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Home My WebLink AboutOC1968-0247 - ESTATE OF JOSEPHIN THE ORPHANS 1 COURT OF WASHINGTON COUNTY,PENNSYLVANIA J Estate of SAM JOSEPH, Deceased. ) ) ) No.of 1969 O.C. PETITION FOR CITATION AND NOW,this .d.tJ tit day of February,1969,the Petitioner, PHILIP JOSEPH,herein,by his attorneys,GREENLEE,RICHMAN, DERRICO &POSA,represents as follows: 1.That Sam Joseph,the decedent,died January 15,1968, leaving his Last Will and Testament,which was duly probated at Will Book 105,Page 2.Your Petitioner received Letters Testamentary on February 7,1968. 3.At the time of decedent's death,decedent was the owner of certain real estate located at 541 Euclid Avenue, Canonsburg,Pennsylvania,part of which was rented to Virginia Svitek,his daughter,and Albert Svitek,her husband. 4.Your Petitioner has requested said Virginia Svitek to continue to pay rent or to give up the premises so the property can be sold in order to meet the expenses of the estate. \ 5.Said Virginia Svitek,through her'attorney,has stated on April 17,1968,that she intends to contest the terms of the will of her father which was probated (a copy of which is attached). 6.Despite numerous requests,said Virginia Svitek has failed to pay rent,or move out,or pay the sewerage treatment charges resulting in municipal liens being filed against the property of the estate. 7.Despite numerous requests to her,said Virginia Svite has failed to file a formal claim wherein the specifics of her cause may be answered. 8.Your Petitioner has been unable to get possession of said real estate in orderw properly-~minister the estate and h has been threatened by Claimant Mhen he tried to do so. WHEREFORE,your Petitioner requests a Citation be issued directed to Virginia Svitek to show cause why she should not giv up possession of said real estate. GREENLEE,RICHMAN,DERRICO &POSA BY:---=ut~~=..;.'.Z,=j/.....",..:i~~,Af2~~-i~,~r,,--'.-'__ Attorney for Petitioner My Commission Expires: ·. COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF WASHINGTON ) BEFORE ME,the undersigned authority,a notary public, personally appeared PHILIP JOSEPH,who,being duly sworn accordin to law,deposes and says that the facts set forth in the fore- going Petition are true and eorrect to the best of his knowledge information and belief. Sworn to and subscribed before me tJ../--t /Ithis2(!-day of~../"~.-/'./ff '1969. U~~Notary Pub Ii -- Washington County,Pennsylvania Escha laJo Stiteler' Notary Put'li"'":';1nton.\'!3shington CcJ. My CornmiSSlvD Expiies Se~:cmber 4,1977, iii't ftP ,'.<!Met:!t::!7 ..aM.t =.....PW • J g.r :. "'.,J 'i {.I • ('.• •'I I:. " ,: .. JOHN P.LIEKAR ATTORNEY AT LAW MELLON IIANK IIUILOING CANONSBURG.PAt I15S17 PHONE 7411,011117 17 April 1968 ,Patrick C.Derrico,Esq'., 36 North Jefferson Avenue Canonsburg,Pennsylvania,15317. .'~, Re:Estate of Sam Joseph,Deceased Dear Pa:t: Virginia Svitek,daughter of the above named S~m Joseph,D,eceased, consulted M.E.Kusturiss,Esq.,concerning her claim to the estate'of her father, and he has asked me to join him in representing Mrs.Svitek." In this respect,I have reviewed 'Mrs.Svitek's claim and believe that it has merit.It appears that Mrs.Svltek has taken care of her father , since 1960 in reliance on his agreement to devise his estate to her at his death. In ,reliance on this ,agreement,Mrs.Svitek perforinedmany and various essential services for her father,,and now learns that Mr.Joseph has failed 'to provide for '" her as agreed. Please fake this let.ter as notice from Virginia 8vitek that she , intends to contest the terms ,of the will or'herfather dated June 6,19,67.I'' ,would appreciate,an opportunity to discuss this matter with you at your ,conven~ence. ;,....~..'. Yours truly, .,' 10·<", #I\~,tJ I,..', '." ._••1_ ••"It ..... .Form No.15 (1960) Will .. Wa~gton CountyBar Association Washington,Penna. .'.." I, .I,.;.·..~_.._..___.S.a.tll..J.o.S.e.ilh~..NidQw.~x:_............._..________•._._---,._ 'ot ~~.._..,.~__j!h.~;~Q.r.Q~m_.Q~~Q~nQn.9.Q~!:&_._.__~_.__.?.._ _•..•_;_..---~ .'.'. being of sound mind and memorY.and understanding,do hereby make;Pllblish and declare this to.. be my Last Will aQ.d Testament,in manner and form foHowing;hereby revoking any will or '\Vil~s heretofore made by me.'I First.I direct that all expenses attributable to my last illness and funeral,be fully paid and.... ... satisfied,,as soon as conveniently'maybe,after ~y dece~se. Second.I give the,sum 'of Five ($5.00)Dollars to m:I daughter,Virginia Svitek. Third."'1'give my house and lot .located·at 541.Euclid Avenue,Canonsburg,Pa. along with,thee,Xtra lot adjoining it to D\1son,Edward Joseph. Fourth.I give m:I houseand.iot loc~ted at 523 Franklin Avenue,Canonsburg,Pa. to rq'son,Phill;J.p Joseph. ill the rest,'residue and remUnde~of'D\1 estate I give to rq two sons,Phillip.'""." " .'. ,~..'.., ,.';.. :.~,....'~.,. :",~ '.:, • J "..,': •I"~ ,c' ....,'.. ., '.;'. .~ '. ..~". '.,.j ',' .'. '.;:', ., ...... ..'" .'... "...'. i • '.:,,'-', 'j' ;, •••••< ". ,i,' ",' .,'','.. J'., .. ,>., ,.,.. ./ :', ." and Edward,share'and.share alike.__.........;,;,..;~-----......--"'O------~-:--..--___rI' ~-----..,..---_:-.-_--~:-'--:---.-.---,..~._---_.__.._---_._.._-_..__..._-------- "~,'.~.:.' I do hereby make,constitute and appoint Phillip Joseph to be my e~ecutor of this my Last Will and Testament IN WITNESS WHEREOF,I Sam Joseph the Testator above named,have hereunto subscribed my name and affixed my seal,the t-/-t day of June in the year of our Lord one thousand nine hundred and smy-seven. Signed,sealed,published and declared by the above named ,as and for his Sam.Joseph Last Will and Testament in the ~resence of us,who have hereunto subscribed our names at there~.:to,in the presence of said testat or his request as witnesses " '+-<o i I I ~~Q)....4-'~(/).,..; b.OQ) I ......~6 tJ:f0:>u 2 d:.i ~(2 >:,0_ :x:1 c....::,-..0 ~,...•<!>~1 0 \..L1 0 ~~~..•(/)c-:~t f_',:-:"JCf):0=.-u ~.\.\!n OJ!.-i:J \'0'~1.,..;';;:\~ ~1 ~~...,~r.:\0.1 0fj..:>..,~, '"d ~~'--~2-":Z <::Cf):Q)'''';...0.-!~'''';'"d lP'+-<Q) I C'1'"d '"d c... ~H CIl 0u '"d Q) Q)~;>a) 0 '"d b.O H ~CIl~CIl ~ '1 . ,•~tl _•• • o I (63-68-247) SAM JOSEPH, 11u Wl1r ®rp11tttlsfQIourtnf m.afllli~gt~n Clrnutt1Yf Jtuunyluauitt ESTATE OF (( ))No.247 of 1968)QI ttattou ~ DECEASED.(( )) Q!nmmnmurttltl)nf Jrltlt5ylunltin l 55: arnuntl1 nf lllltU!l4ittgtou ~ To:VIRGINIA SVIT~K and ALBERT SVITEK,her husband, Sur Petition of:PHILIP JOSEPH. by his attorneys,Greenlee,Richms.n,Derrico &Posa, Dr QtnlU1Uttu~Wnuf VIRGINIA SVITEK and ALBERT SVITEK that,laying aside all business and excuses whatsoever,you do file in the office of the Clerk of our Orphans I Court of Washington County,a full and complete answer,under 0 oath,to each and every of the averments of the said petition,on or before __M_o_n_d_a~",-r ,the 24th day of _M_a_r_c_h _ 19..6.9-,at 10 :00 o'clock ~.M.,and show cause why they should not give up possession of said real estate for purposes of proper ad- ministration; and further abide the order of our said Court in the premises, If you fail hereof,the petition may be taken PRO CONFESSO and a decree made against you. WITNESS the Honorable P.Vincent Marino,President Judge of our said Court,at Washington,Penna.,the2~of __._F_e_b_ru_a_r-:y,--_,1969 . o·~~LLJ??7C~~ Clerk of the Orphans I Court GREENLEE,HI Cm"JJlN ,DERR TCO&POS!\Esq. Attorneysfor Petitioner. (Seal) ---,,--------------------- IN THE ORPHANS I COURT OF WASHINGTON COUNTY,PENNSYLVANIA Estate of SAM JOSEPH, Deceased. ) ) ) o R D E R consideration~this annexed Petition,s directed to Virgi~Svitek and ~lbert Svitak,her husband,to :i'f-liay of __t_,'-,,'~Z~1 ~,1969,at_J-·_o_:~__~_-L.:-""" ~,~/to show cause why they should not give up possession of said real estate for purposes of proper administration. P.J./ / ( l ) ~ ~2-(..L_.:d ~7 •" ~.."IN THE ORPHANS!COURT OF WASHINGTON CQUNTY,PENNA . NO.~of 1961,o.c.\ Estate of SAM JOSEPH, Deceased. " ~: '"PETITION FOR CITATION Ii'!-&.r16~'-~-',~,:1 ~f)-~J -~..'-.h --.--.:' ,..~\I .'i :;'_>~~'.)'j,).....J J~~t ~-~:J ~.~~<y /:J,d-~/q7 ~1~ ~~GREENLEE.RICHMAN. r-..1 ~DERRICO &POSA'!:)~ATTORNEYS AT LAW Iv WASHINGTON TRUST BUILDING \/WASHINGT~ON'PA,1~301 \.A~"?:A1-~--y a 967 /G0) 0""I.,I~...~,-- ----,._.---......-----..........................~....---..~.-----_.~~~-~----_._-----~-----...~-_._---------------~--- )_loo!:"':"••LILl~~:IIlll;;l~.~'Jl.IL,,",.·~lIll 1;;oiI~~~lUI \Iof"~I;O,l..Q.QIJ'>~~lI11.l»""~.L.QI;l __"\l ':!~l,;;;i;)"\l ':Ill "'""l:(l jj ~'~'~!:I1I ........'fl ~RCC-4 (8-68)COMMONW:EALTHO;:PENNSVLVANIA l)it-r..~~DEPARTMENT OF REVENUE;~"1:~;'t;,~II g D 8286 OFFICIAl.RECEIPT 0 PENNSYLVANIA INHERITANCE AND ESTATE TAX~q.~1lINO. RECEIVED SEVEN HUNDRED SIXTY-EIGHT and 50/100....----..............--.....---....-----...dollars Philip J oocaph -E.1ter o representing Pennsylvania Inheritance or From:ATTY•GREENLEE.RICID·fAN ..DERRICO &POSA Estate Tax due from the following estate: Address 325 tTASHINGTON TRUST BUILDlb.'G 2%Tax on $$ t1ASHINGTON ..PENNSYLVANIA 15301 6%Tax on $9,979.71 $598.78 File No.63-68-247 Date of Death 1-15-68 15%Tax on $$ ~, Date of Payment December 28 ..1973 %Tax on $$ Estate Tax,Act of Name of Decedent SAM JOSEPH May 7,1927 $ County l'1.ASHINGTON TOTAL TAX CREDIT $598 ..78 .Less five percentum of tax if Remarks:paid within three months after MJR/date of death $ <:h 1 Plus interest at the rate of ,'~%from 4-15-69 to Date $169.72 'f lrOO ~[p ~~@illlrrn." , 768.50SEALTOTALAMOUNT-P.AID $ ""/, NOTE:This Triplicate Receipt ta be retaine~for au59if9S'-2 .f ,.,..c..~,I Received by )\'I (\I'!,."0 NOTE:In accepting the transfer Inheritance tax,~n futu~e 'estates,prior to the death of thelile ",-:f1Signatu'r~)tenant or tenant for years,as evidenced by this receipt,II Is understood thot the Commonwealth.'shall \ "\not be precluded or prevented from hereafter assessing additional Inheritance tax at the death of the I",,,T·t i life tenant or tenant for years whenever It appears that such additional tax may be legally due and "\--,.'(title)'.-/..=...;......... collectible for ony reason whatsoever,\,\'J ,~".."~" (',;t~j!,:..4A/--In the Court of Common Pleas of Washington County,Pennsylvania Orphans'Court Division 63-68-247 4 ~~ ATTORNEY AT LAW ANSWER IN RE: .."7~en~~--c..o ......"..r"1"1 -,':::x "-".1-1.,..<.').:'~c:...::z:,..,......-'.(,.H :::'0 rr'! ::::".~....') l"'.,)~::...t;~~ ..;,,..""..c-O"1 ~""i~.~~.~,-")~-..==-....-r,~~: :::t'C)';'~~.:)-0 ..·.......... c;:::)---.....·r-;-r:·'Vc-o C)>CI'> ""· DECEASED. "!f~; " ~., ~~~ ~~)JOHN P.LIEKAR ESTATE OF SAM JOSEPH. ~,J '"}v-..}\~~\~~\~.,~ .'\,\~l'"'~".'\.. 'J \~":-~~r~~,r~~,~.J'}'4~' '~ \~~\~.~ J\I\l~\l \\) \~j"'"}~ ~~",•A,,\,I'~:~ '\~ .r",~.''-J ~.\~r ~ "t',-..J .> 'V \.,I)'._~'S IJ ,~ .~ "~~A MELLON BANK BUILDING CANONSBURG,PA,115317 I;),,)-17Y vr /- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION Re:ESTATE OF ) SAM JOSEPH,DECEASED. ANSWER No.247 of 1968 O.C. (63-68-247) AND NOW,this 22nd day of March 1969,VIRGINIA SVITEK and ALBERT SVITEK,by their attorney,John P.Liekar,Esq.,make answer to the pet.ition of Philip Joseph,Executor of the Estate of Sam Joseph,Deceased,as follows: 1.Admitted. 2.Admitted. 3.It.is denied that said real estate was rented to respondents, and it is alleged that respondents occupied the residence of descedent at his request and for his benefit; 4.Admitted. 5.Admitted. .. 6.Admitted. 7.A formal claim has not been filed,but petitioner has been put on \ ·'- notice of respondent's claim by the aforementioned letter from her counsel,wherein '\ notice is given that cdecedent hc;d enter:-ed into an agreement with respondent to devise t he subject real estate to her by will. 8.Admitted that possession has been retained by respondents,and it is alleged that said possession is a valid occupation in accordance with Section 501 of the Fiduciaries Act of 1949,as amended,which provides that,inter alia: "A personal representative shall have the right to and shall take possession of,maintain and administer all the real and personal estate of the decedent,except real estate occupied at the time of death by an heir or devisee with the consent of the decedent.'if (Emphasis supplied). WHEREFORE,respondents request that the prayer of the Petitioner be dismissed,and that a date be set for hearing on the issues. .~{ J hn P.Liekar,Esq. ttorney for Respondents . ---------------------------------------, COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF WASHINGTON Before me,the undersigned authority,personally appeared VIRGINIA SVITEK,who,being duly sworn according to law,deposes and says that the facts set forth in the foregoing Answer are true and correct to the best of her knowledge,information and belief. V gi11iaSVitek Sworn to and subscribed be:t:ore me this 22nd day of March 1969. NARY PUBLIC ~.F~AN~S ~t GRAY,Notary Public Canonsburg,WaShington Go.,Pa... My lZOmmi&Si9J+~~pir6S'Septambe:r tg!,.];G;1'Oi .. i IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNA. NO.247 of 1968 O.C. (63-68-247) Estate of SAM JOSEPH, Deceased. AFFIDAVIT OF SERVICE ·Vd "00 N01~ril HS'WA S}.;.t!:~:?~!}_1:~~1P G REENLEE'2RI~.HMAN. DERRIC<£&Uk1&.~2 Hvur9. ATTORNEYS AT LAW WASHINGTON TRUST 8UIL01~:G .3 1 J WASHINGTON.PA.15301 .:l _~_-----J I, .' t.." IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA ) Estate of SAM JOSEPH, Deceased. ) ) ) No.247 of 1968 O.C. (63-68-247) AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS: COUNTY OF WASHINGTON ) ON this the j3-t1l day of c:7lLq4..-dv,1969,personally appeared before me,the undersigned authority,a notary public, in and for said County and Commonwealth,PATSY PITZARELLA,a did swear that on Thursday,the 27th day of February,1969,at 2:45 P.M.,he did serve on Albert Svitek and Virginia Svitek, by personally serving on Albert Svitek,an adult member of the household,at 541 Euclid Avenue,Canonsburg,Washington County, Pennsylvania,in person,a certified copy of the Petition for Citation,filed at the above number and term,by handing the said copy to nim and making the contents thereof known to him. Sworn to~d subscribed before me this 1/3 day of~,1969. ~/~fllJ,//}·td~t~~) otary Pub 1~'_7 Washington County,Pennsylvania £~cha laJo Stlttler Notary Public.Washington.Washington Ca.. r1yCommission Expires:MY,Commission Expires September ~l197l • ~,I ' ~~1 ~ In the Court of Common Pleas of Washington County,Pennsylvania Orphans'Court Division No.247 of 1968 In Re: Estate of SAM JOSEPH, Deceased. Adjudication And Order ~¥arino,P.J.) 1/.,... (~..., !J ...,-,.\0),, J - \~~,-. ·'-'•·- J "·:-~i i :.,. ~:'0•~f ~:('.)1-1 S (;'),. \,- w ( ~'J ~~ 'I. ORPHAN'S COURT/~;~H~NG;N;~A./ ~2 I )1 .. I,; .; ) IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DNISION In:Re: Estate of SAM JOSEPH, Deceased. ( ) ( ) ( ) ( No.247 of 1968 ADJUDICATION AND ORDER Marino,P.J.December 30,1969. This matter came before the court on a petition for possession of real estate by the executor of the estate of Sam Joseph,deceased,who died January 15,1968.In their answer,Virginia Svitek and Albert Svitek,her husband,the respondents,admitted possession of the relevant real estate,but set up a claim that the decedent had orally promised to will this home to his daughter as recompense for her care of decedent during his extended last illness. The court permitted testimony on both issues at the hearing fixed for same.Respondent's witnesses described the work and services rendered by Mrs.Svitek to her father from September,1966,to the date of death of decedent on January 15,1968.But the greater part of these services were rendered at the same time that decedent's sister (who had been summoned from Europe)was living with decedent specifically for the purpose of caring for himl It would appear that there was no conflict between the ladies and each was described as doing her work well and attentively.Whether the daughter was to pay rent for her apartment while Mr.Joseph was living,does not appear from the testimony.Two witnesses claimed they had heard (on different occasions) Mr.Joseph complain that he could not purchase his drugs and medicines as his daughter had not paid her rent. We turn now to the requirements of proof in the type of claim here presented.The burden of proof which the law imposes on this claimant has many times been explained and detailed."Claims against a decedent's estate for breach of an oral contract to make a will are the subject of the closest scrutiny,being the obj ects of just suspicion,and must be established by evidence clear,precise and indubitable.II Cramer v.McKinney,355 Pa.202 (1946)citing:Mooney1s Est.,328 Pa.273 (1937);Roberts Est.,350 Pa.467 (1944);Reed Est.,152 Pa.Superior Ct.389 (1943). An agreement,written or oral,to make a will is binding and irrevocable where it is supported by a valid consideration.Johnsonv.McCue, 34 Pa.180 (1859);Cridge's Est.,289 Pa.331 (1927). Where such a contract has been proven,and a subsequent breach shown to have occurred,the measure of damages is the value of the services rendered and not the estate promised to be given.Kauss v.Rohner,172 Pa. 481 (1895);Byrne's Est.,122 Pa.Superior Ct.413 (1936). Claimant,Mrs.Svitek,sought to establish a contract by testimon of various witnesses.Joseph Russell testified (page 25):IIYes.He says he needed somebody to take care of him and Nece was sitting there when he said it,and the house was going to be theirs because they gave her house up."The same witness testified (po 26)that he and Virginia Svitek's husband were working on decedent's car when the husband asked decedent something (he couldn't remember what it was that Mr.Svitek asked the decedent)but,in any event,decedent answered Mr.Svitek with the remark:"You do what you want; it's your place.II On cross -examination,he did not use the phrase lithe house was going to be theirs";he expressed himself thus (p.29):"I said they were crazy for moving in there and he said he needed somebody to take care of him, and they needed the house because they gave their house up.II -2- Thomas Russell,a brother of the previous witness,stated that he saw Mr.Svitek cleaning up the yard one day,and he (Svitek)cut down an old grape vine.When Mr.Russell suggested to decedent that if the vine continue, to grow,decedent could make some wine,Mr.Joseph answered (p.36):"It don't matter;he cleaned it the way he wanted to because,"he says,"they were going to have the place."No particulars were given by this witness as to how they (the Sviteks)were going to have possession or ownership,whethen by deed,will,or otherwise. The final witness for claimant was Louise Heider.Miss Heider, an old friend of VirginiaSvitek,testified that she was present when Mrs. Svitek first moved in with Mr.Joseph.She asked Virginia:llWhy did you leave your new home and come down here?II Mr.Joseph answered her question,and remarked,(p.43):llThis is Virginia's home.I'm giving her this home because she's taken care of me.II He explained further that his lldamn r,sons didn't care for him and that Virginia was the only one that would take care of him.There was no testimony as to when or by what means Mr. Joseph would "givell his daughter this property. That is the extent of respondent-claimant's evidence. Petitioner called several witnesses to prove that Mrs.Svitek was not alone in caring for the decedent,that the real burden of care fell on his sister,Nece;that the Sviteks had practically no real equity in the home they left,haVing resided there less than two years,with a down payment of only $300.And also that Mr.Joseph expected them to pay rent for their apartmenu, even though they were permitted to move in without a lease. Robert Calabro,the first witness for petitioner)explained that the Sviteks had abandoned the home they were buying from him,without giVing him any notification that they were moving.He described the repairs he was forced to make before he could put the home on the market again. -3- The next witness,Nicho las Makrinos,had been a tenant of the decedent in part of his home,occupying the apartment that the Sviteks later moved into.Mr.Makrinos had lived there about six months while decedent's sister,Nece,was there;it gave him an opportunity to observe what Nece did for decedent during that period.Makrinos also testified that decedent complained (after he had moved out)that the Sviteks had paid only ten or fifteen dollars per month on their rent which normally would be $50 per month, that it made it difficult for him to pay his doctor and buy medicines when he did not get his full rent. Dora Makrinos,wife of Nicholas,testified that Virginia Svitek always excused herself when asked to take her father to the doctor or somewhere else;she always said she was too busy with other matters and duties.The witness also described the manner in which Nece performed her duties for her brother;she praised her work,stating that Nece was a very strong,capabIe woman. The final witness,Leonard Byers,who had known decedent many years,testified that decedent complained,on several occasions,that Virginia did not pay rent and would not take care of him. A careful analysis of all the testimony leads inevitably to the conclusion that claimant has not submitted proof of the quality and quantity necessary to show the existence of an oral contract to will part of the estate. The claim must be established by evidence clear,precise and indubitable. This is a very weighty burden;it is not met by loose declarations of a hope of recompense. Finding,as we do,that the claimant's testimony is insufficient to prove an oral contract,we need not consider whether she has overcome the twin presumptions of gratuitous services for a father,and that services rendered are presumed to be paid for regularly during the lifetime of decedent. -4- Petitioner had a citation awarded for possession of this home and real estate.After a full consideration of all the testimony,it is evident that petitioner is entitled to possession of this real estate.We therefore make the following o R D E R AND NOW,December 30,1969,Phillip Joseph,Executor of the will of Sam Joseph,deceased,is directed to take possession of,maintain and administer the real estate including the building thereon,located at 541 Euclid Avenue,Canonsburg,Pa.,as is more fully described in petitioner's petition for citation to give up possession of real estate. Virginia Svitek and Albert Svitek,her husband,are directed to surrender possession of said property and real estate to the executor, Phillip Joseph,within thirty (30)days from the date of this order. p.J. -5- ) ~u t4£~upr£1tt£QJnur±nf J£unsllb.nmia ~tst£nt :!flistrid VIRGINIA SVITEK AND ALBERT SVITEK, Appellants 147 Appeal from the definitive adjudication and order of the COURT OF COMMON PLEAS,ORPHANS'COURT DIVISION v. PHILIP J(l3EPH,EXECUTOR OF THE ESTATE OF SAM JOSEPH,.DECEASED (oj the County oj WASHINGTON ./ No.247 of 1968 AND'NOW,October 9,1970,Appellant having failed to proceed,a judgment of non pros is entered. BY THE COURT s/JOHN C.BELL,JR. ~n 'm~5fun~~4~r~llf,I have hereunto set my hand and the seal oj said Court at Pittsburgh,Pa. L this 13th day oj October c:::::::..J_/1 1970~Q_~ Deputy Prothonotary I :No.147 March Term,1970 SUPREME COURT VIRGINIA SVITEK AND ALBERT SVITEK., Appellants I v. PHILIP JOSEPH.,EXECUTOR OF THE ESTATE OF SAM JOSEPH., DECEASED CERTIFIED COPY OF RECORD CERTIFICATE OF NON PROS Q r""'...."'...l -t-;...,--"'-~-"" LU -c-......... •(.......0.1 '",.....'..c.::::J j c:::;lF1r-.",._.-".. (/)<.( '2....J0-._....J •;:-:::::0::;~.,-0 :,r~~~~o -j ::..::~ _,.J u.J r;) L..J {-Z !.)u)- U)-:t: :::>C-?U1C'~UJ <t--0:3: c;::J :::::::.r-..J.: en <"J '" J/ ?- The Supreme Court of Pennsylvania,l 5S: Western District The Commonwealth of Pennsylvania TO THE JUDGES 01 the COURT OF COMMON PLEAS,ORPHANS r .DIVISION .lor the County 01 WASHINGTON GREETING:We being willing for certain causes to be certified of the matter of the appeal of VIRGINIA SVITEK and ALBERT SVITEK from the Definitive Adjudication and Order of your said Court at No.247 of 1968,made on the 30th day of December 1969, wherein the above-named Appellants are Plaintiffs and PHILIP JOSEPH,EXECUTOR OF THE ESTATE OF SAM JOSEPH, DECEASED,is Defendant before you,or some of you,depending,DO COMMAND YOU that the record and proceedings aforesaid,with all things touching the same,before the Justices of our Supreme Court of Pennsylvania,at Pittsburgh,in and for the Western District,on the last M.onday of September 1970 ,so full and entire as in your Court before you they remain,you certify and send,together with this,:,Writ,that we may further cause to be done thereupon that which of right and according to the laws of the said State ought. Witness HON.JOHN C.BELL,JR.,Doctor of Laws,Chief Justice of our said Supreme Court,the 26th day of March in the Year of our Lord one thousand nine hundred and seventy.~V.~ Deputy PROTHONOTARY to To the Honorable the Justices of the Supreme Court of the Commonwealth of Pennsylvania,sitting in and for the Western District: Thz record and process,and all things touching the same,so full and entire as before us they remain,we certify and send,as within we are commanded. .[L.SJ ....................................[L.S,J 0 ::tl ......(')~......0<t>-l l".l ;:l ~...:0.:...~~s:-l ;:s-a ~::0;:l <t>HI-"~(J ~0 C1"H ~0 :0 S»t"I......0 ~i <t>~:0 C1"H ~J-I''1d •.r .§i So ~0 1-3 H (l)I-d ~"J::::-(I)ON'~1~H@VI0 <+-.J J-I 0 oC-(<tr:l ;::Sllfl;\.J0ar.nlSlv3:~&~g ~en I't:$!:tj ONI(III J-3 ~j,"/s·2:a tI.l!:tj H tr:l,."".....~I ~•b"":''':;'~,tI.lo ~~~~sk?(I)s»~-~Z ~11 til tI.l '-~tJ ~...til C1"::t:.t1 0 gW '-...l5 UI '"""0 C1".J~6 Hd~n~2:UJ ~-l ~(I)J-3 ~;:l<t>~-.-'I-d l'!:I(I)C1"~Q (::l ~1-'.~g :r>'""";::-l '"t(I:~~'''~~)E (1 n ......to '0<J-3 ~;:s- ~til .,.:1 1,._~tI.l ..C1"'01-"......'"30(1)11 <t>-l~~~11 J-I ?'t:l ~J-I't:l ....~o s»....~~0 ~;:l ::sEi'R.>~;:l -.J (::l C1"-.J...0 ~gj~til 0 t1(1) ~~ NOTE-Rule C requires appellant,immediately upon entering his appeal,to serve notice thereof on the opposite party or his counsel and to file promptly in the Court below proof of the service of such notice. VIRGINIA SVITEK,et vir, Appellants vs PH ILIP JOSEPH,Executor of the Estate of SAM JOSEPH,DECEASED To Appellee or his Counsel: No.247 of Term}19 68 (Number in court below) You are hereby no t i fied that on_--=M.::.::a=r=--c=-=h=--=2=-6=-'L-1:=;9~7.!..-:..0 _ an appeal was taken to the Supreme Court of Pennsylvania in the above entitled case at No.147 March Term}1970}by __ list for the Week of _____________________________________and·that this appeal will be on the September 28,1970,in Pittsburgh Qn±~4£A}{)~J Attorneys for Appellant. __________~A~pArLilL_~3L_1970}Service of the foregoing notice is hereby aocepted.04.412-LJ J IIJ ./1/~~_~!V--)<~~~ FILE IN COURT BELOW \ ~ ,.IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'DIVISION No.247 of 1968(63-68-247) In Re:Estate of SAM JOSEPH, Deceased. I j 0 PET+f~~N FOR€ITATION ?-()FOR l"v CONTEMPT OF COURT ..I. .I ., ..tTl -r ..... ~.-' oj ~ ,. '. j [11.t Li ()- ~- tl lY ?.fo~~I r'~~~. '~J')1;1J~~~! GREENLEE.RICHMAN. DERRICO &POSA ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WASHINGTON,PA.15301 Patrick C.Derrico,Esq. -=-'=..=~~/r:l:;;7l.!;~1;) IN THE COURT OF COMMON PlEAS OF WASHINGTON COUNrY,PENNSYLVANIA. ORPHANS'DIVISION J In Re:Estate of ) ) SAM ..JOSEPH,)No.247 of 1968 )(63-68-247) Deceased.) ------ TO THE HONORABlE,THE JUDGE OF THE SAID COURT: PETITION FOR CITATION FOR CONTEMPT OF COURT AND NOW,this ~8th day of _____O~c~t~o_b_e~r ,1971,comes Philip Joseph,your Petitioner,by his attorneys,GREENLEE,RICHMAN DERRICO &POSA,and petitions your Honorable Court as follows: 1.That a Citation was issued on the above entitled case directing Virginia Svitek and Albert Svitek,her husband,to appear on September 10,1971 at 11:00 A.M.before your Honorable Court. 2.Said Citation was to show cause why the said Virginia Svitek and Albert Svitek,her husband,should not give uppossession immediately of the real estate located at 541 Euclid Avenue, Canonsburg,Was~ington County,Pennsylvania. 3.That at the same time your Petitioner appeared as did also Virginia Svitek and Albert Svitek,her husband,and Mr. Michael E.Kusturiss,Attorney for said Sviteks. 4.That no written Answer was filed to said Citation. 5.That by consent of your Honorable Court,Virginia Svitek and Albert Svitek,her husband,were given one month from the said September 10,1971 to vacate said premises. ·-'.,..'~...:, 6.The said Virginia Svitek and Albert Svitek,her husband,have made no attempt whatsoever to vacate said premises; in fact,on the date of the-said Citation,September 10,1971, after the hearing,said Virginia Svitek told Patrick C.Derrico, Attorney for your Petitioner,that she did not intend to move. 7.Despite this fact the Petitioner has abided by the Court Order and waited the full thirty (30)days to see if Virginia Svitek and Albert Svitek,her husband,would vacate the said premises. WHEREFORE~your Petitioner requests that Virginia Svitek and Albert Svitek,her husband,be cited for contempt of court immediately. GREENIEE,RICHMAN,DERRICO &POSA By_,_~~'~~'-~J~f~~'~';,....-,..__I Attorneys for the Petitioner '. ,.-,. COMMONWEALTH OF PENNSYLVANIA ) :58. COUNTY OF WASHINGTON ) Before me,the undersigned authority,a Notary Public in and for said County and State,personally appeared,PHILIP JOSEPH the Petitioner in the foregoing Petition forCitatioh ,for,:Cont:emp of',:CQ\1rt",who,being duly sworn according to law,deposes and says that the facts set forth therein are true and correct to the best of his knowledge,information and belief. Sworn to before me this 15th _....:=:.::::.=..:::;.;;:0=--_.-+-_,1971. "... IN THE COURT OF COMMON PlEAS OF WASHINGTON COUNTY,PENNSYLVANIA. ORPHANS'DIVISION In Re:Estate of SAM JOSEPH, Deceased. AND NOW,this ) ) )No.247 of 1968 )(63-68-247) ) ORDER~aY-o~-6~-:=·,1971, upon consideration of the foregoing Petition,i~is Ordered and Decreed that a Citation issue directed to said Virginia Svitek and Albert Svitek,her husband,commanding them to appear and to show cause why they should not be cited for Contempt of Court. ~ Citation returnable the ~~a;of October,1971,at ;~oOc1ock,~.M. NO.247 of 1968 (63-68-247)aIttuiinu' ~55: Ju W4t atnm nf atnmmnn 'ltus nf'lIus4ingtnu Qtnuntg.'tnnsgluuniu (@rp4altn'arourt mittininu (.) ( ) ( ) ( ) ( ) ) Qtontntoultttaltl1 of 'tultnyluauia Qtouuty of lIun4iltgtnu IN RE: ESTATE OF SAH JOSEPH, DECEASED., To:ITF?r+nn f...S\JTTEK Sur Petition of:PHTLIP JOSEPH,by his attorneys, Greenlee,Richman,Derrico &Posa,Esqs. ~rtttiU9: mt arnmmau~inu,V"'--Tu..R.......G......I.u.N.l...IIA""---"-SL:i.VT......T"""'EK"-".---'-__ that,laying aside all business and excuses whatsoever,you do file In the office of the Clerk of our Orphans'Court of Washington County,a full md com- plete answer,under oath,to each and every of the averments'of the said petition,on or before_------"'F--"r:....::i"-"d=a::..;.y---'-__~the 29th day of October 19-+L,at 3 :00 o'c1ock..l:-.M.,and show cause why the said "-...;-._~.'.- Virginia Svitek should not be cited for CONTEMPT OF COURT; and further abide the order of our said Court in the premIses, If you fail hereof,the petition may be taken PRO CONFESSO and a decree made against,you. wtrmss the Honora,~le P.Vincent M~Eino,Judge of our said Court, at Washington,Penna.,the 22 day of__~O~c~t:>.!..ob~er"--,197~1::.--_ ·;·..C'!'>.,..•;.Clerk of ,the .Orphans'Court .',.. ,' GREENLED;,RICHHAN ,DEBRICO .&,POSA,Esg. Attorney for Petitioner.PATRICK C.DERRICO,ESQ., Washington Trust Bldg., (Seal)Washington,Pennsylvania,15301 -------------------------------------- C!J:nmmuuUttn1tq of 'euul1ylunuin <!tuuuty uf IInsqittgton @Itlation \ss: ( ) ( ) ( ~-3Jn mitt QInurtnf QInmmnu 'ltus nf lIusltiugtnu QInuulg.'ruusgluuuiu ®rpqnus'<!tuurt iliuinwu ( ) (NO.247 of 1968 )(63-67-247 ) (, IN RE: ESTATEOP SA}!JOSEPH, DECEASED. To:----'A=L=B=E;;:;..;R....c.;T=----cS"--'V....;;;I=T..;..;E..;..;·K'--__- _ Sur Petition of:PHILIP .JOSEPH,by bjs attorneys; Greenlee,Ric lli'11an,Derrico Be Posa,Esqs. ~reetiug: .',me Q!nmmttu~Inu.~AL"""B=:.=ER'_=_'_T=----=S:....:..V.=.IT:::..;::E.::..::;"K=---_ that,laying aside all business andexGuses whatsoever,you do file in the office of the Clerk of our Orphans'Court of Washington County,a full and com- plete answer,under oath,to each and every of the averments of the said petition,on or before H'c...o.r-=i""'"d"""a>.Jy ,the'29th day of_--=:..o..=...c..=...t..:;..ob..:;..e......:;r::...--_ 19-+L,at_::r3+'~O......o"'--_o'clock---.E...-.M.,and show cause why the said ALBERT SVrrr'EK should not be cited forCONTE~1PT OF COURT; and further abide the order of our said Court in the premIses, If you fail hereof,the petition may be taken PRO CONFESSO and a decree made against you. 22 day of o'ctober ,19 71E~):!2z&-~~ .Clerk of the Orphans'Court ~WITNESS the Honorable P.Vincent Marino,Judge of our said Court, -at Washington,Penna.,the 'GREDTT.RR,1:{TCHI,-rA1\T ,DRRBTr,O fI~PO SA Esq. Attorney for Petitioner.PATRICK C.DERRICO ,ESQ., Washington Trust Bldg.,. .--(Seal)Washington,Penna.,1.5301. r. "." tr~ .)N THE COURT OF COMMON PLEAS bF WASHINGTON COUNTY,PENNA. ORPHANS'DIVISIONNo.247 of 1968,o.C. (63-68-247) In Re:Estate of SAM JOSEPH, Deceased. ,.;;... "..'.u PETITION FOR CITATION it Y \--'\)~~ ~1 ~~~EENLEE.RICHMAN.~~~DERRICO &POSA~,ATTORNEYS AT LAW I ~WASHINGTON TRUST BUILDINGCJWASHINGTON,PA.15301 Patri~k C.Derrico,Esq.r,"L'n I ./J n .v-~tr~~ l:/3 ~ ~j ~\\t~ JQ ~,~'-'- ~;:;OIJ~O(;z:;:e;eOC:>5'iCx:;:::::oe:se=e~eoe:"",'('(':,,;-,rj\~lf Ct-'~/';--3-J 77/.:"'ff.J..._q-~=---2.;__-",-__ ------- ,...,' , ~~.. {:".. " .. ....".. IN THE COURT OF COMMON PlEAS OF WASHINGTON COUNTY,PENNSYLVANIA. ORPHANS'DIVISION j In Re:Estate of SAM JOSEPH, Deceased. ) ) ) ) ) No.247 of 1968,O.C. (63-68-247) PETITION FOR CITATION AND NOW,this 12th day of __A;;.;..;;;;:ugs;;z,u;::;s:::..t=--,'1971, the Petitioner,PHILIP JOSEPH,herein,by his attorneys,GREENLEE, RICHMAN,DERRICO &POSA,represents as follows: 1.That Sam Joseph,the decedent,died January 15,1968, leaving his Last Will and Testament,which was duly probated at Will Book 105,Page 2.Your Petitioner received Letters Testamentary on February 7,1968. 3.At the time of decedent's death,decedent was the / owner of certain real estate located at 541 Euclid Avenue, Canonsburg,Pennsylvania,part of which was rented to Virginia Svitek,his daughter,and Albert Svitek,her husband. 4.Your Petitioner had requested said Virginia Svitek to continue to pay rent or to give up the premises so the property can be sold in order to meet the expenses of the estate. 5.In February of 1969 proceedings were instituted by your Petitioner to get possession of the real estate which were opposed by Virginia Svitek,which said proceedings resulted in an Order by your Honorable Court dated December 30,1969 providing for Virginia and Albert Svitek to give up possession in thirty (30)days,or January 30,1970.(See copy of December 30,1969 Order attached). 6.An appeal to the Supreme Court was pursued at No.147 March Term,1970 which resulted in the appellant (Svitek)failing to proceed.See Order of judgment of non pros attached (certified copy attached). 7.Despite these orders,Virginia Svitek and Albert Svitek have failed to vacate the premises,have failed to pay rent,have failed to pay sewerage treatment charges accumulating for their use of the same;and further,threaten the Petitioner with physical violence whenever he goes upon the premises. 8.Your Petitioner needs possession to properly administer the estate by selling said property and said Virginia Svitek and Albert Svitek will not give up possession. WHEREFORE,your Petitioner requests a Citation be issued directed to Virginia Svitek and Albert Svitek to show cause why they should not give up possession of said real estate immediately GREENLEE,RICHMAN,DERRICO &POSA By,(~t!L.< Attorneys fufPetit{oner COMMONWEALTH OF PENNSYLVANIA ) :S8. COUNTY OF WASHINGTON ) Before me,the undersigned authority,a Notary Public in and for said County and State,personally appeared PHILIP JOSEPH, the Petitioner in the foregoing Petition for Citation,who,being duly sworn according to law,deposes·and says that the facts set forth in said Petition are true and correct to the best of his information and belief. Sworn to and subscribed before me this 7th day of _August ,1971 ~Ve~Notary\lb1ic -~~, Washington County,Penna. , My Commission Expires:I..{-C -Z;l)~ ~n t4~~upr~nre QIourl of J~nttzt!hmnia .~5t~rn ~istrirl VIRGINIA SVITEK AND ALBERT SVITEK Appellants 147 Appeal from the definitive adjudication and order of the COURT OF COMMON PLEAS ORPHANS'COURT DIVISION ~oj the County oj v. PHILIP JOSEPH,EXECUTOR OF THE ESTATE OF SAM JOSEPH, DECEASED·. J No. WASHINGTON ·247 of 1968 ~;;.k Deputy Prothonotary March 26,1970,Appeal and Affidavit filed. ORDER . And Now,October 9,1970,appellant having failed to proceed, a judgment of non pros is entered. By the Court JOHN C.BELL,JR. Chief Justice ;;3jn 'Qt.estinunt~~~.ert.of,I have hereunto set m,'hand and the seal of said Court at Pittsburgh,Pa. this lOth day of November NQ.147 March Term,19 70 L- SUPREME COURT VIRGINIA SVITEK AND ALBERT SVITEK Appellants v. PHILIP JOSEPH,EXECUTOR OF THE ESTATE OF SAM JOSEPH, DECEASED CERTIFIED COpy OF RECORD CERTIFIED COPY OF ORDER .. Petitioner had a citaUon awarded for possession of this home and .real estate.After a full consideration of all th~,testtmony"it is evident that petitioner is entitled to possession ofth1s re~l estate.We therefore make the. ':!.,..( ,.. followinq "c ORDER .,:'I"~t' AND NOW t December SO,196,9,phlUipJoseph,Executor of the will of Sam Joseph,deceased,is directed to take possession of,maintain and ,' .admlnister the real estate including-the building thereon,located at 541 Euclid .Avenue,Canonsburg,Pa.,as is more fully described tn petitioner's petition for citation to give up possession of r.eal estate. Virginia Svitak and AlbertSvitek,her husband,are directed ~ ", surrender possession of said property and real estate to the executor,.'...,.. Phi.lli.p Joseph,within thirty'(30)days from the date of this order.., .. ., By the Court, /s/P.V.Marino, .',', .',:'\.," ,'..,. 1 ,1 .".'. P.1• ." '------\-'----------'-""''---,.'-'-'....5... ,. IN THE COURT OF COMMON PlEAS OF WASHINGTON COUNTY,PENNSYLVANIA. ORPHANS'DIVISION In Re:Estate of SAM JOSEPH, Deceased. ) ) )No.247 of 1968,O.C. ) )(63-68-247) CITATION ~ is directed to ~ AND NOW,this ~day of ~.J..&:::lc4.~~:'-'1971,upon consideration of the annexed Petition,a Virginia Svitek and husband,to appear on the~ lti-aay of ,1971,at It~o'clock,1.M.,at Washington County Co rthouse,to show cause why they should not give up possession immediately of real estate located at 541 Eucli Avenue,Canonsburg,Pennsylvania. ----------1·,I: !\j l, !is: ..-.-.iI<t /}jilt I!JlIUl1 of Q!om~~"<"'1iIlUlilington Q!onnl!J.llltnnllglllania --,®rp4utt!i'mO~~',;{in!tc...(--..r .)~_(l11iiitttt"ot1r ()NO.247 ~:'-L968 SAM JOSEPH,)~~~4~ DECEASED.(.((63-68-247) )) momtttottnttultl1 of Jtttu!iyluuttiu ~ moUttty of tmu!il1ingron ) IN BE: ESTATE OF To:VIRGINIA SVITEK and ALBERT SVITEK,her husband, Sur Petition of:PHILIP JOSEPH, by his attorneys,Greenlee,Richman,Derrico &POS~j ~rrrting: husband, VIRGINIA SVITEK And ALBERT SVITEK,her / that,laying aside all business and excuses'whatsoever,you do file in the office of the Clerk of our Orphans'Court of Washington County,a full and com- plete answer,under oath,to each and every of the averments of the said petition,on or before Friday ,thelOth day of September 19-1l-,at J J :00 o'clock-.-A-.M.,and show cause why the said Virginia Svitek and Albert Svitek,her husband,should not give up possession immediately of real estate located at 541 Euclid Avenue,Canonsburg, Pennsylvania;. and further abide the order of our said Court in the premIses, If you fail hereof,the petition may be taken PRO CONFESSO and a decree made against you. WITNESS the Honorable P.Vincent Marino,Judge of our said Court, at Washington,Penna.,the J3thday of August,A.D.,19 71.J2~?/;~ Clerk of the Orphans'Court PATRICK C.DER~ICO,ESQ., GREENLEE,BICH11II.N,DERRICe &PO~A,Esq. Attorne}Sfor Petitioner.\'!ashington Trust Bldg., Washington,Penna.,15301. (Seal) • rII..... / IN THE COURT OF COMlv.i.ON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION IN RE: ESTATE OF SAlVI JOSEPH,Deceased. Plaintiff vs. VIRGINIA SVITEK, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) No.247 of 1968 SENTENCE AND NOW"October a,1971,this Court finds that the Fe spondent or Defendants herein,Virginia Svitek and Albert Svitek have flagrantly violat Id the Order of this Court of September 10,1971.Both of them have failed to comply with the mandate of this Court.One of the Respondents,Virginia Svitek,stated here in Court at the last time that we appeared in Court that she was not going to comply with the Order of Court for reasons given by her at that time,which said reasons are not acceptable to this Court.We find Virginia Svitek and Albert Svitek,her husband,to be in contempt of this Court and we sentence each of them for said contempt of this Court as follows: Each Defendant is fined the sum of $10.00 and costs of this proceeding~ And both are ordered committed to the Washington County Jail until they purgl themselves of said contempt of Court by complying with the Order of this Cou t formerly made and which is still in effect.This commitment as stated,is until each of the Defendants purges himself and herself of said contempt.B .t it shall not be in excess of a period of six months from the date hereof.The Respondents are ordered committed forthwith. Page II Addenda#And Now#October 29.1971,at 4:30 P.M.,approximately one hour after sentence was passed,the parties have entered into a stipulatio • attached heretol which is satisfactory to the Court and therefore#the above sentence will be held in abeyance for a period of 30 days and the parties Defendant are released forthwith in the custody of their attorney#David L. Gilmore,Esquire. Court, II...•.•1'... J' ) IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF SAH JOSEPH, DECEASED. ( ) ( ) STIPULATION No.247 of 1968 (63-68-247) Whereas by Court Order dated October 29,1971 Albert Svitek and Virginia Svitek were in contempt of court for failure to give up possession of certain real estate located at 541 Euclid Ave., Borough of Canonsburg pursuant to court order in the above captioned matter and Whereas the parties hereto have agreed to certain stipulations to hold the sentence of the Court in obeyance now,therefore,the parties hereto mutually agree as follows: I.Iefendants shall deposit the sum of $3JO.00 dollars with the Attorneys for the estate to be applied to rent at $100.00 dollars a month for the two preceding months (September & October)and the month of November. 2.Defendants shall give up the subject premises at the end of November,1971. 3.Defendants shall in no way interfere or obstruct the executor of the estate from taking possession or renting other portions of the house or interfering with any attempt to sell the said premises. Witness our hands and seals this Mt~ Z.'L_day of October,1971. ~~fl-~Al bert SVl tek (SEAL) -:;::;i'-~~~~.,..rj'----+----(SEA ) • .~~ \--.J-.-,..:~\\}...- ;t-~t1 ..-."... \r.,.~::..---.,._-~~.f\-. .......... _.-~ ~ t- 'J~ ~.-;,.".-~ y'..~ ~~~~.,~~"'----- ~.>(j)_. --------------------..........------------." ) IN THE COURT OF COlvJMON PlEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS·COURT DIVISION CIVIL ACTION •lAW ESTATE OF SAM JOSEPH,) Plaintiff,) vs.)NO.247 of 1968 ALBERT SVITEK,)(63-68-247) Defendant.) AFFIDAVIT Q[SERVICE COMMOm.JEALTH OF PENNSYLVANIA ) (SS: COUNTY OF l--JASHINGTON ) Before me,the undersigned,a notary public in and for Washington County,Pennsylvania,personally appeared _ Nicholas Baxter ,a Constable in and for____;,;,;;;;,;;;--.-=__..0;;;;,,;;,;;,,;....0-_____ __ao~r~o_u_g~h__o_f_C~a_n_o_n_s_b_u.r~8 ,Washington County,Pennsylvania, who,under oath duly administered,deposes and says that he did serve an attested copy of the Petition and Citation filed at the above number and term,on .;;,;A;,;;l.b._er_..t--...S...v;.,;i;;,,;;t;;,;;e.;,;k..., the defendant above named,at __ 23 __.M.,by handing said copy to him and making known to him the contents thereof;the said Albert Svitek ,the--------------------' defendant above named,being made known to him by personal identification------------------_. Swom to and subscribed before me this 23rd day of October,19Z!.... &ta Pub ic -lilashington Wash1ngton County,Pennsylvania 'I My Commbsion Expires:tz'2;d,/37/,1?p • .. '.".~....,!, :,., ',' ".,f ." '.to,...-';,. ,;.,., ~;:.:\,:, ,(,(.-, f (.r"'•..'\, ." .'I' , '. !"~,. ~.,{,1.f•..1'.~ .:I .-..~,.,.': J ...I j ( ," l·.~.',_ .,:~ :>- (f; 0\-";;0, rn C),{, ':..1 ~. ~~,"-.....-••-'..,....-'=::- .,.. ,..... •1· ;"'to',-.,.\.,\~,,J ..,.", \'...".!.;:.',.;J \.I. '" (.._--,_..-.... .'.:, t -i (J-....."".""J:...._. ...-,d :;,;-o'!" r ~_ \J r-0 ;t>.en'."•tI.,\\.... " ..,f'. .', .-•r Co J t_._ (2 '...'.) ,;......',,"... ~._.J .-~..'..""....- ,. " ., :0 ;"'"..~ c ' .', I +,•\ ............. r ) ;( ..' ,r'. .".."J ,, t ~.".•...... IN THE COURT OF COMMON PlEAS OF WASHINGTON COUNTY,PENNSYLVANIA CIVIL ACTION •LAW ESTATE OF SAM JOSEPH, Deceased, Plaintiff, vs. VIRGINIA SVITEK and ALBERT SVITEK,her husband, Defendant~ ) ) )NO. ) ) 247 of 1968 (63-68-247) Nicholas Baxter !L__ AFFIDAVIT OF SERVICE-- COMMONWEALTH OF PENNSYLVANIA ) (5S: COUNTY OF WASHINGTON ) Before me,the undersigned,a notary public in and for Washington County,Pennsylvania,personally appeared _ ' a Constable in and for------------------ __B_o_r_o_u.g_h__o_f_C_a_n_o_n_s_b_u_r~g ,Washington County,Pennsylvania, who,under oath duly administered,deposes and says that he did serve an attested copy of the C_i_t_a_t_i_o_n filed at the above number and term,on Virginia Svitek and Albert Svitek,her hU~band, the defendantSabove named,at 541 Euclid Avenue,Canonsburg _____P_e_nn_s...,;y;..l_v_a_n_i_a --,on M_o_n_d....;ay ,the __1_6_t_h__day of A_u....;g;..u-s-t-:,19 71 ,at ''.Of <1'J1,ofcloek, __P_.M.,by handing said copy to them and making known to them the her husband, contents thereof;the said Virginia Svitek and Albert Syit§k,J the defendant above named,being made known to him by _...p....;e.;;r.;.s.;..on;,;;.a;;;,;l;;...-_ identification-----------_. Sworn to and subscribed before me this 17th day of ~:g,:;:,~.-,!' lie Washington on County,Pennsylvania 11y eo_ssion Expires:~-<e2-3 . ---~---~----------~--~-----~~------.....-------- "-',..r,,.,,:.:.l ..I -;'.'~.;."..;"1 ,","": ..,,''''' '. r·.,•lit .•'.. , " -0 •"-~_.~,t1'). 1".'•.~.............'"..~. .i .'~-) .~'. ':'.,' ,..""'i..,'" ~.•.•::...'"'=•....,I " ,c-j •..~~'~'i •, o- r - ,,~ :'::,,~:n:t>-r'"'c::;~:,p en~:(r';(()z - ~.r" -1 ~c) ~..;," _......~........,.." ,:V.i""":;'..i' ~.t .-. " .. ..:\. .. ~.,-, ;. .! ". ",~......_. •~"I'~..""" .......,..~. ,'.?" ,','./' .., .).....'..i."• -~......~....~+,.....~ r ; ,".'.,","'j .~.... I, ,t ••J .'. Ii .',.., ,':;....~#••~ " """ 'r',"";'," , "' L__ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIAORPHANS'COURT DIVISION CIVIL ACTION •!AliI ESTATE OF SAM JOSEPH, Deceased, Plaintiff, vs. VIRGINIA.SVITEK, Defendant. ) ) )NO. ) ) 247 of 1968 (63-68-247) AFFIDAVIT ~SERVICE COMMOmJEALTH OF PENNSYLVANIA ) (SS: COUNTY OF WASHINGTON ) Before me,the undersigned,a notary public in and for Washington County,Pennsylvania,personally appeared _ Nicholas Baxter ,a Constable in and for-------------'------- _B_o_r_o_u_g_h__of__c_a_n_o_n_s_b_u_rg~,Washington County,Pennsylvania, who,under oath duly administered,deposes and says that he did serve an attested copy of the Petition &Citation filed at the above number and term,on V.;.;l.;;.:"r;.t;g~i;;.n;;.;;i;.:;;a:.-;;;,S..;.vl.;:;.·t.:.:e_k~, the defendant above named,at __ ________________,on ,the ___2...3 __day of O_c-t_o_b_e_r ,19.1.!....,at 2:15P.N~'clock, __.M.,by handing said copy to her and making known to her the contents thereof;the said V_i_r~g_i_n_i_a_S_v_l._·t_e_k ,the defendant above named,being made known to him by personal identification-----------_. • to and subscribed before me 23rd day of October,192!....-u Notar Pub ,Washington Washt gton County,Pennsylvania My Co1lllllission Expires:7?pJPI {W Sworn this COURT OF COMMON PLEAS OF WASHINGTON COUNTY Orphans'Court Division J Estate of SAM JOSEPH, Deceased. ) ) ) No.247 q~,J9 68,Q.."'c.-:-: ~;...~:-4 to C:..t:-;, 1 .~(.1)"(_., BRIEF FOR PETITIONER ,:--:_.;ti,),-,- --;. ',' ...-_." ,.., -..J ,.. ... • • • • • • 2...... . .. . . .... STATEMEN1S OF QUESTIONS INVOLVED • HISTORY OF THE CASE . ...•• • ••.. ..• 1 I.THE CLAIMANT HAS NOT PROVED THE EXISTENCE Of AN ORAL CONTRACT BY EVIDENCE WHICH IS CLEAR,PRECISE AND INDUBITABLE • • • • • • . • •••• • • • • • • • • • 3 II.THE CLAIMANT HAS NOT OVERCOME THE PRE- SUMPTION THAT ANY SERVICES RENDERED TO THE DECEDENT WERE GRATUITOUS •••••• • • • • • • 5 III.THE CLAIMANT HAS NOT OVERCOME THE PRE- SUMPTION THAT SHE HAD BEEN COMPENSATED FOR ANY SERVICES THAT SHE RENDERED TO HER FATHER • • • • • • • • • • • • ••• ••• • .. .• 6 IV.CONCLUS ION • • • • • • • • • • • • • •• • ••• • ••• 7 STATEMENT OF QUESTIONS INVOLVED I.HAS THE CLAIMANT PROVED THE EXISTENCE OF AN ORAL CONTRACT BY CLEAR,PRECISE AND INDUBITABLE EVIDENCE? II.HAS THE CLAIMANT OVERCOME THE PRESUMPTION THAT ANY SERVICES RENDERED TO HER FATHER WERE GRATUITOUS? III.HAS THE CLAIMANT OVERCOME THE PRESUMPTION THAT SHE HAS BEEN COMPENSATED FOR ANY SERVICES RENDERED TO HER FATHER? - 1 - HISTORY OF THE CASE Sam Joseph,a widower and a resident of Canonsburg, Pennsylvania,died testate on January 15,1968. In his will dated June 6,1967,the decedent appointed his son,Phillip Joseph,to be the Executor of his will. The will was admitted to probate on February 7,1968, and on the same date,Letters Testamentary were granted to Phillip Joseph. In the will,the decedent gave his daughter,Virginia Svitek,the sum of Five ($5.00)Dollars;devised his house at 541 Euclid Avenue,Canonsburg,Pennsylvania,to his son, Edward Joseph;devised another house at 523 Franklin Avenue, Canonsburg,Pennsylvania,to his other son,Phillip Joseph. The residue of his estate was bequeathed in equal shares to his sons,Edward Joseph and Phillip Joseph. Subsequent to the probate of the will,Virginia Svitek, daughter of the decedent,alleged the existence of an oral contract between the decedent and her pursuant to which the decedent was to devise to her his house at 541 Euclid Avenue Canonsburg,Pennsylvania.The alleged consideration for the - 2 - devise was that Mrs.Svitek performed services for the dece- dent from approximately September,1966,until the date of his death. Pursuant to this belief that she was entitled to the house,Mrs.Svitek refused to vacate it,which action pre- vented Phillip Joseph,the Executor,from carrying out his duties as Executor. On April 17,1968,Mrs.Svitek,through her attorney, informed Petitioner that she intended to contest the terms of the will of her father. Subsequently,the Executor,Phillip Joseph,through his attorneys,filed a Petition for Possession of Real Estate. A hearing on this Petition was held on Wednesday,May 14,1969,before President Judge Marino. This brief is filed pursuant to an Order of the Court and in support of the Petitioner's claims as set forth at the above-mentioned hearing. I.THE CLAIMANT HAS NOT PROVED THE EXISTENCE OF AN ORAL CONTRACT BY EVIDENCE WHICH IS CLEAR,PRECISE AND INDUBITABLE. In order to recover on a contract against the estate of a decedent,the claimant must establish the existence of such contract.In Cramer v.McKinney,355 Pa.202 (1946),the Pennsylvania Supreme Court set the standard of proff required to uphold such a claim when it said: "Claims against a decedent's estate for breach of an oral contract to make a will are the subject of the closest scrutiny,being the objects of just suspicion,and must be established by evidence clear, precise and indubitable."lQ..at 203-204. The most favorable testimony in behalf of claimant in this case is set forth below,and this,it is submitted,does not meet the standards set forth in Cramer v.McKinney,supra. Mr.Joseph Russell,on direct examination at Page 25 of the transcript,testified as follows: "A.Yes.He says he needed somebody to take care of him and Nece was sitting there when he said it and the house was going to be theirs because they gave her house up." Mr.Thomas Russell,on direct examination,at page 36 of the transcript,testified that the testator said "they were going to have the place." - 3 - These quotations are at best loose talk and not sufficient to establish a contract with all of its legal ramifications.It has long been a law in Pennsylvania that such loose declarations are not sufficient to warrant re- covery.See Roberts Estate,350 Pa.467 at 472 (1944); Stafford v.Reed,363 Pa.405 at 411 (1950). Your Honorable Court in dealing with the same problem in Estate of J.Pearl Briggs,46 Wash.223 (1966), had reason to interpret the meaning of "clear,precise and indubitable".The interpretation there given to this language excludes the possibility of recovery in the present factual situation. - 4 - I I.THE CLAIMANT HAS NOT OVERCOME THE PRESUMPTION THAT ANY SERVICES RENDERED TO THE DECEDENT WERE GRATUITOUS. The claimant has the burden of overcoming the pre- sumption that services rendered to her father were gratuitous. As stated in Croissant Trust,171,Pa.Super.321 at 323 (1952): "Nursing services rendered by a child to his parents are presumably gratuitous.Payment for them can be made only upon a contract proven by clear,distinct and positive evidence.Mere loose declarations in- dicating the wish that recompense be given are not sufficient to prove a contract." As pointed out earlier,no such clear,precise and indubitable evidence has been produced by claimant and,there- fore,she has not overcome the presumption that her services, if any,were donated to her aged father. - 5 - III.THE CLAIMANT HAS NOT OVERCOME THE PRESUMPTION THAT SHE HAD BEEN COMPENSATED FOR ANY SERVICES THAT SHE RENDERED TO HER FATHER. In Sum.Pa.Jur.Contracts,§419,the rule is stated that: ilEven where recovery is not barred by the application of the presumption that the services were gratuitous, another presumption may bar recovery.In case of claims for domestic services,boarding and other simi- lar claims that are usually and customarily paid weekly in regular installments,the law presumes that the same were paid for in regular installments,and before plain- tiff can recover,he must not only make out a clear case showing prima facie liability,but he must also prelimi- narily rebut the presumption that services were paid for in periodical payments by the deceased in his lifetime." The alleged services rendered to Mr.Joseph in this case meet the description above,and there has been no evidence offered to rebut the presumption that such services were gratuitous. - 6 - IV.CONCLUSION. Claimant has not met the standard of proof required to establish a contract with the estate of a decedent;claimant has not overcome the presumption that the services rendered were gratuitous;claimant has not overcome the presumption that she has been paid for any services that she rendered. The testator's wishes are a matter of record in his will, and the Honorable Court is urged not to thwart such wishes on the basis of such an inprecise claim as that presented by the claimant. Respectfully Submitted, GREENLEE,RICHMAN,DERRICO &POSA - 7 - ., L ,- ef)<)C ..J c_,-'-''....J .'-:.- -.:..:;: '/" !' l. C::"l ".")'-,; lJ L..::'::.; b ~-bg-,;277 1\ffi~autt (@f ifxrrutnr ~r 1\bmtlltlitrntnr @Platr of Jrnn£lgluania.~11.£1: Cltnunty of .a£l~ington \ Personally before me,the undersigned authority,a NQ.t.lil.J:Y..P.ub.lic...in and for said County and State,appeared P.h.;l,l.il?...J..Q§.~.p.b.who,being duly sworn according to law,deposes and says that he is the executor »KXdntixm3lJtlKofthe estate of .................................s..~m J.Q~HH?.h deceased,that the foregoing schedules constitute a complete inventory and appraisement of the real and personal estate of...§~.~:!9..~.~.P.~, deceased,except real estate outside the Commonwealth 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 Executor ~~ Sworn and subscribed before me this ~.~.h........l fV~~j~M ~daYe:!;;?;J;~P.i.~mJ?~:Y9..13.Jf.....· ·..fjl.1.L·-::·~·i~~~..~~~Mi .. ....2L?e1:"~.. ADDITIONAL INSTRUCTIONS 1.An inve.ntory must be filed within three months after appointment of personal representative. 2..A.supplemental inventory must be filed within thirty days of discovery of additional assets. 3.1 Original and 2 Copies and 2 RCRI-34,Under $10,000;1 Original and 2 Copies and 2 RCRI-33, Over $10,000,including Copy of Will;1 Original and 3 Copies and 2 RCRI-33,Over $50,000,in- cluding Copy of Will and copy of Federal Estate Tax Return. REFERENCE FOR ADDITIONAL COpy Act of 1947 P.L.513 Sec.5.2,72 P.S.4844.2 1Juurutnry auill\pprai.armfut of the goods and chattels,rights and credits which were of s.~.m J..Q.~.§.P.b.late of 1;.hg ~.Q.;:9..ggh 9..E 9..~g9..g.~.!?.~!'.g .. Washington County,Pa.,taken and made in conformity with the above affidavit. ) DOLLARS CENTS REALTY: ALL that parcel being Lot 213 &215,Block 13,Cecil Imp. Co.Plan of Lots,Plan Book 2,Page 151,situate in the First Ward of the Borough of Canonsburg,Washington Co., Pa.,on which is erected a 2-sty.frame dwelling house known as 523 Franklin Ave.,Canonsburg,Penna.(See Deed Book 1190,page 28 for Recital). ALL that parcel being Lots Nos.233 and 235,Block 13, Cecil Improvement Co.Plan of Lots,Plan Book 2,Page 151,situate in the First Ward of the Borough of Csbg., Washington Co.,pa.,on which is erected a 2-1/2 frame dwelling house and garage known as 541 Euclid Ave. (See Deed Book 1183,page 596 for Recital)(Sold-In Poor Condition)Total Inventory 5,000 00 8,500 00 13,500 00 .....-..... .....,• """:t ~~••'a .. •-\...••,ll/:"'o--<I ""..~....';'::r: •-CJ.• ...1 ~ ''Vd "00 NOljNIHSvh\ S111/\jO H31SI~3H 0;41:::\/1'1 TnSSnl:1 .-:-- ) Form RCC-33 RESIDENT DECEDENT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS COUNTY OF ...WA$l:lJN.GTQN .. IMPORTANT:This return must be completed in detail and filed in duplicate,with will attached,with the Register of Wills of the County where decedent resided;Return is due within one year after date of death,unless an extension is granted by the Secretary of Revenue.(Section 703 of the Inheritance and Estate Tax Act of 1961.) State of ..... County of =::::::::~~~=~~-=-},,' ...............................................................................................:I:'.hJl!.p......J..9..I?,..~.ph ....... of the estate of the above-named decedent being duly sworn.deposeS and say S .........Eueutor Decedent dJed J.?PP.:?l::'Y 15..,· (Month).(lIay).......,19·?y~~·i....··{;;,~~aVing a last will.copy of which i.hereto attached.} Name and address of attorney or} other authorized representative to whom all correspondence should be mailed. Greenlee Richman Derrico &Posa........................................, ,.. 325 Wa s1:l:i.t:lgt:9t:l'I):'ql?,t::B~~g~,..WCl..l3h:i.t:lgt:9t:l,.:P.<?t:lt:lc.:t J.??.Ql . That as such ~~~9.!J..t.:.Q6.deponent is familiar with the affairs of said estate and the property con- (Executor-Administrator) stituting the assets thereof and their fair market value. That at the time of death there was no safe deposit box registered in decedent's individual name,or jointly with,Or as agent or deputy of another,or in decedent's individual name,with right of access by another as agent or deputy,with the exception of the following:- NAME AND ADDRESS OF BANK OR OTHER INSTITUTION THIS SAFE DEPOSIT BOX RENTED RELATIONSHIP OF JOINT IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT That the contents of said safe deposit box or boxes are itemized under Schedules of this---return,with the exception of the following,for the reasons hereinafter set forth: That Schedule A attached hereto and made part hereof sets forth fully and in detail all theIrealpropertyintheCommonwealthofPennsylvaniaofwhichdecedentdiedhavinganinteresttherein.It also sets forth the mortgage encumbrances upon each parcel of real property at the date of death,giving the amount still due at death,name of mortgagee,date,rate of interest,and book and page of record thereof.It also sets forth in the columns provided therefore the assessed valuation of each of said parcels,the estimated market value thereof as of date of death of decedent. That Schedule B attached hereto and made part hereof sets forth fully and in detail all personal property wheresover situated owned by the decedent at the time of death;all moneys left by the decedent at the time of death,whether in decedent's immediate possession,standing to decedent's credit in banks of deposit,savings banks,trust companies,or other institutions,whether indiVidually,.or in lrust for any other person or persons giving also separately the accrued interest thereon,if any,.'<lO~'to the last interest day prior to decedent's death in the case of ~avings banks,and to the date of'd~~edent'srdeath-.,. in all other cases;a~l bonds,postal savings,treasury certificates or notes and other~evidence of in- debtedness of the United States to the decedent;all obligations,whether by statute 'or~~agreement they.. are designated as tax free,of the United States,or any state,or political sUbdivision.~Qereof,or of....,",-...any foreign country,which are owned at the time of death;all wearing apparel,jewelry,silverware,·pic-.,~,. tures,books,works of art,household furniture,horses,carriages,automobiles,boats,and any and all other personal chattels of whatsoever kind or nature,left bydecedent,together with the fairly estimated market value thereof;all bonds and mortga~es held by decedent and of all claims due and owing decedent at the time of death,and all promissory notes or other instruments in writing for the payment of money of which decedent died possessed,of whatsoever nature,With interest thereon,if any,giving the face value and estimated fair market value thereof,and if such estimated fair market value be less than the face value,it sets forth briefly the reasons for such depreciation as to each item;all moneys payable to the estate from life insurance policl'es carried by decedent;all annuity and endowment contracts the proceeds of which were payable upon the death of the decedent;and all the corporate stocks and dividends due thereon and unpaid as of the date of death,bonds and accrued interest thereon to the date of dece- dent's death and other investment securities owned by the decedent at the time of death,with the market"-:.value thereof at such time. In the case of securities of close or family corporations,the values reported are as far as possible substantiated by financial statements of the corporations,showing the assets and liabilities thereof as of the date of death.The schedule also sets forth the interest of decedent at the time of death in any co-partnership or business,and in support of the value of such interest there is annexed to said schedule,financial statements showing the assets and liabilities of said co-partnership or business. A copy of the co-partnership agreement,(if oral,a statement setting forth the nature of the-agreement) together with a statement setting forth the character of the business,its location,and such other facts pertaining to the business as may be pertinent to a fair and just appraisal of the decedent's interest therein must be submitted.It should also set forth in itemized form,together with the fair market value thereof,any'other property owned or bequeathed by the decedent at the time of death. The Schedule C attached hereto and made part hereof sets forth a true answer to each inquiry conlained therein and in the case of transfers ofproperty,real or personal,within two years of decedent's death,in contemplation of de~edent's death,or intended to take effect in possession or enjoyment at or J after d~ath,said schedule sets forth the nature and value of such property,to whom transferred,the relationship of the transferees to the decedent,the proportionate share received by each transferee and all othe~facts of a pertinent nature regarding said transfers.In the case of transfers intended to ta~e effect in posses~ion or enjoyment at or after death,there is also attached to the schedule a copy of the deed,trust agre~ment or other instrument creating the trust.Ther.~is also set forth in said schedl}le a list of all-property,real and personal,with its value,which passes at decedent's death by virtue 'ofthe -exercis.e by decedent,either individually,or jointly with another,or any power of appoint- ment vested in decedent,either individually or jointly,by the will,deed,or other instrument of another, with a copy of the instrument creating such'powerattached to the schedule. That Schedule D attached hereto and made part hereof sets forth the names and addresses of all .persons be~eficially interested in this estate at the time of decedent's death,the nature of their res- pective .interests,their relationship,if any,to the decedent,together with the ages at the time of decedent's deatn'of all ~ino~s,annuitants and beneficiaries for life under decedent's Will.It also contains a statement showing which of the beneficiaries named in the decedent's will,if any,died prior to decedent,th~dates of;th~ir death,their issue,andthe relationship of such issue to the beneficiary. That Schedule E attached hereto and made a part hereof sets forth all property,real and per- sonal,owned by the decedent jointly With another or others,including intangible,standing in the name of the decedent and others,plus the date and place of record of instruments effecting the vestiture of real estate and the date of acquisition of personalty,plus the name,address and relationship,if any, of co-owners to the decedent. That Schedule F attached hereto and made a part hereof sets forth fully and in detail all debts and deductions claimed for and on behalf of this decedent's estate,including funeral expenses paid; family exemption,where applicable;costs of administration of this estate;counsel fees and fudiciary's commissions paid or to'be paid;cost expended for burial trusts,tombstones or gravemarkers,and reli- gious services,in consequence 6f the death of the decedent;debts and claims owing and Impaid at time of death;taxes accrued chargeable for period prior to decedent's death (except those allowed under Section 651 of the Inheritance and Estate Tax Act);together with a statement of collateral pledged for obliga- tions,if any.It is agreed that the fiduciary will present proof of said claimed obligations upon re- quest,that if the amount actually paid in settlement of any fee,commission or debt is less than the estimated amount claiming and allowed,that the same will be reported to the Register of WillS,and that the amount of tax assessed can be reassessed in accordance therewith. That the totals of the appropriate columns in Schedules "A","B", "C","E",and "F"as directed therein, have been carried forward and properly registered in the Summary. Subscribed and sworn to before me this 9...t..h..........M ..•....._-~-_.-:;d~ePtember _1913........ii~1;;:~~------_._-- ..........~~;;._~.2--.-..--.---..-~--..-----..-.......................~.74.G.~.~.9.-..~Ay.~..~~...·/......",7~'MYRA J.FRANK (Street Number) ../.'Notary Public,Washington,Washington Co...C_~.nQ.n$..b..ur.g.,_F..e.nn~_.l.,.S..~.17 . My CommiSiion Expires March 12.1977 (City or Town and Sta.te) NOTE:Before signing affidavit make sure all blank spaces in the affidavit and schedules annexed are filled in with details or the word "None",and in case the assets include rare and unlisted securities, securities of close or family corporations or an interest in any co-partnership or business,that the data and statements required under the paragraph above relating to Schedule "B"are attached.Also make certain that column #1 ''''the "Summary"has been properly completed as above-directed. RCC-34~,:r.~,~t .COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "A" REAL PROPERTY Real property in Pennsylvania,with statement of mortgage encumbrances upon each parcel at death of dece- dent.Where property held as joint tenant or tenancy by entireties,report on Schedule "E".Property held by the decedent as tenant in common with another or others,should be identified as to quantum of interest and the estimated value should be that of the decedent's interest only. The real property located In the Commonwealth of Pennsylvania should be described by lot and block number,street and street number,together with a general description of the property,with a reference to the recard af the conveyance by which the decedent toak title;if a farm state number af a· cres;also statement of mortgage encumbrances upon each parcel at death of decedent.Taxes,assessments,accrued Interest on mortgages,etc.,are ta be listed on Schedule "F"and must nat be deducted fram this schedule. (1) ASSESSED VALUE FOR YEAR OF DECEDENT'S DEATH (2) ESTIMATED MARKET VALUE (3\ DEPARTMENT VALUATION CAUTION (Do not write In this space) 1.ALL that parcel being Lot 213 &215,Bik. 13,Cecil Improvement Co.Plan of Lots, Plan Book 2,Page 151,situate in the First Ward of the Borough of Canonsburg, Washington Co.,Pa.,on which is erected a 2-story frame dwelling house known as 523 Franklin Ave.,Canonsburg,Penna. (See Deed Book 1190,page 28 for Re- cital)5,000.00 2.ALL that parcel being Lots Nos.233 anc 235,Block 13,Cecil Improvement Co. Plan of Lots,Plan Book 2,Page 151, situate in the First Ward of the Boro. of Canonsburg,Washington Co.,Pa.,on which is erected a 2-1/2 story frame dwelling house and garage known as 541 ~uclid Ave.(See Deed Book 1183,Page 596 for Recital).(Sold -Poor Condition)8,500.00 ~~tI~~~S-dJCl.~~~ 0~~tU1y hJ >d'~.~/??~ Insert this total opposite "real property",Schedule "A"in the 11 X XXX "As Reported"column on the last page of this return.fP /~.$tJ(J U2k-m.c.r RCC.-,35 COMJ\lONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDlJLE "nil PF.RSONAL PHOPERTY .. INSTRUCTIONS:This Schedule must disclose all tangible and intangible p'!rsonal property owned indi.vidually by the decedent,at the t.ime of his death.Property owned by t.he dp-cHien!.jointly with another or others must be listed under'Schedule "E".Intangible personal property,titled in the name of the decedent,but payable at death to another or others,including but not limited to J',O.D.U.S.SaVings Bonds and tenta- tive trust accounts,must be listen,despite the fact that they are not of t~.e administered estate. Tangible personal property shouln be listed fi.rst.(P.g.jewelry,wearing apparel,household goods,and furnishings,hooks,paintings,automobiles,boats.{':r.) Intangible.personal property,such as bonds,treCi~mr.v cert.ificates,cash on hand and in bank, stocks,mortgages,notes,together wlth accrued interest or dIv:lcJends,salaries or wages,insurance pay- able to the estate or finuciary In sald capacity,partnerslLip ]nterests,interest in anyundistrlbuted es tate of or income from any property held in trust under the will or agreement of another,even though located outside of the State,at the time of death,should be Ii.sten in this schedule. Item ITEM UNIT ESTIMATED DEPARTMENT VALUATION No.List and describe fully VALUE ~IARKEI'VALUE (Do not write in this space) None , , Insert this total opposite "Personal Property",Schedule "B"in X X the "As Reported"column on the last page of this return.0 '. COMMONWEALTH Ol~PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "c" TRANSFETtS (1)Did decedent,wi thin two years of death,make any transfer of any material part of his estate,without receiving a valuable and adequate consideration therefor?(Answer yes or no)No (2)Did decedent,wi thin two years of death,transfer property from himself to himself and another or others (including a spouse)in joint ownership?(Answer yes or no)No (3)If the answer to (1)or (2)above is in the affirmative state: (a)Age of decedent at time of transfer _ (b)State of decedent's heal th at time of making the transfer.(Note 1). (c)Cause of decedent's death.(Note 1). (4)Did decedent,in his lifetime,make any transfer of property without receiving a valuable or adequate consideration therefor which was to take effect in possession or enj oyment at or after his death? (Answer yes or no)No (a)Was there any possibility that the property transferred might return to transferer or his estate or be subject to his power of disposition?(Answer yes or no)No (b)What was the transferee's age at time of decedent's death?_ (5)Did decedent in his lifetime make any transfer without receiving a valuable and adequate consideration therefor under which transferor expressly or impliedly reserves for his life or any period which does not in fact end before his death: (a)The possession or enjoyment of or the right to income from the property transferred? (Answer yes or no)__~N~o~__ (b)The right to designate the persons who shall possess or enjoy the property transferred or income therefrom?(Answer yes or no)No (6)If the answer to (5)(b)above is in the affirmative,state whether the right was reserved in decedent alone or others --=-_ (7)Did decedent in his lifetime make a transfer,the consideration for which was transferee's promise to pay income to or for the benefit of care of transferor?(Answer yes or no)No (8)Did decedent,at any time,transfer property,the beneficial enjoyment of which was subject to change, because of a reserved power to alter,amend,or revoke,or which could revert to decedent under terms of transfer or by operation of law?(Answer yes or no)No (9)If the answer to (8)above is in the affirmative,was the power to alter,amend,or revoke the inter- est of the beneficiary reserved in the decedent alone or the decedent and others? (Answer yes or no)No NOTE 1:The answers to these questions should be supported by affidavit by the attending physician as well as a copy of the death certificate. NOTE 2:If answer to any of the above questions is yes,set forth below a description of the property transferred,it's fair market value at date of death,dates of transfers and to whom transferred,with relationship of transferees to decedent,if any.Submit copy of any trust deed or instrument,if trans- fers are claimed to be non-taxable,also submit detailed statement of facts on which said claim is based. NOTE 3:List applicable property below in manner in which provided in Schedules A,B,or E. ITEM None DESCRIPTION MARKET VALUE (Es timated)DEPT.VALUATION (Dept.Only) Insert this total opposite "Transfers",Schedule "C"in the "As Reported"column on the last page of this return. COMMONWEALTH OF PENNSYLVANIA rnANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "E" JOINTLY OWNED PROPERTY INSTRFCTIOKS:This schedule must disclose all property,real and personal,owned by the decedent jointly with another or others,including intangibles,standing in the name of the decedent and others.List real estate first,as entireties,or joint tenants,giving brief description,as indicated under Schedule "A",plus the date and place of record of instrument effecting vestiture,but do not include entireties Dr out of state real estate value in estate valuation column.Personal .property should be listed as in Schedule "B",plus date of acquisition,and the name,address and relationship (if any)of co-owners to the decedent. Description of Property,Date of Acquisition,Name I unit percentage Estate DEPARTMENT VALUATION Address and Relationship of Co-Owners,and PIace Value Share Valuation CAUTION-Do not Write of Record of Instrument,where Real Estate.!In This Space. Value of Value of Entire Decedent's Property Interest None I I I Insert this total OllPosite "Jointly Owned Property",Schedule "E" in the "As Reported"column on the last page of this return.0.- .. ,, •,I'~•\ . RCC-37 (12-63) COMMONWEALTH OF PENNSYYLANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "D" BENEFICIARIES BENEFICIARIES AND ADDRESSES RELATIONSHIP SURVIVED(If step-children or DATE INTEREST OFStatefullnamesandaddresseso{all who illegitimate children DECEDENT OF BENEFICIARY ave an interest,vested,contingent or other are involved,set STATE YES IN ESTATE wise,in estate)forth this fact.)OR NO BIRTH Virginia Svitek daughter Yes ---tE~~2~~c Edward Joseph VP~----rv~c~t~cil~egacy-Andson'I:>~i 11:> TroutvITIe,J:'enna. Philip Joseph son VP~----IYY2cn-~~~i1h~gacy-And ~74 G~~ce Ave. 1111'-0--'-'> --i ( h Deponent fUrther says that all the above-named beneficiaries are living at this time except below: NAME DATE OF DEATH RESIDENCE None REPORT AND APPRAISAL ~IATTER OF THE APPRAISEMENT Commonwealth of Pennsylvania Late ofB.9J:9Qghq:t:CClJ1C>.Il$1:>I.,11;K .... (Executor-Administrator must complete "As Reported"column #1.) GJ ...,'"d ~ '"1 '"1 (l)(l)o ~..,~tI:l ::s en ~ '"'"0.....::3 ..... ...,(l)~;"'"~;;l -0~'"d "gC'"..,'"1 Cb .g ~ t11 ~~~~S- enc:: ~~>~ en en -;;0-<~'?-?-n c8 >::::::------------ -(/')-(/')-{I)-(/')-(/')-(/')j....a ".j....a ~\.1.)-;: ~i..n :0:0 ~'"o :0:0 O~..-...o :0'0 O";j- •:.:., 0 -(:):0:0 0 ~o :000 (l)....Co.---- ..W.ashington... DJ THE OF THE ESTATE OF '\:1<.\·'O~)N01~:N\\:!S'i'l{.lI Sll\f\\.:10 'H3.LS\~3·~ :Oi\illlrd V,i~'1\lI]SSlm~ .8.AMJ.oS.E:l?H, Deceased County of Will lx\idmtntStWWIK ~No.63~68.~24'b'ear ~,£Md 2i ~S iL. ~In -1 \1 \1_U'\ll.:h ~li .:n -(/')-(/')-{I)-(/')~-(/') >:r. tJrt..-...rt~....----2.::s~c... AND AGENT OF THE COMMONWEALTH Form RC.C·10 -)DEDUCTIONS ALLOWED IN THE SUM OF $~!~~.~.11 o 2 1197dRUSSELL MARINO DATE pROV 0 .....••.....~.~ W~ t3~8-?-17 STATEMENT OF DEBTS AND DEDUCTIONS ~washington COUNTY OFFICE OF THE REGISTER OF WILLS OF No.63-68-247 ESTATE OF _--=.S.::a.::m::....:::J~o:.:s:.:e:..Jp::.:h:::..-LATE OF _...;B=-o.:..r~o.:..u.lo:g:-h---.;o_f---.;C:..a_n::..;:.o.=..n....::.-s.:..b..::u:::.r~gl-..-_ DATE OF FILING APPRAISEMENT DATE OF DEATH _..:::J:..::a:.:n.:.:u::.:a::..::r:....yl...-1:::.5~,~1~9~6;.::;8=--_ DATE NO.OF VOUCH"" NAME OF PAYEE REMARKS AMOUNT 1/22/1 8 Rev.Gainer Funeral services 25 00 1/22/l 8 Daily Notes Funeral Notice ~00 1/22/1 8 Postage Thank You Cards2'?/;;(';r;70,.,Q T.T~ro,..('n IT.:I~1'"TJ:l1'"PT 'R;11 .:88 r;/.0 2 2J 6 Bell Telephone Co·~Last Phone Bill4'/'2,1'6 1 1 1L.Sol on-Funera Director Funera Exoenses 2/15/8 Tavlor Drug Store Account -Medicine 11 1h 3/14/8 A9!sse~Mor1is~n,Housekeeping,Travel,Wagesr11.--_..S ~aster J Etc.fl17 20 3/25/8 Oak Spring Road Cemetery Cemetery Lot ~~!~t.)8 Mellon National Bank-Credit Account of Decedent a/Y/n.Dr .Tohn Tn2'ram Ilast:T11np~s 1~5.16 Pi nn 2/14/2 Daily Notes Legal Notice q2 .no 1.09 87377 Re~mbursement to Greenlee, Richman.Derrico &posa For Following Expenses: 22/"/,6688 ~.Marino-Reg.of Wills Letters Tes tamentary 12.QQ I II I~UV Rod2'ers Witnesses Costs ~1111 ~/,,Q/'§§W?shington P9.~eports Advertising Estate ~~.~Q //'1IhX ~,Pl1nl;~n;nO'r.o A-~~··~-1'";~;n6'R~1'".qrp 1/....11 22/,,2/'§§~eg!~ter oflWi1ls Citation-Filing Fee "'§.~Q I ~X/nY ...tJi1'"zareL a tConstali[e-c~-••.:~p'of r.;1'":l1'"n /.11 .111 6/2/69 Jackie Hammond-Crt.Rptr.Transcript of Hearing 12.25 ,.b,2t,/:~!bq'':J ~...Mar~no-Keg.?~WLL1.S 11.::>uopoena 1~.~~ h/...~/n RC1 1.pP -r.on~1'"anlp IC~T'\ri~p of ~111..'"'"1111 7 /l(~/69 J.Hammond -Crt.Reportet Petition -Hearing 7.50~~I ~I_~~• TL/'Jv,/I V uUp.Lewe VVU.L L...'+•uu 8/1 71 R.Marino-Re2'.of Wills Petition for r.i 1'":11'";on ofn,..8.50 ~om:empl:OJ::(,;ourt8/1 /71 Nicholas Baxter-Constable :~ervice of r.iraHon 20.00--:~~:(:"';',~;.,::~!rL:~,..,:"Z~~+---+----;;R:"=e:'=g'::.'::'=:":Of:;"'::=;'W-:=;~;:';.L:.:;,:.l:..::S==----=.::..:.:.::::..::..::..::...=~Fg:~!i'-l.lr,..:~~n~g~P~e~t-;""i~t ~+-.oJ..Sni!..J.o..jf~oLLrL.......:C-;""i-:-ta-t:-~··o-m+---:;-l'J~n+-:.Q~Q"'-- x I "/,I I 1 1\1;r:h 01 :I ~n _r.on~1'":I h 1 piC'•,..a n oF (';r!OJ r;nn ...III1 8/15/3 Greenlee,Richman,Derrico IAttornev's Fees 70n no&Posa Total 3,520.29 COMMONWEALTH OF PENNSYLVANIA } Washinaton sa:COUNTY OF _-:":"'=-=:-;::~1:2~:':;:"=----r-- I,Philip Joseph HEREBY CERTIFY.THAT.TO THE BEeT OF MY KNOWLe:DGE AND BELIEF.THE FOREGOING IS A JUST AND TRUE srATEMENT OF DEBTS.FUNERAL EXPENSES AND EXPENSES OP' ADMINISTRATION SUBMITTED TO THE ESTATE OF Sam Joseph............oECEAaED.AS DEDUCTIONS FOR INHERITANCE TAX PURPOSES.I j II ....n.(.1.~/Ill\.,{1 A /\/1 A .....0 A (L.5.) SWORN AND SUBSCRIB£D IIEFORE ME THIS 7th DAY OP'-A"(;A~".IL ~v V MYRA J.FRANK Notary Public,Washington,Washington Co. My CommiSilion Expires March 12,1977 ~=rj~~w..>:'!'~.~???J;l r=~m r."'t \ (f>0 e f"T1::r:U:'·~el rn-(fl Ui...._...-.;f~T"i""--;rn F :">;J ("'~"-!AJ r-~0 ~(0 \JZ'T;:::::tC1t:::::;;:;: " 0 ~,"--r .~I ~r-,-0 I 0 _.>(j) C-.:::' ,- RCC-Bl (6-711 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS HARRISBURG 17127 NOTICE OF FILING OF APPRAISEMENT PHILIP JOSEPH (Executor or Administrator) IN YOUR REPLY PLEASE REFER TO Inheritance Tax Division J In Re:Estate of sAM__J-'-o_SE_PH _ I'JASHINGTON County -Fi Ie No._~6:.L3=-6~8£:-~24~7 _ Dear SIR: You are hereby notified that the __O_R_I_GI_N_AL _ appraisement in the estate of SAM JO$PH has been filed in the office of the Register of Wills of_---.:W~A~S~H""'I_'_'_NG~T~O~N~_ County on SEPTEMBER 21,,19-23.,Said appraisement reflects the following valuations: Real Estate 1-=--3..::..,-=--50_0__=-00 _ Personal Property _ T ransfers ----,,....--_ J0 int Iy Owned .......,.-----=~__=.,___--- Total 1_3~,_=__5_00---'.~O_O _ As to such tax that is paid within three months from date of death,a five (5%) percent discount is allowable.As to any tax that remains unpaid after nine (9)months (fifteen months when death occurred from December 22,1965 to June 16,1971,inclusive; and twelve months when death occurred prior to December 22,1965)from date of death, interest at the rate of six (6%)percent per annum is charged. Any party in interest who is aggrieved by an appraisement may appeal therefrom as provided by law. Date __SE_P_TEMB__ER_.....:..21~,~1.....:..9.:..:73=_______ BATE OF DEATH:JANUARY 15,1968 Note:This is not a bill. RCC-39 (5-68) COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SUMMARY Estate of .JOSEPH,SAM (Last Name)(First Name) DATE OF DEATH 1-15-68 (Initial) FILE NO.63-68-24.7 REPORT OF INHERITANCE TAX APPRAISER I,the undersigned duly appointed Inheritance Tax Appraiser in and for the County of__W_A_S_H_I_N_G_T_O_N _ Pennsylvania,do respectfully report that I have appraised the real and personal property as reported in the foregoing return at the values set forth opposite each item in the last column to the right~inSchedules"A","B","C",a~d "E". Dated:SEPTEMBER 21,1973 ~tu/' iNHERil"iNCETAX-APPRAtSE~ REPORT OF THE REGISTER OF WILLS I,the undersigned duly elected Register of Wills in and for WASHINGTON County,Pennsylvania,do respect- fully report that I have allowed deductions in the amounts claimed by deponent,except as to those items where a greater or lesser amount is set forth in the last column to the right in Schedule "F",which greater or lesser amount represents the sum allowed as a deduction. Dated:_ REGISTER OF WILLS VALUE AS REAPPRAISED $-------+--13.500 00 13.500 00 none 13,500.00 VALUE AS REPORTED VALUE AS APPRAISED $$ INVENTORY Real Property (Schedule A) Personal Property (Schedule B) Transfers (Schedule C) Joint-Held Property (Schedule E) TOTAL GROSS ASSETS Less Debts and Deductions (SCHEDULE F) CLEAR VALUE OF ESTATE Valuation of life estates or (*)As evidenced by Charitable Exemption Certificates issued by the Secretary of Revenue. __c $ l= $ $ C $ COMPUTATION OF TAX $--------1-- $--------+--- $-------+-- $-------+-- $--------+--- $====~ $------i $====:=::== 10% 15% * ___---JI_ TOTAL TAX BALANCE :------l~ PAID $-lL BALANCE OF INHERITANCE TAX DUE Add interest at rate of 6%from_____to _ AMOUNT OF ESTATE TAX ASSESSED $--------l Estate tax paid $..--J BALANCE DUE Add interest at rate of 6%from -----_\to----- Less tax previously paid BALANCE Less 5%of tax if paid within 3 months after death TOTAL TAX FOR USE OF REGISTER ONLY Tax on $+-_2% Tax on $(lil'k)o Tax on $---------+---5'%Tax on $+-__ Tax on $+-__ Exemptions=========F==Total Estate ---'__ FOR USE OF REGISTER ONLY ADJUSTMENTS NOTE:Where subsequent adjustments are made to the above computation of tax by the Register of Wills,for proper reason, same should be noted below,with short explanation. Will Administration (No. IN THE Year . MATTER OF THE APPRAISEMENT OF THE ESTATE OF SAM JOSEPH Deceased Late of County of CANONSBliftG . WASHINGTON " Commonwealth of Pennsylvania REPORT AND APPRAISAL .' ..Fonn R~.G~2 DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS HARRISBURG.PENNA.17 127 COMMONWEALTH OF PENNSYLVANIA RESIDENT INHERITANCE TAX APPRAISEMENT DATE ....~y~~.?:.....?!.~......~.?.72.... NT WASHINGTONcouY .. FILE NO..??:.??.:?A7._.. SAM JOSEPH CANONSBURGWhereas,late of . in the County of ~.~~.~.~.~~~.~g~Commonwealth of Pennsylvania,having died on ::j:~;;;;:~:~~~=:;~~~S~~~::~::::;~~~;;:~~~~ized and possessed of an estate Therefore.I :~¥~an appraiser duly appointed according to law. having been designated to make a fair and conscionable appraisement of the said estate and to assess and fix• the cash value of all annuities and life estates growing out of said estate.hereby file the following appraisement: In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent aftertheexpirationofanyestateforlifeorforyears,the Commonwealth hereby expressly reserves the right to appraise and assess transferinheritancetaxesatthelawfulcollateralrateonanysuchfutureinterest.I : Unit AppraisementDescriptionofAlletValuesMadeforInheritanceraxPurpoaes REA~1'X $ SEE COpy OF APPRAISEMENT 13,500 00 .. .. ..-~ r-oo. form~;:':fhbl:~~:~~w~~~~~~l~~:~.~o~e....b;~~3~~~1f§~~!dn:.l':.~_~.~t~t.-a-A.-~_;"t_;;CU _and r~t)......................................................................................................................................,Penna. (1"01\Oftleel .--- ................WA$Ifl}IQ'J:'.9N.......................County - RESIDENT INHERITANCE TAX APPRAISEM'ANT Estate of SAM JOSEPH............................................................................................... Deceased. Late!o.t CANONSBURG Date of Death,~ANJJ.ARX..J5.J +9.9.~L . Appraisement.Docket v'01.,..3.7.~. Page,.9..J::::?No ~?~??:.?.~.?.. Filed il~Register's Office,~E:lp.~:.~~.'.19?~.. Amount of tax due $J •••••••••••••••••••••••••••••••••••••••••••••••••••••••~~,••••••••• DEPARTmENT OF REVENUE Received, Examined and Approved,. Wrote abo.ut Appra.isement,.. Appeal f1'Dm Appraisement,. Entered and charged,. I' I , . -..r