HomeMy WebLinkAboutOC1968-0187 - ESTATE OF FAYISH~)
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IN THE ORPHANS 1 COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF
WILMA GENEVIEVE FAYISH
also known as
WILMA G. FAYISH
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PETITION IN THE NATURE OF A
COMPROMISE AND TO FIX BOND
IN RE SALE OF REAL ESTATE
UNDER PROVISIONS OF SECTIONS 513
AND 541 OF THE FIDUCIARIES
ACT OF 1949
of 1968, 0. C.
TO THE HONORABLE, THE PRESIDENT JUDGE OF SAID COURT:
The petition of Andrew Fayish respectfully represents:
1. That your petitioner is the administrator of the Estate ob
Wilma Genevieve Fayish, also known as Wilma G. Fayish, Deceased,
who died intestate a resident of the Borough of California, Wash-
ington County, Pennsylvania, on May 3, 1967. Letters of Adminis-
tration were granted to your petitioner on May 11, 1967.
2. That the only heirs at law of the decedent were John
Steven Fayish, a minor; Patricia Fayish, a minor, both of whom
lived with the decedent at 612 High Street, California, Pen-
nsylvania at the time of her death; and Henry Paul Michener, of
341 Plum Street, Wyandotte, Michigan.
3. At No. 386 of 1967, 0. C., Mike Sustrik , Jr., and Irene
Sustrik, his wife, were appointed Guardians of the person and
Guardians of the Estate's of the minors John Steven Fayish and
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Patricia Fayish. At said proceeding and in the petition asking
for the appointment of a Guardian, the entire estate of the minors
was set forth as follows:
a. Benefits from Railroad Retirement Board of approximat ly
$89.20 per month.
b. Veterans Administration benefits of one-half of
$53.00 p~r month or $26.50 per month.
c. A one-third interest each in the real estate which
matter
is the subject/of this petition.
4. At the time of the death of the decedent, the decedent
owned an interest 1n certain real estate located at 612 High Stree
in the Borough of California, Washington County, Pennsylvania,
which was heavily encumbered, and which the petitioner proposes
to sell under the terms hereinafter more particularly set forth.
A complete and precise description of the real estate involved is
set forth in Exhibit "A 11 , attached hereto and made a part hereof.
5. The real estate of the decedent referred to in Paragraph4
aforesaid, at the time of her death, was subject to a mortgage 1n
favor of the Pittsburgh National Bank (Charleroi Office) dated
July 20, 1966, in the prinicpal amount of $6,100.00; and at the
'time of the death of the decedent the balanced owed on the princip~l
of said mortgage was $5,893.87. Carmen Piccione of Craven Hill,
Charleroi, was an accomadation endorser on the note and obligation
of the decedent with the Pittsburgh National Bank, and in order
to avoid foreClosure against the real estate for non-payment of the
mortgage payments, the said Carmen Piccione has since the death of
the decedent paid the sum of $647.44 on said mortgage so that the
amount presently due on the mortgage is now $5,632.83, plus
accumulated interest.
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6. The total assets of the decedent are $1,203.93 as
follows:
a. Cash on hand
b. Equity in real estate at
time of death:
l. Appraised value
2. Less mortgage
balance
$7,000.00
5,893.87
$1,106.13
$ 97.80
1106.13
$ 1203.93
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7. The indebtedness of the decedent to date; in addition
to the mortgage debt of $5,632.83 aforementioned, known to your
petitioner is $2,054.62 as follows:
...
Funeral services
Utilities and upkeep of real estate
since death of decedent
Repayment to Carmen Piccione fo~aking
mortgage payments on behalf of decedent
as aforementioned
Letters of Administration
Short Certificates
Advertising Estate
Bond for Administrator
Filing Inventory
Anticipated Attorney 1 s Fee
Anticipated Administratorts Fee
Magee Women 1 s Hospital
$ 778.00
80.63
647.44
16.00
2.00
21.50
60.00
5.50
150.00
60.15
233.40
$2,054. 62
8. The estate is 1n danger of a foreclosure proceeding and
execution against the property of the decedent, and thereby losing
the decedent 1 s equity therein, because no funds are available to
make mortgage payments, and Mr. Piccione does not feel obligated
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~o make more payments, although diligent and thorough effort has
been made by the petitioner to sell the real estate without
success; and the cost would be prohibitory and it would not be
practical to expose the property to public sale.
9. Your petitioner has received from Carmen Piccione an
offer to purchase the equity of the decedent in the real estate
for $750.00 less the estate share of transfer costs, and he will
assume the mortgage, all as set forth in Exhibit 11B11 attached
hereto. Negotiation subsequent to receipt of Exhibit "B 11 establis ed
that Carmen Piccione will pay the sum~ of $750.00 and all transfer
costs, for the decedents equity in the real estate.
10. A sale to Carmen Piccione of the real estate involved
which was inventoried at $7,000.00 would yield a purchase price
1n excess of the inventoried value as follows:
a. Assumption of mortgage by Carmen Piccione $5632.83
b. Waiver of claim for payments made on
mortgage by Carmen Piccione 647.44
c. Cash to estate, payable by Carmen
Piccione 750.00
$7030.27
11. There is attached hereto and marked Exhibit "C" an
Affidavit of a responsible realtor familiar with real estate
values in the Borough of California, Washington County, Pennsylvan·a.
12. Attached hereto, made a part hereof and marked Exhibit "D 1
1s a copy of the Inventory filed in said estate.
13. There was a bond filed upon the grant of letters of
administration to your petitioner in the amount of $10,000.00
with the Travelers Indemnity Company as surety.
WHEREFORE, your petitioner prays your Honorable Court under
sections 513 and 541 of the Fiduciaries Act of 1949, as amended,
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'~nd Orphan's Court Rule 16, to authorize the sale of the equity
of the decedent in real estate owned by the decedent at the time
of her death, to Carmen Piccione for the sum of $750.00; and
that your petitioner be permitted to receive the proceeds from
the sale of the equity of the decedent in the real estate involved
without the entry of additional security.
Andrew Fa:yi
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF WASHINGTON )
Before me, a Notary Public, the undersigned officer, in and
for the County and Commonwealth aforesaid, personally appeared
Andrew Fayish, Administrator of the Estate of Wilma Genevieve
Fayish, also known as Wilma G. Fayish, who first having been
duly sworn according to law, deposes and says that the facts set
forth in the foregoing PETITION IN THE NATURE OF A COMPROMISE AND
TO ·FIX BOND IN RE SALE OF REAL ESTATE UNDER PROVISIONS OF SECTIONS
513 AND 541 OF THE FIDUCIARIES ACT OF 1949, are true and correct
to the best of his knowledge, information and belief.
SWORN AND SUBSCRIBED TO
BEFORE ME THIS ;J ~~
DAY OFMU,l968.
Notary Pu li
My Commission Expires:
MR.S. ANNA S. OZAVAN, Nntllrv Puhl\c
CALIFORNIA, WASHINGTON CO., PA,.
Mv Comtni,~iOfl Exnires A11tr. ~ t. If"/" I
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ALL that certain lot or parcel of ground situate and describe(
as follows:
THE SAME being lot number fifty (50) in an addition to Calif-
formerly
ornia, {/East Pike Run Township), Washington County, Pennsylvania,
and known as Normal View, which said addition was laid out in
1903, the plot or plan of which is known as the revised plan of
Normal View, recorded in the Recorder's Office of Washington Count
Pennsylvania, in Plan Book 2, Page 147.
SAID lot number fifty (50) situate as above more fully described
and bounded as follows: Having a frontage of forty (40) feet on
High Street and running back with even width parallel side lines
one hundred twenty (120) feet to a twelve foot unnamed alley,
being bounded on the south by lot number fifty-one (51) and on the
north by lot number forty-nine (49).
EXCEPTING AND RESERVING from and under the said lot number
fifty (50) all the Pittsburgh or River Vein of coal underlying
the same, together with such mining rights and privileges as have
heretofore been sold, conveyed or reserved in former deeds or
conveyances.
UPON said lot are a one story dwelling house and outbuildings
BEING the same property conveyed to John Fayish and Wilma
Fayish, his wife, by deed dated June 27, 1953, and recorded in the
Recorder's Office of Washington County, in Deed Book Vol. 869,
Page 176. The said John Fayish died July 14, 1964 vesting title
G.
in the surviving tenant by the entireties, his wife, Wilma/Fayish.
EXHIBIT TTATT
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TIILD'IIOlnl
t'12> es'-a'''
EZERSKI & SHIRE
A'ITORNEYS-AT-LA W
4 09 SCHOONMAKER A VENUE
MONESSEN. PE..VNSYLVANIA. 1~062
FRANK P. EZERSKI
BERNARD 8. SRIRE November 21, 1967
JACK L. BERGSTEIN
NOV ~ 2 1967
OLIVER N. HORMELL, ATIY.
Oliver N. Hormell
Attorney at Law
423 Third Street
California, Pennsylvania
Re: Estate of Wilma Fayish
Dear Mr. Hormell:
Mr. Piccione informs me that he discussed the pur-
chase of the real estate in the above estate on the
following basis:--
One Thousand and 00/100 ($1,000.00} Dollars
is to be paid to you as the attorney for the
Estate and the Estate will then convey the
property to Mr. Piccione, subject to the
mortgage of Pittsburgh National Bank.
Mr. Piccione wishes to propose the following as a
counter-offer to your original porposal:--
To pay to you as attorney for the above Estate
the sum of Seven Hundred Fifty and 00/100
($750.00} Dollars and, in return for this,
the Estate will convey title to the above real
estate, subject to the Pittsburgh National
Bank Mortgage. In addition, the transfer taxes
will be shared equally by the Estate and Mr.
Picc;ione.
I will appreciate it if you would discuss this offer
with the Administrator of the Estate and inform me of
your decisions as soon as possible.
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Oliver N. Hormell, Esquire Page 2 November 21, 1967
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Re: Estate of Wilma Fayish
Very truly yours,
By: 7
JLB:cb
EXHIBIT TTBTT
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
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Before me, a Notary Public, 1n and for the County and Commonwealth
aforesaid, personally appeared ROBERT J. WOOD--, Realtor, who,
being duly sworn according to law, deposes and says that he is
familiar with the values of real estate and has had experience
in buying, selling and appraising real estate in the Borough of
California, Washington County, Pennsylvania, for a period of thirt~
(30) years.
Deponent avers that he has inspected the premises of Wilma
G. Fayish located at 612 High Street, in the Borough of California
Washington County, Pennsylvania, more particularly described 1n
the annexed petition presented to the Orphan's Court of Washington
County, in the above estate; that he is a~guainted with the real
estate values in the said vicinity; that he 1s of the opinion that
$7,000.00 is a full and fair price for that property; and that
said price constitutes the fair market value of said property,
provided the same is free and clear of all encumbrances.
Dep~nent further avers that he is not personally interested
in the sale of the aforesaid premises.
Sworn and subscribed to
before ~his /9~
day.of ~~ ,1968.
· ·,:: Notary Public
.My Commission Expires:
~ -<-v (seal) ------~~----~~~~~~~~-------Robert J.<:::od, Realtor
MARl~ M. NEIL, Notary Public
~Uf.PRNIA, WASHINGTON CO., PA •
.. JI}COmmission expires July 14, 1969 EXHIBIT TTC'' f., .. · .
1\ffi~auit ®f 1£xr.rutnr ®r 1\~ministratnr
&tatt nf Ptnnsyluanta. t BB:
Qtnunty nf D!las~tngtnn \
P 11 b f h d · d h · Nota rv Public · d f 'd ersona y e ore me, t e un ers1gne aut or1ty, a ................... :::.M ........................................................... m an or sru
County and State, appeared ....... A!!.~E.~.~----~~.Y.:~.~-~ ................................................................................... who, being duly
sworn according to law, deposes and says that he is the ~inistrator of the estate of
.W.Um.~ ... G..~.D.~.Y.~~.Y.~ .. .f.gy~-~.h ................................................... deceased, that the foregoing schedules constitute a
complete inventory and appraisement of the real and personal estate ofW.g!I!.~ ... G.~D:!'::Y.J!'::Y.g .. Jf~Y.!§.h ... ,
deceased, except real estate outside the Co~monwealth of Pennsylvania; that the figures opposite each item
of real and personal estate in the foregoing schedules are determined and stated by the undersigned to
be the fair value of said items as of the date of the decedent's death, based upon a just appraisement of each
item made by the above named F.xecutor Administrator.
') o 1 and subscribed befrm· mt this .... ~ .. i..~-.k ) .·· ·. /. -;:· , /
day ~~:~:f:: ......... ! ~~.;~~.t.t ~ ... c I~c.:.: ... u?:t.. .. t~·~[~~-;~~ .......... ..
. . ....... U.:.~.~~.£J~) yrmi .
ADDITIONAL I'STHUCTIONS
l. An inventory must be filed within three months after appointment of personal representati\'e.
2. A sllppl~mental inventory must be filed within thirty days of discovery of additional assets.
:1. 1 Onginal and 2 Copies and 2 RCRI-34, Under $10,000; 1 Original and 2 Copies and 2 RCRI-33,
On:r $10,000, including Copy of Will; 1 Original and 3 Copies and 2 RCRI-33, Over $50,000, in-
cluding Copy of Will and copy of Federal Estate Tax Return.
REFERENCE FOR ADDITIONAL COPY
Act of 1947 P. L. 513 Sec. 5.2, 72 P. S. 4844.2
lhturutnrg aub 1\pprai.a.rmrut of the goods and chattels, rights and credits which
were of.~.@..~~ ... Q~.Q~Y..!!'::Y.~ ..... E!A-.Y.~§.h ....................... Jate of t.h~ ... J29.XQgg.h .. !?.f .. ~.~.1~.fQID:~g.,, ....................... .
Washington County, Pa., taken and made in conformity with the above affidavit.
REAL ESTATE
Lot N>. 50 in an Addition to California, (formerly East
Pike Run Township), Washington County, Penna. , recorded in
Deed Book Volume 869, Page 176, upon which is erected a one-
story dwelling house, Appraised Value • • • • • • • • 7, 000. 00
Encumbrance at ti me of death;
Mortgage of Pittsburgh National Bank,
recorded in MBV 685, Page 471
Decedent's equity in real estate • • • • • . •
PERSONAL PROPERTY
Cash on person
5,893.87 __ . __ _
1,106.13
Total Assets
67-038 EXHIBIT "D"11
COLLARS CENTS
1,106.13
97. 80
1,203.93
67-038
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IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF
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WILMA GENEVIEVE FAYISH ~ No. ~of 1968, 0. C.
also known as
WILMA G. FAYISH
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DECREE
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AND NOW, this
-c(? ·;z,f~day of 1968, upon
presentation of this Petition in open and ion of OLIVER
N. HORMELL, ESQUIRE, Attorney for the Petitioner, permission is
hereby granted to compromise the settlement of a claim by a
creditor, by a private conveyance of real estate to Carmen
Piccione in exchange for payment of $750.00 to be paid to petitio er
by Carmen Piccione; waiver of any claim against the Estate by
Carmen Piccione; and a·ssumption of the balance due on a mortgag
by Carmen Piccione, and it is ORDERED and DECREED that Andrew
Fayish, Administrator for the Estate of Wilma Genevieve Fayish,
also known as Wilma G. Fayish, need enter no additional security
for th.~· sale of the real estate involved, and is authorized to
'" receive the proceeds from the private sale of the real estate
located in the Borough of California, Washington County, Penn-
sylvania, as more particularly described in the Petition.
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