief Paul
Diehm. When the Lititz
company arrived on the
scene and began searching
for the source of the smoke,
In This Issue
Business Directory 18
Church News 16,17
Classified Ads 20,21
Editorial Page 4
Sports Section 6,7,8
Women’s 14
said Diehm, they found that
it was coming from the
basement of Furlow’s.
“We couldn’t enter without
masks, the smoke was so
bad,” Diehm told the
R eco rd -Ex p re ss. They
called the Manheim Fire
Company to help clear the
smoke with the aid of their
fan especially designed for
the purpose. In that way,
noted Diehm, using both fans
to clear smoke, they “cut the
time in half.”
Upon entering the
b a s e m e n t , f i r em e n
discovered that the oil
burner had backfired, but
the heat was intense enough
to activate the fire ex­tinguisher
located above the
furnace.
• Tenants from the second
floor were allowed to return
to their apartments about 2
a.m. after the smoke was
under control.
Interviewed by phone
Wednesday morning, Lauer
told the Record-Express that
they were in the process of
cleaning up and noted, “The
plastics are covered with oil
left from the smoke, but the
damage is minimal.”
Asked if the smoke
damage would have any
effect on his,retail business,
Lauer answered, “No, the
basement was worse than
any place.”
Governor Shapp’s 15-
month budget is going to
mean a $376 million deficit
for Pennsylvania as of Oct. 1,
1976, the amount the state
will owe in school subsidies,
State Representative Nick
Moehlmann said while in
Lititz Monday night.
The 15-month budget is an
interim measure to get the
state’s fiscal year converted
to October. However, ac­cording
to Moehlmann, all
available funds will be
depleted by the end of the
first 12 months.
Moehlmann commented
on this, along with his recent
stand against a consumer
advocate bill, after holding
his first official “sitting” in
Lititz at the Rec Center.
The young legislator ap­peared
happy and relaxed as
he talked informally to local
citizens, members of the
area Republican committee,
a few local officials, and the
press in the first floor lounge
of the Rec Center.
“This is something I love
to do,” he said. He added
that he wasn’t aware until he
read it in the Record-
Express that the “sitting”
was an all-time first here by
a representative from
Lebanon County.
“Well,” he remarked, “it’s
something that should be
done, and I intend to con­tinue
it.”
Mo eh lm an n ta lk e d
privately to about a dozen
local citizens who wanted to
know about such things as
state aid to college students,
and what could be done
about stabilizing the cost of
living and rising local taxes.
He commented that he had
expected more questions and
requests for help from local
senior citizens, and had
come equipped with a
number of booklets and
forms to pass out to them.
‘Til bring them back the
next time,” he said.
Was he pleased with the
turnout to meet him?
“I was pleased when the
first person walked through
that door,” he said.
He noted that his volume
of mail from constituents has
been' growing each week
since he took office, and that
he had a big response from
senior citizens requesting
the senior citizens benefit
book that he had made
available recently.
“Actually, I had more
response from Lititz people
than from Lebanon people,”
he said.
Commenting on his vote
last week against a bill in the
House to create a Consumer
Advocate Department, he
said it was a “lousy” bill.
“ I ’m not against the
concept of a consumer ad­vocate,
just this bill,” he
said.
He said the way the bill
now reads, it opens the way
for more patronage jobs.
“This would be a whole new
bureaucratic department.
The, trend should be away
from patronage jobs,” he
maintained.
He said the bill applies
only to three departments -
insurance, the milk^
marketing board, and the
Public Utility Commission
(PUC).
“I think the whole thing
was set up for Denenberg,”
he said.
He said a consumer ad­vocate
department should be
for all departments and not
just for the three specified in
the bill, and that the staff
should be hired and main­tained
on a merit basis.
“If just those two things
had been included, I would
have voted for it,” he said.
“I’m assuming the Senate
will make some changes in
the bill,” he said, adding that
if the Senate makes it a
“good” bill, he will vote for it
when it comes from con­ference
committee.
Asked what was happening
to the bill he had co­sponsored
to legalize bingo
for non-profit organizations,
Moehlmann said it is still
“inactive.” He also said he
does not know what is
happening right now to two
proposed bills that would
permit school districts to
collect an additional half
percent of earned income
taxes.
Moehlmann is currently
serving on the House Ways
and Means Committee and
recently was appointed to a
special committee on
em e r g e n c y m e d i c a l
procedures, to provide
emergency medical care for
all people who work at or
visit the Capitol.
Doster Tract Action
Scheduled April 7
Warwick school directors
will be making an official
decision on sale of the Doster
Tract at their Committee of
the Whole meeting on
Monday, April 7, School
Board President John Evans
said this week.
Evans said the matter is
now under study by the
property committee.
The School Board received
two bids on the Property, one
from Forney and Catherine
Longenecker, and one from
Henry Gibbel.
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THE WINNER! . . . Mrs. Mark S.
Hershey, 141 E. Lincoln Ave., Lititz, is
the winner of the Spring Vacation
Contest held by the Lititz Retailer’s
Association. Mrs. Hershey’s name
was selected from those who had
registered in Lititz stores from March
6 to March 22. Lester Bingeman,
President of the Lititz Retailer’s
s a l
X i i t i t z R e c o r d E x p r e s s P h o t o
Association, presents Mrs. Hershey
with a brochure describing activities
available to the Hersheys when they
spend a weekend of their choice at
the nationally famous Host Resort,
east of Lancaster. All expenses will be
paid by the Lititz Retailer’s
Simpkins, Witmyer
Endorsed by GOP
In Spring Primaries
The Republican com­mittee
in this area has en­dorsed
five candidates for
the spring primaries-one for
District Magistrate (Justice
of the Peace), one for
Warwick Township super­visor,
and the three in­cumbents
for Lititz Boro
Council.
Mrs. Sharron Simpkins,
311 New Haven Dr., has been
endorsed for District
Magistrate by the area
committee.
James G. Witmyer, Lititz
R4, has been endorsed for
Warwick Township super­visor
by the Warwick
Township committee per­sons.
William York, 117 W. Third
Ave., Donald Stauffer, 528
Bluebird Rd., and Lester
Stark, 37 Plum St., have been
endorsed by the borough
committee persons for Lititz
Boro Council.
With the exception of Boro
Council candidates, this is
the first time in a number of
years that other candidates
have been endorsed by the
area committee.
Mrs. Simpkins, a 30-year
old notary public, won the
endorsement over two other
Republican - registered
candidates, including the
present District Magistrate.
Altogether, there are four
persons seeking the
nomination, three registered
Republicans and one
registered Democrat, all of
whom cross filed.
Mrs. Simpkins will be
vying against incumbent
Paul F. Diehm from the
borough, Leroy Ulrich from
Brickerville, both registered
Republicans, and Mrs. Linda
Huxta from the borough, a
registered Democrat.
Witmyer, 39, won the
endorsement by the War­wick
Township GOP com­mittee
members for town­ship
supervisor, over the
incumbent Joseph M.
Brubaker, 38 Brusen Dr.
Witmyer is assistant
superintendent of the
photographic laboratory in
the products, styling and
design department at Arm­strong
Cork Co. He is also a
member of the townships’
Planning Commission and a
former member of War­wick’s
Zoning Hearing
Board.
The three incumbent
candidates for Lititz Boro
Council, York, Stauffer, and
Stark, are unopposed on the
Republican primary ticket.
However, Stauffer, the
Second Ward councilman,
will be facing Democratic
candidate, Thomas P.
James G. Witmyer
( Endorsed )
Joseph M. Brubaker
(Incumbent)
Linda J. Huxta
Record-Express Observing
99th Birthday This Week
The Lititz Record-Express
is observing its 99th an­niversary
this year, com­pleting
another year of
major local news coverage.
The paper was founded as
the Sunbeam by John G.
Zook, and originally was a
monthly publication, nine by
12 inches in size. Zook
continued as editor for many
years, with offices at 22 E.
Main St., location of the
present Record-Express.
Its name was changed to
the Lititz Express in 1881.
Meanwhile, the Lititz Record
had been founded elsewhere
by Frank Buch in 1877 and
merged with the Express in
1937, becoming the Record-
Express.
Ralph Buch succeeded his
father as owner of the
Record, eventually selling
out to Edward Fulweiler and
James R. Johnson. They in
turn sold the merged paper
continued as publisher and
editor for nearly 25 years.
In January 1962 the paper
was acquired by Robert G.
Campbell, the present owner
and publisher. Under his
supervision, the paper
converted with the Sept. 23,
1971 issue from letter press
to the offset printing process
used today.
A new format was adopted
at that time, with the paper
appearing in one section,
instead of two and
sometimes three sections as
before. In the Dec. 2, 1971
issue, a new masthead was
introduced, designed by Mrs.
George R. Garrett for a
contest conducted by the
paper.
With the Jan. 10, 1974
issue, the paper took on
another new look when it
changed its page size to a
more convenient, easier to
hold size, and added a new
Sharron A. Simpkins
(Endorsed)
£
W K m
Paul F. Diehm
(Incumbent)
Rearich, Jr., 143 N. Cedar
St., in the general election in
the fall.
There will be contests on
both the Republican and
Democratic primary tickets
for supervisor in Elizabeth
Township, but committee
persons from that area do
not plan to make an en­dorsement,
according to
Leroy S. Ulrich
Leroy Ulrich, GOP com­mitteeman
from that
township.
Candidates on the
Republican primary ticket
will be Dale F. Diehm, Elm,
and Jay R. Ober, Lititz Rl.
Candidates on the
Democratic ticket will be
Carl A. Stohler, Lititz R2,
and Robert C. Shirk, Lititz
Rl. The present supervisor
whose term expires, Charles
Strohm, is not seeking re-election.
In Penn Township,
Republican committee
persons have endorsed the
incumbent supervisor, John
Henry Hess. His opponent in
the primaries will be John J.
Dobosh, who is running
independently on the
Republican ticket.
The Lititz-Warwick area
GOP committee still plans
no endorsement, as a
committee, for Warwick
District School Board
candidates, according to
c n a i rm a n M cC lo u d .
However, McCloud said,
individua l committee
members have been given
the go-ahead to support any
candidates they want.
Wa rwick E d u c a tio n
Association, which had given
some consideration to of­ficially
supporting School
Board candidates, has
decided not to endorse,
according to Mrs. Fran
Lyon, WEA president.
Mrs. Lyon said the WEA
executive committee met on
this matter last week, but
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