DEANNE EBBERT

a witness herein, having been first duly sworn, was examined and testified as follows:

EXAMINATION

BY MR. BAXTER

Q. Would you state your name for the record?

A. Deanne Ebbert.

Q. And, Mrs. Ebbert, how long have you lived

in West View Borough?

A. About 43 years.

Q. And during that course of time, have you

ever worked in any position for the Borough of

West View, the North Hills School District?

A. Crossing guard at Chalfonte, Perry Highway.

Q. How close would that be to this particular

building that we're talking about?

A. Three buildings.

Q. Three buildings away? A. Yes.

Q. And would you tell the Board, if you would,

the period of time that you worked there as a

crossing guard?

A. 4 1/2 hours a day, 7 to 9, 11:15 to 1, and

like 2:30 to 4:15.

Q. And how many years have you done that?

A. About 20 years there.

Q. 20 years at that position?

A. Right. 

Q. During that period of time, then, you would

have had the opportunity to observe Mr. Ballon's

property. Is that correct?

A. Any properties along there.

Q. Did you ever observe during that course of

time any automobiles parked in the front of that

building on what we've termed here to be

the sidewalk?

A. Yes.

Q. On how many occasions?

A. Oh, a few times. I -- except for the

morning. There wasn't nobody parked there in the

morning. Never. Then a couple times, I asked

Mr. Ballon if he backed up there. I had to keep it

clear for the students, and he said he's just loading

the car and he'll leave shortly.

Q. All right. So the period of time -­

MR. WATSON:- Could we just go back

over that, because I was distracted.

MR. BAXTER: Yes.

Q. What was the period of time that you say

that Mr. Ballon was backed up to the door?

A. Yes. Like around 11 o'clock -- no. It was

when I came -- like at lunchtime, he was loading the

car. I said, I've got students coming. He said, I'm

leaving shortly. So he never gave me no problem.

MR. WATSON: Let's go back a little

further. I think she started talking about the

difference, the 7-to-9 shift.

THE WITNESS: That's in the morning.

There was nobody ever parked there.

MR. WATSON: I'm sorry.

MR. BAXTER: That's okay.

Q. And then you say you had a discussion with

Mr. Ballon on occasion?

A. Yes. A couple of times. He said he's

leaving shortly; and if somebody else pulled in

there, nobody's supposed to park here, and they

would leave. It wasn't just his. The Crowning Glory

Beauty Shop, several times they had companies drop

off towels. They had big bunches of towels, and 

they'd drop off stuff and leave.

Q. Even when you told Mr. Ballon, he told you

that he was going to pull out of there -­

A. Shortly.

Q. And he knew not to park there? Is that

what you said?

A. Yes.

MR. CLEMENT: What is that? I

object. She doesn't know what Mr. Ballon was

thinking.

MR. BAXTER: No. No. I'm talking

about a conversation that she had with Mr. Ballon.

MR. CLEMENT: He's asking what

Mr. Ballon was thinking.

MR. WATSON: Overruled.

Q. So we have this clear on the record, did

you ever have a discussion with Mr. Ballon about

parking in front of that building?

A. I went down, and I said, the students are

going to be coming. You're not supposed to be parked

here, and he said he's just unloading his car and

he's going to be leaving shortly.

Q. Did you have an opportunity to observe that

building in the early 1990s up through 1995?

A. In '95? Q. Yes.

A. Yes. I was there until about five years

ago. Then I went to Cornell.

Q. Did you ever make any observations -- do

you know when Joe Barr ran that facility?

A. Yes. A lot of times he walked to work. He

would come down the hill.

Q. Did you ever notice, Mrs. Ebbert, his van

parked on the sidewalk in front of that building?

 A. I don't recall. Anything-that would be

parked on the sidewalk bothered me, because I liked

it clear for the students.

<BGSOUND SRC="midi/coward.mid"> MR. BAXTER: You can cross.