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Home My WebLink AboutOC1968-0923 - ESTATE OF TALLARICO.JI -----PETITION SUR AUDIT IN THE ORPHANS'COURT OF WASHINGTON COUNTY '""Testate Form ) Estate of ,~~,~~.~'!'.~~.~~~.<;.~. Deceased No ~.?.~~.~~.~~.~A.P.. Fiduc'iary.~.~.~.~.~~~.~~.~.~~.?~:~.~..,,. Administratrix c.t.a. ~~~~~~ Decedent's death J.\1J.gl-!.l?t ~U:.,J.~f.?JL Gra~t of tertters §.~P.t.~]!l,R.~.!:?.1.1 J.~~.~- . .. This is the ~.~E.~.~~.':l:~~.~.~~.~accotJntfiled in this estate If there have been former accounts filed in this estate,I.ist f.ile number or number and term . .................................................................~~.~~p.J!.~~.~~.~~.f!:_.. Election to take Date Election Place of; ~er or Against will.(cross out one)Filed Nov.~J!l.p..~.:r....~Q.,.~Jt.9.~.Record ~J..J~...c..>.~..J,Jt.g.~....Q.c. Name of surviving spouse M.~!_J.~~~):1.!_~::r.~;I,J.~?':".~.9.'?~::. List issue,where material: Serafino Tallarico.,son . Mary (Mar.iaJ Tallar i co '"daugh t.er Antonetta Tallarico Madosky,daughter Ida Tallarico Jarvis,daughter Lena Tallarico·Hanna,daugh~er Jennie Tallarico,Mikrut,'daughter. ..) Frank (Francesco)Tallaric~,son Did decedent marry after execution of will?(indicate)Yes.I>dm.Any children born after execution of will?(indicate) ~~No.If answer ,!:es:.:nome t.hem ,;:~.:. <_._._----_.._---._------_.._-..-_..-."':_---------_.._----_-------_.--.-__-----.-__--__--,;-_---__-____-----__--_.-..-..-__--_..' Leg.atees Relationship Interest Fiduciary,if deceased or not sui jlJris Serafino Tallarico son 1/7 sui jurisMary(Maria)Tallarico daughter 1/7 sui juris Antonetta Tallarico Madosky daughter 1/7 sui jurisIdaTallaricoJarvisdaughter1/7 sui jurisLenaTallaricoHanna,daughter 1/7 sui jurisJennieTallaricoMikrutdaughter1/7 sui jurisFrank(Francesc~)Tallarico son 1/7 sui juris List,if exceptions to above:Adeemed:Revoked:Lapsed:Abated:Give Cause: I l no exceptions If partial intestacy,give facts:no partial intestacy Notice to interested parties.Have all parties,.having either vested or contingent interests and all crediors entitled to notice (Court Rule No.9 paragraph C:Section 6:Subdivision c)received written notice of the filing of the acwunt and of call of audit?Yes.~. If any exception give cause:J?:2 ~.~~~..P.:t!j..QJ.lJL . File copy of Notice ,. and date'of mailing..~.~~.~~..'~.~.?~~E.~~~.P.:t:.~.1J!9J~r !t,1.9.6.8.,,. .. Is estate subject to the filing of a Federal Estate Tax Return?!}.9..•.••••..•••••••:••..•...,.:.,,,::.:.:•..•..•••.•..:.,::.•.. Actual payment made on Pennsylvania Transfer Inheritance Tax.Amount $..J~.!.??. If the Will makes any portion of estate subject to a life-estate,give name and birth date of life tenant..: : : . no life tenant Give Names and addresses of all unpaid creditors who are legally entitled to notice,together with the amounts of such claims;state whether they are admitted to be correct;and whether the claim is denied. no unpaid creditor Give reference to s'uch parts of the will as require interpretation by the Court;a reference to all questions re- quiring adjudication,and a statement of any other facts deemed necessary for the preparation of the adjudication: Maria Mauro Tallarico claims a widow's rights arising by reason of taking against the will.Her claim is disputed by the legatees and devisees on. the ground that she had forfeited any rights which she might otherwise have had by deserting the decedent. Testimony has been taken on this subject.No decision has been made by your Honorable Courti Balance for distribution.per atcount, Itemize any additional debits not shown by account: Items omitted from account: Mellon National Bank and Trust Company,interest on savings account J.H.and Rose Thoma~,interest on judgment.(See ~ttached sheet) Total additional debits (Add) Itemize any additional credits not shown by accoun~: Angeline Sorice,Notary Public, affidavit on statement of debts and deductions (See attached sheet) Total additional credits (Subtract) Balanee for distribution $5.1.2..-83 . t~ "$9.56 .38 $}.<??.?........1 0.25 502.·58·,. $1.00 ;:.:. $2.32 ,·2.32-.....................__. 504.90$_~... If balance for distribution is not in cash,list each item held in kind,giving appraised Value (or distribytion Value); ;-. Balance due on judgment against J.H.and Rose Thomas Household furnishings and personal effects (subject to claim of Serafino Tallarico for money advanced to pay funeral bill,$1,044.00). $46.89 50.00 $96.89 mU!i4iugtnu <tTnuutYf !i!i: I,}.~.?~.P.fl:!p:~.)i~.J?~~~.~.~.~Register for the Probflte ot"Wills and granting Letters of Adn1.inistration,in and for the County of vVashington and Commonwealth of Pennsylvania: Goldie P.BellottiToC.;.t.;.B.•..;. Administratri)gf all and singular,the goods and chattels,rights and credits r~?J'naining unadministered;which were of-.f..~~.~.~~~.!.~~.~.~~.?_._ ....................................................................................._..late of the said Coun!y, deceased,with a copy of decease(~'s will annexed,GREETING: ..Frank Tallarico .H/hereas,the sazd . .. o his IOf'd his .I W OIl d T .° •ttL ·~etm~e,ma e _ast 1 an estament zn wntzr.g) ~~.. which was duly pr~ved on the..g7.~h._._day of-~~P.~-~~!?_~!'A.D.,I~J..having,whilst.~..~~. lived,and at the.time of-'9-.~.fM,ecease,divers goods and chattels,rights and credits,within the said County,by means whereof the full disposition and power of gra,nting letters of administration thereof,is manifes:I'jI .known to belong to me;Therefore desiring that the goods and chattels,rights and credits which were .()f the said deceased,and whic~remain unadmin'iste'red,may be well aHd truly administered,converted and disposed of a~cording to the tenor and effect of the said deceased's will and according to law, I do hereby h ,od'Goldie P.Bellotti -°grant unto you t e sa~__ _ _ _ _ _ _ . .......__ __--_.._--_.._-------------_-__.._-.._-__----__-_._-_-_.._-_-..__---_-----__--------_ _-_--__-_ _-___.._--_._----. ..- - - --.+.<.~--.-(in whose f£delityin this behalf I very much confide,)full power by the tenor of these presents,to administer the goods,chattels,rights and credits remaining unetdministe'red,which were'of the said deceased,.within the said County,as also to ask,collect levy,re- cover and receive the credits whatsoever of the said deceased,which at the time of.h!.~...death were owir..g, or did in any way belong to ...hi.I.!l.and to pay the ,debts in which the said deceased stood obliged,so far forth as the said goods and chattels,rights and credits will extend,according to their rate and order of la'i.v; especially of well and truly administering the goods and chattels,rights and credits remaining unad111,inistf!r- ed,which were of the said deceased,according to the tenor anieffect of said deceased's will,and accordi:1g to law;and making a true and perfect inventory and conscionable appraisenzent thereof,and exhibiting the same into the Register's Office,at Washingt;n,on·or before 'tI-/,e....?.7.~.h:...._day of--..~.~~.~.~~.~~..._... next,ensuing,and also a true and just account,calculation,and reckoning of J,'our administration,up:m your solemn Q.at.h..to render at the expiration of six months,or when legally thereunto re- quired;and I do by these presents ordain,constitute and depute you,the said _.. Goldie P.Bellotti··························c·:·:f:·s·:·;···············. administratrix of all and singular the goods and chattels,rights and credits,which remain unadminister<'d,- and which were of the said deceased,with a copy of said deceased's Will annexed,within the limits afore- said;saving harmless and forever indemnifying me and all other officers against all persons by reason oJf 'Your administration aforesaid,and saving all others their rights,&c. 31n Wt!itittutny 11I4trtnf,I have hereunto set my hand and affixed the seal of said offiC(;at Washington,the ?:.1J!.'9 day of ~.~.P.~.~~~~.~in the year of our LOTd one thousand nine hundred and ~.~.~.~y.:::~.e..~~.~.~. ~:-:.L·lJ1~i;i-;;:········ I,FRANK TALLARICO,of Canton Township,·Washfngton County, Pennsylvania,do hereby make this,my Last Will and Testament,hereby revoking in full any and all Wills ..and.·.·Co.d1·c-il·s·heretof·ore made 'by"me: FIRST:I·direct my Executor,hereinafter named,to.......-.."......,.~....'. pay my debts and funeral expenses. SECOND:In the event·that she survives me,I give, devise,and bequeath,'all of my property,real,personal,or mixed,of wha:tsoeve:r.nat~re o~.d.escription and ~eresoever situate,unto my be- loved wife;.Clara Tall.ri~o,~o be h~rs absolutely,forever. THIRD':In th~...~v.ent t~.at m~.wife ..doe s ~.~~.s!-1I.'vi.,,~.me"i I give,devise,and beq~eath all of my property,real,p~~8~n~1,.qr mixed,of.~~~t~~~v~r nature or.gescription,and wheresoever situate, unto my Children,·Serafino,Marla;Antonetta,Ida,Lena,Jennie,and Francesco (also known as Frank),in equal shares. FOURTH:I name,constitute,and appoint my son,. .Serafino Talla.rlco,to 'be Executor of this,my Last Will and Testament. IN WITNESS .W$REOF,.~,the said Frank Tallarico,have to this,my Last.W~ll·and ~estament~set my hand and seal,tqis 9th day of November,1956. Frank Tallarico Signed,sealed,'published,and declared by FRANK TALLARICO, the testator above named,as 'and for his Last Will and 'T~'s'tament,in. our presence,who,~n h~r p~~sence,~at her request,and in the pre- sence 'of each other',have ,hereunto'subscribed our names as'attesting witnesses. ~ (::, Kathrzn E.Rutan MIrtle B.Fetherlin Francis H Patrono 85 ~ose~o~d Avenue,Washington,Pennsylvania 140 Hall Avenue,Washington,Pa. R.D #2,Washington,Pennsylvania .'~\' .:. '. ';'. t-~()i ~~ .-1 ~t'P.I••()) ::0 :::e•\'<1_1 :x>~~ 0 >....~,~.~:=,~ ~ ~"")..."'-c-;::-; t'Ii = 0 ~:~..~~".,,,-,. (j)~ ~I ~....,~.~ t-3 I-:J .:';..-:.;~·,_./~.,,,,,-·1 .-J ~~ >>->- >I c;1••~, t"I I-:J '=' - 0 ~~'..c.<....~·."""., ~t'Ii i::!: •(J'-••!:~--._,.--(J?:"~ 0 ~-• ::d Z %,D ~~:~z::,~--~ H t-IJ ?>-O'u.. Q ~ n 0 0 Cl•u~~>~c~:~z ::! -< 02 j ORIGINAL WASHINGTON.PA.\/) ALL ACCOUNTS PAYABLE WEEKLY AND IN FULL BEFORE DISCHARGE " THE.WASHINGTON HOSPITAL RECEIPT j j • •No.4985 WE ACKNOWLEDGE WITH THANKS RECEIPT OF AMOUNT SHOWN ---.• DATE RECEIVED OF ~ p:.~-b /?::bLa~L&~~$:t ()..(Hi:) \A PATI T NO.ON ACCOUNT OF.4 AlC I cIT •,...CJP ./L ~ .o.!'!!'!.A!!..N~..!'~~M L JU:!!~Y_T..!'!!!!.A!!__, _ BOARD AND .G.!'!!~R!~~E..!'!~~_-I-JU.:!!~Y , _•CASH ____ CHECK NEDEI WARD SEMI·PRIVATE O~lNT I INIIPRIVATEIIPAT~PATIENT ~H_Y~I~!'!.E..!'~P.!__ ..,/l 1_~~E~~~N'p~O_M_ !~c:..T~O~~R~I.!:!~~M_ _M.!'~IE~L_S2~P_L!..E~!:A..s~!!.A]'~!!.Y _ .~N~!!!!..TlI!!SlA _ • • DRUGS TELEPHONE a TEL. • • • • • _:411I WE ACKNOWLEDGE WITH THANKS RECEIPT OF AMOUNT SHOWN ---. ALL ACCOUNTS PAYABLE WEEKLY AND IN FULL BEFORE DISCHARGE ORIGINAL THE WASHINGTON HOSPITAL WASHINGTON.PA. to RJ:;CEIPT No.31266 .D~TE '"~REC"~F //$~-~75- _1 --,,?.d --b ~wt4 ~~~~/"<.--<_'"'.,J ",,'- PA1:)ENT NO.ON A ~O NT OF .Alc I cIT "11'7t.r j;.~~l~..v·Jl/)g./~:--J4...£~...cc.!..~C- BOARD AND PRIVATE OUT I INPATIENTPATIENT.~E!,~'!..A.!;~~R'y!."~__----!.~~y-- - - - ------~~E.!'~~N_C!~~O_M_----C_ SEMI·PRIVATE .5>~~R!-!I~~~C!0_M___1!:~A.!_T!,~R~!~__~H!~I~lJl}~~.!__WARD CASH L,------------- CHECK ~~A_E~T_H}~I~____----~~E=T!~C~F!.D!.O~~!-------------------"MONEY ORDER !:.A.!'~i!.Al~i!.y_____---MEDICAL SUPPLIES -------_.THE WASHINGTON HOSPITA----------------------.-?' DRUGS TELEPHONE a TEL.Per ~C" • • • •~• • -.. • • • • .'.- -~--_._~ ALL ACCOUNTS PAYABLE WEEKLY AND IN FULL BEFORE DISCHARGE ORIGINAL WE ACKNOWLEDGE WITH THANKS RECEIPT OF AMOUNT SHOWN ~ THE WASHINGTON HOSPITAL WASHINGTON.PA. ---~--------------- RECEIPT ~T'~R'C'~OF .z-()O 1-1-(2.~~~<...:--SaO- PATIENT NO.ON ACCOUNT OF ~AI~I cIT 71;-Jt,r,...~a.&....<.,,: BOARD AND PRIVATE OUT I INPATIENTPz:=NT.G!!!"-R~!:.~"-R~!!=g__----_l£-!!~Y________----_g~£..!l.'!"-N_C!!!~O.!"_----SEMI-PRIVATE. ,o.!'g'!.A!!..N2.!l2~M____l£-!!~Y_T.!'!!!A.!'L_~,!-Y~12!'!-E~~P.r__WARD CASH ~------------ CHECK ~N.!'gl!..T.!!gSlA_____---!~c:.T!!.O;~R~I~G.!I~M_-------------------MONEYORDER !,A1l2!!AJ2!!Y_____----.!"!!!IE~L_S2~P_L!..E~------------------_.T~ASHINGTON HOSPITAL DRUGS TELEPHONE a TEL.Per a II .j •No.3 2191 • • • • ~-..... ,-.,ORIGINAL • • • • • CAS~ CHECK MONEYORDER OUT ,I PA'!~EN'PATIENT~ INGTON HOSPITAL PRIVATE SEMI-PRIVATE Per ~~~~~N_C:!~2.0_M_ _~H!~I2.!.H.!'!!~:!__L II WARD II ALL ACCOUNTS PAYABLE WEEKLY AND IN FULL BEFORE DISCHARGE WE ACKNOWLEDGE WITH THANKS RECEIPT OF AMOUNT SHOWN --.. THE WASHINGTON HOSPITAL WASHINGTON.PA. TELEPHONE a TEL !-~~y-- - - - --- _M!2.I!:~L_S.!!~P.!-'-E~ !':.E=T!~C~R..o!..O~Rl'~ _~~A_Y_T!:,~R.!-!'!._ l I I $!~.00.,em,o_,~.J-A//~~~~,;'--f on ..J ,,'~ RECEIPT No.32216 DRUGS ~!l.A.!'~T_H!~I!!._ !:.A.!'~'!.A!2.'!.Y _ ..o!~R~!I.!l~~2.0_M__ BOARD AND .C!.E~!E!.A!-~~R!!..C§__1 _ ~•.-(2~~:V ATIENT NO.o - • • • • • T •RECEIPT ORIGINAL L THE WASHINGTON HOSPITAL WASHINGTON.PA. ALL ACCOUNTS PAYABLE WEEKLY AND IN FULL BEFORE DISCHARGE • • - • • CASH ~ CHECK MONEYORDER WARD THE WASHINGTON HOSPITALJ/?.Per~~. .1'1\E II OUT I INII.IVAT PATIENT PATIENT S~I·PRIVATE L-- TELEPHONE a TEL. ELECTROCARDIOGRAM----------- NEDlCAL SUPPLl1i5----------- ~N1-~'!.T.!!~S.!A _ DRUGS !,AJl£I!.Al!!I!.Y__--- BOARD AND .G!!:!~~!:.~~.Y~~_-,-JU:!!~V L JL ~'!.E.!l2~N.!=!!!~.o.!'_ .O!~'!..Al!.N2.!l!!C2."!.__L JU:!!~Y_T.!'E,!A!!__L JL ~'!.Y~12!'!.E!,~P!..:_ No.322 ~3 WE ACKNOWLEDGE WITH THANKS RECEIPT OF AMOUNT SHOWN ~ •DATE REPW~?M.'.~./~$~.~:L--tJ.~~/}()•Jf1iCO(E O~AC~".'J'~I crr • • •,- ••••• ••••• , j , I ~ ,i • ..-.,._••t\.> •) 1\ppliratiou for Jrobate of.lIill of..f.RbNK r~.~~Rl~9.."".. ......................................................l~te Of l~~~.~9..~;!.~~:~.~?..:.;,:,Washington County, Pennsylvania deceased,and (I1)rant Df ij,rtttrs ~. REGISTER'S OFFICE } WASHINGTON COUNTY,88.: Before the Register of Wills of Washington C~unty,personall)'appeared ~~p.!.;;:~.g..~.:~~~.~Q!~J who be~ng duly sworn says that ~..~~.~~~~.~.!.,!.~E~.~~..late resident'of i "~I ,~.~.t>:.t.Q.n.';f.Qw.n§.hJp ,Washington County,Pennsylvania,a citizen of..unj,.tf!.a s.tg.:t.e.S di~d ...~~~".....".--.--~_..". testate'at :...w~sbin.gt.Qn.,P.~nn$.y,l.y.g.n.ig on the ~.l.§.t.day of..~yg.~§.~A.D.19.§.~.. at....6...:.4.5 0'clock g,m.,age .7..1.:..leaving an estate of the estimated value of $.:??..§.::..Q.Q .. personalty,'and $.:N.Qn~..~realty,said real estate being located in ~.. .....................,::•••••••••••••••••••_0'_•••••••••••••••••••••••••••__.. ......................L :.. The decedent's legatees and devisees 'are as follows: nia nia igan t a nia nia NAME RELATIONSHIP RESIDENCE 922 Harald Avenue SERAFINO TALLARICO Son Washington,Pennsylva 922 Harold Avenue MARY (MARIA)TALLARICO Daughter Washinaton'Pennsvlva ANTONF.TTA TALLARICO'MADOSKY Dauqhter 2 94~9 Tawa9 .M~A:i c::.onHe~qhts.Mich 19729 Parthenia stree IDA TALLARICO JARVIS Daughter Northridqe •.Californi 132 Weirich Avenue LENA TALLARICO HANNA Dauqhter Washington.Pennsylva 7545 Holmes JENNIE TALLARICO MIKRUT Daughter Detroit 10,Michigan "315.West Wylie Avenue FRANK (FRANCESCO)TALLARICO Son wa~hinaton Pennsvlva ( \.. .~~.."-" ".!, <~,"'-.r"·-·. Testator has married and t>:Q children have been born since the -execution-of the will·offered-for probate.,'::"'i'~'7 -----.-:--~---~.','.,.-......... Petitioner prays ,that the ~aper writing filed herewith dated N.9.Y.:~~.~E.~L ~~.?§·...Adm.C.T.A. may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters ~ XiQry thereon to _G.QJ.9..~~.;:.-.l?.~:~.§l.l~.Q.t.~J ..:'..".. whose post office address is ~..7.:~~.Q9J~.§i.j;:;.;:~V.~.t>:.~~..(w.~.~J~.9.!:9..~.,g~.~~!?y.:!.~.~.!~.. -P'.\ Sworn to and subscribed before me thiS..~~.............'..~:~:.1)~~;;~::~~:..~~..t?~./~.'..,. COMMONWEALTH OF PENNSYLVANIA,l SS. WASHINGTON COUNTY,(.. And now S~.Ll.t..l'2.7..th ,19..63 ,comes GQ~d1 l?B.el~ot;f;.1 :. ;\. who being duiy ~worn doth depose and say that..~~~will well 'and truly administer the goods and ~chattels,rights and'credits of ~~~T.~1J,.~r.1.c.p ~,,:deceased, •'\.~•I',l'H'. to the best of ........~.:...skill and judg'!Jlent in strict co~pliance with the laws of this Commonwealth,mind-'J...., '~~~_. ~ t· ,. 1.,(•I J f<f.Ji I. •",~ , I ~:().'! • ". ESTATE OF "\, """:.."".".""."."..""..""".""."."""""""""".,,.,,..,,".:".""f.~.".~~~~.~g.9."".""""""",,,,"""""."""""..".DECEASED The undersigned"".""""".S.ERAF.INQ"..T.~.l:.~I.C.Q ..""..".""~""""."""""..""".""""."."""",,and heirs of.".......F.r.ank...Taliaz:ico""".....".."..""...""".."."...""..."""..late of"..Q.~.n.t.f.Q.".'r.Qw.n§hJ.P".."."..."..".._."..""."."....."..... deceased,hereby renounces.".".b.i.s"..".".right to administer on .."."""""."".""".""b.is..".".""""""""..""..""."""".."".estate d tf 11 k th't L I f Ad .'.t'b'd ,Goldie P·.Bellottianrespecu y as s a etters)ffilmstra IOn .e Issue to"..._........._........"..·.w""".""...."..""..."....."."".,,"..... Signed in the presence of: .~.y,~_. ..........................................................................................:. ........................................................................................................'. ~2·. ~~7d~ ~ .:.. .......................__~~..~,~~. ,I ~-~.;<~--• FILE'O L:J.i SEP 27 PI1 2:4 1 i. :u J11 Z C Zo-~-oz I :I.......~. , .~--~_.-"~';' <t1ommonwralt4 of Jrnnsyluania , DlIu5l1ington (lIounty,55:· .BE IT REMEMBERED,That upon this 2.1..th day of S.e.p.t.emb.er.. 19 6~before me J.o.ae.ph1ne..M.Douglaa Register for the probate of Wills and granting Letters of Administration within and for said county,came . Kathryn E.Rutan and Francis H.Patrono ...........................................................................................................the subscribing witnesses to the foregoing attached Will'of Frank Rallarico .............................................................................................-~~-' deceased,who,after being duly.qualified according to law,depose and say:That they were present at the 'execution of said Will~saw the testaL ar.:..sign th~same-heard .H1m.publish it as and for ............~~.~.last ~Till and Testament;that they at...Rl.~request,in H1.s presence,and in the presence of each other,subscribed their names'thereto as witnesses;and at the time of the doing thereof said testat....Qr.was of sound,disposing mind,memory and understanding,to the best of the affiants: knowledge and belief. ....._~g'~..,__...........~~~.:.:;::rno=... .., .., /"/../l,! f/J/ .--/- '~l • .-r- •'."..<:->I .I,FRANK TALLARICO,of <C~nton Township,Washington County,Pennsylvania,do hereby make this,my Last Will and Testament,hereby revoking in full any and all Wills and Codicils heretofore made by me: FIRST:I direct my Executor,hereinafter named. to pay my debts and funeral expenses. SECOND:In the event that she survives me,I give,devise,and bequeath,all of my property,real,"personal," or mixed,of whatsoever nature or description and wheresoever situate,un~o my beloved wife,Clara Tallarico,to be hers abs·o:I:.utely,forever •."! THIRD:In the event that my wife do~s not survive me,I give,devise,~d bequea~h all of my property,~eal, personal,or mixed,of whatsoever nature or description,and wheresoever situate,unto my children,Serafino,Maria,.... Antonetta,Ida,Lena,Jenn~e,and Francesco (also known as Frank)~ in equal shares. FOURTH:I name,constitute,and appoint my son,Serafino Tallarico,to be Executor of this,my Last Will and Testament. IN WITNESS WHEREOF,I,the said Frank Tallarico,have to this,my Last Will and "Testament,set my hand and seal,this "1 Th day of November,1956. Signed,sealed,published,and declared by FRANK • TALLARICO,the testator above named,as and for his Last Will and Testament,in our presence,who,in her presence,at her request, and in the presence of each other,have hereunto subscribed our Inames as attesting witnesses. ~{8.~ t.1S~!A~ " F ,.4~';".f .. ? .,. .-," -I ",.'I~ J,. 4~J9t W ILL -0£- ,~v.,. FRANK 'TALLARICO W ILL ''l;'-_._--"..,. \~ :;; '"v 1'I 1I, It.-,'II"\:: "'. Arid now September 27, 1963,it being adjudged that said Will has been dUly ILproved,it is hereby admitte~ to probate and ordered to be recorded,and'Letters of Ad~r inistration c.t.a.,are i.s~~d to Goldie P.Bellotti,who filed an approved Bond and was dUly qualified;the· Execut,n:r.-n.emAo in.thA Wi 11 renounced. } !;; -, '"...' :. "", ~, .- , r~ •: " .,h Josephine M.Douglas, Register of 'Wills• McCLOSKEY,PATRONO AND McCLOSKI:Y ATTORNEYS AT LAW WASHINGTON TRUST BUILOINC WASHINGTON1PENNSYLVANIAWILLBOOK9PAGE110 '--.~ ,.~~ &tatr nf Jrnnsylnanta.t liS: Qt01U1tg nf IhmlJingtnn ( Personally before me,the undersigned authority,a .N.9...!:.~!.:.Y..__p.~.l:?)...~.9 in and for sa,id . ~~:ya:c~~d~~;t~~~~:a~:~·~·~·~·~···~;:j~~~·~h~·····~~~~~~~I;~~·~i~·~~j;.~i~e~:~t~u~ ..........._~~~'!~~~}.g9.L _deceased,that the foregoing schedules constitute a complete i~ventory and appraisement of the real and personal estate oLE.:r...e:g.k T...g..!J_.9.J.:.J:..G..Q , .'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 .j be the fa.ir value.of said items as of the date of the decedent's death,based upon a just appraisement of eacht:..C.''tem'm~de by the abo~e named Executo.r Administrator. r?-~.....Sworn and subsmbed before me thu_-'.f.Ih....__J ~ron-.~~~:~~l;~~Jl~JiRE§u:eet,~-t;~~~lI;mm_- ashlngton,'Washln~"on Coun "y,Pennsylvanl A . . .y Commisf~onl~g~ireS January ADDITIONAL INSTRUCTIONS dmlnlstratrlx c.t.a. 1.An inventory 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,including Copy of Will and :copy of Federal Estate Tax Return. REFERENCE FOR ADDITIONAL COPY Act of 1947 P.1.513 Sec.5.2,72 P.S.4844.2 .lJuurutnry aub 1\ppraisrmrut of the goods a1J,d chattels,rights and credits which were ol.:_f.RAN.K ,TAL..LAR.l.CO'.,.late of ·G..@·!:.Q·P.:·T.9.·w.P.:.e.h..i..p..-t _ Washington County,Pa.,taken and made in conformity with the above affidavit. DOLLARS CENTS Household Furnishings arid Personal Effects Judgment against J.H.Thomas and Rose Thomas,also known as Annie Thomas,entered in the office of the Prothonotary of Washington County,Pennsyl- van·ia,at No.3-45 September Term,1958,D.S.B. TOTPJ.. 5 I 00 508 00 $55 00 • .,',.....'.':.'~"..'". .",,., ~~j, (, i,,'Ij J .-rI '.• ... .",~. ~iII~......~......~~'1>~~~.....~o·~'<~\:l. ~~~,>en ~i:::tl ~~IH ~10 ~I ~~~';"10 \:l I"t::- C)'1> ~~ I '1> '.,~....., III ~"---------- •'• IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA ) IN RE:) ) ESTATE OF ) ) FRANK TALLARICO,. ) ) deceased.) OBJECTIONS TO INVENTORY AND NOW,comes MARI~MAURO TALLARICO,by her attorneys, EDWARD V.SCIAMANNA and THOMAS J.TERPUTAC,Esquires,and hereby files objections to the inventory of Goldie P.Bellotti,Adminis- tratrix C.T.A.of the will of Frank Tallarico,deceased,which said inventory was filed on November 19,1963,and avers as follows: 1.The inventory fails to set forth the real estate of which Frank Tallarico\died seised or of which he had an interest. 2.The inventory fails to set forth that Frank Tallarico,deceased,had acquired title as tenant by the entiretie with one Clara Tallarico by deed dated November 5,1956 and recorded in Deed Book 978,page 471. 3.The inventory fails to set forth that the real estate described in the deed aforesaid was located in Canton Township and North Franklin Township,Washington County,Penn- sylvania,and that after the death of the said Clara Tallarico, the decedent becaKe vested in fee simple absolute-to the same. ,....., ., '., / THOMAS J.TERPUTAC ATTO~NEYAT LAW WASHINGTON,PA. 222 WASHINGTON TRUST BUILDING TELEPHONE BALDWIN 2-6260 January 14,1964 Josephine M.Douglas,Clerk Orphans'Court o.f Washington County Washington,Pennsylvania Dear Mrs.Douglas: ·"~n··Please refer to the Estate of Frank Tallarico, deceased,whose will was ,probated with your office on September 27,1963,and appears in Will Book 97,page 110. On November 19,1963,an inventory~as filed by the estate which appears in Inventory Book 74,page 447.The inventory was for personal property in the amount of $558.00.The inventory failed to show any real estate belonging to the estate. We have filed ebje9tions because of the failure to show real estate which we claim the decedent had at the time of his death. The true value of the real estate is unknown at "":,\. the present time although there is reason ,to say that the real estate may total in excess of $30,000.00.Since your office acts as the clerk for the department of inheritance tax collections,perhaps you:may want to refer this matter to the state department as their interest may be adversely affected if the real estate is not included in the inventory return. Very truly yours, ~/)c~ Thomas J.T~putac TJTjcel '/-.i.AND NOW,thi s J~~day of :~nuary,1964,I hereby accept service \ ••o~/, of the within Objections to Inventory and acknowledge to have received a copy thereof. Attorney for Estate of Frank Tallarico, deceased ~--.-~.------..------.........~ "~~•~~~-Iii~FILED~oz 0 ~~[j l!lZ"'8 :«z8r:r:l 0 Z 0 g§P-i 0 •r:r:l ~I-~•::! H '0 po ...::J <l::J.o..<l:a.m0"'~Q)z N"~-I C"\0;>-1 tI)H -0',JAN ·"5 All H·~f-i ~~8 H as J Ii He)'I-<l:o II-Z H Q)0 \rn ~1 >fool ~~l1)p ~().8 "w CI zZO8Q)JOSEPfflNt:•.""J Z ~~~~o Iii ~U) REG1S·E;fJ.DOUG/is ~Ul ~I ~{0 ~ZP-iZ 0 Ex·-''1 'F W - ) .«to i:0:::0 r:r:l ~H .Oft/C/9 CLERkLh ~.~S~~~08 8 ~8r:r:l~~0 •~0 ~...8 ~A I ~:!I1H Ii1 l1)r:r:l I-N ;.8::q 0:::r:r:l r:QC/)0Z~ZH;5 H • ..~ •, '"1 -~IIU}".~"..-'.~•••--::-"'.~._••"_.'''._••''~''''••••''._.''.I.__~•••_.,~."""••••~.~",•••••-!"",••-"._.__._._.".""_•••--""•.•,,,.--_._,·•u __:.•~.n_•••~_~T.·••._.".;.••••_u.u •••••·._••••••••••••_-.-_,• •• Frank Tallarico died testate August 31,1t163.He had been ~married twice,his first wif~,Clara Tallarico,having died October 20,1959IIPriortoherdeath,to-wit,on November 5,1956,she and the decedent hsd entered into a written agreement wherein Clara Tallarico agre d County,Pennsylvania,as well as one parcel of land in Jefferson Township, ) No.264 of 1964,O.C. ( ) ( ) ( ) ( I .. ADJUDICATION February ~1966.Marino,P.J. Greene County,Pennsylvania,to herself and her husband as tenants by the-, entireties.Although these properties were titled in the name of the wife J th to convey all her real property,situate in Canton Township,Washington funds for p-lrchase thereof had been accumulated over a period of years fro FRANK TALLARICO, illRE: Deceased. ill THE ORPHANS'COURT OF WASHillGTON COUNTY,PENNSYLVANIA .Estate of the profits of a grocery business in which bott had worked. The agreement of November 5,1956,also provided,inter alia, that neither husband nor wife would remarry in case of the prior death of the other spouse.It provided that if either party did remarry,title to all of sai real property would thereupon "pass to and be vested in"the children of the parties,and any of said children could enforce the terms thereof by a prope action in equity if the necessity arose. I Petitioners herein are the children ~eferred to in said agreerre nt. •,.. They now pray this court to determine that title to all of said real property passed to the children and became vested in the~n immediately upon remarria e of ~heir father~to the present widow,Maria Mauro Tallarico,on November 5, 1960,in Italy. The entireties deed was immediately recorded,but the contem- poraneous agreement of November 5,1956,was not recorded during the lifetime of Frank Tallarico,decedent.Neither was any action resorted to by the children during his lifetime,after his remarriage in 1960,nor to the time of his death in 1963.Only after his death,to-wit,on August 31,1963, did one of his children see to the proper recording of the instrument,whici had been acknowledged before a proper officer on the date of execution and a copy retained by both decedent and his first wife. The petition requests that this court decree (1)that the remarriag of Frack Tallarico breached the covenant between him and his first wife that neither shall remarry after the death of the other;(2)that as a result of S9.id breach,title to all the real property described therein became vested in the petitioners by operation of an executory interest known 2-S a "s hifting use" which occurred at the moment of the remarriage;(3)that the said real property was not an asset of decedent's estate 2-t the time of his death,anc. (4)that the deed of November 5,1956,creating a tenancy by the entireties between Frank Tallarico and Clara Tallarico be set aside,revoked and discharged. The widow's answer admitted the matters which are of record, but disclaimed any knOWledge of unrecorded events and agreements which ~. preceded her marriage to Frank Tallarico.She alleges,as New Matter ,~that the ins:rument of November 5,1956,is illegal as to her;that it did not dives.. her widow's rights as she knew nothing about it,and received no constructive -2- IIfi I';, II " notice because it was secretly and purposely le::1 unrecorded;and that petitioners are estopped from asserting the invalidity of her claim. After the death of Clara Tallarico,all the children knew of their fatherrs intention to remarry.He had made a trip to Italy,and while there i his Ilold home town ll had become acquainted with the Widow,Maria Mauro.... He came back to this country and communicated with her,arranging for the marriage.He told her he owned considerable real property in this country, from which he realized a rental income of $380 per month.He was of advanced age,about 75,and she about 20 years younger.She had no reason to doubt his word.He returned to Italy after a few months,and took with him his son Frank,Jr.,who v/as also matrimonially inclined.Both father and son soon married the ladies of their choice,and arrar:.ged after about a month to come back to the United States.The decedent could not make immediate arrange-, ments for his wife to come with him as her documents were not timely cleared.He and his son came together and permitted their spouses to come later. They took up their residence in one of his houses,where they made their home.All went well for a few months.Then Maria Tallarico took sick and was hospitalized on two occasions.Her husband felt that he w r being imposed upon,and the children sided with him.It was apparent that they were soon to be separ~ted.Only a year and a half later an agreeme':lt was entered into whereby she could return to her native Italy for a time, pending further developments.Decedent paid.for her fare,and provided for her support while in Italy.It proved to be ter final trip. While in America,nobody informed Maria Tallarico that the various properties claimed to be owned by him were not in fact his.He collected rentals from all the properties and turned the funds over to his wife for safe-keeping.She returned such sums to him as were necessary fo -3- •" repairs and maintenance of the real estate.He paid all taxes,insurance premiums on fire insurance,and all other similar charges.The children testified frankly that they permitted their father to assert every evidence of • his ownership of the properties.They gave as their reason for such actions '!. their desire that they did not "want to hurt his feelings"or to "embarrass ll I ;him in his old age.No one seriously claims to have informed Maria Tallsrido that the:se properties did not belong to her husband.He asserted every indicia of ownership.In addition to the facts already mentioned,Frank Tallarico instituted legal proceedings for the recovery of rents,executed landlord's warrants,all in his own name,gave instructions and orders fo~ repairs,etc.The properties,admittedly,were assessed in his own name and tax cards were received by him at his home and in his name.On one occasion,he went with his wife to his lawyer's office with the express intenti n of conveying a property to his wife,so that she might own one property exclusively,with all the incidents of separate and exclusive ownership.He treated all the properties as his own and felt that he had the legal power to convey one or more to his wife.He was almost dumbfounded when told by counsel that the proJperty could not be conveyeci without the signatures of tis children. It is argued by petitioners that surely Maria Tallarico must have realized at that time,if not before,that her husband did not have title when he could not convey.Maria Tallarico insists that she never knew until after his death,that he did not have exclusive ownership of the properties.She states that no reaSJn was given for the requirement of the signatures of the children on the prcposed instrument of conveyance.She believed that it was some requirement of American law,and her husband did not tell her otherwi e,I simply stating that the lawyer said it could not be accomplished.Maria Tallarico conversed only with her husband on said occasion;the lawyer d·~d not speak with her;none of the children was present to interpret for her. -4- " Maria Tallarico ca·lnot read,write,speak or understand the English languagf, nor could she at that time.It is entirely understandable that the legal I conclusions of title were not adequately made known to her,and that she did nbt comprehend that her husband had no title or interest in the properties he , professed to own. Only oce leak in the dike of ownership appears and it is inconsequential.A daughter-in-law of decedent,the wife of son Frank, testified tha~she spoke with Maria Mauro before the marriage,to inform he that these properties did not really belong to the man she was about to marry That,in itself,is indication enough that Frank Tallarico had boasted owner- ship of such when he first was in Italy,and that the children,and their wives and husbands,all knew of his repeated claims to same,but no denial was forthcoming from sny of them.It is claimed mat Maria Mauro,before her marriage,answered a letter from her prospective spouse and stated that sh was not concerned about his properties;that she would marry him f'for his pension."Significantly,however,the letter could not be produced.Nor did Josephine's husband testify that he had at any time personally informed Maria Tallarico,before or after marriage,of the true facts,although he had opportunities without number to do so.Both were in Italy,in the same little community,when father and son arrived together,courted their ladie at the same time;arranged for their marriages almost simultaneously. Upon Maria1s arrival in this country,she was met at the airport;they escorted her home;they saw her almost daily,they knew her husband was collecting all the rents and turning them over to her.They not only remain silent,it would seem they almost conspired to remain silent under the circumstances,each and everyone of the seven children having followed the same course of action. -5- •'. The salient issue concerns whether the widow was divested 'of her, I rights in this real estate.The decedent died intestate as to her;his will was ...', not changed after its execution on November 9,1956,during the lifetime of i his first wife,and before his remarriage.Several matters therefore becom; I pertinent and relevant to the main issue.Was there a delivery of the unrecorded instrument of November 5,1956,as between the parties thereto and the petitioners herein?Did Maria Mauro Tallarico have constructive knowledge thereof,even.:though it was left unrecorded?Are the elements of estoppel here present as to the children in their attempt to assert the invalidity of the wdow's claim to an intestate share in this real estate? It must be conceded that the recorc.ing statutes are primarily for the protection of tte rights of persons of the ctaracter set forth therein, from the effects acd operation of unrecorded icstruments as to them.The classes so named are bona fide purchasers,mortgagees,and judgment creditors.And even as to this protected group,there are several exception and qualifications.An example of a judgment creditor who was not protectec is afforded in the case of Malamed v.Sedelsky,367 Pa.353 (1951)wherein it was held that the judgment creditor could not succeed in his execution on real estate which had been conveyed by an unrecorded deed prior to his entr~ of the judgment note against the debtor,the record owner of the property.,\' The court held that record title in the name of the debtor was not enough. After the property was conveyed (by deed properly acknOWledged and detiver bd but still unrecorded)the new owner went in~o exclusive possession of the premises.The creditor had the duty to ~~ke ~nquiry respecting the rights of the party in possession,and failing to do so,he is affected with construc- tive notice of such facts as would have come to his knowledge in the proper discharge of that duty.Hence his execution was stricken.The court discussed also the matter of estoppel but that discussio")is not pertinent to the immediate issue here involved. -6-~.. II"It must be remembered,however,that in TJIalamed,supra,there was no doubt whatever concerning acknowledgment and delivery;only the recording remainej to be accomplished.It will be seen that the fact of delivery is ~he all-important consideration 'in passing title.As stated by the court therein:IIDelivery is all that is necessary to pass title;recording is only essential to protect by constructive notice,any subsequent purchasers, mortgagees and new judgment creditors.II Respondent insists there is no delivery under the facts of this case. In Chambley et-al.v.Rumbaugh,2,33 Pa.319, 320,it is stated:I IIWhether there was a delivery in fact in any given case depends upon the intention of the grantor as shown by his words and actions and by the circum , stances sur:,ounding the transaction...II The question is to be determined by the chancellor from all the evidence adduced.The Court also said (p.32 ): liThe signing,sealing,acknOWledging and recording of a deed constitute pri a .'facie evidence of its delivery,or...give rise to a presumptio~l/6f delivery, Which,however,is merely a factual presumption and,as such,rebuttable,II' citing Dayton v.Newman,19 Pa.194,199;Critchfield v.Critchfield,24 P . 100;"Boardman v.'Dean,34 Pa.252;Bush v.Genther,174 Pa.154;Sears 1. Scranton Trus(Co.,228 Pa.126,139;Kanawell v.Miller,262 Pa.9,14; Lewis·v.Merryman)271Pa.255,258;Cragin's Estate,274Pa.1,5;; Lougliran v:Kummer,297 Pa.17~,183;Leahey v.Leahey,309 Pa.347, 353;Leiser v.Ha-"tel.,315 Pa.537:Clauer v.Clauer,22 Pa.Superior Ct 395,398. In Cr"agin rs Estate,274 Pa.1,the court stated the general ru~es surrounding delivery,and the fact that acknOWledgment bEdore a proper officer raises a rebuttable presumption,of deliverY,and added (p.5):IIBl.:.t this acknowledgment,with the physical possession of the deed in the grantee (for 23 years)does not conclusively establish an intention to deliver;;t;~::and -7 - 'I~ further (p.6):"It is essential to the delivery ttat control of the deed should pass from the grantor,accompanied by some circumstances expressing delivery. ITherearemg,ny recorded cases as to how this may be done.But among the acts which...give rise to a strong presumption of delivery...is the one '\\ \ .that arises from an acknowledgment before a proper offiGer that the instrume t was signed,sealed and delivered,with the deed in the possession of the gran e, or signing,sttestation,'acknowledgment,and recording."(emphasis ours) It is at once apparent that in order to present a case of strong presumption of delivery,either of two sets of facts may be relied upon.On the one hand,an acknowledgment before a proper officer that the instrument was Signed,sealed and delivered,and with the deed in the possession of the grantee.On the other hand,it will suffice if there be signing,attestation, acknowledgment,and recording,even without possession of the instrument by the grantee or the p'.enson to be benefited by the terms of the instrumen:. In the instant case,neither set of facts is met.As to the first,two pertinen requisites are '.lacking.The instrument was acknowledged before a proper officer (a notary public)and it was signed by both husband and wife,but nc mention was'made'of delivery in the instrument itself.It is simply noted th there were two "witnesses",with nothing more.It must be presumed that such Il witnesses"are vouching for the proper signatures appended thereto, nothing more.Secondly,the instrument in question was never in the posses'io1. of the grantees,or beneficiaries,during the lifetime of Clara Tallarico or Frank Tallarico,although it is plain from the testimony that there were opportunities for manual delivery of the instrument during the lifetime of both husband and wife.The conclusion is inescapable ttat they did not desir to part with same vlhile they still lived.It is also significant that while the unrecord,ed "agreement"of November 5,1956,was merely "witnessed"by two persons,the contemporaneous deed of Clara Tallarico was "sealed and delivered in the presence of"the witness,and was almost immediately recorded. -8- subject to these rules~and any kind of future estate can now be created,subj ect only to the rule against perpetuities.Thus, land can be granted to A to take effect at some future date (as, upon the grantor's death);and a deed can create an estate in A in fee,but if A should cease to reside on the premises,then to B In the for-mer case the future estate is called a 'springing use';i the latter it is called a 'shifting use.' IfSuch estates when created by will are called'executory devises I.If And in 1 Simes and Smith,The Law of Future Interests (2d Ed. 1956),Sec.221,as follows (in part): If.. .Eventl18.lly,the legal interests resulting from springing uses,shifting uses,and executory devises all came to be called executory interests.The term 'conditional limitationI is sometimes applied to them,and has been used practically interchangeably with the terms 'executory interest'and 'executor limitation.' If,"=,oday the executory interest is distinguished by the following characteristics:First,on the happening of a condition or event.,an estate vests in the holder of the executory interest, and it is not vested until that time.So long as it remains a futur interest it is non-vested.Second,it must vest in some person other ttan the creator of the executory interest.Third,with the exception of the executory interest after the determinable fee an the fee simple conditional,it vests in derogation of a vested freehold estate and not at the termination of a freehold estate. Fourth,on the happening of the condition or event,it may becom a present interest automatically;no entry or election being necessary.If The Statute of Uses is,of course,part of the law of Pennsylvani as a common law state.See Robert's Digest of Select British Statutes (1847 page 413;Sheridon v.Coughlin,352 Pa.226 L945). There is little doubt that the children of Clara and Frank Tallari 0, petitioners herein,became vested with a bare ~egal title to the lands describ d in the petition,by reason of the remarriage of Frank Tallarico on November 5,1960,even thou'Jh the recording of the instrlment was postponed until September 12,1963.Whether the bare legal title is subject to the rights of the widow therein is another question.Likewise,whether their title relates back to the date of the original instrument. -11- Whether the widow,Maria Tallarico,would have any rights in such property is a mixed question of law and fact.But tte hearing judge,as a chancellor,has the authority to determine both facts and the law applicabl thereto.We begin with the general proposition that a man contemplating marriage may dispose of his property,both personal ane,real,without any liability whatsoever to his intended spouse. This proposition was fully clarified in the leading case of Kirk v. Kirk,340 Pa.203 (l940).The husband,69,married the plaintiff,53, after an engagement of about 3 months.She knew he owned the real estate i question,but she d~d not know that;three days before their marriage,he hal conveyed same to his two sons by his fo~mer marriage.The lower court declared the deed invalid as to her,predicatin~'the invalidity on the estab- lishment of fraud on his intended wife.The Supreme Court reversed, ,.' holding that the principle of presumed fraud would not a?ply to antenuptial conveyances of real estate.Significantly,the Gourt adc.ed,(page 207): lfEither spouse may challenge,as fraudulent,a convey2nce of real estate or a gift of personal property,made during a treaty of marriage;but mere proof of the conveyance or gift without the knowledge of the other party,doe not constitute a prima facie case of fraudulent transfer,It ((diting Harlan'v. Maglaughlin,90 Pa.293).The court ordered a new trial as there was evidence that the sons for many years contributed funds to their parents which went toward the maintenance of the house which was conveyed to them. The court suggested that the full facts be developed,ar:.d said,(page 208): lfFor example,can it be shown that Mr.Kirk made any representations toJ ·the plaintiff of his existing property,what the representation was,and whet r it was relied on?Did he,in making the conveyance,htend to satisfy an existing obligation to the children....or did he make the conveyance,not t satisfy a bona fide obligation,but with the intention of depriving her of right -12- ,. which,expressly or by implication,he induced her to believe she would receive by marrying him?"A new trial was granted so that.all these matters might be inquired into. The Kirk case is not in point,it must be ,~onceded,as the marriage there had already been planned by tte parties and conveyance madE during that period.In the case at bar the transfer of the real estate was to be effective upon remarriage of either spouse)after the death of the other. But there are many similarities between the facts of the two cases,and it is properlo draw certain analogies.Although the agreement of the spouses was effected on November 5,1956,the first spouse did not die until almost three years later (October 20,1959).The other spouse could not remarry until sometime thereafter.He actually remarried ir:.about a year (Novembe 5,1960).It is obvious that while he was courting Maria Mauro in Italy during the early part of 1960,he knew definitely that immediately upon his remarriage he would lose all control and ownership of his entire holdings in real estate in this country if the provisions of the 1956 writing were truly effective.Yet he informed his intended wife that he owned and possessed, outright,ten houses with a monthly rental income of $380,with the inescap- able inference that such status would continue after that marriage.Did she rely on said representations?We have a poor,illiterate widow of about 56, marrying a man of about 75,with seven adult children.To ask the question is tantamount to answering it.Was she deprived of rights which,either expressly or by implication,he induced her to believe she would receive by marrying him?Most assuredly she was. Petit~oners nevertheless assert that any representations made by their father are his alone,and only he can be held responsible for them.Sue h is a comrr:.onplace,and can hardly be disputed.But we are rightly concernee '.~.~ with the activities of the children during the pre-ma:-riage period ~d there- after when she came to America to live with ner neWly acquired husband in a -13- ,.' strange city,with most of the children living nearby.This leads directly to a consideration of the question of estoppel as against the children. Are the petitioners estopped from asserting the invalidity of the widow's claim to an interest in the real estate in question?They answer in the negative,relying on the assertion that there is no evidence of conduct by them,or reliance thereon,from which an estoppel could be raised;that there is no evidence that Maria Tallarico changed position in reliance·on any misrepresentation of theirs or other act or omission attributable to them. If the facts support these contentions,admittedly ther e can be no estoppel. Some of the facts are not in dispute. Frank Tallarico,recently a widower,and his son,Frank Tallarico,Jr.,unmarried,journeyed to Italy early in 1960.They went immediately to tte small village from whence the elder Tallarico had emigrated to America.Soon they both became acquainted with the ladies they later married.Frank Tallarico came back to the United States,and communicated with Maria Mauro.His son,Serafino admits that his father wrote to her,asking to marry her.*He returned to Italy early in Octo'oer, 1960,and married on November 5,1960.His son married the previous day Early in December both men returned without their wives,as their imrr~igra tion papers were not cleared.Both wives returned together in May,1961, and made their homes with their husbands,each sharing an apartment LJ.a home in VJashington,Pennsylvania. All went well for four or five months.Then Maria became ill requiring hospitalization and gall-bladder surgery.Things were never the• same thereafter. *Page 53,of record of second hearing;hereinafter citations of the record will be to the first or subsequent hearings,by use of numeral 1,2,3 or 4 followed by hyphen and page number;thus the foregoing citation mua be 2-53. -14- ·_I Josephine,the wife of Frank Tallarico,Jr.,lived in the upstairs apartment,to which she had access through Maria's apartment.It was not long before they became bitter toward each other.While their conversations j with others were very restricted because of the language barrier,with each other they conversed in their native Italian,a great advantage,and likewise disadvantage.They soon became disenchanted with one another,and bitter quarreling followed.It then encompassed husband Frank,Sr.,and his wife Maria.Bickering over trifles piled up and seemed to them mountainous disagreements.Er.e long,the parting was at hand.His daughter,Lena Hanna,in answer to a question concerning arrangements to go back to Italy,I testified (2-36):ll;)ust like I said,that las:arQ"ument ste said he was makind a nervous wreck out of her,and she was makicg one out of him and they couldn't live together apymore.And I know as a fact L'lY father said he was going to leave,and if she didn't leave he was going to leave.II Mr.Tallarico talked with the doctor who had been treating his . wife for a duodenal ulcer;he reported to her that the doctor recommended a II trip to Italy,where the change in climate,the air,and her native food mightj benefit her.The doctor testified that he never made acy such recommendat~n. An agreement was prepared by Mr.Tallarico's counse~;it was explained to I I l\/Iaria in Italian by her husband and others who understood the language,andl I I Maria was forthwith on her journey to Savelli,Italy.She was c..ccompanied ! to New York by her husband;there she got he:-plane to Rome,November 4,1. I 1962.The written agreement is in evidence.*It was dated October 26,1962. *"It provides,substantially,in relevance here pertinent,that the agreement was entered into so that the wife might return to Italy for an indefinite period,for reasons of health;that the husband would pay $30.per month i to her during said indefinite period ~or her maintenance and support;that; the husband would pay $370.34 to the Travel Agency,to be held in escrowl and applied toward the purchase of a passage from Italy'to the United States upon her decision to return,but if she definitely decided not to return,the fund would be repaid to the husband. -15- In Italy she continued to receive medical treatment,including a ! stay of two or three weeks in Rome,and consultation with doctors there.3eri husband wrote her about twice a month and she answered his letters.He wanted her to retu~n;however,his sonSercafttro cautioned her against this step,and further testified that he informed her in his letter (written by the translator,in Pittsburgh)that the properties in question did not really beton to his father,and if she returned it might prove to be very difficult for her. Nevertheless,she 'determined to Gome back.She wrote to the Agency where the escrow fund had been deposited for her return,and asked that they forward her ticket.They acknowledged that they held this fund 'Jut that the price of the ticket had increased.She received their letter and agai wrote to them in Pittsburgh.They got this letter about the end of July,196~;' answered it August 14,stating they would keep in touch with her. Maria despaired of waiting for their ticket and prepared to psy for the trip from her own funds.She secured passage from Rome and arriv in New York early in September.She called Serafino and another child f~o Pittsburgh,but they refused to aid her.It was then that she contacted by telephone her cousins in Washington and learned,for the first time,that her husband had died while she was enroute from Italy.Ste visited the office of the Italian Consul in Pittsburgh the next day (haVing arrived on a Sunday)anc ~hat office had knOWledge of Mr.Tallarico Is death.The evidence does n:Jt disclose how they learned of this event so soon after h:'s decease.She ende. her journey in Washington,but none was willing to re,~eive her or aid her. They would not permit her to occupy her husband's apartment,or to disturb any of his belongings,personal effects,or the housetold furniture and equipment.She was completely destitute. With :he full approval and consent of the children,Frank Tallarico had thr-Jughout the entire period of his second marriage,contLme -16- to exercise comflete dominion over all parcels of his real estate,and acted in every manner as the sole and absolute owner thereof.He continued to reside in the family home and paid no rental ~o anyo·1e;he collected rents from the tenants of all parcels of real estate;he attended to the renting of all houses;he maintained legal actions for rent against those not in current payment;he made all necessary repairs;he paid all taxes and assessments he maintained fire and related insurance on all buildings and saw to the pay- ment of insurance premiums.By stipulation in the testimony,it was agreed that the local real estate assessments on all properties remained in his name;th2..t tax s:atements were rendered to him alone.Each and every of the petitioners knew all these fads,although some were living in other area . Respondent invokes the doctrine of equitable estoppel to urge tha petitioners are estopped from asserting the invalidity of her claim to a spouse's share in the real estate Of·decedent who denied her any share in his estate,the widow consequently having taken against the will.We may obser e, incidentally,that the action in taking against the will was purely a precautior:.ary measure,since testator's will was revoked pro "tanto by his subsequent marr~age and there results an actual intestacy as to her:Wills Act of 1947,Sec.7 (3);see Shestack's·Estate,267 Pa.115 (l920). Equitable estoppel is the doctrine by whi::;h a person is prevented from chan,jing his 'position to the detriment of another party:Sunseri v. Sunseri,358 Pa.1 (1947).The doctrine is founded on considerations of sound public policy,and is applied to promote justice and fair dealing.Hen ,e, it has been frequently stated that when by acts or representations,or by silence when one should speak,one intentionally or through negligence, induces another to act and alter his previous position,the person so inducin another to so act,is estopped from denying his representations or repudiati c his conduct or statements:Northwestern Nan.Bk.IT.Com.,345 Pa.192 -17 - of a fraud,or·in :he alternative,of such gross negligence in ascertaining create an estoppel,the party acting mus t have information of the true state is concluded from averring against the latter a different state of things as •~-------- "I The general rule of law applicable in such matters is that,to the truth as would amount to constructive fraud.Bittner v.Quemahoning of affairs,so that to deny what he previously asserted would render him guil y existing at the same time.II him to aCt on that belief,so as to alter his own previous position,the forme another to believe in the existence of a certain state of things,and induces rule of law is clear that where one by his words or conduct wilfully causes ~'. 35 Pa.523,the court quoted with approval from an old English case:liThe (1942).The law will not permit one to gainsay to the prejudice of another detriment:Ervin v.Pittsburgh,339 Pa.241,250 (1940).In Water IS A ea , some act or statement of his,in reliance on which another has acted to his Coal Co.,271 Pa.579 (1922). Estoppel can be claimed only by one who has acted in ignorance of the true state of facts,and without suitable means of informing himself of the true facts,and thus was misled to his loss by the conduct of the other party or parties.Eaby's Estate,315 Pa.161 (1934). Do the facts of the subject case meet this test?Of course the recording of the i.V~iting of November 5,1956,would have constituted "notic to the worldll •However,the children felt that this "might hurt his feelings" referring to their father,so they left the inst~ument unrecorded,and permitted their father to continue in uninterrupted ownership,collecting all rentals and generally exercising complete dominion over the real estate. They were bound to know that this would affect the course of action to be followed by the w~fe.With full knowledge of the effect that this would have, they saw no reason to act otherwise.Serafino Tallarico,the eldest son, testified (4-14): -18- I'I .,-_.. .Q "Did you record either of these agreements during the time when your father and his second wife were residing together? A IINo , I did not.I didn't see any reason for doing so.I tiought the agreement was binding enough.It spoke for i:self.I couldn't see any reason for having it recorded." And :urther,answered an inqui~y of the court concerning the matter of possible recording of said instrument,as follows (4-21):"Well, as I started to say before,when we found out that father and his wife weren't 'Jetting along too well,my sister and her husband discussed it one time,theJ felt and they wanted me to consult the other children,to find out what they ::hought about my taking over the handling of the property which would involvE of ·course the-recording of the deed.But after discussing it w~decided no, we'd let my father try to handle his problem in his own way and not interferE.II (emphasis supplied). Another equally well established principle of law in the general. subject of estoppel,is that where the true owner of property clothes ancther with apparent title or authority over it,and a third person in good faith ~eliEs on such ostensible ownership,the true owner is then estopped to assert title or power over the property:Appeal of Wood,92 Pa.379 (1880). In Logan v.Gardner,136 Pa.588 (1890),it is stated:tIThe doctrine of estoppel in pais has been very rruch extended in modern times, particularly in Pennsylvania,where equitable principles are applied in 2.Cti013 at law.(citing cases)These decisions rest on the ground that the circum- stances were such as to raise a duty to speak,and that failure to do so i3 either a fraud or would work such an injury as would be equivalent to a fraud,if the party should not be estopped.11 -19- .. In Marshal,Appellant,v.Foltz',221 P8..570,574 (1908), we find the following:ItWhen the acts relied on are positive in their charactE-:: or the silence so suggestive in its nature that,coupled with the fact of knOWledge within the mind of him who,in honesty and fair dealing,ought to speak out,it becomes a fraud on the part of him who could speak,then it is sufficient to estop such person thereafter from making claim to the subject matter regarding which such acts were performed or the silence maintained.'0 10 R.C.L.,Sec.21,p.693,holds:"Silence,when there is a duty to speak,iE deemed equivalent to concealment.., "An estoppel arises 'where a man is concluded and forbidden by law to speak against his own act or deed;yea,even bough it is to say the truth'1I.Kew ter's'ey Suburban Water Co.v.Town oi Harrison,3 A.2d 623 626. Petitioners contend no act or omission attributable to them can be demonstrated to have caused Maria Tallarico to have changed her position, or to have incurred injury..she married before any of them,other than Frank,Jr.,was known to her.Immediately u.pon marriage,legal title vested in the children;thus her knOWledge or ignorance of the state of title could have no effect on the true state of facts.This over -simplification of the problem tends to circumvent some realistic facts.Not only Frank,Jr., but all the children knew that their father had arranged to marry Maria.T'h y knew this before he made his second trip to Italy in the fall of 1960,yet not a soul breathed a word of the executed agreement to Maria.After she married and came to the United States,all had the opfortunity,time and again,of divulging the true facts to her.They not only remained silent; they discussed the matter and it would almost appear they deliberatelv aaree~ to remain silent,and leave llthe deedtl unrecorc.ed.They deliberately agree I to permit their father to exercise sole and complete dominion over all the real estate until the time of his death. -20- ".' Paragraph 5 of the Agreement of November 5,1956,as petitioners well knew,provided,in part:fl ...this Agreement may be enforced by any child...by filing a Petition in the Court of Equity... praying the revocation and setting aside of the deed or deeds above recited to the extent that they are inconsistent with the purposes of this Agreement.fI The deeds referred to are those conveying an estate by entireties in the parcels of real estate here involved.No complaint was made;no action of any kind was instituted by any of the petitioners. This COt;.rt believes it was their duty to speak out and to act: Failing their duty ueder the circumstances here present,smacks of conceal ment and fraud.But petitioners urge that this widow has suffered no injury; she was already ma~ried.Not so.Even though married,she incurred grea injury.She felt secure in her property and possessions when she was in fac insecure;she imagined (with just cause)that she was building with her husband an extensive estate for her own material proteCtion as well as his. He brought the rentals to her;she helped him expend them for repairs, maintenance;taxes..insurance or whatever expenses seemed proper.Yet on ~1is death,she found herself destitute.Can it truly be said that she lost nothing?Petitioners cite the fact that the writing of November 5,1956, was executec.long before the marriage and consequently the widow can cia" no chan':;re of position in reliance on statements,or acts,or omissions attributable to them.This would indeed be true if the instrument were recorded,as recorjing would be flnotice to the worldfl . 1JIore ttan a century ago,it Was held in Salter v.Reed,15 Pa. 260,263 (l851):liThe principle runs through the whole system of our reccr ing acts,that the object is to give public notice in whom ,the title resides;so the.. no one :nay be defrauded by deceptious appearance of title.He that won1t speak when justice and the law require him to speak,must thereafter be o -21- I. '.• silent when prompted by his own interest merely.The recording laws,lik::; all other public laws,are intended for the benefit and security of the people generaLy.II But the instrument remained unrecorded,and as we have seen, it could easily be inferred that the omission was deliberate.Maria remairled ignorant of the true facts,and she had no opportunity,no matter how diligent~y she searched the records,of discovering the matters known only to petitioners and their father. Did she change her position?What could she have done or accomplished had she known\the true situation from the beginning?The answer is again obvious.She could not have brought about a change in the instrument.She did not have grounds for divorce,even if the thought had entered her mind.But surely,she could have concentrated on the positive aspects of her marriage,and endeavored to advance her own interests and those of her husband,rather than build up the properties of these adult children,all of whom had families of their own.She could have interested her husband in buiking an estate based on insurance,or some other persoDc asset,or any other of a hundred various ways of providing for the future. But instead,she was deceived into furthering the interests of others to her own detriment.This we will not judicially apprDve or encourage. As we view the situation,every day that the marriage status continued constitutej a new undertaking,a new contract,so to speak,betw9E n husband and wife.We believe that we must look to the realities of the situation presented 'Jy this state of facts.The quasi-fiduciary responsibili:y resting upon the husband should not be made to depend uron finespun factual maneuvering and technical niceties of timing;whether ti:le was divested at the instant of remarriage is little consolation to a destitute Widow;we must -22- ,, •.' look at the whole piGture;we cannot pick this solitary item out of context and attach overbearing significance to it. It is questionable whether the writing of November 5,1956, was in a true sense,made.in good faith,or rather was colorable and illusory. The transfer,if intended only as a mask for the effective retention by the father of cor.trol over the property which in form he had conveyed to the children,is certainly illusory to the extent that it encroaches upon the widov,,:'s share in his true estate.In the egalitarian 20th Century,husband and wife have equal rights in the marriage relation,and this enlightened premise will not be permitted to be destroyed'by half-tr'lths and ,:;hicanery.The long existing public poliGy of this Commonwealth has been to protect the rights of widows against encroachment either by children or next of kin.Any doubt as to the effectiveness of any instrument which tends to exclude the wtdow from proper participation in the husband's pror::erty,should be resolved ir:.j favor of,the widow.See Pengelly Estate,374 Pa.358,369 (1953). In accord with the reasons hereinbefore stated,this court holds that the petitioners are estopped from asserting the invalidity of the claim of Maria Tallarico to her widow1s share in the real estate described in their petition.The prayers of the petition are therefore refused. ';. -'. -23-,~,," ,~ (•I••I 1I, :"... '0' In the Orphans'Court of Washington County,Pennsylvania No.264 of 1964,0.C. " 't ., In Re: Estate of FRANK TALLARICO, D=fied o -&#~0~ •~,;"11 /-{;\(1 /~~t l$'--dLu9i-c._~(~d-/7,.;',:'.:> /)PAD1-UDICA TioN I ,; / '. i' 'Il} (Marino,P.J.) I ·i~· ~,~,,2 ..,.l.'i • 1~,.~.......-.."'>C'- .:~ ~ , !t" ·-.~-..-.~·.r":·...,.01 .:i'.~ " .~I m ,L •~............'_ ~ ~I--..s, ~~.l!J.~ ORPHANS'COURT WASHINGTON,PA. J------' ~_1 )'- ....~•-; IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN RE: Estate of FRANK TALLARICO,deceased. ····••···~ NO.264 of 1964,o.C. EXCEPTION TO ADJUDICATION _SERAFINO TALLARICO,MARIA TALLARICO,also known as MARY TALLARICO I ,-( AND NOW,this 11th day of February.1966,come ANTONETTA TALLARICO ~DOSKY,.<IDA TALLARICO JARVIS,LENA TALLARICO HANNA,JENNIE TALLARICO MIKRUT,and F~K TALLARICO,also known as FRANCESCO TALLARICO,by their attorneys,PATRONO AND EDWARDS, ESQS.,and except to and file this exception to the Adjudication of the Orphans'Court of Washington County,Pennsylvania dated February 3,1966,in which the Court refused the prayers of the exceptants'petition to find that certain real estate was not an asset of the deceased's estate and do specifically except to the -refusal of the said prayers of the said petition. The reasons on which this exception is based are: 1.The Honorable Court erroneously stated and applied the pertinent law of Pennsylvania. 2.The testimony discloses no facts which warrant a finding of estoppel barring the exceptants· II ..I •',, " , from the relief requested in their petitiono PATRONO AND EDWARDS BY._ta»-~;l~ Attorney for Exceptants Counsel for the exceptants does hereby cer~ify that the'foregoing exceptions are not intended for delay. PATRONO AND EDWARDS BY.__-J.t_,L_·GlZ_·..;..&A--_''QA.A_'".-..:..~..:.'_~..:...;.~;;;;;;,~..;;;...:;;;.~.=.._ Attorney for Exceptants AND NOW,this 9 day~\of,~"i'ebruary,1966,I hereby accept service of the within Excepti~t~Adjudication and acknowledge to have received a copy thereof. ";F/1iqk~,"--'----'-:----"-----"""~"--'----"--"-'-"'"_.'_".--_..""..~_._.~_.~.-------..•<--~,._-~-_••-.••_..,,--~.-"'••--~.<''''._,.- .::.:.\~~.;'~.f . '".~•fj~••8rL1CJ '0g;~•OJ (/)o ...0 ~lIS~~.;OJZu~OJ CIlt:l\O QzoO'r:r..:aCJ~... fj 0~Z4-1 CJ ~0 0 H 08 rLI'~(!)""E-t~Z\O to ~HN rLI .&4 8 tIl ~CIl ESCIl•rLIz~o ZHZH .'.'j'. I ~ ",I WASHINGTON,PENNSYLVANIA :r'tnSlJ(J)<:t1 (J)<:.... t1 0(J)(J)):Io'!Z: (J)0 t1....t-ta ~rt~o..:r'~(J)... SlJ ~rto....::r'o rt ....'t:l :r'tn'<....::s S:t:tJ~~I~ (J)(J) O't:lt-tarto.. •....S1Ig'< ortHlotzj ):I(J) 0..0'U·11&~...·110'<S1I ... rt"".....o \0::s 0'0'SlJ ...::so..H SlJ :r'o (J) X'11::s (J) 00',:,:'<.... (J)SlJ0..0IQ0 (J)(J) 't:l grt C~/ ..r--""<'~ >- <""" """"~~, "tI(J) re:Ir ~~~ 'g (J)tn(J)::s~rt....<:(J) "-" ",~ .! . I,>~;-- ~.~ U""',; o ~ r;"'~l t-,:~ ~,J ~.-'~JOT)U .'!' t.,. "1 c_ c> EXCEPTION TO ADJUDICATION TALLARICO,Deceased. ESTATE OF FRANK IN THE ORPHANS I COURT OF WASHINGTON 'COUNTY,'PENNA.' NO.264 of 1964,O.C. / /i -!07'~. ). PATRONO AND EDWARDS ATTORNEYS AT LAW TRON WARD BUILDING 80 EAST CHESTNUT STREET IN RE: ~1~-- "":\"~L ~..'_~ '-.Q.c'...,;,~ '9""C'~t~~:~~;:i"-,,,)-:;.--",..u',;:';..........0\1 ~-;("., .~, ~~ "o<~~ '.' \ " • • It) ~ r; • • / ••I •I J llJ THE ORPHANS'COURT OF WASHllJGTOK COUNTY,PENNSYLVANIA,. llJRE: Estate of FRANK TALLARICO, Deceased. ( ) ( ) ( ) ( No.264 of 1964,o.C. OPINION SUR EXCEPTIONS Marino,P.J.,May~,1966. Exce:;:>tions on behalf of petitioners (adult children of decedent) to the Adjudication of February 3,1966,are to the effect that the court erred in the application of the pertinent law of Pennsylvania to the case at bar.Further,that the testimony as a whole does not support the court's conclusion that petitioners are estopped from asserting the invalidity of the widow's clair-'].to her widow's share in the real estate described in the petition. These exceptions present no new issues.The matters have been fully discussed in the court's adjudication;it would be unnecessary repetition to examine them again.We feel that there is no real dispute as to the law of estoppel.It is the application of the principles that are disputed.The crux of the disagreement on the application of the princir::les of estoppel lies in the question of "change of position"of the widow.The hearing judge felt that petitioners had a duty to act in the circumstances, Maria Ma"t1ro,acd that certain representations had been made by him,but •1':;'",.'\•I . • ! ! they did nothing to correct the situation.After the marriage,petitioners permitted their father to exercise complete control and dominion over the real estate,again inducing the widow to change her position almost daily) to her detriment.The hearing judge likewise felt that in such situation petitioners had a duty to act,and that their unanimous agreement to rem:3.in silent caused a detrimental result to this widow.: As has been stated,no new issues are presented by the exceptior!s. All phases of the c~se have been adequately considered by the hearing jUdge.1 The exceptions must be dismissed.The Adjudication is confirmed I absolutely. Exceptions herein are severally noted to each of the petitioners.I, -2- 'I c" !I ., .,. In the Orphans I Court of Washington County,Pennsylvania No.264 of 1964.,O.C. In Re: Estate of FRANK TALLARICO, Deceased. IJZ-~i(_~'C"'-- '"~x)(c OPINION SUR EXCEPTIONS,~ v",.:'0\"(Marino,P.J.) , r,~ ~ ~DRPHANR'r:nlTPT WASHINGTON.PA. I I G~l..-" • L ~=" • ,;"M~--,;~v'l'~~I phV JJ (.;p.rJ 1'-\4 ' t,1 \:'J,£I f,J,1')(',f'.....(~I I',__\(v J ,J .'.'Itr.j L"~ ........ ~._'" ~ ." -}-----','- The Supreme Court of Pennsylvania,~ss: Western District The Commonwealth of Pennsylvania TO THE JUDGES oj the ORPHANS I COURT jor the County oj WASHINGTON ~' ') \ .' '"'\, ;'I "'v -,t~y .~"v "'\ ,' '-, . '" GREETING:We being willing for certain causes to be certified of the matter of the appeal of SERAFINO TALLARICO,lVIARIATALLARICO,also 'known as lVIARY TALLARICO,LENA TALLARICO HANNA.;anci'FRANK TALLARICO, also known as FRANCESCO TALLARICO,, from the Judgment of May 3,1966 of your said Court at No.264 of 1964,o.C.;IN HE: ESTATE OF FRANK TALLARICO,DECEASED, 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 19 66 ,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 JOHN C.BELL,JR.,Doctor of Laws,Chief Justice of our said Supreme Court,the 29th day of June _.rthe Year of our Lord one thousand nine hundred and si~ty-six..~..~[J.~ Deputy PROTHONOTARY . --¥ f I '.~ ,,- "-.' /'~L_ ~.'."\....«.' / F-q March Term,19 66 •0 ~.", " ,.....~.:", i,rcolAttC?rneys for Appellan.t 't I ~uprtmt Qtourt WESTERN DISTRICT I'lL -~/;b, ESTATE OF FRANK TALLARICO, DECEASED APPEAL OF SERAFINO ,TALLARICO, ETAL.0 Francis H.Patrono,Esq. -~----------~----------No.264 o:f 1964 O.C'.lnCourt Bel~~ 0' No.230 •FILED ~'SEP 27 1966 t ~UPREMh COURT~~TW .DD'DUCl' '"'-.\~ t-.. i,'{' I,.".----cO t o (/),)""CERTIORARI to the ....,:~•.-;-•i ..,. I;•Orphans'Courot:,h >',.: ;.for the CO~:~~~Of ~~sp.~ngt~n 9\~,'.~o·~eturnable.the:""la~t Monday ,~septemb.~r -,_A.D.19 66 (J~•~.j ~. ~t..:'....-.. ~/'. 't:l~ClI t:l ;:3 ~ .~ ui ~ .~" ui Ol t:l ~u.~l::ClI.....I- ~0> ;:n ClI t:l"..t:: .~ .....~~j t:l ~._j~i~ ... ClI ;:n I- 0>0 ~..... ~ClI ClI ..0 0..~.....0 ClI ..t:: .!:O .......... t;~~ClI ClI;:3 't:l~ ~t:l 0 l:: .....~'..... l:: ;:!'+-. 0CJ 0 ~0> <;;,: ClI ClI" _. ..t::l::.....~'-.-,1 .....t:l 0 0> .....~ I-..... ;:l0 Ol CJ ~.... ClI ..t:: l:: 0 'd;:l ClI 0 ClI I- .....'t:l g-O>~ Ol t:l tI:l ~l::....l:: ClI ..t:: ..t::.....0 ..........0 ......t;ClI 0 I- 0> 't:l t:l ClI ~ClI 0 .;..;t:l....;:3.....0 '"0>.... ~.t 0>~ClI ~0>0 ClI i:S o·..... l-.... ..t::~;:3 .....f~ 't:l 0> ClI ~t:l ..0 .....t:l0>'d't:l ClI 't:lI-~~ 0 I-ClI ~0 0> 0 ClI 0 ::r:..t::ClI 't:l. .....I-~ ClI l-N t:l ..t::0 ~;:n..........h ~ 0 ..... Eo-< I-C>l0 ---'"" ~~"~,,,~'.,.,.'~":'J;;""':-----"~.--. " "# /' ....r -,----•• ,,~ NOTE.-Rule ~~quil'es.appellant,bnmediate:ly upon entering his appeal,to serve notice thet'oof on the opposite plt.n)'or his eoullsel nod to .file promptly ill the Court below proof of the service of such notice. IN RE: ESTATE OF FRANK TALLARICO, Deceased. To Appellee or his Counsel: No.264 of ~19~4,O.C. (Number in court below) You are hereby notified that on J_u_n_e__2~9~,__1~9_6_6 ~_ an appeal.was taken to the Supreme Court of Pennsylvania in the above ,en- titled..case at No.230 March Term,1966,by SERAFINO TALLARICO,MARIA TALLARICO,also knO\\7Il as MARY TALLARICO,LENA TALLARICO HANNA,and FRANK TALLARICO,.also kno'J1n as FRANCESCO and that this appeal will be on th~TALLARICO,. list for the Week of September 26,.'1966 at Pittsburgh,Pa. PATRONO AND EDWARDS ,~y.to ...i.~;J ~~.~--'--- Attorneys for Appellant. J~uu1~y~5~,~~~_1966,Service of the foregoing notice is hereby accepted. ~..l· .FILE IN COURT BELOW .j'" .'l r .. No.264 of 1964,o.C. ~..(Number in..~court belowJ.__ .j ,ii"..I."\";....i?:.:~~:.':. IN:J REi":i'· DECEASED."..... ~~.~ ~J,~ {~:~ ~l' ~: ..fJ:;/' ,. ',.::. "t~ i, ;.:: ~STATE'OF +FRANK TALLARICO,~! ~::~ 1;,'. f." ;.:..f;',i"!:-~ :',:!:.~~. i· ,'/ ....; ".~ {'f .:ot:. 'I;.:~; .~. 'j.; ·'{i..: \ :~:.~.,. ~~:..-~. '.. ~i?::~. :~~C ~I ;. "'.'..... ;..;': ~: j •e ';;~; ":: .~;:. t.,. " (!~ "j., ... .:': (..-. Notice of Appeal and '~ccepta~ce of Service.." e' .' ;"', .~:.' .<. :: ;Y _...; ~{ ~'1 ';' !.~ ,,'~;. •~>I:,:. >-(~'::):"...;.c-(fJ'~1.a ~...>?i,2?UI C- '·,.lM c::~'.,,,~,,"-n r-,,."';~?i?__ c:-:.........,n p--'.,·'J"rfrrJ ,v;BO:;D..,,-,~'"..,.,. ;-.",..", • !!'.:'"'..-.:g ::a.:.~ '...::\j ""'4 c:'--''. :..~~~~A •(,I).» ("")".,0 Q:I.. .'""~ ;;", :':'.f ~':;~".J ~....." //,/:,,-0r~ ), ~': ." .;:. .... s~·. r' " ,•~l ·4 Ji IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA .......- IN RE: Estate of FRANK TALLARICO, Deceased... 264 of 1964 O.C .. NO.it~il*~~ill7t')l-~~;' STATEMENT OF QUESTIONS RAISED ON APPEAL The following statement of the questions raised on the appeal of this case is filed in conformity with the provisions of Rule 52 of the Rules of the Supreme Court of Pennsylvania: 1.Was the real estroe described in the Petitio~ part of th~Estate of Frank Tall~ricoJ deceased? 2.Was there a delivery of the instrument on which the children of Frank Tallarico base their claim? 3.Is the claim of the children of Frank Tallarico barred by the operations of the recording statutes? 4.Are the children of Frank Tallarico estopped from presenting their claim? Attorney for Appellants • t STATEMENT OF EVIDENCE WHICH WILL NOT BE PRINTED TO:Goldie p.Bellotti,Administratirx C.T.A.of the Estate of Frank Bellotti c/o Robert L.Ceisler,Esq. 23 East Beau Street Washington,Pennsylvania Maria Maura Tallarico c/o Thomas J.Terputac.Esq. Washington Trust Building Washington,Pennsylvania Please take notice that the appellants do not intend to print the following portions of the record of testimony in this case;take notice also that,as provided in Rule 52 of the Rules of the Supreme Court of Pennsylvania.your consent will be presumed unless you file an objection within ten days from receipt of this notice.(For the purpose of this noti.ce "A" refer~to the record of testimony presented on February 15,1964; "B"to that of June 24,1964;"C"to that of JUly 2,1964;and "D"to that of December 22,1964). The testimony not to be printed is: A.Line 4~page 4 to the last line of page 18, Line 22,page 21 to line 19 page 25, Line 3,page 27 to line 16,page 29, Line 18.page 30 to the last line of page 30J The last line,page 32 to line 5,page 37,and Line 22,page 39 to the end of A. B.Line 12,page 4 to line 17,page 12, Line 14,page 14 to line 17,page 16, Line 15,page 18 to the last line,page 63, Line 4,page 70 to line 13,page 72, Line 7,page 75 to line 19,page 77, Line 13,page 79 to line 17,page 90, Line 3,page 91 to line 23,page 97,and Line 5,page 93 to the end of B. I'• .j •" C.None will be printed D.Aft will be printed Attorney for Appellants "' \. ~--. AND NOW,this ~day of ~,1966,I hereby accept service of the within Statement ~f ~~Raised on Appeal and Statement of Evidence which will not be Printed,and acknowledge to have received a copy thereof. .lpJ rJ7I.-7-l-I~~1..~pli~Oldie p.Bellotti, Administratrix C.T.A. ~--t---~_.II'-t .~·.u·\.,1:J/ -~ .....,~_.--_.,..~~"'-:"-'.•~~""-'..."",-.-.".._.-=--_....-....__....~.:':--,........--..~-:-~.,...-..•-"....-~.-_..-...:-.,.-.-'-;-.--------.~...---..---_._---- '0 OJ {/J cd OJo OJ o "'""h -S;\ 'I r",....I'.I L.".!:.:U ?..'. ,:-~ AND NOW,this -I)day of ~,1966,I hereby accept service of the within Statement of QU~Raised on Appeal and Statement of Evidence which will not be Printed,and acknowledge to have received a copy thereof. ~L_A orneyfOr{foldie p.Bellotti, Administratrix C.T.A. V) ~Cl ~0 rt)')~ Eo<Z i ~z 0 ~ex:H ,'~'~~ II ~;..:j::>Eo<...:I Cl Cl e:~~0 0 rj}«~I !'il ILlCJ1....,"VI ZCJ!'il !'ili Eo<~-"'-'~,:.;j ,.~~1 "~5!;L'"ZH::>11;:'0 z :J Cl ..z UJ -ex:11;1 I::H Z ~"I;;P.jgUl««:cd ex:III ~wZH~;p.,,<2 v J:i ~«'H H z!\.,.',~,u 00I00to~::t:0 «'0 0'!'il ~Gp.,Eo<Ql Eo<I co Zex:Ql'00 z c:~0 ~~<0 "-0 +-'::.::cd ~J>::Eo<:tcdZQl:;E Ul 0 II) ~+-'«C)~H Z ~~::t:~00 ex:Ql Eo<<x:Eo<ex:!'il ~Cl «ex:H p...~-S=\Eo<HZ0ZUlH H Z H ~ • • .. • • .'-.•) IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN RE:) ) ESTATE OF ) ) FRANK TALLARICO,) ) Deceased.) NO.412 ·OF 1963,O.C. OBJECTIONS BY APPELLEE REGARDING OYIISSIONS OF PRINTED TESTIMONY ON APPEAL BY APPELLANT S TO THE HONORABLE,THE PRESIDENT JUDGE OF SAID COUR T: AND NOW,this I 7f:A day of August,1966,comes MARIA MAURO TALLARICO,by her attorneys,EDWARD V.SCIAMANN and THOMAS J.TERPUTAC,ESQS.,and in accordance with Rule 52 of the Rules of the Supreme Court of Pennsylvania,files objections to the Statement of Evidence Which Will Not be Printed which has been filed and served upon Appellee,and avers as follows: 1.Regarding the record of testimony presented on February 15,1964,and marked by Appellants"A",objection is made that all of the testimony therein is relevant and has a direct relationship in connection with the questions involved on the appeal. 2:.Regarding the record of testimony presented on June 24,1964,and marked by Appellants"B"J objection is made that all of the testimony therein is relevant and has a direct relationship in connection with the questions involved on the appeal. 2,.Regarding the record of testimony presented on July 2,1964,and marked by Appellants"C",the record therein has a direct relations::J.ip to and a connection with the questions involved on the appeal. I -• WHEREFORE,MARIA MAURO TALLARICO,Appellee herein,by her attorneys,hereby object to the omissions of testimony proposed by the Appellantsand respectfully requests your Honorable Court to direct Appellanisto have printed on appeal all of the testimony aforesaid and the exhibits. •t· IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA I~ IN RE: ESTATE OF FRANK TALLARICO, Deceased. ) ) ) ) ) ) ) NO.412 OF 1963,0.'C. o R D E R AND NOW,this -.I rtL.day of ~' 1966,upon consideration of the Statement of Evidence Which Will Not be Printed regarding an appeal to the Supreme Court of Pennsylvania, and in further consiqeration of the objections filed thereto,in pursuance, .to Rule 52 of the Rules of the Supreme Court of Pennsylvania,'a hearing thereon is set for the ,;zt!(fi day of ~1966,at 3.:30 otCloCk-E..M.,E.D.S.T. BY THE COURT: .. .... ~..IN THE ORPHANS'COVRT OF WASHINGTON COUNTY,PENNA IN RE: "; ! I-' CDmm c-+ ::r'1-'-rn I-< :J>Z U Zo~ 0-S\)<.<: ot-+, ::r' (1) 1-$ (1) cr'<.<: S\) () () (1) '"dc-+ rn (1) 1-$<:1-'- () (1) ot-+, c-+::r-(1) :fi11-'-c-+::r-1-'-::s o cr'c....... (1) ()c-+1-'-o::srn cr'<.<: :J>'"d'"d (1)................ (1) (1) ~ (1) O'Q S\) 1-$ 0..1-'-::sO'Q o S1-'-rnrn 1-'-o::srn 8, '"d 1-$ 1-'-~ (1) 0.. f-:1 (1)rnc-+1-"So::s<.<: o::s :J>'"d'"d (1) S\)........ c-+::r' (1) 1-$ (1)ot-+, tJj<<: :J>'"d'"d (1)................ S\) ~rn S\)::s P-; S\) () ~::so :fi1........ (1) 0..O'Q (1) c-+o ::r'S\)<: (1) 1-$ (1) () (1) 1-'-<: (1) 0- S\) ()o'"d<.<: ~C\ t',\; ,- -"-'""'-o· :-.......,~ ._.•._<,/ t~ r i ~ :--.-. :.;:;:~ J•....'-C'j ~,(.~i-;: :.~.... l ...· ~:J r·.) -7.':: [\.) ,. '-- -,,) ,"..:;:-..'-- Dec'eased. FRANK TALLARICOJ EDWARD V.SCIAMANNA and THOMAS ..J.TER.PUTAC ATTORNEY AT LAW WASHINGTON,PA. ESTATE OF OBJECTIONS BY APPELLEE REGARDING OMISSIONS OF . PRINTED TESTIMONY ON APPEAL BY APPELLANTS NO.412 OF 1963J O.C. -:;'.. -' t 1.~.~~\,~~~u ~>~,::~,Z~ ['v~.;:::" ''1 t> 222 WASHINC3TCN TRUST BUILDING -I'=L ""'"__n I II 222 WASHINI3TDN TRUST BUILDING I f-'coenen c+::r'f-'. (/) I--i ~t:J Zo~ 0...I!J'-<: oH-, ::r'(1) >-$ (1) cr''-<: Il' () () (1) '"0c+ (/) l"tl >-$ ~f-'. () (1) oH-, c+::r' (1) ~f-'.c+::r'f-'.~ ocr'<-.>. (1) ()c+f-'.o~ Ul cr''-<: ~'"0'"0 (1) f-'f-' (1) (1) ~ (1) (jQ Il' >-$ 0-f-'. ~(jQ o SI~'(/) (/) f-'.o~ (/) 8, 'l:J >-$f-'.a(1) 0- ~ (1) (/)c+f-'.So:.J'-<: o~ ~'"0'"0(1) ~ td'-<: ~'"0'"0 (1) f-'f-'Il'a(/) Il'.~)). Il' () ~~o~(1) 0- (jQ (1) c+o ::r'Il'~ (1) >-$ (1) () (1) f-'. ~(1) 0- Il' ()o'"0'-<: c+::r'(1) >-$ l1loH-, ,10.'; j') .._.... I ~ ~.\S'... 0- ............., ......,C,J C.•--. l.; l- f\' :7!t •• .. I\.) ....... NO.412 OF 1963,O.C. IN RE: --------~ Deceased. ESTATE OF 11(,-3 C/yA t--j- FRANK TALLARICO, OBJECTIONS BY APPELLEE REGARDiNG OMISSIONS OF PRINTED TESTIMONY ON APPEAL BY APPELLANTS EDWARD V.SCIAMANNA and THOMAS .J.TERPUTAI: ATTORNEY AT LAW WASHINGTON.PA. IN THE ORPHANS'COVRT OF WASHINGTON COUNTY;PENNA -} r..:. ~t.r \.i ~~\\\"\\-~-~~..-t;"-,V) c,X;)1 "'-{".-~~.' ~--------~~... JI {, \, ~-<I ", • • I I j 1i~j !!! 1: 1lII· I,;r !!J !!. i., I!I· Ii!:j Iii!l ii!:j::II I I, iiIIi~iII..... '; • • .. /~/../'.;'". • IN THE ORPHAN'S COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN RE: Estate of FR ANK TAL LAR I CO , Deceased :. NO.264 of 1963~O.C. o R D E R----/ AND NOW,this,of August,1966,upon " motion of FRANCIS H.PATRONO,ESQ.,Attorney for the Appellants, it is .ORDERED AND DECREED that the said Attorney may lift the record in the above entitled case for the purpose of gettiLg the record printed in connection with the appeal of this case to the Supreme Court of Pennsylvania. ,,' I -I ~/;" ,1 •.'. IN THE ORPHAN'S COURT OF WASHINGTON COUNTY,PENNA. NO.264,of 1963,O.C. IN RE': Estate of FRANK TALLARICO, Deceased o R D E R ~......~"'~ "",' ~....-:':;~ ,,~ ~I f ,~ ..)I .'II'. '~~--c_,), "~ ~\1 '-.'. (--L.J -.• K'..-'-, ~.I :-..-l\.)'-.J --.. ~J -~ , J' •• '\, '" ••• PATRONO AND EDWARDS Af"rUKNEYS AT LAW TRON WARD BUILDING 80 EAST CHESTNUT STREET WA5T-lINCT0N,PENNSYL'v~'\Hll\ •15301 lie.-L3 ?'7/~1/ • IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN RE: Estate of ) FRANK TALLARICO, Deceased. No.264 of 1964,O.C. STIPULATION AS TO DIMINUTION OF RECORD AND NOW,this 2~~a day of August 1966,counsel for all parties agree that the record in this case shall be diminished by omitting the ~following port~ons of the testimony.(For the purpose of this stipula- tion "A"refers to the record.of testimony presented on February 15, 1964;"B"to that of June 24,1964;"c"to that of July 2,1964;and "D"to that of December 22,1964). The testimony not to be printed is: A.Last line,page 7·to line 17,page 14 Line 22,page 21 to line 19,page 25 Line 3,page 27 to line 16,page 29 Line 18,page 30 to last line,page 30 Line 22,page 39 to line 5,page 42 B.Line·12,page 4 to line 10,page 10 Line 10,page 15 to line 17,~age 16 Line 4,page 20 to line 17,page 21 Line 1,page 23 to line 10,page 27 Line 17,page 28 to last line,page 39 Line 2,page 44 to line 18,page 52 Line 16,page 60 to line 4,page 63 Line 21,page 87 to line 17,page 90 Line 3,·;.page 91 to line 23,..page 97 Line 5,page 98 to end of B. C.Beginning to line 16,pag~:l~ Line 17,page 13 to end of C. •i'·, D.All will be printed. Attorney for Appellants ~_tV_t~~~i~;~i~s~t:::r~a~t~r-iX-·C-_-;t-.-a-.- <.,,I )IN RE: ESTATE OF FRANK TALLARICO, DECEASED if ''\1 STIPULATION AS TO PATRONO AND EDWARDS A:ITORNEYS AT LAW \ TRON WARD BUILDINC ; 80 EAST CHESTNUTSTRIOET ' WASHINGTON,PENNsYLVANiA IS3QI . ..\Yl'I J_L :--0'7 //":l l. ~ '~ ~"< ~.1"")~,-i 'r i~'r·l~f~\r ~'~, o ~~f oT " .... !, .., i j .: !'\>I, lit t, ~.~, II~,! ) o ,....--..;:...., I rlJ~;'(~ .........- t.;) ~ ...-.~i...:.. .......; f'.~ <.-" .~:-, '. / ~DIM~NUT~ON OF RECORD :...:_L.'-} .-.l'oJ/j ----.:-\..-~--.~, ~'.).~'\:'-...'.- \'".-....., '"~I_.•:.".~~~::.~:i_ (---~ "n ,";.~v I ~'J' "-9~-6 ~ "\\~d~~.'" ~ '." .. )'": ~--_..._-,I ~---------------------------., ">I'~-...~,..-,;......•-~.•-I -i r j t ~, ~"...... rCL. ~"-~ "----~, ~ \j\ ~ t f ,£ ~ ~ ~~ ('\r ~~~~~~~"'1 ~~( ~tU;f ! ().! .__4.~~.~.•~......:...,~_~ \ o -' .~.<~ ...., ,-<,.Ji ---.'-'«""'-~·ii'";;;=:'="---:;.='tiiiii7Ts;;;'5!1!'!1~-a!I'='D!:!:i!!!!!!!l!!!!!!!!!!!!~.IIiiIlloi~..__~,wnm _)..rlf_/:= 153<;>1 / J J L ~1.39'V V TRON WARD BUILDINC 80 EAST CHESTNlITSTREET ATTORNFY"AT L.....'Xr DIMINUTION OF RECORD WA<;HINCTON;PENN-SYI;vla.,J'IrA ~,i PATRONO AND EDWARDS t:-"", ESTATE OF ' DECEASED STIPULATION AS TO FRANK TALLARICO, IN RE: f '1i ~,~~ N~~ ~~~ "n ~f~I ~ ±~J~ ~~,'" ,- r.~ • .~ • '. / (300] IN·'l'HE SUPREHE COURT OF PENNSYLVANIA Western District J ESTATE or nARK TALlARICO, Deceased Appeal of Serafino Tallarico, et ale JONES,J. *Ne.230 March Term 1966. **Appeal from Decree of the*Orphans'Court of Wsshington*County,No.264 of 1964. ***Entered May 3,1966. ~. FILED:April 18,1967 Frank iBllarice and Clnra 1811arico,residents of Washington County and husband and wife,hBd seven living children.Prior to November 5,19.56,Clara Tallarico [firet wife]was the owner of certain realty located in Washington Bnd Greene Counties,realty Which had been purchased by moneys earned in a grocery business wherein both Frank Tallarico [decedent)and his first ~fe had been jointly engaged. On November 5,1956,by 8 warranty deed absolute on itl face, the first wife conveyed to the decedent snd herself BS tenants by the entireties the realty in Washington and Gre~ne Counties.This deed - properly executed,acknowledged and delivered -was duly recorded in both counties and it recited,inter alia,that the "deed [was]ude without actual consideration for the purpose of cresting 8 tenancy by the entire- ties in the grantees.n .§j.muttaneovsly with the Execution of tbJ.s deed and.at the firet wife's insistence,the decedent sod his first wife, on November 5,1956,executed B lawyer-prepared written agreement which was duly ackoOfAlledged. / [300..2) Under the provisions of that written agreement,the parties, agreed:(1)the wife would convey to herself and decedent all the realty ~ tben titled in her own aame to be held a8 a tenancy by the entireties; (2)each party agreed not to remarry in the event the other party died~ (3)howeverJ in the event that either cJecedent or his wife should remsrry" it was agreed that "title to the said reel estate [should)pass to and be vested in the children of (decedent]'and (bis]wife,their heirs and assigns,in fee simple,from and after the date of said remarriage";(4) the agreement could be enforced by any child OT sny issue of the decedent.. and his first wife by proceedi,ng in.the equity courts of Washington or Greene Counties for the revocation and setting aside of the deed to the extent it was inconsistent with the purposes of the written agreement. The lmsontrastt.sted testimony of the notary public:was that,after this wrltten agreement bad been executed and acknowledged before her,she handed an executed copy of the agreement to both decedent snd his wife. 'Ibis agreement wee not recorded until after the deaths of both decedent and his first wife. Approxtmstely three years subsequent to the execution of the deed snd agreement,the first wife died.Approxtmately one year there- 1 after,decedent met snd'married in Italy one Haria-Mauro [second wife]. Decedent returned from Italy to the United States.Six months thereafter, the second wife came to the United States and resided with the decedent for approximately one and one-balf years,at which time she returned to Italy for what she described 8S a visit necessary for her health.While 1 A son of decedent and his first wife accompanied his father on the trip to Italy and,while there,he met a young lady wom he urrled in Ita1y on the day preceding the marriage of decedent and the second wife. -2- [300-3] the·second wife was still in Italy.decedent died on Augu8t 21.1963. Decedent's will was duly probated and Serafino Tallar'ico,a SOD of decedent and the executor designated in the will,renounced his rights to letters testamentary.Letters of administration c.t.a.were then issued to one Goldie Bellotti. On October 5.1963,decedent's children instituted an action to quiet title in the court of common pless of Washington County against Goldie Bellotti.decedent's personal representative.'1'he second wife filed preliminary objections to the complaint averring that exclusive jurisdiction to entertain the matter was in the Orphans'Court.The coomon pleas court held "thet·decedent's ownership of the real estate, terminated upon his remarriage so that the property never became part of his estate",that the deed of November 5,1956.constituted 8 cloud on the title of the children and that the common pleas court had jurisdiction of dne subject matter.-~llariso y.Bellotti,414 Pa.535,537,200 A. 2d 763 (1964».Upon di~lssa1 of her prel~inary objections,the second wife appealed to this Court.Without determining the merits t this Court reversed the order of the court below holding that,by the grant of letters of administrstion c.t.a.,the Orphans'Court had acquired jurisdiction and a subsequent controversy concerning the title to the realty should be determined by the Orphans'Court;lIl1arlso y.Bellotti,4l~Pa.535, 200 A.2d 763 (1964). Thereafter,the children petitioned the Orphans'Court of Washington County for an order dete~ining that the realty described in the deed of November 5,1956,was not an asset of the decedent's estate. Upon issue joined,hearings were held before the Orphans'Court of -3- [300-4) Washington County and,after such bearings,that court determined that .. the realty was a part of the decedent's estate and dismissed the children's petition.Prom that decree four of the children have appealedo The rationale of the court.below was that,since the agreement of November 5,1956,~d not been delixered to the children,it was ineffective as a conveyance of an interest in the realty and,further, that the children were equitably estopped to assert the invalidity of the second wife's cla~to a share in the realty. the position of the appellant-children is that,by virtue of the agreement between the decedent and his first wife,they acquired an executory interest which automatically vested title to the real estete in them at the moment decedent married the second wife on November 5,1960. They contend that the deed and the agreement between decedent and his first wife baving been made simultaneously must be treated as one transaction (See:9feenfield's Estate,14 Pa.489 (1850»and that,when so treated, it is clear that the decedent was given a defeasible fee simple,~.e.,a fee s~ple which would be defeated in the event of his remarriage.See: McCall v.Pmbenhauer,270 Pa,351,113 A.2d 423 (1921);~v.Holzbach, 233 Pa.367,82 A.2d 469 (1912);11ldelitv Trust Company Vt ~,228 Pa,52,76 A.720 (1910);Scott v.MUrray,218 Pa.186,67 A.47 (1907); ,Bedding X.Ri£i,171 Pa.301,33 Ae 330 (1895);Restatement,Property, Section 44,Comment f;Restatement,Property,Section 23,Comment e. Under the record facts there cen be no dispute concerning th~existence of a donative intent on the part of both decedent and his first wife,an intent to give the realty to the children upon the remarriage of either perty.The second wife takes the position that there was no delivery of the agreement to the children and,therefore,the title never vested in -4- (300-5) them.1be children urge that the delivery of the executed agreement on November 50 1956.to the first wife constituted 8 delivery to her for theD\. An executed agreement "may be placed ln,the possession of a thlrd person for delivery upon the happening of a specified contingency or event as,for example,the death of the donor;1n such case not only is the delivery.valld,but it will be held to relate back to the time of the initial delivery if that be necessary to effe«:tuate the donor's intention"; lroozato v.Guerr!DI,400 Pa.'21,527,163 A.2d 297 (1960).Rynier Eltltr.347 Pa.471. 474,475,32 A.2d 736 (1943).A major considera- tion in determining whether such a delivery has been made is "•••the intention of the donor to transfer title to the donee,a8 manifested bY his words and actions and by the c:ir«:umstances concerning the transaction.'! lrogzato,supra,p.528,again quoting from Rynier,supra.See also: .9tmb!FY v,Rumbaugh,333 Pa.319,321~5 A.2-d 171 (1939). An examination of the instant deed snd agreement,gecuted A~lt!neousll,clearly and unequivocally indicates ~t it was the intention of both decedent and his first wife to condition the wife's conveyance of the realty to the decedent and herself as tenants by entireties upon the possible remar~iage of decedent,1f he survived the J.y'first wife.,Such intention was made known to the children by reason of occasionsl conversations with some of the children concerning the contents and purpose of the agreement.'!bet the second wife ,after her marriage, became cognizant of such intention is evidenced by two occurrences: (1)the decedent bed written a letter to his second wife telling her that the "property belongs tQ th-children":(2)the second wife testified concerning a meeting,-which had taken place subsequent to her marria ge 'to decedent .,be'tween decedent,an attomey and herself whereat the -5- IL _ .; [300-6) attorney informed her that,before any transfer of the realty could be made to her,the,children would have to sign such instrument.'1bere can be 00 doubt on this record that the decedent definitely was of the opinion that his remarriage ccmpletely divested him of aoy title or claim of ownership to tm realty. Eveo if the facts 88 to delivery were to be considered "slight or ambiguous",the conclusion of 8 delivery is buttre8sed by the fect that the gift was one between a parent and children~In such situations n •••the delivery may be proved by the declarations of the donor,just, as the gift itself may be;and when the donor declares that he had given at a previous time,and that the donee had then become the owner,it 1s ~plied that delivery,and indeed every other formality,necessary to create a gift,had taken ploce~The law always presumes knowledge of its requirements.n:kUsD v.UYmond Na.tionallsgk,234 Pa,557,567,83 A. dU7ing 416 (1912).In the case at bar the decedent did so declarebis lifetime. Both tenants by the entireties,particularly the first wife,intended a gift of the realty to the children upon the occurrence of a remarriage and considered the d~livery of the agreement to the first ~ife an effective , delivery to the children.The effective date of such delivery relates back to the reman-lage of decedent and the second wife.The donees of a gift of an executory interest are presumed to accept such gift absent any showing of an intent to the contrary,and the instant record reveals no such contrary intent.We are satisfied that,upon the remarriage of decedent.the Gift of realty to the children became complete. To establish an interest in this realty,the second wife main- tains that the children are equitably estopped to claim any interest·in the realty. -6- (300-7J In~hwestern National Bank v,Commonwealth,345 Pa.192, 196,197,27 A.2d 20 (1942),this Court stated:"Equitable estoppel arises when one by his acts,representations,or admissions,or by his silence when he ought to speak out,intentionally or through culpable negligence induces another to believe certain facts to eaist and such other rightfully relies and acts on such belief,so that he will be prejudiced if the former ~s permitted to deny the existence of such facts. In this situation,the person inducing the belief in the existence of a certain state of facts is Estopped to deny that the state of facts coes in truth exist,aver a different or contrary state of facts as existing at the same time,or deny or repudiate his acts,conduct,or statements": (citing authorities). The following principles must be considered in applying the doctrine of equirable estoppel:If•••in the absence of expressly proved fraud,there can be no estoppel based on the acts or conduct of the party sought to be estopped,where they are as consistent with honest purpose end with abs~nce of negligence as t"ith their opposites."[citing an au thority]•UThere can be no equitable estoppel where the complainant"s act appesrs to be rather the result of bis own will or judgment than the product of what defendant did or represented.The act m!Jst be induced by,and be the immediate or proximate result of,the conduct or represents- tion,which must be such as the party claiming the estoppel had 8 right to rely on.The representation or conduct must of itself have been sufficient to warrant the action of the party claiming the estoppel. If notwithstanding such representation or conduct he was still obliged to inquire for the existence of other facts and to rely on them also to .sustain the course of action adopted,he cannot cla~that the conduct of the other party was the cause of his action and no estoppel will arise." • -7- " [300-8) (citing an authority).t~ere there is no concealment.misrepresentation, or other inequitable conduct by the other party,a party may not prope~ly claim that an estoppel arises in his favor from his own omission or mis- take.fI:(citing authority)."Estoppel cannot be predicated on errors of judgment by person asking its benefit.":-Iciting authorities]. 'lbe record facts indicate clearly:(1)the'children never made any representation whatsoever to the second wife designed to deceive her as to the identity of the owners of this realty;(2)none of the children,certainly prior to decedent's remarriage,ever spoke to the 'second wife concerning this realty;(3)the second wife admitted that She• had told one of the decedent's daughters-in-law that 8 she had wanted to marry decedent Hfor his pension.and that she did not care about the propertyll;(Ie)the incident in the attorney's office certsinly brought knowledge to the second wife that the children had at ).esst some interest in this property.The present record negates any finding of misrepre- sentation on the part of the children or any reliance by the second wife on any representation by the children and the doctrine of equitable estoppel does not apply.See:Northwestern National Bank,supra. r .\lhat actually transpired in the case at bar 1s that the decedent went abroad and married for the second time.What decedent told the second wife as an inducement for the marriage we do not know, put what he did tell the second wife cannot effect the children's rights tn this property.If there was any misrepresentation upon which the second wife placed reliance,it was on the part.of the decedent and not on the part of his children.Under such circumstances,the children are not estopped from claiming the ownership of this realty._ -8- (300-9)" In reachi~g this conclusion,we have given full weight to the findings of fact of the chancellor in the court below.However~ we have made our own deductions and inferences from such facts and drawn our own conclusions of law."See:PronzaSQ,supra,p.532; ,Coffin Va Old Orchard Development Corporat~,408 Pa.487,494,186 A.2d 906 (1962). Decree reversed.Each party pay own costs. Q!Ottt1tttntfueaJtlt of Jltmt5\lIuania,I ss: County of Allegheny I,PATRICK N.BOLSINGER,Prothonotary of the Supreme Court of Pennsylvania for the Western District thereof,the said court being a Court of Record, :do hereby certify that the foregoing is a true and correct copy of the whole and entire _ .OPINION . ~----------------\-------------------------------7------------------------------------------ ., 'ESTATE OF FRANK TALLARICO DECEASEP--APPEAL OF TALLARICO ET AL.---------------~------------------~--------------------------------------------------------- at No.~3Q March Term,J..9.§§,as full,entire and complete as the same remains on file in the said Supreme Court,in the case there stated;and I do hereby further certify that the fore-going has been compared by me with the original record in said cause'in my keeping and custody as the Prothonotary of said Court,and that the foregoing is a correct transcript from said record and of the whole of the original thereof. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of the said Court,at Pittsburgh,. this ------~-::~-~---------day of --~~~--in the year of our Lord One Thousand Nine Hundred and Jli~t~=Jley~_n~_ -------------------~~-~Deputy hothonotary ~----- \/ 230 1966No.,March Term,------------- ESTATE OF FRANK TALLARICO,, DECEASED' APPEAL OF TALLARICO ET AL;~-' 'C" .I '.." I.(p,' ;i --'1%':'~ ')-.----~.... ~<1\'1\' ~~ f'"':. \-'>,(.\«."..'\"I (. (,.',.;1 <r T r I"\\"('••'1'\'\.;, I, e· _.y---'( .:DC ~::- ......,...t..;·'c.:r-:-,L:'~:~~~_,:-<..,.".Tl .=~J;~ 4)"~ ~5;]~~ ~~:.:?~: en ~-:) :;:;::::0 -c--.'"(~-,::._. t'v ~ r-i m 0' EXE::M=Pl:1 FI CATI []N~-c:')1I--A co (Jrlq~1 qrJ1 I D'[)r " J'tf-S'~cr ft'.6 -. 1 /(,-6 r V ~('(; ~ Th.e Supreme Court of Pennsylvania1 5S: Western District r J The Commonwealth oj Pennsylvania TO THE JUDGES of the Orphans'Court for the County of Washington GREETING:WH:EHEAS,by virtue of our Writ of Certiorari at No.230 of March Term,19 66 of our Court a record in the matter of the appeal of SERAFINO TALLARICO,MARIA TALLARICO,also known as MARY TALIARICO,LENA TALLARICO HANNA,and FRANK TALLARICO,also known as FRANCESCO TALLARICO from the judgment~of'May 3,1966 of your said Court at No.264 of 1964,O.C.~~ was bl'oug-htinto am'Supreme Court and the said cause \vas thCl'e so proceeded in that on the April A.D.19 67 the following decision was rendered,viz: Decree reversed.Each party pay own costs. JONES,J. 18th day of :1 J,II;' WHEREFORE,We hereby remit you the record aforesaid with the proceedings thereon and all things touching the same so far as in this Court they remain,for the purpose of exec~tion as to justice shall appertain in accordance with the decision of our said Supreme Court as aforesaid. Chief Justice of our Supreme ",,\,1.1',)j ''''-': (-, mitnt55 the Honorable JOHN C.BELL,JR., Court,the 1st day of May in the year of our Lord one thousand nine hundred and si~~y-AJeven.fl.t:)~.J?~Q.~~" Deputy Prothonotary ----------_._---<'\ 0.C.Washington No.264 No.230 o~1964,~ O.C. March Tet'm,19 66 ~uprtmt <!Court ESTATE OF FRANK TALLARICO, DECEASED APPEAL OF SERAFINO TALLARICO, ET AL. -,~~.-_..~~... ~:'~5 ~ ~;REMITFJ.,TURC~-,-:T0 :-_~L'-'J">{)0 :"'!.o',)~ ;J -.6"~.~1 \0\\, 19,./ ~I~~. yY' ~. ~,'-Ij§~ 0=.t'i', ~i] :.:~-< ro ~,c....-; M i r= n=¥o :~,"1 \" )\' }/~.~~1"2/~\"".\i Q[4t ~ttttrttttt QIllurt llf lltnnst!hrama: JllJ~sttrn ~isfrict ,.;.. PATRICK N.BOLSINGER PROTHONOTARY HELEN D.STEELE DEPUTY PROTHONOTARY Mrs •Josephine M.Douglas Register of Wills CourtHouse Washington,Pennsylvania , Dear Mrs.Douglas: May 1,1967 PITTSeURGH,PA. 15219 Estate of Tallari'c'o," No.230 March Term,1966 I am sending you by railway express today the following papers: Record Bnvelope of Exhibits Remittitur .Exemplification Yo~rs very truly,. ·.~G.~ DEPUTY PROTrlONOTARY HS <•.', The First and Final Account of GOLDIE p.BELLOTTI,Adminis~ tratrix c.t.a.of the Estate of FRANK TALLARICO,deceased,late of Canton Township,Washington County,Pennsylvania Account Principal of Personalty, Schedules A and B Principal of Realty, Schedules C and D Income from Personalty, Schedules E and F Income from Realty, Schedules G and H Administration Expenses, Schedule I Family Exemption, Schedule J Burial,Medical and Nursing Expenses,and Employees'Services, Sche dule K Grave Ma~k~r,Schedule L Rents of Residence, Schedule M General Claims,Schedule N Debits 630.00 None 291.36 None $921.36 Credits None None None 383.29 None 1044.00 None None None $1434.19 Balance 630.00 None 284.46 None 383.29 None 1044.00 None None None $512.83 ·...'. SCHEDULE A PERSONALTY,Debits: Inventory and Appraisement Error in stating inventory (Judgment should have been $580.00 but entered as $508.00) SCHEDULE B PERSONALTY,Credits: None SCHEDULE C REALTY,Debits: None 'SCHEDULE D REALTY,Credits: None· SCHEDULE E PERSONALTY,Debits: $558.00 72.00 $630.00 1964 Various 1965 Various ~ Various J.H.and Rose Thomas J.H.and Rose Thomas J.H.and Rose Thomas Interest on judgment Interest on judgment Interest on judgment $165.00 82.68 24.74 1967 Various ·1 J.H.and Rose Thomas Ir"terest on judgment $15.14 1968 Jan.1 J.H.and Rose Thomas to June 3 SCHEDULE F PERSONALTY,Credits: Interest on jUdgment 3.80 $291.36 1964 June 24 Russell Marino, County Treasurer .1 9 65 Sept.1 Russell Marino, County Treasurer 1966 JUly 6 Russell Marino, County Treasurer 1967 Dec.8 County Treasurer 1964 personal property tax 2.20 1965 personal property tax 2.16 1966 personal property tax 1.18 1967 personal property tax 1.36 $6.90 SCHEDULE G REALTY,Debi ts: None SCHEDULE H REALTY,Cre di ts: None "I SCHEDULE I ADMINISTRATION EXPENSES: 1963 Sept.27 Oct.3 ,Oct.9 Oct.17 Nov.18 Nov.18 Nov.19 Josephine M.Douglas, Register of Wills Washington County Reports S.W.Miller Agency Observer Publishing Company Kathryn E.Rutan, Nojlary Public Kathryn E.Rutan, Notary Public Josephine M.Douglas, Register of Wills Issuing letters of administration Advertising issu- ance of letters of administration Premium on Ad... ministrator~bond Advertising issu- ance of letters of administration Affidavit on in- ventory Affidavit on in- heritance tax return Filing inventory and inheritance tax return $10.50 10.00 10.00 10.-00-~". 1.00 1.00 3.00 Dec.4 De c.4 Robert Crawford,Pro- thonotary Robert Crawford,Pro- thonotary Filing suggestion of death and substitu- tion of admin1stratrix as plaintiff,Tallarico vs.Thomas 4.00 Filing praecipe for writ of sci.fa., Tallarico vs.Thomas 5.00 De c.20 1964 Jan.6 Jan.8 Grant Furlong,Sheriff Patrono and Edwards Bob A.Franks,Prothono- tary Service of writ of sci.fa.,Tallarico vs.Thomas Securing copies of deed,agreement,and inventory Filing praecipe for revival of judgment, Tallarico vs.Thomas 10.30 1.20 3.50 1964 Feb.4 Feb.27 June 10 June 15 1966 Feb.15 Josephine M.Douglas, Register of W111s Joseyh1ne M.Douglas, Register of W111s June G.Ullom,Notary Public Josephine M.Douglas, Clerk of Orphans'Court Register of Wills,Agent Issuing short certificate Issuing short certificate Affidavit on petition to withdr.aw appear- ance Filing petition to withdraw appearance Payment on account of inheritance tax $1.00 1.00 .75 2.50 11.72 Sept.21 S.W.Miller Agency Sept.27 S.W.M111er Agency Prem1um on adminis- tratrix c.t.a.'s bond to September 1965 10.00 Premium on adminis- tratrix c.t.a.'s bond to September 1967 20.00 1968 Mar.1 J Mar.13 Patrono and Edwards Robert L.Ceisler,Esq. Services as counsel for admin1stratrix c.t.a.prior to with- drawal on 6-15-64 50.00 Services as counsel for administratrix June 28 July 3 July 3 Goldie P.Bellotti Angeline Sorice,Notary Public Russell Marino,Register of Wills c.t.a. Commission for serv- ices as administratrix c.t.a. Affidavit on this account ~i11ng this account 150.00 46.07 .75 20.00 $383.29 I •\1 SCHEDULE J FAMILY EXEMPTION: None SCHEDULE K BURIAL,MEDICAL AND NURSING EXPENSES,AND EMPLOYEES'SERVICES: 1963 Se;pt.•':28 Abel Funeral Home Funeral Services SCHEDULE L l044.0C $1044.0C GRAVE MARKER: RENTS OF RESIDENCE: GENERAL CLAIMS: None SCHEDULE M None SGHEDULE N None ADMINISTRATRIX C.T.A,'s.NOTICE ,Estate Of FRANK TALLARICO.' deceased;.late of Canton Tcwnshlp,IWll.shiitgton County.Pen!lsyIvama.Letters of Administration .C.T.A. 11 on the above estate.havng been,ganted to the underSigned'.notlc~is hereby given to·tJ.1ose .ndebte thereto make immediate paymentandtothosehavingclaims.or de·mands to present them fo:settle· ment.GOLDIE P.BELLOTTI, Administratrix C.T.A. 575 Locust Avenue,..Washington,Penns:r1vanla.. I,PATRONA AND EDWARDS. AttorneYs..Trom Ward Buildmg,.80 East Chestnut,Street,..Washington,Pennsylvll.ma...22908·Mon,3t. "t. OBSERVER .PUBLISIDNG COMPANY THE OBSERVER,Morning Washington,.Pennsylvania PROOF OF PUBLICATION In compliance with the Newspaper Advertising Act of 16 May,1929, P.L.1784,Paragraph 3,Sub-paragraph 25. Commonwealth of Pennsylvania,County of Washington,5S:........•.... Personally appeared before me,a Notary Public in and for said County and State,g.~.~.h.~~.4.?.,..J~9.~~p.,who being duly sworn according to law,deposes and says that he is the....Se.c........&..Tr.ea.s.. of the Observer Publishing Company,a Pennsylvania corporation,and its agent in this behalf;that the said Company is the publisher of the Wash· ington Observer,established September 18,1871,a daily newspaper of gen- eral cirCUlation,printed and published and having its place of business at Waahington,Washington County,Pennsylvania,where it has been estab- lished and published continuously for more than six months prior to the pub· lication of the notice hereto attached;that the printed notice or advertise- ment hereto attached is a copy of an official advertisement,official notice, legal notice or legal advertisement,exactly as printed or published in the Vlashington Observer in its regular issue or issues on the following date or October 7 14 and 21 1963dates;1 ,.. that neither the affiant nor the Observer PUblishing Company is interested in the subject matter of said notice or advertising and that all of the allega· tions of this affidavit as to the time,place and manner of the publication are true.a e,.'...............................~~d.......~....','~_~J ~r .......' Sworn to and subscribed before My.Commi~sion ~. uRS C •Notary Public. !"•ATHERmE AI~~S,IlOTARY PUBliC expires !~~.~~!!!~.I~:l,...YJ,~S'.:.J:XJ.n.f.QjJ~UY .. MY CC~i:<:~S::U ~;:f:~:5 ~..~r:;.:J::1 25,19~1. .'. Washington County Reports 63 SOUTH MAIN STREET WasbingtOD,Pennsylvania (PUBLISHED BY WASHINGTON COUNTY BAR Al':SO=IATION) Estate Notices The Register of Wills has granted letters. testamentary or of administration,in :he following estates.Notice i.s hereby given to all persons indebted thereto to make payment without delay and t~those hav- ing claims or demands to pr~nt t'hem for settlement to the Executors or Admi:l- istrators or their Attorneys. • • • • • • • • • • • • •e ••• .?ROOF OF PUBLICATION In compliance wi:h the Newspaper Advertising Act of May 16,1929,P.L. 1784-Se::.3,paragraphs (3)and (25). COUNTY OF WASHINGTON) STATE O,F PENNSYLNANIA (55. Personally appeare:l before me,a Notary Public in and for said County and Commonwealth.CHARLES C.KELLER,who,being duly sw)rn,deposes and says:that he is the Edtor of the WASHI\lGTON COUNTY REPORTS,the official legal periodrcal fc.r said Washington County,publis'hd ~eekly having its place of business at W'a1hington,Washington County,Penns/lvonia,and is act- ing as its agent in t'hi3 behalf;that the said WASHIl\GTON COl.'NTY REPORTS was establishe:l on March 31,1920,and was desig:Jated as the official legal pub:ication for Wailington County,PeBnsylvania,by c.rde·:of the several courts of said County,dat:f:d November 11,19~O;that the prin:ed notice or adver- tisement attached hereto i',a copy of a notice or advertisement,exactly as printed or publish~d,which <.ppeared in the said legal periodical in its r~gular issues on the following dates: TALLARICO,FRANK,Dec'd. Late of Canton Township,Washing-ton County,Penna.Administratrix C.T.A.:Goldie P?ellotti,515 Locust Avenue,Wash:mgton,Penna.Attorneys:Patrono and EdwardsTronWardBuilding,80 East Crest~nut Street,Washington,Penna. ..........Q.G.tQ.!?~.b .l.Q.~.1.7..,...2.4.,.19.63 .. ....,~ " that the afiiant or the corpJration in behalf of which he is actin~is not interested in the subject matt7r .)f Mid notice or advertisi~and that all of the allegations of this affidavit as trt't,me tacj1nd chart't>bf thb~ta,~f(ill;~true,'' t::J7£(/L!u c -l)&~~ Sworn to an:!su~..re me thi~"-~~~~; .............",..--:,.~ ~..-....?.4V da:Of...?-.c.:t~.r ,196..:L....L~~.. tary Public KATHERINE C.YARD,I,tary Public Washington County,ennsylvania My Commissioo Expires Nover.Jber 1,1!l65 ..~OBSERVER PUBLISIDNG COMPANY ,,.' TH E OBSERVER,Morning Washington,Pennsylvania PROOF OF PUBLICATION \ In compliance with the Newspaper Advertising Act of 16 May,1929,P.L.1784,Paragraph 3,Sub·paragraph 25. ADMINISTRATRIX C.'1',A,'s.'•.,NOTICE,..ESLal"•of.FRANK TALLARICO,deceased:lat.e of Canton Town~h1p,Washiilgton County~Pen,nsylvama.""Letters of AdmimstratiOn .C.T.A. l'on the above estate havmg blCenl~anted to the undel'signed..noticeTsherebygivento'.~ase 1ndebted the.l'etol make"immed1at~,pay~~ntndto'those 'havlng clamls 01 e·":~1Rni:i.s to pres~nt.them for settle· men;,GOLDIE}>.BELLOTI'I, .,"AdministI·at).'ixC.T.A., 'L 575'Locust Avenue,.'\!..',I .-.Washington,,pennsYl~anla ..IPATRONA AND.EDWARDS,,, ,Attorneys.•'''.,•Tram Ward 'Bulldmg,, \ "80"East Chestnut,Street,.\. .jWilshlngton Pennsylvama., ,22~~§.:MC)}~,.,J.b \-:::::;:::: Commonwealth of Pennsylvania,County of Washington,SS:. Personally appeared before me,a Notary Public in and for said'County and State,B.!.~.h.~;:.4.$..!:99.~.~.~,who being duly sworn according to law,deposes and says that he is the.....Se.c.4.....&..Tr.e.as.• of the Observer Publishing Company,a Pennsylvania corporation,and its agent in this behalf;that the said Company is the publisher of the Wash. ington Observer,established September 18,1871,a daily newspaper of gen. eral circulation,printed and published and having its place of business at Waahington,Washington County,Pennsylvania,where it has been estab. Iished and published continuously for more than six months prior to the pub. lication of the notice hereto attached;that the printed notice or advertise. ment hereto attached is a copy of an official advertisement,official notice, legal notice or legal advertisement,exactly as printed or published in the 'Washington Observer in it!';regular issue or issues on the folloWing date or October 7 14 and 21 1963dates;1 ,. ................................_-_. that neither the affiant nor the Observer PUblishing Company is interested in the subject matter of said notice or advertising and that all of the allega. tions of this'affidavit as to the time,place and manner of the publication are ~rue.-~&{~~~d..g~. Swo,"to aod ,ub"~:Z~i=t::~d~ MilS.CATfIE/lI!lE Ml~S,l/OrAIlY PUBmtary Publlc. My.Commission expires .i !!~~!!!!~~.TQ~L.I!.,!:t:.tIJ.(,J.OJ.fJJJJ;lTY.. ,·1Y CO:I~·!;~SIJ:j mH:~S :i~pf[jmr.25.191.1 -I '( \ \ Washington County Reports .J"63 SOUTH MAIN STREET Washington,Pennsylvania (PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION) Estate Notices The Register of Wills has granted letters. testamentary or of administration,in the following estates.Notice i~hereby given to all persons indebted tnereto to make paymem without delay and t~those hav- ing claims or demands to pr~;ent t'hem for settl~ment to the Executors or Admin- istrators or their Attorneys. •••••••••••••It ••• PROOF OF PUBLICATION In compliance with the Newspaper Advertising Act of May 16,1929,P.L. 178~Sec.3,paragraphs (3)and (25). COUNTY OF WASHI~GTON)SS. STATE OF PENNSYLVANIA ( Personally appeared before me,a Notary Publ~c in and for said County and C lth CHARLES C.KELLER,who,bemg duly sworn,deposes andsao~.m~h~ehe 'is the Editor of the WASHINGTON CO~NTY REPORT.S,t)1e olcial legal periodical for said Washington County,pubhshed l we~kly hr!ng I~S place of.business a~W:a~hington,~Vashingthn Co~nt\vlseHINGTO~aCOUNTIingasItsagent10thiSbeh.IIf;that t e sal .h ff"I REPORTS was established on March 31,1920,and ,,:as deSignated as teo 1CI\ I 1 bl'i n for Washington County,Pennsylvama,by.order of.the severace;:rtsP~f ~~iJ County,d;1ted November 11,.1920;that t~Je pnnted notIce or a~verci tisement attached hereto is a copy of ~notice or.ad.vert!se~ent,exact.y as prmte or published,which appeared in the said legal penodlcal m Its regular Issues on the following dates: ;TALLARiCO~FRANK,Dee'd. Late of Canton Township.Washing-ton County,Penna.Administratrix C.T.A.:Goldie P.Bellotti,615 Locust Avenue,Wash-ington,Penna.Attorneys:Patrono and Edwards.Tro::l Ward Building,80 East Crest-nut Street,Washington,Penna. ..........Q.G.t.q.1?~.~},..O.~1.7.~,.2.1.,19.63 . ....;t;'.. that the affiant or the corporation in behalf of which he is acting is not int7rested in the subject mattl;t of ~,id notice or adverti§.in~and that ~ll ~f the allegations of this affidavit as to/.th ,ime,Pillaceand chariL/,crbf th1_f.~1IcaYj 2""~~ue.,./'. lL'0 /~d c:::l)~((ft--edL:~"c::==v c .c./...n........~·~,.:~:..:.~.::::;:J~~;-::riii;:~.; .-~"'--....!--'./'.-".d 'bdbf thO ,,,'.'_".......Sworn to an su 1 e e ore me IS 5:'':;:::..~"-:./ ~......-~'~....~.4,th day of...Q~:t9.l:!~.r ,196..3 .....i~~..·@.:·..t~~·P~bljC .. KATHERINE c.YARD,~tRl'Y Pu.blic Washington County,.elll!sylvania My Commission Expires November 1,1D65I """.l' 0 ~~VI VI ~~.....II'-I0-I :r::.....'"CD :r -a..CD Z 0iii'~~.".....:;:-I..,:r 0 ."s::S'Z mCDZ0::J n Z::J 0 0 II'a..3 -<n CD c:...0 a..Z <..,»-I ~..,..-<CD n Z(')n.....0 ~0 s::!"::J3"::J -v---...,. 0""II' CD ~ :til ::J:p-(Q ill>a..s::.:z III·~..,·::J 0·n<nCD0::::!..., ~-<::J0""(QCD-+ CD 0 CB 0 til ..~ a..CD"0~CDen 0::Ja.. VI0-<en..,.:r0..,...,.:rCD 00""0<(1) 0nn0s:: :l..... VI~.., ::J o ::Ja.. .....:r !" 100ir1~:-0:0) 100 ,.... 0c+0 '1 ..... III 0.c+..... '1 ll>..... ><"0.'"()~.tl:l c+ll>....... III ......0 '-'c+ c+....... >0. S.....::s..... til I a.. 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(,~ I ~ ~?-. w.. ~2 .~//-:;'1 ' r, .;'). ~~ :':lr,~'.Jt~,-_:,)c 'P ..) -1 --'-~<oP" '.'- :'[o::J (,0 , L ESTATE OF Attorney for Accountant No ::~~.~~!..7:..~.L And no:to wH.(ftA~.4.r;,.. 19..~.rthe within accouipresented to the Court ..................f.E.AN.~T.A~.~.MLt.G.Q .. for c/~r~a:io~A/f;//J4M Jf ~'"'~ ......~...('//IdJ!AL/~..:....... Register and Ex-Officio Clerk of O.C. !J/(T-/c;O ·........f..~.!..§..!~P~..X.~.~.~.~...............Account of .........G.9.J.9.t~p.~.gJ.;t...q.t..t..!..I A.ct.J.lli.nL~:~r T'.' .........~.!..~~.!..!.~.1.~..~..!..~.9:.~,.. PATRONO,CEISLER AND EDWARDS............................-_.__. ~ \l. ~ ~',~ ......... I 'f. ..~ !K .\'( ~ .0•• 0~:2 ? >, DEC R'E E .".( :3 '/~-1;~~ $-"AND NOW February ••••••••1969:~t.pe within account being duly called 'for audit,t.he same is hereby conformed nisi exceptions sec.rego et sec,leg;q, I and the accountant is directed to pay to the Clerk of this Court the Office fees and expenses incident to this i decree and adjudication,and therefore '.upo~the payment of $5.00 costs ot , \,confirmation and subsequent entering this decree,t.he accountant and his surety are ccordingly O~oO ...~/~r' ...(j!//~A"\(py~ ctlfi~U~l" >J ....--~'~<l (' \J I C; ~ ""t> ~h )<"" , ::t.-"':. n""- \./~ t '...:...,,,, ~,.r:t ~ ;- 'J I. .. " ,~ ,.-;' { ~.~~.~J. ., f \ ".......{i •,.. ....,. ;;. !'- ..- The Court is respectfuIly requested to determine proper distribution in this estate. PA~J C~R~itND EDWARDS By ,~ ..., " IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA ) In Re:ESTATE OF FRANK TALLARICO, Deceased PAY TR AN S CR I PT No.923 of 196~,~X~X Each of the undersigned does hereby acknowledge to have received on the date set forth to the left of his/her name the gum awarded to him/her by the Orphans'Court of Washington County, Pennsylvania,by its Adjudication and Decree of Feb~uary 5,1969 and set forth to the right of his/her name,including in kind any property awarded to him/her by the said Adjudication and Decree, from Goldie P.Bellotti,Administratrix c.t.a. personal representatfve(s)in the above named Estate;and each of the undersigned does,by his/her signature hereto,release and .discharge the said personal representative from any further lia- bility for the discharge of the obligation resting upon him by virtue of the said Adjucation and Decree. Date of Receipt --=.F...:;e...:;b:;..:r:...u=a~r.....y__L,.196-2. Signature of Distributee ~~,vt!f./!(~~k of Orphans'Court Amount Received $5.00 --' --, --' --' --' --' ---------, 196_ 196_ 196_ 196_ 196_ 196_ 196_ ------- .\ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION No.923 of 1968 IN RE: ESTATE OF FRANK TALLARICO,Deceased PAY TRANSCRIPT ~~ I, ~v'~~~ti~;:;~~")~J, (.,)J l , ", -.... LJ {.J l..:> r •: '-.J " ..; l ~ .1 !r pATRONO,CEISLER and EDWARDS Attorneys at Law llU toast l;hestnut Street Washington,Pennsylvania 15301 ,~ ,,".' ESTATE OF FRANK TALLARICO Debits: NO.923 of 1968 J.H.and Rose Thomas,interest on judgment Credits: Washington County -1968 personal property tax Angeline Sorice,Notary Public,affidavit on this audit petition $0.31 $10.25 $.57 .75 $2.32 -,,',\ ./. IfF 'I E t'"db Pt't', I fR d'No.4l2of 19€3,O.C.amI y xemp Ion c alme y e I lon,give pace 0 ecor . If F .,E t"I'd t d't 'I t'h'db'f CI'claimed by pet i t ianamiyxempIonIScOImeaauI ,give name,re a IOns Ip an aSls or alm:=~. List any advancement or distribution on account that has been made,and nature and amount of same: non e Suggested distribution of balance shown,both as to principal and income,attaching signed and itemized elections to take in kind if balar-tce is not in cosh:residuary shares being stated in proportions: ,>- estate insolvent \. COUNTY OF WASHINGTON,SS: COMMONWEALTH OF PENNSYLVANIA. The above named Fiduciary or 'representative thereof, , I I being duly f?W5?:r.n-doth depose and say that the facts set forth in the foregoing petition are true to the best of h-.~.!:knowledge and belief, .........::-.·.~'.~~~=..~:~~.!:~to and subscribed before.........F...~ .me~tGis 'tI.~.;,d6Y>Of.td:~.~P..~.~~!?~E -19 ~.~.;; . --".Q''Sig~Citure of Offic~r~__.__..':'..4:.-:p...0 ~... ,.._.'.KATHR·YN E.'RUTAN',NOTARY PUBLIC . Title ·?f Officer..:~.IJ:~~.li~.~~di.~~!.!.~!~!'>}I"Ol"iIfE·.E'oe~~.~S;...was ,n9 on,"as""'9 u "u •..It.My Commission Expires January 15,1971 Office expires ;. I . And your petitioner will ever pray,etc, b,'J'{?~ ..~•••-_.-_••••--.--'O-_.. (Goldie P.Bellotti,Administratrix c.t.a.) .~.;._~'!'~~'!'••••!••~_'O••,! \ I .:,- ~. No..~.~.~~.~~.~~..~A.A. J Estate of.~~.ANK TALLAR I CO----_..----------------_._._..':-._._..------_.------_. ••••_._-_•••_ - -•••••_-_.- --;!.--- - - - - - - - - -_.-_._. Deceased Fiduciary.§.~.~.~;i;.f?.!?.~..~.~.~,:!-.;J,9_~~.~-.s._. Administrat!ix c.t.a. -..__..--------_.----------:----_--..;:__..--_ __... PETITION SUR AUDIT FROM WHER:E DECEPENT LEFT A WILL I'I F .,.. I, ~- Counsel of Fiduciary will submit herewith the following,in conforrqity:with Court Rules adopted effective .December 3,1951,being rule No.9:pa rag ro:ph p-c;ond divisions thereof:shown on pages -23-24. /'1.Written praecipes"of all Counsel in the case. 2.Copy of ord~r appointing,Guardian ad litem,if pertinent. 3.Copy of Order appointing Trustee ad litem,if pertinent.. 4.Proof of service of above. 5.Letters Testamentary or Administration C.T.A.or an attest copy of Will. 6.Copy of inventory and appraisement. 7..Proof of advertisement of grant of letters 'if not filed with account.. 8.Certificate of liens in case any of the funds for distribution are from judicial sale of real estate. 9.Signed and itemized elections if ·any distribution in kind. 10.'Copy of Federal 'Estate Tax return if es- tate issubiect thereto. .,.·~i-('~::.~~.:.;);',')t :':':.:\.,U'c:.:~',,;:",~.;:~;:j 'J'"/'.',""• ..., /. .... .., I.' I" I" c;· l ~r PATRONO,CEISLER and EDWARDS Attorneys at Law 80 East Chestnut Stre;et Washington,Pennsylvania 15301 tl - (;,'-.1',",'l)~'1 ~\.......;t.; (J ( ( j' I ",It,j f· PATRONO,CEISLER AND EDWARDS Attorneys at Law 80 East Chestnut Street Washing~on,Pennsylvania 15301 NOT r C E In the Orphans'Court of Washington County,Pennsylvania Estate of Frank Tallarico,deceased. No.923 0 f 19 68 TO:Mr.Serafino Tallarico 922 Harold Avenue Washington,Pennsylvania 15301 Please take notice that Goldie P.Bellotti ,Administratrix c.t.a. of the Estate of Frank Tallarico deceased,filed her first and final Account at the above Number,and that said Account will be called for audit in the Orphans'Court Room, Court House,Washington,Pennsylvania,OnThursday,September 12,1968 at 10:00 A.M.,and a decree of confirmation and distribution may be entered unless exceptions or objections are filed.You may be present if you so desire but your presence is not mandatory. PATRONO,CEISLER AND EDWARDS Attorneys for Goldie P.Bellotti,Administratrix c.t.~. Dated:September 5,1968 SAME LETTER TO: Mary Tallarico Antonetta Tallarico Madosky Ida Tallarico Jarvis Lena Tallarico Hanna Jennie Tallarico Mikrut By Robert L.Ceisler Frank Tallarico Maria Mauno Tallarico Thomas J.Terputac,Esq.,Attorney for Maria Mauro Tallarico PATRONO,CEISLER AND EDWARDS Attorneys at Law 80 East Chestnut Street Washington,Pennsylvania 15301 NOT ICE In the Orphans'Court of Washington County,Pennsylvania Estate of Frank Tallarico,deceased. Mr.Serafino Tallarico TO:922 Harold Aven~e Washington,Pennsylvania 15301 Please take notice that Goldie P.Bellotti ,Administratrix c.t.a. of the Estate of Frank Tallarico deceased,filed her first and final Account in the office of the Register of Wills of Washington County,Pennsylvania,on July 5,1968 You may,if you wish;inspect the said account in the said office. PATRONO,CEISLER AND EDWARDS Attorneys for Goldie P.Bellotti,Administratrix c.t.a. Dated:July 8,1968 SAME LETTER TO: Mary Tallarico Antonetta Tallarico Madosky Ida Tallarico Jarvis Lena Tallarico Hanna Jennie Tallarico ~ikrut Frank Tallarico Maria Mauro Tallarico By Robert L.Ceisler In the matter of the Audit of Account in FRANK TALLARI COEstateof l TO THE AUDITING JUDGE: No.923 ,of 68________"19__•4.A. Enter ....:m~y_~---appearance for_--'=a::..;C=c~o'_'·u=n'__'t::..;a=n'__'t"_·_ L N.B.-Counsel shall,by separate puper,present it concise statement of each claim,with supporting calculation of any interest claimed.Objections to an account as filed,shall be concisely stated in a separate paper. Council suggesting proper distribution shall file a separate concise state· ment in that regard. ~---.~··7_""r-;:,·~--~''''--'~--r---;--~-~-.....- -..T"'"I~-----'---~--...,_... ,19~ .J ,f,~ :t•.~.r No.923 of ,.19-illL.A.A.. In re Audit of Account in Estate of • I:-i f FRANK TALLARICO AUDIT !~:-r .. fnr 'Appraraurp' .FOR accoun~ant ,.ROBERT .L.CEISLER Attorn~y ( t..'_~.:i I <;! ~.I ~::,..:f'I·~t.,• I •~f·r f'.'I..-,~1r , _':"'1;.•:~;i' .';t,~,~ -::>~! :.~)f (""~:~!, ('.'{~....~,,E-i:!~l"i".:tj, .'!'.o ".....I:',"r L l:f.:t:};fd <i.~,';i i .':';1 t ~',~r '<f l ;<~'t Irarr>jpr ,. ==========~~:~;~';~2;========:~=':': ~.'...... "..~ ·f~i.it !..!j., :. :i ":1IIj! II~1;1H~;1 ,d:1.! '-. ~I.. :1~:lI IiI .I 1i1II ·1'j ) IN THE ORPHANS'COURT OF WASHI~GTON COUNTY, PENNSYLVANIA I• IN RE: ESTATE-OF FRANK TALLARICO, ~Deceased. ) ,) ) ) ) ) ) No.923 of 1968 "... 0( ~:-I)......i:iL HEARING ON AUDIT • ...BEFORE:o~o... ii0(:: APPEARANCES:.,:., I:~D II ..J0( o g TIME: ~..l-II THE HONORA BLE P.\!INCENT MARINO, Pres ident Judge of the sa)d Court. PATRONO,CEISLER &EDWARDS,ESQS.,of Washington,Penna _,repres enting the Accountant. Thursday,September 12,1968,at 10:00 o'clock A.M.,EDST. the attorney in this:estate,and I would like to get from him a praec'pe attorneys are Patrono,Ceisler and Edwards. _deceases. MR.PATRONO: Mr.Patrono ? Number 923 of 1968,the estate of Frank Tallari 0, Actually,if the Court,pleas e,Mr.Ceisler is The Administratrix CTA is Goldie P.Bellotti and the o ffi THE C,OURT:l:oe-LIe: l-e: ::JCtV .J::vj;: II.(I•for ,appearance.I .wouldask leave to send that over this after- noon.I have here what I think are the other papers that are requir ct'. This estate is insolvent.However,the insolvency comes about by reason of the obligation on a funeral bill.Mr.Tallarico was married a second time and his second wife made a claim for widow::; 2 rights.This was the subject of considerable testimony.The speci 'c claim or th~specific qu~stion as to wh'ether or not she had any rights I - to family exemption has not been specifically adjudicated.She has received notice of this,both of the filing of the account and this was a place in West Virginia.And then notice of the audit was sent audit,and I don't know whether she is pepresented here in Court I 'u~derstand you to ~ay that the estat'e is insolve tJ.:. West Virginia.I don't have it with-me,but it Do you know where she was residing at the time •t . moot question then? to Mr.Terputac too,who had repres ented her previously. J today or not. notice was sent? . Wouldn't the question of H:e'"WJidow's right to family allowance be a "r THE COURT: MR.PATRONO: THE COURT: e «z<>.J>Ill'ZZIIIQ. i0I-0Z XIll,<~ ..:ua:: I-III•0 .J< ~o· ::J..., ":t.. j "<II comes ahead of the funeral bill. the funeral bill.The question would be whether the family exempti n: insolvency arises by reason of the obligation of the estate to repay ,. ItiII •III , .~MR.PATRONO:oQ. III II I-a:: ::Jo() oJ<I: () ii:u.o Well,I'm not sure that it would,because the THE COURT:I imagine that it does,unless it were'ordered by the widow,and it hardly seems possible her e under the circum ·stances. MR.PATRONO:•I am sure it wasn't. THE COURT:She's been notified? MR.PATRONO:She has been notified. / ~=====tr======================!==~3 THE COURT:And the letter was regularly delivered in the mai ? It didn't come back? MR.PATRONO:It must have been;it didn't come'back.The firs letter,the letter pertaining to the filing of the account was sent on July 8.That one was sent only to her.The second letter notifyi g of the date of the audit was !Se,ptember 5.That was sent to her and also :to Mr.Terp:utac. THE COURT:The question that comes to the Court's mind is whether or not Mr.Terputac would have been able to contact his former client and part of this week. ..I think that Mr.Terputac has been away the earlkr He told me he was going to be away on a trip,aI d I don't know whether he has come back yet or not.He has a 'case listed for tomorrow.I think we should permit under the circum- stances here,to have Mr.Terputac review this matter with his client.We will give him ten days to determine whether or not his .client is actually going to pursue the matter of the claim.for the widow IS allowance.Are there any other claims,Mr.Patrono? MR.PATRONO: THE COURT: decedent's estate? THE COURT: No,I believe not. Is there anyone e Ise in Court interes ted in this (NO RESPONSE) The audit of this account is ordered closed with the exception of the one matter concerning the widow's allowance, which has already been disposed of. (AUDIT CLOSED -I:JL&I •I: • ..;; l-I') :!: :I:., 0( ~ ..:.J ~ t-III•,j .J( 'J J J.., ::,.., I hereby certify that the proceedings and evidence are co"ntained fully and accurately in the notes taken by me on the hearing of the above cause,and that this copy is a correct transcript of the same• ,. -I:~The foregoing record of the'proceedings upon the hearing of the 'J .J:( .J above cause is hereby approved and directed to'be filed. L j LJ \ ., ..WARRANTY DEED-Lo.ng Form-T Printed and for sale by Sutton Printing Co.,Waynesburg,Pa. I'orm 1011 •ttl nbentnre, Made the 19th·day ~f .April in the year of our Lord one thousand nine hundred and forty-seven (1947). 'Betwun FRANK TALLARICO and CLARA TALLARICO,his wife,of Washington, Washington County,Pen~sylvania,'parties of the first part, AND CLARA TALLARICO of Washington,Washington County,Pennsylvania,party of the second part;Witnesseth,that the said parties of the sum of One ($1.00) of the first part,for and in consideration Dollars,lawfu.l money of the United States of America unto them well and truly paid by the said part y of the second part,at and before .the sealing an~delivery of these presents, the re~eipt whereof is hereby acknowledged,have granted,bargained,so.ld,aliened,. of the second part,her enfeoffed,released,con'veyed and confirmed,and by these presents alien,enfeoff,release,convey and confirm u?",to the said part y heirs and assigns, do grant,bargain,sell, AU the following described lots of grounq situate in Jefferson Township, Greene County;Pennsylvan,ia,and boeing Lots 9,10,24,25,26 arid 27 in' .. the plan of lots known and called "THE_FAIE GROUND'ADDITION to the Bor0ugh of Jefferson,said county and state,and which plan is of recDrd in the Recorder'f s Office of said county in Deed Book No.272 page 1,and said lots being bounded as follows,to-wit: FIRST:'BEGINNING at the Northwest intersection of Washington and Jefferson Stre€.t;thence in an Northerly direction along Jefferson Street 100 feet to Locust Alley;thence in an Westerly direction along Locust Alley 80 feet to Lot No.8;thence in an Southerly direction along Lot No.8,100·feet to Washington Stree,t;thence i- f ' ' I [ in an,Easterly jirection along.Washington Street 80 feet to Jefferson Street,the place of BEGINNING • .BEING Lots 9 and 10 '1n the Fair Ground I a Westerp,ly! , IinaSouth- BEGINNING at the NorthwestSECOND:...~ inters~ctlon or-,:'Flrst Street and Jeff,erson St~eet;thence ,in direction 160 f;set to lot No~'28;thence along lot number 28~ ·'v (~~~~I Addition to the Borough of Jefferson. • IJUly21,1~,21 and recorded July 23,1921 in the Recorder's Office of Greene County,p'ennsyl'vania,in Deed Book Vol.291 page 96,(2)dated February 2,1920 and recorded M.arch 31,1920 in the Re'corder's O'ffice of Greene County,Pennsylvania,iIi Deed Book Vol.275 page 138. erPr~direction 100 feet to Lqcust Alley;thence"along Locust Alley,160 .1\ feet'an EasterNly direction to Jefferson Street;thence North along i.1 f'.'1\I 1 Jefferson,Stree~oo feet to,the place of BEGINNING.I • j "I,<;',BEING lots number .24,::25,26 and 27 of , I I!""'~,O~·..I the Fair Ground Add;L tion to the Borough of Jefferson. BEING the same lots of gro.und conveyed by John J.Koebert,'Trustee,~:toFrank Tallarico by two deeds (1)dated ~~f I i I fi j '- ..... 1I ,"ji,j i '! ","'" --~~--_:-::-~~.::..~-::-::::::_..-~-=--=~-----"-.-, ~---7rCC"---~"c~=-=-c~- I v Together with all and singular the said propert?J,.imp1"OVements,ways,water's,water courses,rights, liberties,privileges,hereditaments and appurtenances whatsoever thereunto be~onging,or"in anywise appertain,ing,and the reve1"sions and remainders,rents,issues and p'rofits t!wreof,and all the estate,right,title,interest,property,ctaim,and demand whatsoever,of the sc~id par~ies of the first part,in law,equity or otherwise howsoever,of,in and to the same and ev~{1L part ther'eo!, To Have and to Hold the said described property ~ I.J Signed,sealed and delivered in the .presence of ~~.....~...__~__~~__~_ . ---"':"L _ hereditaments and premises hereby gmnted 01"mentioned,and intended so to be,with the appur- tenances,unto the said part y of the second part,her heirs and,assigns,to~and fOT the onl?! lJ1"OpeT use and behoof of the said paTt y 'of the second paTt,her heirs and assigns fOTever', FRANK TALLARICO and CLARA TALLARICO,'his wife,the said paTt ies of the first part,for their heirs,executors and administmtors do blJ: ithesepresentscovenant,grant and agree to and with the said part y of the second paTt: her heirs and assigns,that.they the said part ies of the first part,and their ' heirs,all and singular the hereditaments and premises hereinabove described and granted or men- ctivned,and int.ended so to be,with the appurtenances,unto the said part y of the second part, her heirs and assigns,against them the part ies"of the first part,and their heirs and against all and every other person or persons whomsoe'ver lawfully cla'iming,or to claim: the same or any part thereof, shall and will warrant and forever defend. In Witness Whereof,the said parti es of the first part ha ve to these presents set their'hand s and seals Dated the day and year first above written. F[,-;-7,-------=--:r~---eCz:"~'£~J~._~ .------~~._----~--------~-_:_-----_:~---~---------~~---~-~---~._~---------~~-----------~ ---------------------------~-~------------------------------------------------------.-~ '. • I . L·I .Received the day qf the date of the abov.e Indenture 'of the above named 11!. the sum of Dollars,lawful money of the United States,being the c01~sideration money above mentioned in full, •.,,><....1 Witness: ----~------------------------------------------------------_..~--------------- u I i il!. I I !.'I ri I~ !' ·l.A '"~ .! STATE OF PENNSY::'VANIA,}ss: County of---~------ On this 19th day of April A.D.1947 before me,the subscriber, a notary public in and for said county and state, .personally came the'abc''IJe named FRANK TALLARICO and CLARA TALLARICO,his wife, to me knovm,.who in due form of law ackno~ledg~~the fore- going Indenture to be their act and deed,and desired that the same might be recorded as such. Witness my hand and notarial .' seal the day and year aforesaid.c:.~-------------------~t-m-r--P-~'biI~-------- My commission expires~-_~-4-.L~&"I, 72 I certify that the recise residence address of the grantee in this Indenture is Work Avenue.Washington.Washington~.;e~ania ._ + I I 'I..4"i Ii .. ,.-"-~'-'l i c:x:H .. Z ,~~' o I>~ Cf.)H~~~o ~E-t ~AI'~<I:f:il Z '1"\ E-t 1-1 ~(i::l~E-t E-t p..'"~'~Cf.)"~ l>!~0:;tr.lP:lP:;rill>!ot:;)~~P:;p:jOZt:;)(/)~O::~~ E-tOOI2iZE-t ~OE-tNC:x:~~""== -..,..,.,..<,..',.~.;t ';·"!"""""':~:".I~;"".'._M"'-'.•:'t~~.a:~?'",.-, ;..•...:.---.:---;--.----.•.<-1i-~""4"-.~'~...;~~ft:-·~.-••_t__.._.,_:_.~__,.~~·-:::.~••:....~~.""~."':':~·~.,.-...~'.~.-:::-u-::~~;-~~.t'r~".·14~L_.i -II !Ctl .'.II ..'>,.~_.~....i..:l .'0 ...... ,0 0 .,..,,/:t...."H ......~.-I rcli g>,-,0:;1""1~.;s::I Ct-t c:x:f-I:\J",U ~:ro;.~A ~~H to~J ~}.0 ~:~~Jl-I-..)IIIIf 0 .{I).c:x:"E-t Jl-I t{~'~.m ~:8.~.~tC.\'.,'....,H".~~'\..)~H 0 H . ~o.0•E-t H.0:; ..~c:x: \c:x:~ l'•0:;~ '\1 \%.i E-t ~.~. r., f 'r-- I coun;~T::_~~:__JSS:. Recorded on.this .2.L~day Of--------~-----------------!:~--- ..---•,-.'• 1I'l~"~, A.D.19-1.2 in the Recorder~sOffice,of said County,in Deed BqpTs,---l:~:"~'-.~..c,JL3S-rtd..\'..-:-,--:Vol..1.~_~,Page-------lJ--...'...\.-.;~ ,.--:.: \,.'. A .,Given under my hand and the 8e2i~:.;:::;;:;~:::::,: .~'"' "J.'.r r.::c=~.___.~___o.._.__."~~__~_ 1 , ,, 1 • THIS DEED MADE the s-rl,day of November,A.D.1956, -between- CLARA TALLARICO,of Canton Township,Washington County,Pennsyl- vania,grantor, -and- FRANK TALLARICO and CLARA TALLARICO,his wife,of Canton Town- ship,Washington County,pennsylvania,grantees,as tenants by the entireties, p WITNESSETH,That in consideration of ONE DOLLAR ($1.00)in hand paid,the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantees,their heirs and assigns,ALL those four certain tracts of land situate in Canton and North Franklin Townships,Washing- ton County,Pennsylvania,and more particularly bounded and des- ~ribed as follows: FIRST:ALL those four certain lot's of ground situate in Canton Township,Washington County,Pennsylva~ia, known and designated as Lots Nos.375, 376,377,and 378 in the Canton Land Company Plan of record in the Recorder's Office of Washington County,Pennsylvania,in Plan Book 2,at Pages 102 and 103,and more particularly together bounded and described as follows: The said four lots together front 120 feet on the south side of Weirich Avenue and extend back there- from,of even Width,150 feet to an unnamed alley;each lot being 30 feet in front by ISO'feet deep;the whole parcel of four lots being bounded on the East by Lot No.374 'in the said plan,and on the ,West by Lot No.379 in the said.plan. SUBJECT,NEVERTHELESS,to the following: 1.The reservation and exception , of oil and gas made in the deed of Benjamin M.Clark et ale to' ). ( BOOR 978 ~ut 472 ,,,,", Thomas G.Allison dated August 3,1900,and recorded in the said Recorder's Office in Deed Book 246,at Page 330. 2.The right of way for pipe lines for either oil or gas then existing made in the deed of Thomas G.Allison to the Canton Land Company dated September 25, 1900,and recorded in the said Recorder's Office in Deed Book 254,at Page 303. 3.The reservation of coal, together with the mining rights set out therein,made in the dedicatory papers of the Canton Land Company Plan of Lots dated 'September 2,1901,and recorded in the said Recorder's 0tfice in Deed Book 270,at Page 426. 4.The exception of petroleuM, oil,and 'gas made in the several deeds by the Canton Land Company for the rots making up the tract above described as tract "First" as follows:' (a)Lot No.375 --deed to M.F.Wolf dated October ,1912,and recorded in the said Recorder's Office in Deed Book 396,at Page 357. ,(b)Lot No.376 deed to Daniel Staley dated November 30,1910,and recorded in the said Recorder's Ofrice in Deed Book 382,at Page 104. (c)Lots Nos.377 and 378 --deed'toJ.L.Booher,Homer Crumrine,and J.M.Dunn dated Jan uary 22,1902,and recorded in the said Recorder's Office in Deed Book 269,at Page 508. 5.The exception of coal under- neath the land conveyed in the above mentioned deeds of Canton Land Company to ~.F.Wolf and Daniel Staley. BEING the same lots of ground which were conveyed to Clara Tallarico by the following deeds: ," ",,1.Lot No.375 --deed of Walter SOOK 978 PAGE 4:3 C.Beatty et ux.dated April 2,1946,and recorded in the said Recorder's Office in Deed Book 710,at Page 57. 2.Lot No.376 deed of R.W. Parkinson,Administrator of the Estate of Daniel Staley,dated February 26,1935,and recorded in the said Recorder's Office in Deed Book 598,at Page 649. 3.Lot No.377 --deed of Bernice A.Day et al.dated July 11,1945,and recorded in the said Recorder's Office in Deed Book 696,at Page 24. 4.Lot No.378 --deed of Ben H.Bell dated January 9,1942,and recorded in the said Record- er's Office in Deed Book 652,at Page 674. SECOND:ALL those four certain lots of ground situate in Canton Township,Washington County,Pennsyl- vania,known.and designated as Lots Nos.366,367,368,and 369 in the Canton Land Company Plan of record in the Recorde.r's Office of Washington County,Pennsylvania,in Plan Book 2,at Pag s 102 and 103,and more particularly together bounded and described as follows: The said four lots together front 120 feet on the south side of 'Weirich Avenue and extend back there- from,of even width,150 feet to an unnamed alley;each lot being 30 feet in front by 150 feet deep;the whole parcel of four lots being bounded on the East by Lot No.365 in the said plan,and on the West by Lot No.370 in the said plan. SUBJECT,NEVERTHELESS,to the following 1.The reservation and exception of oil and gas made in the deed of Benjamin M.Clark et ale to Thomas G.Allison dated August 3,1900,and recorded in the said Recorder's Office in Deed Book 246,at Page 330. 2.The right of way for pipe BOOK 978 FAGF 4:74: ,, ,... lines for either oil or gas then existing made in the deed of Thomas G.Allison to the Canton Land Company dated September 25, 1900,and recorded in the said Recorder's Office in Deed Book 254,at Page 303. 3.The reservation of coal, together with the mining rights set out therein,made in the ded- icatory papers'of the Canton Land Company Plan of Lots dated September 2,1901,and recorded in the said Recorder's Office in Deed Book 270,at Page 426. 4.The exception of petroleum, 011,and gas made in the several deeds by the Canton Land Company for the lots making up the tract above described as tract "Second"as follows: (a)Lots Nos.366'and 367 --deed to S.Murray Pollock dated February 24,1911,and r~corded in the said Recorder's Office in Deed Book 433,at Page 283. (b)Lot No.368 --deed to Frank Mamfrad dated August 2,1902,and recorded in the said Recorder's Office in Deed Book 452,at Page 139. (c)Lot No.369 deed to Frank Manfrad dated December 9,1905,and recorded in the said Recorder's Office in Deed Book 452,at Page 141. 5.The exception of a right of way tohaul coal under the surface of Lot No.369 reserved by the Canton Land Company in.its deed to Frank Manfrad dated December 9,1905,and recorded in the said Recorder's Office inDeed Book 452,at .Page 141. 6.The conveyance of the Pitts- burgh or River Vein of coal,together with the mining rights ,set ,' BOOK 978·PAGf -4 5 out therein,made in the following deeds: (a)Lots Nos.366 and 367 --deed of S.Murray Pollock et ux.to Grant Moninger dated July 31,1923,and recorded in the said Recorder's Office'in Deed Book 511,at Page 453. (b)Lots Nos.368 and 369 --deed of Frank Mamfred,alias Frank Manfred,to Grant Moninger dated December 11,1923,and recorded in the said Recorder's Office in Deed Book 515,at Page 69. BEING the same lots of ground which were conveyed by Tony M.Comfort,Administrator of the Estate of Frank Manfredi,also known as Frank Mantrad,to Clara Tallarico by deed dated June 21,1955,and recordeQ in the said Recorder's Office in Deed Book 933,at Page 126. THIRD:ALL those certain lots or parcels of ground situate in North Franklin Township,Washington County, Pennsylvania,in a plan of lots laid out by James S.Stocking and known as "Ka10rama"which said plan is of record in the Recorder's Office of Washington County,Pennsylvania,in Plan Book 1,at Page 85,and known as all of Lots Nos.Eight (8)and Nine (9),and the eastern thirteen feet of Lot No.Seven (7),all in Block "D"of said plan,and being bounded and described as follows: Bounded on the North by an unnamed stree Thirty (30)feet Wide,and a Ten (10)foot alley,on the East it runs to a point,on the South by line of land now or formerly of A.S.Ritchie Estate,and on the West by the western part of Lot No.Seven (7),the western line of land herein conveyed being a line Thirteen (13)feet equidistant and westwardly from and parallel with the dividing line between Lots Nos.Seven (7)and Eight (8),Block "D",in the plan of lots aforesaid. BEING the same lots of ground which \IIi BOO\{978 p £,476, ". were conveyed by Mary E.Leeper Hillberry,divorced,to Clara Tallarico by deed dated September 2,1947,and recorded in the said Recorder's Office in Deed Book 732,at Page 440. FOURTH:ALL that certain lot or parcel of ground situate in Canton Township,Washington County,Pennsyl- vania,bounded and described as follows: BEGINNING at a point in the public highway leading from the former Children's Home to Pennsylvania Route No.18 at a point 3 feet West of a bridge which is placed across Chartiers Creek;thence for most of the distance follow- ing the said road South 740 West 205 feet to a stake situate North 64 0 East 24 feet from an Ash tree;thence by lands now or formerly of J.W.Hervey North 21 0 West 297 feet to a Linn tree near the bank of Chartiers Creek;thence by same and crossing the creek North 680 6'East 165.2 feet to a point on the farm line;thence by lands now or formerly of the Petroleum Iron Company and again crossing the creek South 280 East 320 feet to a point,the place of beginning.CONTAINING 1.3 acres according to a survey made by William Wylie,C.E.,on the 6th day of August,1925. ,SUBJECT,NEVERTHELESS,to the follow- ing: 1.A conveyance of the Pitts- burgh or River Vein of coal,together with mining rights,made by Jane A.Hervey et ale to F.L.Robbins by deed dated April 28, 1900,and recorded in the said Recorder's Office in Deed ,Book \ 252,at Page 306.f' ,,2.A deed of a right of,way by ~J.W.Hervey to the Canonsburg Electric Light,Heat and Power.. Company on May 31,1909,and recorded in the said Recorder's "'. BOOK 978 PAGE 4:7 Office in Deed Book 381,at Page 506. BEING the same tract of land which was conveyed by Albert Cumberledge et ux.to Clara Tallarico .by deed dated April 11,1949,and recorded in the said Recorder's Office in Deed Book 754,at Page 340. This deed is made without actual consideration for· the purpose of creating a tenancy by the entireties in the0 grantees. And the said Clara Tallarico,grantor,.will warrant specially the property hereby conveyed. .IN WITNESS WHEREOF,the said grantor has hereunto set her hand and seal,the day and year first above written. Sealed and Delivered in presence of ,. ~I.". COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON On this srb ss:•. day of November,A.D.1956,before me,Kathryn E.Rutsn,the undersigned authority,personally appeared CLARA TALLARICO,known to me (or ,satisfactofily proven) to be the person whose name is subscribed to the foregoing instrument,and acknowledged that she executed the same for the therein contained. IN WITNESS WHEREOF,I hereunto set my hand and seal. 421 Washington Trust Building,Washingt0n Washington County,Pennsylvania My Commission Expires January 15,1959 /t // J / ~ .'i 1, I \' I Itr iI ti' t • I l•;J t J ~, Ir I- rI~] _---'-_~---"'.l--. ~ ..... at.1'::a.•,'1.;';- .....•r.:no• •.",;:)C\S • •c't a..• •..."'~ ::1 ....••() o ~. •(..).....'e .-.!"".:.(';'$"":-....'.') "'C,).'e ..c:::Q •~~.C\S .'1'.•.s:::c .'V.(.)0.0 •,._~ t-~:".~-~o "'.01 .......-.•s::::l!J;'.".(.CI,)"'-,,I'....f:.s:::-t;.I.r".....ctl .-/.1.::::...'.1\C.~.s :s :!:::~:r..c •'..:£i ~~" x ctl ==WC~is(.;) ctS..., "'1'..;.-': " ~00 ~~ "~l-.00 '03::::>c:>•;:lI':: il i.• I~:p... I' j,t")-.. ,. ,... " ..h _ t;"J. .. I ');;~ (, ~:.:: .',D·.:<"-~ ~~ to l ";ic->C'"(~...-')~··~.D·,E E-.:;...1 ~:.~c::- - t)-,"\ ;'-\ 'lNA..;i·'UJ""LoIUl'J tRU.)1 J:lU1LUlNU FRANK TALLARICO ET.UX. -to~ CLARA TALLARI CO ~3;.978-471 WASHINGTON,PENNSYLVANIA McCLOSKEY,PATRONO AND McCLOSKEY ATTORNEYS AT LAW ~\.......'.'<-Dated Nove~ber·~--··~·.·<19.$q~ ,1 -,i \'C--;':,....) Recorded,\Vol.L\Page.1'- I hereby certify that the precise residence of the Grantees within named is 72 Weirich Avenue,Wash- ington (Canton Township), Washington County,Pennsyl- vania. :IlCl~~~~\~ ~ '~(..~--\ o C/) rJ).. 2:o<: ~ 0" Cl> I-J Q, $I), t<f o"1l t:I• >. .. ~\J'\ 0'.. ~00-"1l CD tT(l)p- $I)(!) t-' CO0~"1l ..... 0-tTp-() (l)0s::CO ::s$I)tT.....t<f0-.. 0 ..... "1l ::st;.....t:I()(!) (l)(l)•0- tx:l00~.. <:0t-'• " ~~\~~o-~~1J ~.~~ ", :'1 ;:;,.~7~t~f~{;~i~}i~~j_;l.:·;';,r',g •1.••_-;":1:"~\~?...t<J~~..~!:..:'('"1":.,:..~.:.j:,~:.\...\...,.J!",.:;"'..~......,~...,"':J 1 t;O'• ...~il",'~t ..""'.>.. :';;:"'~;':~~.:,;.~J ,;;~~-f;:.~.:.'.,p ~~'.'"0,;;',,".'l.1·'"',......'.(;;);Q 2: j .,•I ".,.'.•'0 :E:,,tr,',::r··.lf,:~·P,'"'11 t1"!:Ee .....,~.:',,'j ..i...f '.Ji .,......... .~~.J..'~.,..X .',.w '.-'-':_.....-JI.~.I....,..""'I';._..... .'.'0 ll',:•\., •~l-";tft'1-3 t"4,C::.l'~,•,.....~,~.j""kl t-3.'d;\,.;\\<..;:;."i~;;;;J~'.,=I:Il "fA .:•..~~~~~~..,,'0..J.....:'::;-:"'!t:.;;;;~"".').\II •t:g 0 l't1#~~...l~~~:t~".'..Dc't-:tj'~""'0 tJ ....:t.~.O :E:'/.'~,0":.p-~.,.,'"J 1»0 '"~':.......,•..•"'••••'(1)Q,C/)l::tj '.'<:(l)I:Il 2: '(1)..:tl 0-H 2:'::s (l)2:C'/.t '"()0 Cj)k:ls::$I)0 ::s t-3 t-'::s OQ ~0 <: Q,(1)0-tT !2l > (1)(1)p-,2:~~~.....H -J ..to >a ......to t<f 0 F . tT "1lI»"1l::s •.....Q,() .'(!) ." ., jL" ,--, .J Crumrine-Law Blanks Washington,Pa. This Deed fIlIlalrt the ~..r.b day of ~9..y..~~~.~.~.'-_._in the year Nineteen hundred and..F.ir.t:y.~.six.....(195.6J.,_.., iletmttn CLARA TALLARICO,of Canton Township,Washington County, Pennsylvania,. .' ...., ,.....':;. ". grantor ,and FRANK TALLARICO and CLARA TALLARICO,his wife,of Canton Township, Washington County,Pennsylvania,as tenants by the entireties,. ,[ grantees; IlitnrlIlIet~.That iw consideration of ONE'and no/IOO ~-~------- - - - - - - - -..--..- --- - -..- - -eo ..'..('$1.00)Dollars in hand paid,the receipt wher,eof is hereby acknowledged,the said grantor do es hereby grant and convey to the said grantee s ,ALL the 'following described lots of, ground situate in J~fferson Township,Greene County,Pennsylvania, and known as Lots 9,10,24,25,~6,an~27 in the plan Qf lots ,.'.... known and called THE FAIR GROUND ADDITION to the Borough of Jefferson, sai~coun~y and state,and which plan is of record in the Recorder's ...:.-------~--_.....,...,,--.-.-..---._--.,...-..--....---'"'"_...--"",-.•--_...--~- Office of said county .in Deed Book 272,at Page 1,and said lots be-....,.I !ng p~~ded and .described as follows,to-wit: /FIRST:Lo~s Nos~9 and 10: .'. BEGINNING at the Northwest inter- se~tion of Washington and Jefferson Streets;thence in a ~ortherly • direction along Jefferson street 100 feet to Locust Alley;t~ence .in a westeriy dirf:'ction along Locust A:lley 80 feet .to Lot No.8;th~nce. ..'-.~'...-. in.a Southerly direction along Lot No!8,100 feet to Washington ~treet;thence in an Easterly direction along Washington street 80.'. feet to Jefferson street,the place of beg~nning. r SECOND:Lots Nos.-24,25,26,and 27:·BEGINNING at the North-' , -' ~? west intersection of First and Jeffe.rsen Streets;-thence in a ,West-...'...~,, 'e~ly direction 160~..feet -to Let No.2~;'thence along L~t,-No.28 'in a Southerly direction 100,feet to Locust Alley;thence along Locust.-.-...--..-,." Alley 160 feet in an E~sterly direction to Jeffer~on Street;thence Northerly along-Jefferson Street..IOO feet -to the place of beginning. •I..."_..'~..., BEING:the ~ame lots of ground which were conveyed by Frank Tallarico et ux.to Clara Tallarico by d~ed dated the 19th day of April,1947,and recorded in the said Recorder's Office in'Deed, ,, Book 435,at.Page 74 •.. T~S DEED IS MADE wltho~t actual.consideration for the purpose of creating a tenancy by the entireties in the grantees• .. -- --.-- - --- -.--- -- ,----.--.... ~"', I,. :,..........=---~.~,......",,--+:t........,;.......-"'P"...,~.."""\'"~...I.'"1..0 \;~,,.t·•.\""':"5'"iii-,..~~..~"".n:"----t '" And the said Clara Tallarico, specially· will warrant ~the property hereby conveyed. lin IIttntBB Ifqtttof.the said grantor ha s seal ,the day and year first above written. grantor, hereuntoseL..her _hand and I Sealed and delivered in presence of _.~_E,~.._. ~tntr nf Jrnnnylnnnin ~...BB.ennunty ·nf WASHINGT.ON .. ('/~t .....~~~Seal) .(Seal) ........................................................................................................(Seal) ..................................::~.;:.~:~._:(Seal).. ................................................................................................·(Seal). .....................................__(Seal) .;c On this,the :.:.:..s.i:h day of._:No.:v.~mb.er.,195..6.,before me,_Kathr.yn E R:u..t.an ,the undersigned officer,personally appeared CLARA TALLARICO, known to me (or satisfactorily proven)to be the person whose .name is subscribed to the within instrument,and acknowledged that she executed the same jor the:"pur.poses therein contained. In Witness Whereof,I hereunto set my hand and official seal. -421 w~~T~a;rli~~;~:r~on. Washingt~n····e~Wl'ty,····-p-enrrsylvan:t!i·.< My Commission Expires J".anUar.7 1S~~95.9..--~ j J~K;dBJ60U3~·S IBP!110 'pUOlUl;JCH aun:nb:mr ........;<;""-f-e':-~,...alB.a ............•..•.:;/..~lqj4x3 .'Bd '.~fi1no~UOlfju14sEM 10 pnoJ s,UB4dJO ·a4l uJ, I ''-,/' ~tutt of JTrnnsnluauia !.. ,/,.,'ss.C!raunt1t of ~:.~..::J '\.: ..n~..\~~~:-"• C ~'_.' ':""O,...n t,~is;'the :..day of ····..···,195 ,before me,..~::,the undersigned officer,personally appeared .-, known to me (or satisfactoril{'proven)to be the person whose name subscribed to the within instrument,and acknowledged that for the purposes therein contained. In Witness Whereof,1 hereunto set my hand and official seal. executed the same / .........................................u ~•••• My Commission Expires _._.. ,'"~ -~1-""..:"......~J',......,.......~:..........._---~....~,......._~~.....-._-~:;...-~~~...------~-"~....,--...,:-.--...-..........~.__.~-..,._-~ _·~l-=-__•__ .....,,...J;....=.,...,~......~••...,-t'';'-''''~.~C'..'.....,~I ,,-'~.'"-',r iIi--........... ~, \I.CY ~I I "<::J OJ'..I'?'\~~/,~~~"v \J ~'~:",~s ,~.~.(~<~'..~~ LI.~~'<.~~r__..,,~~~~'.~'.~~<S-J <~"0,.·.V c.y "'" •'"<".~ ~ ~ -, ~ E-i1Pill d 0'Hi s·~ <lii • ~~0."""t 1h HiG>i.0.:~I>!o~ ~'10.... I::ll:::l . I • I .'"l !n,d:aJ............,O'J ~~;~Q',aJ!~.'10 ......:3:;, '10 ~,d !~.~I::l G1 ..H"',~cd-iPa '10 '10 i3:rt.'!G1"'ft ~..~....·SI:i'~~..-I !.~."<:i,)......,d:--t:.~(I)fl:<D....",,~QP-i .....~~! I::l-~<D 0:.. --t:~I>E-i !!»....~<.iP~~~~i~o ....b.o,d 0 i::S~t 'Io~~8~"'"~HaS i'10 ?-...........-I 0 :~.~...t::>C Q)....,~O ~~'Io~~'fP '"'10 '"~!tlO<:i.l --t:~N 0 i~~.......~t--P!'M ;i~! j .~.rJ !' !i ./>l1J ~~·Cl • .J s::~~.~',"10:;;:l IV . :>!Xl >;'tl:>-s:::::n:s +I >.\'"IV.J~~Io....l..s::ZIVI-~o Ul s:: et:~0 C I-S::'b,o 0(~s::'b, C1.t:~t:~«Ul:!:>IV Ul III ~111o~....~....en C\J s::0 <t l..J :l (J~0et::~ ...-,-------.2:') .,. ~----..-..,......~.......~~;.- ", ~nnst!luania !ss.:d .JP/l /'),IJ.IJ ~.....:'A.D.·gtatta ~.,~..'",~,tJ day of..... l!lnunty nf ,Reco'!..ed on this·_./..·:_~~·:;..:f the said county,in Deed Book,. 190..1:.,in the Recorder s :s 7 t::....!j.7]o Page......................12'_....._..,.e-roz....d se l of the .I 'd ffic '" hand an ......._Given under my ~'~;der " '\~.,; .~\ ~_..', ~-- 7' '" '1' MADE ·this.'\.~ '"mISAGREEMENT, ~~day of "Ottd'~b 1962, I I./ FRANK TALLARICO'"of ~34 Weirich Avenue,WasJ;tington,Washington ~,. County,Pennsylvania,herein called HUSBAND, ...~••:....·....f .;AND',•.-...."".4....."_" !,~UROMARIA TALLABICO,of the same address,herein called WIFE, ! -WITNESSETH; W~EAS,the HUSBAND and WIF'E were duly married on November 5,1960,and WHEREAS,the \lJlFE 1s desirous ot returning to her home.. land in the Rep~b11e of'Italy for reasons of health for an in... definite perlod,.and WHEREAS,the HUSBAND and WIFE are desirous of entering an Agreement in whieh,fair and reasonable p~ovision for support I of the WIFE by the HUSBAND shall be 'e:rrqed.., NOW,THEREFORE,IT IS MUTUALLY AGREED BY THE PARTIES HERETO,as tollows: 1.That from the date hereOf,the WIFE shall be'.en- titled to return to her homeland where she will live at Vico'....'..... I ., IGar1baldi,in the Town Qf Savelli,Province of Oatanzaroot in the!.," Republic of r.taly,spparate and apart from the HUSBAND. 2.The HUSBAND shall pay the WIFE the sum of Thirty~. Dollars ($30.00)in money of the United States ot Amerioa each ,rnonth·,beginning with the day on which the WIFE shall depart from ithe Uni ted States and continuing therea~ter on the fifth da.y of l ..,.....jthe succeeding-month and 'On 'the fifth day'of each'month thereafter I .' .,.'...';",..!until this separation 1s concluded"or this agreement ·1s oth~rtdse : "~terminated~~or the maintenance and Support of the said WIFE. 3.The HUSBAND,simultaneously with the execution of ! ~his agreement,shall deposit with the WILLIAM AFFA~IGATO AGENCY th ~umofThreehundred.seventy·and34/).00 Dollars($3'70.34)which stUn !: sha.l1be held in escrow bY the'said Agency and applied towards the ..urchase of passage either b.Y air or boat from Italy to United tates by the WIFE in the'e~ent she should decide to return ,to the .,...- I Uhited states.upon her definite decision not to ret~rn.the said 1I money held ;n escrO\'1 shall be returned to the HUSBAND. 4.The HUSBAND agrees while this agreement is in full force and effect he td.+l not initiate any proceedings tor a d1. vorce from the WIFll. 5~The WIFE shall accept the provisions herein made I I in lieu of any and all claims for her ma'tntenance and support ,during the period of separat1on~ 6.The WIFE shall notcontraet at any time 1n the name of the HUSBAND or in any 1Il$.Y subject him to liability for any de bt,vl1 thout the hus band's expre ss permiss10n in writing• IN WITNESS~-JHEREOF,the parties hereto have set their hands .. and seals the day and year first above ~ritten. .jl '" Witness: 'COMMONWEALTH OF PENNSYLVANIA)..)SSt COUNTY OF ntEGHENYF!).. On this,thetl/lftay ofMkze~,1962,personally appeared FRA~TALLARICCl and MAURO MARIA TALLARICO,his wife, 'known to me (or satisfactorily proven)to be the persons whose names are subscribed to the within instrument,and acknowledged that they executed the same for the purposes therein contained. In Witness \aJhereof,I hereunto set my hand and official seal. t., .". .1 .~ -r" FRANK TALLARICO ~..,t c...CDii.(Q."-.0.0• •c:.~~ :~:en :~Cij-.-o •U.....-,,-:~:0 '!Cod .' :E:Ht-tt-t""-J H~g ~ ~fij ~t-3t-3qCJ)tJ::- •~~t-3CJ)::d l:'f H •tJ::-Q>Q 0 tJ::-•::r:t.:J:j t-3 I-'0 I '"tJ::-..~.~~ !~~;}!!, II i >:0-• II -'.0, 1I II f.. -. and MAURO MARIA TALLARICO ·A G R E E MEN T SAMUEL V.ALBO,Esq. 1703 Law &Finance Bldg. Pittsburgh 19,Penna. P.O.Naly Co.,LawBlank Publishers.416 GrantSt.,Pgh.19,Pa.,-~ ~.. ,; .i. -o .~teL. :::1 ~o >-UC: (I):::1 ""0c:(,.) ~.r:.c:Q.,OCSg, CD:E..c:(I)_CI:I c:3=-:s . .-CD.c:,..zQ .I Cl)c: Ci3 ::::lc:ruCl:S.... ~~ 'f ,. BOOK1160 PAGE613 .. ~) AGREEMENT--..._------- -between- FRANK TALLARICO,of Canton Township,Washington County,Pennsyl~ vania,herein called th~"Husband'.~,party·of,the,first part,' ." -and-.... CLARA TALLARICO,of Canton Township,Washington County,Pennsyl- vania,herein called the "Wife",party of the second part, WITNESSETH, WHEREAS,the parties are Husband and Wife liVing in matrimonial relationship a't the address 72 Weirich Avenue,Wash- ington,Pennsylvania,which place of residence is located in Canton Township,Washington County,~ennsylvania,and WHEREAS,the Wife is the or;mer of sever~l tracts of real estate in Canton Township and North Franklin Township,Wash- ington County,Pennsylvania,and in Jefferson Township,Greene County,Pennsylvania,and NOW",THEREFORE,IT IS HEREBY"MUTUALLYCOVENANTE:D AND AGREED: 1.That the Wife shall execute and deliver to the Husband deeds of special warranty for the conveying to the Husband and Wife of all of the property now owned by the Wife,by virtue of which said deeds the Husband and Wife shall hold the predeceases him. .. .:,,~r(.~l( 3.That the W~f~does agree that she will not remarry after the death of the Husband,i.n the event that 'he predeceases her. 4.In the event that either the Husband or Wife should remarry after the death ofothe other,it is hereby agreed that title to the said real estate shall pass to and be vested in the children of the Husband and Wife,their heirs and assigns,in fee simple,from and after the date of the said re- marriage. 5.It is hereby agreed by the Husband and Wife that this Agreement may b~enfo;,ced by any 9hi.+dQ~any issue of the Husband and Wife by filing a pe~ition in the Court of Equity of Washington County,Pennsylvania,or of Greene.. County,Pennsylvania,or both,praying the revocation and setting aside of the deed or deeds above recited to the extent that they are inconsistent with'the purposes of this Agreement. IN WITNESS WHEREOF,the parties hereunto set their hands and seals thissrl, Witnesses: day of November,1956. , (SEAL) (SEAL) ,f.• .''. COMf\lONWEALTH OF PENNSYLVANIA : 'j COUNTY OF WASHINGTON :SS: •• On this STf,day of November,A.D.1956,before-~.;....I.:,-- me,Kathryn E.Rutan,the undersigned authority,personally appeared FRANK TALLARICO and CLARA TALLARICO,known to me (or IN WITNESS WHEREOF,I hereunto set my hand and official seal. 421 Washington Trust Building,Washingtor., Washington County,Pennsylvania My Commission Expires January 15,1959 , " /'".",4 ...:0 ~"I"H ....;-.-~~. >---------------~~-~--------~--------_.....-......_----_...-=.~.,..--~--..-.........--.-~._.•~..>.~---~----'~--=-.-• " ......-"'L,.,.r :-.:, ~£"'>II.•J:~.....,j'",:"J .,~.-. ~. / .f ,- (J l..........."....._'..... .~.~+~ ~"~\: l'.' ."~f:,1"'0 ,J"I1:jt"'1 ~~ '<.I~2\l:"lI1-3'~1-3 O'J~~t"'1 0-t'f 0')s:I ~~,'"'~,,..; n ..11 I~~eNH Q Q00II.,t-:!II \.:.~~~.-. ~\1P~~. ~~f~~~'Z ~~:<q z .;'tIoa~~~ _zzZOiO ~ "0 ~rn rnc:tAZZ~»O~~~.;>~\-<-r Z \"'\2~~O ~~0 ~>nn c..., 5VIi'<:~ ..----. I ~~~~..,...~_..t::.;.....:.-n........-£...."~!i;~.'t-~~..........c.-_""'--'.;-_,....,--;--....~,.....'~ (}-JJ:'.'. .•4-•V i .........~'i ",.".J ./.~~.'" ~. ,. I ....., h-, 1'.H, •..... ....#.t.,...._....~\... •\.~--'r f'fm,nsylvania }8 8 Washington Co." Reoord~d in the office fa,.&oorditnt .Dutk ~i_tUM lor said county in~.-!J.e.8d...Boolo_.~..1.12.9Pag~n .6~3·. Given under my hand and seal oftluJ lJaf,t1J rJl/W~thh 12t.h d!!!J of September .4.]).,196~ SMw LJ.ar~Jdp&.~..r'l. 'I ~; 'I,r "....;,..': 'ifn ·the Orpf1zn's Court·of 'Washington County,ra. EXhibit ...t?. I')~~~j.;l.-~\~-Ic./ual~••.•..;.::r;••lV.!. Jle.quel.ille Hammond,Official Stenographer'. i .\ \., THIS AGREF1>1ENT MADE this _...3;",;I'...d__·day of __Ju;;.,;,;,::;~...I __,1962, BETWEEN FRANK TALLARICO,of 134 Weirioh Avenue,Washington.Washington County,Pennsylvania-,herein .ca1led HUSBAND,...I •... AND MAURO MARIA ~LLARICO,of the.same addres8,herein called WIFE, HITNESSETH: ) ," WHEREAS,the HUSBAND and \'lIFE were dUly married on November 5,1960,and WHEREAS,the WIFE is desirous of roturning to her home- land in the Republio of Italy for reasons of health for an ~n definite period,and WHEREAS,the HUSBAND and WIFE are desirous of entering into an Agreement in which fair and reasonable.provision for sup- port of the WIFE by the HUSBAND shall be arranged. NOl-1,THEREFORE,IT IS MUTUALLY AGREED BY THE PARTIES HERETO,as followst 1.That from the date hereof,the WIFE shall be entitled to return to her homeland whareshe will live at VieD GarIbaldi,In the Town or Savelli,Province of Catanzaro,in the Republic of Italy,separate and apart from the HUSBAND.., 2.The HUSBAND shall pay-the WIFE the sum of Thir- ty Dollars ($30.00)In moneY,of the United States of America each month,beginning with the day on which the WIFE shall depart from the United states and continUing thereafter on the fifth day of the succeeding month a~d on the fifth day of each month thereafter until this separation is concluded,or this agreement is otherwise terminated,for the maintenance and support of the said WIFE. 3.The WIFE shall accept the provisions herein made In lieu of any ,and all claims for.her maintenanoe and support during the period of separatIon. 4.The WIFE shall not contract at any time In the name of the ,HUSBAND or 11')any way sUbj ect him to 11ablllty for any debt,without the husband1 $·$xpra$s permission in writing. IN WITNESS WH~EOF,the,partles heretp have set theIr hands and se&ls the day and year first above written. Witness! IIVllOirWi2 JV/'~\"(;.eJJfwiC:P.(SEAL) Mauro aria a1 ar!co COMMONWEALTH OF PENNSYLVANIA : COUNTY OF WASHINGTON :58 t ' •. On this,the 3rd b day of __J_u_1y ,1962,personally appea1'ed FRANK TALLARICO and MAURO MARIA TALLARICO,hie wife, known to me (or satisfactorily proven)to be the persons whose names are sUbscribed to the within instrument.and acknowledged ,. that.they eX,ec,uted,the,sama for the purposes therein contained. In Witness Whereot,I hereunto set my hand Bnd official seal. My Commission Expires March 7,1963 L • THIS AGRENNT'..'"' .'.->.--".•', MADE this _...J;:;",;.l"....d.......__day of _.....t.Ju;;;:l:;.ti,X,"-.__,1962, BETWEEN F'RANKTALLARI·QO,of 11}-J;We11'!1oh Av~nue~,WQ$q.1ngton,wash1ngton ",'._ t,'.I'.......~,.L,.• CGU~ty;;~~~sl~"a~l,8'~;her,alh .oallt)d.'HUSBA~',, , . ."...~.;..~.,"f'i'.'·'t ;;l,., , •.•',._, •:;\~.~.r."• 'AND It{ITm!}'sst~1Ii #. WH:eJR1;)AS',the HtiS1!3AND ~nd WI.FE wars duly married on NovElmber 5,'1<}60,and wi!mJiU1:AS,the W!Fm 'is de's1rous of return1ng to her home· land tn:the ,REtpUbl:tc or Italy roI'l'G'jils,cm:g of health for an 1n.... de fin!te'fl~1'1'C)d~"and 1mm,FAS~'thE3HU$13ANl)and \vIF:E EIre desirous of entering into an Ag'reemefit in which tail'and ress'onable provision,for sup- port io1'·the ;w,rrtf$"bf :th~f 'iflU,S'BAN'D s'hall 'bea'rr'angeQ • NO'(~'l'HmlEFOR13;;11'rSMUWAT"LY AGREED BY THEPART'IES ,HERmvo;~'S fbl1'owtU 1.That :from th.e date.nel'sQ£.,the Vi/!F'S shell be " ant!tlQd tor~tttrn:to herhomeltmd 'Whet'e she will 11\1a at Vioo Garlb'ald1:,'tn ehos TO\m of Sa,velll~:Prov1noe of'Caten~aroj)l'n the Repub~10 ('J:£rt~ly;sepa~ate end ~'psrt from the HUSBAND. ,2.,1!he ,HuSBAND shall'pay the WIFE 'hhesurn 'of'Thir... tyD()llars ($39'.00)in ~o.neYot the United states of America each month,beginning with the day on'which 'the'WIFE shall (}lap'art f:t>om "..''.:-;-'.';: .t.he,trnl~ted·"St~Hi~:Sir'arta·'o~O'i1t:f~·:t'~g~1~~~~~~rt':r?'on 'the'fl fth day ~f . the,suce:eedlng,'month a~d on the,'ftfth'day of,eaohmonth therea:tte%' ," until this sepattatlon +s 'Qoneltt<as'd,or thisagreemant;is otherw1se tett'm.lrUt\tec:1~,for 'the malnte,nanca ~~dsul?poI't of the said WIFE. : '..I ,'( 3.The tiIFE sh.al1 accept the provisions herein 1 ' • made in lieu of any end all ola.1ms for her maintenance end support during tha perio~of separation• .l·h 'rhe WIFE shall not.cqnt,rect a~any time in the' ; I " name of the ,fIDSBAND orin any liJsy subject him to liab1.1'ity'for any .IN'W:tTI\I'ESS WIUsRSOF"the:pa,l'tles he.reto have set their.'.,.'".,.'.' ,, debt,wtthout.the husband's express,permission in writing•..,,' .',., handa :and,:~ef!r;s,th~dfiy and y~gr first abo'Ve .wr1 tten. ,l.rJttne,fUU..,.....:-. - OOUN'1[t OF'W/tSHINCHl]ON.r ss: On 'th1.s~the 3rd"day of __J_u_l...,Y__,1962,pet'sonally appear~d FRANI('TAFJI.J\.l:U:OO and MAURO MARIA TALLARI,CO,his wife,.~,, known to *$(0.1'satiste.ctorily p,:r'ov.en)to be the person.s whose..r, nama's ar.e sU:bso,rlbadto the·wi tb,tn Instru,ment,and ackrlowledged th,at they oxec~ted the same for the purposes therein cpPite lned. •t',., .I.n,W,ltness Wherreot'l!.J;h$:r.eunto set my hand and.officlal seal,. .'.?ata'ry Publ c Washington,Washington County,Pennsylvania My Comm1ssion Exp1roes ......_....M_a....r_c_~.7,_1_9_6....3................._ } ~ '.... '. " ," 'f 'I) / FRANK TALLARICO and MAURO MARIA \ l PAUL P.P05A ATTORNEY AT LAW WASHINGTON TRUST BUILDINC WASHINGTON,PENNSYLVANIA ,...::~. '<:...,....,.-..-~.. e-(1)-a 4 co•S- '0-'.'Co• • .(1)~..--a..'~C'J5...._o >.• •cu Co)1::•~.u ::J •cs;--'"0 ......•.::::C:Co):-':'0 C'CJ 'C •~...ao -n.'.~c..-...,.~o ~~.~E CD :.i:c:.J~:E:S ~~.~cuc3:._,-~,.Q • •.-CD c:·c __ ')11(CU!J'-':JU'~~.",-.':~.'-~i' ...-...1- THIS AGREEMENT MADE this 2{/-l BETWEEN FRANK TALLARICO,of 134 Weirich Avenue,Washington,Washington County,Pennsylvania,herein called HUSBAND, AND \ MAURO MARIA TALLARICO,of the same address,herein called WIFE, WITNESSETH: WHEREAS,the HUSBAND and WIFE were duly married on November 5,1960,and WHEREAS,the WIFE is desirous of returning to her home- land in the Republic of Italy for reasons of health for an in- definite period,and \ WHEREAS,the HUSBAND and WIFE are desirous of entering an Agreement in which fair and reasonable provision for support of the WIFE by the HUSBAND shall be arraged. NOW,THEREFORE,IT IS MUTUALLY AGREED BY THE PARTIES HERETO,as follows: , 1.That from the date hereof,the WIFE shall be en- titled to return to her homeland where she will live at Vico Garibaldi,in the Town of Savelli,Province of Catanzaro,in the ~epublic of Italy,s~parate and apart from the HUSBAND. 2.The HUSBAND shall pay the WIFE the sum of Thirty Pollars ($30.00)in money of the United States of America each ~onth,beginning with the day on which the WIFE shall depart from ~he United States and continuing thereafter on the fifth day of ~he succeeding month and on the fifth day of each month thereafter Inti1 this separation is concluded,or this agreement is otherwise ~erminated,for the maintenance and support of the said WIFE. 3.The HUSBAND,simultaneously with the execution of ~his agreement,shall deposit with the WILLIAM AFFATIGATO AGENCY th sum of Threehundred-seventy and 34/100 Dollars($370c34)which sum shall be held in escrow by the said Agency and applied towards the Jurchase of passage either by air or boat from Italy to Unitea )tates by the WIFE in the event she should decide to return to the 1 '11 ~. -.- United states.Upon her definite decision not to ret~rn,the said !, money held in escrow shall 'be returned to the HUSBAND.- 4.The HUSBAND agrees'while this agreement is in full force and effect he will not initiate any proceedings for a di- vorce ,from 1h~WIFE. 5.The WIFE shall 'accept the provisions herein made in lieu of any and all claims for her maintenance and support during the ,period 'of separation. 6.The WIFE shall not contract at any time in the name of the HUSBAND or in any way subject him to liability for any debt,without the husband's express permission in writing. IN'WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. Wi tness:' -..~>ktr .'. COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHE~~) On,.this,the g$.day of 6J~e,1962,personally appeared FRANK TALLARICO and MAURO MARIA TALLARICO,his wife, known to me (or satisfactorily proven)to be the persons whose names are subscribed to the within instrument,and acknOWledged that they executed the same for the purposes therein contained. In Witness Whereof,I hereunto set my hand and official seal. ,/ ~ J ~,e --I ,[t'HANK TALLARICO I:::H I "t-''. t-'and --..JH»I MAUEQ_~IA TALLARICOa::s:0~~~1-'31-'31-'3 »(J)"U1-'3qlJjt-'H•~»~(J)a».II)•~l:tj 1-'3»::r:0•..~'., ~».( I .'.0 ~'.f~J ....-'~.. iiS ~~-..~ '.II ~.j ~~LE EM EN T 2:II » "•. , I!!I Ii ,!0 -,' I; i!i!!ij; IiIl~ ..::"I '.,' SAMUEL V.ALBO,Esq. 1703 Law &Finance Bldg. Pittsburgh 19,Penna. I?O.Naly Co.,LawBlank Publishers,(15 Grant St.,Pgh.19,Pa., ~.&-;II~~~__r.il • IN THE ORPHANS'COURT OF WASHINGTON COUNTY, PENNSYLVANIA. J IN THE MATTER OF THE ESTATE OF FRANK TALLARICO, DECE~SED.'.. '~:.' ( ) ( ) ( ) ( NO.230 MARCH TERM,1966---------- No.264 of 1964 o.C. (In Court below) Josephine M.Douglas Register of Wills and Ex-Officio Clerk of the Orphans'Court.I. TO THE HONORABLE THE ··JUSTICES OF THE SUPREME COURT OF PENNSYLVA CERTIORARI having been filed from your Court in the above entitled Estate,I have prepared in accordance therewith,the record,including Docket Entries and all original papers,for Certification to the Supreme Court of Pennsylvania,from the .orphans'Court of Washlngton County,Pennsylvania. •• DOCKET ENTRIES September 26,1963 Application for Probate of Will,Last Will and Testament of Frank Tallarico, Affidavit of Witnesses,Renunciation of Serafine Tallarico,and Probate,filed. "And now September 27,1963,it being ad.judged that sat d Will has been duly proved,it is hereby admitted to probate and ordered to be recorded,and Letters of Administration c.t.a.are issued to Goldie P.Bellotti,who filed an approved Bond and was duly qualified;the Executor named in the Will renounced. Josephine M.Douglas, Register of Wills" November 19,1963 --Inventory and Appraisement of Goldie P. Bellotti,Admrx.c.t.a.Est.Frank Tallarico deceased,filed by patrono &Edwards,Attys. for Estate. January 15,1964 --Objections to Inventory filed on behalf of Maria Mauro Tallarico,by her attorneys,Edw d V.Sciamanna and Thomas J.Terputac,Esq. • c, o.c Francis H.Patrono Attorney for Estate of Fran Tallarico,deceased." the Respondents. Record of Testimony ttB"--Rearing on Petit i Edward V.Sciamanna,Esq.and Thomas J.Terpu "AND NOW,this 14th day of January,1964,I hereby accept service of the within Objectio s to Inventory and acknowledge to have receive a copy thereof. for Family Exemption filed to #412 of Esq.representing Petitioner,and Francis H. Patrono,Esq.,of washington,Pa.,represent g J.Terputac,Esq.,of Washington,Pa.,repr'es the Petitioner,and Francis H.Patrono,Esq., for Family Exemption filed to No.412 of before The Hen.P.Vincent Marino,P.J.; June 24,1964 -- February 15,1964 --Hecord of Testimony "AU --Hearing on Washington,Pa ..,representing t he Res pondenta. July 2,1964 Record of Testimony "C"--Continued Hearing • JUly 15,1964 • --on Petition for Family Exemption before The Hon.P.Vincent Marino,P.J.,Thomas J.Terp~ac, Esq.,of Washington,Pa.,representing the Petitioner;and Francis H.patrono,Esq.,of Washington,Pa.,representing the Respondent, filed. --Petition for Order Determining that Real Est i8 not part of Estate filed by Patrono and E Attorneys,on behalf of Serafino Tallarico,M ria Tallarico,a/k/a Mary Tallarico,Antonetta ~allarico Madosky,Ida Tallarico Jarvi~,Le Tallarico Hanna,Jennie Tallarico Mikrut,a Frank Tallarico,a/k/a Frances Tal.Larico,f'1.ed #264 of 1964 O.C. o R D E R AND NOW this 15th day of July,1964,the fo e- / IgoingPetitionhavingbeenpresented,it is ordered that it be filed and IT IS ORD~ED A DECREED that a citation be and it is hereby issued directed to Goldie P.Bellotti,Admin istratrix c.t.a.of the Estate of Frank Tall ico, and r~ria Mauro Tallarico,widow of Frank Tallarico,to show cause,if any t hey have, why the prayers of the foregoing Petition should not be granted;returnable to Monday lOth day of August,1964,at 10:00 A.M. BY THE COURT, P.V.MARINO,p.J. AND NOW,this 14 day of July,1964,I here accept service of the within Petition for Order Determining That Real Estate Is Not of Estate,and acknowledge to have copy thereof. Robe~t L.Ceisler by Cornelia Ceisler Attorney for A~~inistratrix c.t.a. of the Estate of FI"ank Tallarico Thomas J,rerputacbyEdw.V.Sc~arnannaAttorneyforMariaMauroTallarico t •• Robert August 10,1964 --Preliminary Objections Demurrer to Petition of Maria Mauro Tallarico,by her attorneys,Edwara t v.Sciamanna and Thomas J.Terputac,Esq.,filld. AND NOW,this 10th day of August,1964,I hereby accept service of the within preliminart Objections and acknowledge to have received a copy of same. Francis H.Patrono (JV~Jr) Attorney for Petitioners L.Geisler,Attorney for Goldie P.Bellotti,Adm x September 18,1964 --ORDER,MARINO,P.J.,filed to No.264 of 195 O.G o R D E R "Petitioners,seven children of the decedent, Frank Tallarico,and his first wife,Clara Tallarico,have presented their Petition prayi for a decree of this court to the effect that four certain parcels of land situate in Canto~ Township and North Franklin Township,in Wash ington County,be declared ,the property of the petitioners and not a part of said decedent's estate. Maria Mauro Tallarico,widow of the decedent,_as filed Preliminary Objections to said Petition, claiming,inter alia,that the averments of tb P~titlon fail to state a proper cause of actio and pray that the said Petition be dismissed. This Court feels that it would be prejudicial to the rights of Petitioners,to dismiss their petition at this juncture,as there are many factual issues which could have a bearing on t e final disposition of the said Petition.Such possible factual issues are presently unreso1v We therefore make the follOWing Order And now,to-wit,September 18,1964,the Pre- 1iminary Objections and Demurrer of Maria Maur •• Tallarico are overruled,pro forma,and the Re~ BY rl'HE COURT P.V.MAR INO ,P.J." spondent is directed to file a responsive answe~ to the averments of said Petition in 20 days fro~ the date he reof•1 IOctober16,1964 --ANSWER and New Matter filed on behalf of Maria Mauro Tallarico,by her attorneys,Edward V. Sciamanna and Thomas J.Terputac,Esq. AND NOW,this 16th day of October,1964,I her by accept service of the within Answer and New Matt r and acknowledge to have received a copy thereof. Francis H.Patro~ December 22,1964 --Record of Testimony "n",Hearing on Petition or Order Determining that Real Estate Is Not Part 0 Estate at No.264 of 1964 O.C.,before The ~on. P.Vincent Marino,J.Francis H.Patrono,Esq. of Patrone &Edwards of Washington,Pa.,reyrese t- ing the Petitioners;and Thomas J.Terputac,Esq. of Washington,Pa.,representing Maria Mauro Tallarico. February 3,1966 --ADJUDICATION,MARINO,P.J.,dated Februarr 3,1 66. at No.264 of 1964 O.C.,FILED. n • •••In accord wi.th the reasons hereinbefore stated,this court holds that the petitioners ar estopped from asserting t he invalidity of the cl im of Maria Tallarico to her widow's share in the real estate described in their petition.The pre.ers of the petition are therefore refused. P.V.MAR I NO,P.J •" February 11,1966 --EXCEPTION TO ADJUDICATION,of Serafino Tallar co, .' Maria Tallarico,a/k/a Mary Tallarico,Antonetta Tallarico Madosky,Ida Tallarico Jarvis,Lena Tallarico Hanna,Jennie Tallarico Mikrut,and F~nk Tallarico,a/k/a Francesco Tallarico,by their attorneys,Patrono and Edwards,Esq.,filed. •• I I Counsel for the exceptants does hereby certify thJl I the foregoing exceptions are not intended for delay. Patrono and Edwards by Francis H.Patrono Attorney for Exceptants. AND NOW,this 9 day of February,1966,I hereby accept service of the within F~ceptions to Adjudi tio and acknowledge to have received a copy ther~of. Robert L.ceisler Attorney for Personal Representati Thomas J.Terputac Attorney for Maria Tallarico May 3,1966 --OPINION SUR EXCEPTIONS,MARINO,P.J.,filed. t~.• •.As has been stated,no new issues are pre- sented by the exceptions.All phases of the case have been adequately considerod by the hearing jud e. The exceptions must be dismissed.The Adjudicatio is co.nfirmed absolutely. Exceptions herein are severally noted to each of he petitioners. ~mE comT P.V.MARINO, P.J. June 29,1966 --Certiorari from the Supreme Court of Pennsylvan filed to No.230 March Term,1966,in the Appeal Serafino Tallarico,Maria Tallarico,a/k/a Mary Tallarico,Lena Tallarico Hanna,and Frank Tallari 0, a/k/a Frances Tallarico,claimants,from the Judg nt of May 3,1966 at No.264 of 1964 O.C.in re:Est e of Frank Tallarico,deceased,filed. July 5,1966 Notice of Appeal by Serafino Tallarico,Maria Tallarico,a/k/a Mary Tallarico,Lena Tallarico Hanna,and Frank Tallarico,a/k/a Francesco Tal~co, by PATRONO AND EDWARDS,by Francis H.Patroni,Att r- nays for Appellant,filed. Acceptanoe of Service of foregoing notice filed b Robert L.Ceisler,Attorney for Goldie P.Bellott , Administratrix C.T.A.of Estate of Frank Tallaric • •• deceased,and Thoas.J.Terputac,Attorney for Ma ia Mauro Tallarico. Aug.15,1966 --statement of ~uestions Raised on Appeal,filed by Francis H.Patrono,Attorney fo~Appellants. statement of Evidence Which Will Not be Printed fled by Francis H.Patrono,Attorney for APpellants. AND NOW,this 15 day of Aug.,1966,I hereby ac tip t service of the within statement of Questions Ra1a d.,. on Appeal and Statement of Evidence which will no be Printed,and acknowledge to have received a cO.y thereof. Robert L.Ceisler Attorney for Goldie P.Bellotti, Adminis,tratrix C.T.A. Thomas J.Terputac, Attorney for Maria Maura Tallari 0 Aug.18,1966 --Objec,tions 'by Appellee Regarding omissions of Pri ted Testimony on Appeal by Appellants,of ~~rla Mauro Tallarico,by her attorneys,Edward V.Sciamanna and Thomas J.Terputac,Esq.,dated Aug.17,1966: FILED. AND NOW,this 17 day of August,1966,I hereby accept service of the within Objections by Appell Regarding Omissions of Printed Testimony on Appea by Appellants and acknowledge to have received a copy thereof. Robert t.Ceisler Francis H.Patrono o R D E R AND NOW,this 18th day of August,1966,upon cons; ideration of the Statement of Ev~dence Which Will Not be Printed regarding an appeal to the Supreme J Court of Pennsylvania,and in fu~ther considerati n of the objections filed thereto,in pursuance to Rule 52 of the Rules of the Supreme Court sylvania,a hearing thereon is set forthe 29th d of August,1966,at 3:30 o'olock P.M.,E.D.S.T • .BY THE COURT: ALEXANDER R.CURRAN,J. • August 18,1966 • o R D E R AND NOW,this 18th day of August,1966,upon moti(n of FRANCIS H.PATRONO,ES~.,Attorney for the Appellants,it is ORDERED AND DECREED that the said Attorney may lift the record in the above entitled case for the purpose of getting the record printed in connection with the appeal of this case to t he Supreme Court of Pennsylvania. BY THE COURT ALEXANDER R.CURRAN,J. August 23,1966 --STIPULATION as to Diminution of Record by COunSI 1 for all parties,-Francis H.Patrono,Attorney for Appellants,Thomas J.Terputac,Attorney for Maria Maura Tallarico &Robert L.Ceis1er,Attorney for Administratrix c.t.a.,filed. 8/23/66 Service Accepted,copy reed.Robert L.Cei,ler i 8/23/66 Service Accepted,and copy received.I Thos.J.Terputac I Atty for Maria Mauro Tallari 0 Form RC C·10 3 ~-/,-J oj DEDUCTIONS ALLOWED IN OFFICE OF TME REGISTER OF WILLS OF _-,W.;..:A;.:.·S~H....:.I_N_G~T_O_N__COUNTY AND AGENT OF TME COMMONWEALTH STATEMENT OF DEBTS AND DEDUCTIONS THE SUM OF ....~.......$....~...c;!L?'....f; DATE APPROVED .....•...••..••...t.~.../..L:.l.f LATE OF Canton Township.Washington County, Pennsylvania ..::>i96;bAU OF DEATH Au~ust 31,1963 ANGELINE SORICE,Notary Publie 80 E.Chestnut St. Washington,Wash.Co.,Pa. My Commission Expires January 11,1971 ESTATE OF FRANK TALLARICO ;;-J/-t,-f' DATE OF FILING APPRAlSEMENTND.¥em-b-e"r :t9 My Commission Expires: AOMINISTRATION SUBMITTED TO THE ESTATE OF __--=.F..::rc...la:=;n=k'--'~T=-=a/..::;.:~a=--=-..=....:::...=-.------'OECEAeEO,.AS DEDUCTION$FOR INHERITANCE TAX PURPOSES.../J -td .A ~~ _J.-(J r I~(L.S.lSW~N AQSUBSCRIBED BEFORE ME ~~.L.::.~_DAYof'(Goldie P.Bellottl.)-....e." , DATE NO.OF NAi',l&:OF PAYEE REMARKS AMOUNTVOUCH~" .I.n..JoI..\.J:..A.r ,Issuing letters ofJosephineM.Douglas,Sept.217,19E 3 Register of Wills administration 10 50 o@t •3 1963 Advertising issuance of ~,Washington County Reports letters of administration 10 00 19E 3 S.W.Miller Agency Premium on Administrator'sOct.9,bond 10 00 Oct.17,19E 3 Observer Publishing Company Advertising issuance of 10 00lettersofadministration Nov 18 19E 3 Kathryn E.Rutan,Affidavit inventory 1 00NotarvPublicon 19E Kathryn E.Rutan,Affidavit on inheritanceNov.18,3 Notary Public tax return 1 00 Josephine M.Douglas,Filing inventory and in- Nov.19 19E 3 Re~ister of Wills heritance tax re1turn 3 00 Robert Crawfor d,Filing suggestion of death De c.4,19E 3 Prothonotary and substitution of adminis Itratrixasplaintiff,IT::lllarico vs.Thomas 4 00 I 19E Robert Crawford,Filing praecipe for writ ofDec.4,3 Prothonotary sci.fa.Tallarico v.Thoma 5 00 19E 3 Grant Furlong,Sheriff Service of writ of sci.fa.Dec.20,Tallarico v.Thomas 10 30 19E and Edwards Securing copies of deed, Jan.6 ,4 Patrono agreement,and invent'ory 1 20 Filing praecipe for revival Jan.8 ,19E 4 Bob A.Franks,Prothonotary of jUdgment,Tallari~o v.~3 50 Feb.4,19E 4 Josephine M.Douglas,Issuing short certificate 00RegisterofWills1 Josephine M.Douglas,1 00Feb.27 19E 4 Re~ister of Wills Issuing short certificate pAffidavit on petition to June 10,I!64 June G.Ullom,Notary Publi withdraw appearance 75 I! Josephine M.Uouglas,l.;lerK Filing petition to withdrawJune15,64:-ni'(),..nh",nQ'Court annearance 2 50 Premlum on aamlnls'tra'trlX I Sept.;u I!66 '8~W.Miller Agency c.t.a.'s bond to Sept.1965 10 00 , Sept.27,Ie 66 :So W.Miller Agency Premium on administratrix c.t.a.'s bond to Sent.1967 20 00 l~68 Patrono and Edwards Services as counsel for ad'"Mar.13,ministratrix c.t.a._prior t 50 00 wi 1.11U~·d.wdT -un -u --r<J ·v"%) Mar.13 1 68 Robert L.Ceisler,Esq.Services as counsel for ad-150 00Jll.Ll1.L~I.Ta~rix C.l..d.. June ~8 ,1 68 Goldie P.Bellotti Administratrix commission 46 07 Angeline Sorice,Notary PublLic Affidavit on account 75 Russell Marino,Reg.of Wilb.s Filing account 20 00 Angeline :Sorice,Not a~lr1'\P~~b..1~~'"t:De bt sand 1 00In;~vt;'ftl.,gfrg~,("~g,Deductions tlJli..Ll\lYl~1.1.,ft.l.1ft 1J 1044 'uuFuneralServices , ~",n+I?8 968 Abel Funeral Home TOTAL 1416 57 COMMONWEALTH OF PENNSYLVANIA }SS:COUNTY OF WASHINGTON.,Goldie P •Bellotti HEREBY CERTIFY,THAT.TO THE BEaT OF "'Y kNOWLEDGE AND BELIEF,THE FOREGOING IS AJUST AND TRU E STATEMENT OF DEBTS,FUNERAL EXPENSES AND EXPENSe:s OF11rico \- Q)-I.. (""'(/) (""\;:-l .---::_J.'1 L::.:I '---.,. -~--v,-.._I __ I.'0-I•... <..'·'0 r··'r, .1 :..,c..:.LC u.: •0' j .-1 .. .'. --..I4,--y-- ! IN THE ORPHANS I COURT OF WASHINGTON COUNTY,PENNSYLVANIA r '\\;.., lliRE: Estate of FRANK TALLARICO, Deceased.c( zc(~>-III Z ZIII , :l. ;zoI-elZ A~BEFORE:3: ~(J lI:I-UI o ~APPEARANCES:uo:J.., J:..,... N uilI:IIIl-ll:oQ. IIIlI: l-ll:g TllVIE:u ~ c( u ii:Il.o ( ) ( )No.412":)f 1963,O.C. ( ) ( HEARING ON PETITION FOR FAMILY EXEMPTION The Honorable Po VINCENT MARINO,President Judge of the said Court. EDWARD V 0 SCIAMANNA,Esquire,and THOMAS J TERPUTAC,Esquire,of Washington,Pennsylvania representing the Petitioner; FRANCISHo PATRONO,Esquire,of Washington, Pennsylvania,representing the Res':::Jondents. ~"''''", ••,'l"-\ Saturday,February 15,1964,at lo:'oo~A.M/,Eo..S 0 /I ( I 1 Index to Testimony -~~Mrs.Josephine Tallarico 37 i!: >lL i Dr.Emil Sposato 42 J :JZ :tII¢ ~ 52 Recross 51 Redirect 29 31 47 Cross 2 25 DirectWitness Louis L.Comer Mrs.Cam Tallarico -",••.J Ie I . I · ~. ~ II I I, !'~ I! !,: -~I '-2 MR.PATRONO:.If the Court please,we have had a discussipn. as to who goes first and Mr .Terputac believes,on what I believe to be .good authority,ttat we do.,'.Is that the Court's understanding? c(THE COVET:Very well.You may proceed.z c(>oJ>-III Z ZI\II MRS.CAM TALLARICO IS CALLED AND SWORN.IIA- i0I-DIRECT EXAMINATION BY MR.PATRONO:CIz :tIII«Q What is your name?~ ·~A Carr_Tallarico.I lI:l-.III ,.~Q And what is your husband's name?•c( u ·gA Serafino Tallarico.., ·::t..~Q How is your husband related to the late Frank Tallarico? iii·~A Son.l-ll:0A-~Q Then you are his daughter -in-law;is that correct? l-ll: g A Yes.u oJ«~Q Where do you live?... 0 A 922 Earold Avenue,Canton Township.e Q That's a Washington mailing address? A Mailing address,yes .. Q Your husband was the son of Frank Tallarico by his first marriage :: • A Right,yes. i Q What was his mo ther's name? . ~, \ ~ 3. A Clara Tallarico. Q Were you ever.. .STRIKE 'IH AT.. .when did you marry Serafino Tallarico? , A I •Q c(Az c(>oJ Q>CDZ Z I ~A i0t-o Qz :J:CD ;A ·.,:~Qt-CD "Ci•oJ c( U -gA., ,J:l-,.. N Q iii,0:IIIt-o: 0a..~A t-o: :l0U oJ« u Qii:lI. 0 A• ·Q A • June 12,1945. Were you aware of Frank Tallarico's second marriage? Yes. When did that occur? November :he 5th,1961,in Italy. In what town? Savelli,Italy. I take it then,since the marriage occurred in Italy,you were not present at the marriage? No. At the time of the marriage,can you tell me what was the age of Mr.Frank Tallarico? Papa was just 74 in April and he would have been...in April of 19p2 ..75,I m2an,excuse me. And what was the age of his second wife? I believe she was 56.I couldn't tell you for sure;I am not quite sure of her age. After they were married,did they return to the United States? No,sir.My father-in-law returned to the United States about two weeks later,8r not quite three weeks.Papa returned to the Unitec States.She stayed there and came to the United States the followin~ 4. May of '62,it would have been. After she came to the United States,where did they live? At my father-in-law's residence.It was 72 Weirich Avenue. I believe they changed the number? 134 it would be when they changed nurr:.bers. Did you live at your present residence at that time? Yes,we moved previously to that. How far were you living from where they lived? I would say half a mile or so ...not a full mile to where we live to the corner of Wylie &Jefferson.A little better than a half mile I would say. Did,'Y9u visit them in their home when they first came? Yes,often as we possibly could at first,yes. Did you at any time notice any difficulty between them? You said at first,I don't... Did you at any time notice any difficulty? (No answer:l You ~an answer yes or no. It's pretty tard to say yes or no.You want me to elaborate? There was a time element there.Then later,we did;I will answer it that way. Q The question I want to ask ,now,when d~d you first... A My father -in-law never confided he was haVing difficulties.We first heard it from outsiders. Just take it pretty slow.It's hard for .11? particularly in this small room. evidence that she didn't quite appreciate what was done for her. All right.Now,you say that in Septemoer--that would be,I take it~ didn't seem to work out.They did all they could.That was the fir"t her and so forth.It was given to her by the family.I wouldn't say servi~es. September of '62? home,of course,she didn't feel well and so forth.So we helped Hospital,for an operation for gall bladder.And when she came She always wanted more than what we were able"to give as far as I did too much.Certain members of the family did.But it just in-law. time.My father-in-law's wife--is that slow enough?--my father- In September my father-in-law's wife went to the hospital,Washinc~n When was it when you first heard of these difficulties? That's right. I will have to go back a little if that's all right to bring it up at this 8hP."Iii/as iri H-P.' Q A Yes. A aiII:III~II:oII.III II: ~a: ::JoU..J0( uiLl&.o t-=u~everybody to understand) IIIc..JA0( u o::J.., J:...,... til iQ 0( ~~AzzIIIII. io~Cl Z :J:III0(~THE COURT: • • r ""'lIlIII h MR.TERPUTAC:Will you please speak a little slower. A I will try.. THE COURT:So that we may get this on the record. .1 Q You first heard of the difficulties from outsiders?• I ! 6. A No,I would say'62,thatt s right.. .we are in the wrong year, '61,she came in '61.It would be in '61.She came in May of '61 and went ~n the hospital in September,'61. Q You say she came in May of '62? •A :!Q..:c~A:-n:!:..jj I:...o;Q That was an error.That's right;it's '61;I'm sorry. Who were her doctors when she was in the hospital? Dr.Sposato was the family doctor and Dr.Tracy Bryant did the operating. I Can you tell me whether or not Mr.Frank Tallarico was attentive I to Mrs.'Tallarico when she was in the hospital? ,:A0 t:..Dii ..J•<I ~D :l., I -t-M I ri I •t: i &ll-t: 0L&l C l-t: :l 0CI ..J< C) i:I;.0 Q e A I certainly can.My father -in-law stayed there at the hospital with her night and day,waiting on her hand and foot.He treated her like a baby.The nurses couldn't understand Italian 'and Papa worried about her,fretted over her,was there night and day.Not once did Papa ask any of the children to have to do anything for her. He did it all for her,and he did.I say\!it with my own eyes.He was a 75-year-old man.He had no business being there that long himself. After she came from the hospital,you say that she wanted some of the children to help her? Now',I wouldn't say,Mr.Patrono,she actually asked for it.The offered Jheir services.She had been sick.And it was ...more Ih n like...simply being sick. Q You said some of the others provided more services? 7. A I would say they did.I work and have a family of my own.It's pretty hard.I would say I didn't do as much as others of the famil:!. I Q A •~Q...~~ .J A.-oft::: i!: &I QL..5-, i!: I:nI(A~ .: J Qt n5 A.Je0( J :::l :::l.., :t..... :II :Ii ~:t .II-:t::>:I-.II:t % :::l::>~ oJ c( U~;,. ::> e Which were the others who did most of the services? I would say my sister-in-law Josephine,Frankie's wife;and my sister-in-law,Mary,who stays with me. Was there another relative who lived there? My sister -in-law,Lena)who lived next door. Let's talk about Josephine.She was married to the younger Frank Tallarico;is that right? Frank Ta!larico,Jr. Wtere did they live? Before Frankie.. .they lived upstairs.They made an apartment. The house is large enough to house an apartment downstairs and one upstairs.Frankie's wife came from Italy with Papa's wife. They were married at the same time...Frank and my father-in-w. My father-in-law felt that it would be good if they lived in the sam house so -.:hat they could share...if they didn't understand ways in the English language,they could help each other.That was my father-in-law1s idea.They lived upstairs.It was for both of the Josephine ·could come downstairs and help her. Q Where did your sister Lena live? A You say...she's my sister-in-law.She lives next door to my father -in-law..'.lived next door. ,.'.e .Q ,:.N~w you said Mary lived near you..lives wi.th you? 8. A Yes,that's true,yes. Q Is she married? A No. Q 'What did she do for Mrs.Tallarico? • • A 0( z0(>oJ>-V)zZIII II. ioI-~Z :J: V) 0( ~ ..=u ll:l-V)a oJ 0( ~o:J., %l-I'-N ui ll:IIIl-ll:oII.IIIll: l-ll::J 8Q oJ 0( u ii:II.o A ~JIary went in and tried to help her all she could.She scrubbed the floors,hung clothes,did dishes,everything on Saturday,that's thE ciayof general cleaning and so forth.Mary couldn't seem to get along with her.She needs kindness and understanding anyway.ShE can understand Italian when you spesk to her.My father -in-law sp Dke Italian.She knows the language and this lady never got along w:th her;made her feel badly,after Mary worked all day long.Maybe there would be something to eat;maybe there wouldn't.Papa w=Ou ~ try to reimburse her for working.As I said Mary lived with us. She told "lS it would upset her.I don't underscand Italian enough to know whcJ was going on.I told Mary it was best to stay away and to keep quiet. Is there one specific incident involving Mary that you can tell me about? The time element,you don't mind jumping a little from this inciden ..just a minute now.June of 1962,it was after school was ou~. We had ccme down to my sister-in-law's,Lena's,because Papa. was havin<J a sale of one of his houses.Mary had gone in my fathe - in-law's h::mse and Papa had been to the grocery store and had bouqht some fruit;I can't tell you if it was plums or just what it w s; ----------------------------- • • 9. some seasonal fruit.Mary reachec.over to take one,ate it and went on to Josephine's.My father-in-law's wife threw a rage.I didn't hear it.My father -in-law related it.Mary told us,too, and Josephine,too.Because Mary took a...I MR.TERPUTAC:Your Honor .please,I object to this testimo~~l. ~I didn't realize she wasn't there. 0(>~A 1...my father -in-law.. :;: :;: III~MR.PATRONO:Just a moment.The Court please,it is;;: (J t-~submitted to shJw the emotional effect on the father-in-law. x flo ;A My father-in-law. 1-' La:MR.PATRONO:Just a moment.You don't understand,I-It: c: 4 there's teen an objection to this testimony c,nd the Court's making a ruling ~c:;THE COURT:Test imony i~ordered stricken.Exception J:..... N noted.Witness will be cautioned to testify only to what she knows of her cri II: ~own knowledge. ()a..~Q Now,will you tell me after this occasion which you cannot testify a:~ 8 about of your own knowledge,did you see what...did you,of your oJ< U~own knowledge,see what Mrs.Tallarico did? o .... A Yes,sir,I can.I saw with my own eyes.Papa's wife walked out of their house,out the door,by herself,passed my sister-in-law Lena's house,straight down Weirich Avenue far as we could see. Papa came out of his house.He told us she walked out of his own house;told us she left him.He looked terrible. THE COURT:a ain I think 10 here,as to what her father to ld her. NlR •.TERPUTAC:I was just going to NlR.PATRONO:If the Court please,I think it is important i:1 • this matter to know the attitude and effect that these issues had on the decedent as part of the whole picture.He,of course,is deceased,and ~not able to testify himself. :( ~ i:;THE COURT:..I don't think we have any exception to tte t II INow,Mrs.Tallarico,do you know of your own knowledge how long, Till about 9:30 that night. What time was it you saw her leave? ~he was gone? helped Mrs.Tallarico after she came back from the hospital in A.bout 6:30. Yes,sir,yes. All right.Now you mentioned that your sister-in-law Josephine September,'61.Did you see this wDrk of your own knowledge? ..:I) 2 Ii .:I..JA4: OJ go.,~ t '""A "j K:~Qo..IJ t: l-t::>oOJ..J4: OJLALo ..i:i ....hearsay rule that is applicable and we are going to stand strictly on the::!oI- ;hearsay rule. xn ;Q .. Q Can you tell us of your own knowledge... A Yes. Q ...and observation how this relationship worked out? A I don't know if you wanted me to tell how Josephine helped his wife. Q Eased 0":1 what you saw yourself. A I c.an do that T saw Josp.nhinp.Dr In.Of-'mp~.ls in thp.hnmp fnl""]::I~n~ i l 11. and his wife.I saw Josephine wash clothes and hang them on the line.I saw Josephine redding up the house when Papa's wife was sick and landed in the hospital. Do you ~·mow of your own knowledge whether this assistance of Josephbe to Mrs.Tallarico continued as long as she was here? In other words,did Josephine continue to help Papa's wife till she left the United States? Yes. No,she didn't,I know that. \Vhen was it you said they left? I don't understand.I asked if Josephine continued to help Papa's wife until she left the United States. TERPUTAC: ....excuse me. If the Court please...slow down ... wil:~Q :>LII l:-l::l 3 A .Il( That was the question and to that,I think,youranswer was that she, did not continue all the time to help. No . ~Q And I thought you said something else.Am I mistaken? :> A She didn't assist Papa's wife until the time she left. Q \Vhen,from your own observation,did she stop doing so? A Now,you say observation;that means,when did I see it? Q Yes. A \Vell,is talking to a person,too,observation.I don't want it being stricken.I want to tell the truth.Seein and hearin --is that what 12 you want me to tell you? Q When you observed that Josephine wasn't helping her any more. A Around N:::Nember. ('This would be November of '61?•A Yes. Yes. Yes. was living in Washington.. Die.you have them all together? I want to ask you again,please speak here.In 1961,it was my turn and we invited a~l the family that Yo;]had SJme of the relatives out to your house? sister-in-law Lena has it.Since we a~e the ones who lived around We invited them all but they didn't all come. Who came and how did they come? I believe that it was on or about Christmas of '617 Christmas.One year I have it at my home and one year my ItIS a tradition,more or less,for families to ~'et together at ui0:III...0:oII.III0:...0: ::>ou -I« u~THE COURT:o 0(Qz«>-I>-AIII Z ZIUII.Qi0...e~AxIII«3:Q t-=l)ii:A...III 0•~Q u 0~A :tl-I'N distinctly and slowly as you can so that everyone can hear,the stenographE T, counsel ane.the Court.Take it a little slower. A In 1961,at Christmas,we extended an invitation to all members of the Tallarico family to have Christmas with us.This was Christmas eve.Josephine and Frankie wouldn't come because my ~;.J If-'-in-l:::l1xr'~urifo Uf!:l~A nrl thou 1Xl"OY'O h!:luinrr .~~ • 13. then.So Josephine refused to come if Papa's wife was there at the same time.So we mal e the arrangement so we could all en~oy eacJ.other.We had my father <n-law,whom we cared for, and his wife first.They came first.Then after my husband took them home,he came back with Josephine and Frankie. ~THE COURT:.. 0( :and his wife home? II..~A Yes ... ~THE COURT:;;:: You said your husband took your father-in-aw Are you going to tell us what occurred after I have no obj ection to any testimony when I: ~they went home?I don't know what your purpose is here,but that would bE ~immaterial to this.itf-III~MR.TERPUTAC: c: t·§:Maria was there as to what transpired. ~ ~..THE COURT:That's what I was just suggesting.She said ri~they had taken them home.It wouldn't be too material after Mr.and Mrs.l-ll: C~Tallarico left. l-II:5MR.PATRONO:Well,the materiality of this is to establisJ. ell~the background after which she left;that's Mrs.Tallarico left.And I amlLlLC producing this to show that she was not harmonious wiLl the rest of the family. THE COURT:The Court had no objection to the testimony already given.It appeared she was going to continue and tell us about the events of this day after Mr.and Mrs.Tallarico had left.That's the part I thought could be omitted. l$IR.PATRONO:I wasn't going to bring that out. app~oach him. .- Q A !.Q A 0(Q z<.>oJ>-0zZIII Aa. i ;0I-Ql)zxIII0(A3J ,..'c QII:I-III °AoJ0( U '. 0 Q:J-. :I:...~'A , iiiIt:Q , III I-:It:o·Co~A I-It::> 0u oJ ~. Q$ .'ii:lI.0 Now,tell me what they said,Mrs.Tallarico. Who's they? I haven't :old you yet. .0.K. Did you talk about the affairs of Mr.and Mrs.Tallarico,Sr.,to other people? Yes,sir,we have. Are any of those other people in court here today? Yes,there are. Who? Lou Comer. You did talk to Mr.Comer about their affairs? I am not... Yes or no;.did you? yes,but I would like to say one thing.He approached us;we didn't I\ Now,can you tell me from your own observation,between the time of Mrs.Tallarico,Sr.'s,return from the hospital in September, 1961,and April,'62,whether or not she and her husband were leading a harmonious life,from your own observation? A Mr.Patrono,I can't tell you that because I only can tell you about what people told us about my father-in-law and his wife,up to that Dcint. ~Now then,was there something which happened to her in April of 'Ei~? • 15. AYes,there was. Q What was that? A I was directly involved in that.Papa's wife wanted to go back to Italy.So my father-in-law made reservations for her to go back tc Itaiy.This was Easter in '62.She was all ready to go.It was «z«>oJ>-III Z Z 1&1II. ZoI-~Q :cIII«~A Wed.nesday night after school was out.Papa called me on the phcn and asked me to go over right away.My husband and I went 'to his house.He told ,us she'didn't want to go back. Was Mrs.Tallarico there at the time? No,she was . • ..=u~MR.TERPUTAC:I was going to object to that. IIIc ~THE COURT:The objection is susta~ned. u o~Q You can't tell what he told you.Did he ask you to do something? :tl-I- N A Yes,he did. lfi0:~QoII.1&1 a:AI-0: :loU oJ« u ~Qo A Q A What did he ask you to do? He asked me if there was any way he could get the plane fare back. He felt that you can't cancel reservations. Had he made,did YQu say,any indication that he had made a reservation? Yes,sir. And what was this reservation,what for? It was for a plane reservation from Pittsburgh to New York, from New York International to Rome. j Now,what did you do after this? I explained it to Papa you could cancel the reservations.I hoped ! for one. A A Q• I,JI=======i::===============::::::-T--== One ...just a moment...from Pittsburgh to New York,it was ! ! for two,my father-in-law and his wife.New York to Rome,it wa~ I1 • 0( z 0( ~>IIIZ Z\&III, ioI-oZ XUI ;Q ~o 0:I-UI~A 0('0 ~Q J:I-,... N it vlasn't tDo late.She was supposed to go the next morning.I went to the phone,tried to call the agency.Then I called the Pittsburgh Airport and asked them what they would do about cancelling the reservations and that was all there was to it. About this time,did you have any conversation with the wife with respect to this matter? No . Were you present when there was any conversations between your father -in-law and his wife with respect to it? !Ii0:~A0:oII, \&I 0:,~ I-0: :JoU -I«~AILo No. Now prior to this occasion,had Mrs.Tallarico been someplace particular? Yes. Q Where had she been? A Washington Hospital,two times. Q The Eecond time was when? A Mr.Patrono,I am not quite sure on..the date the second time.But I don't know,just before...yes,I am certain it was in March, 1962. 17. Q This wou~d be before the time when tte reservation,when you ca::1celled the reservation? A Yes,sir. Q Donlt ans·.ATer this,Mrs.Tallarico. A All right. MR.PATRONO:I am going to offer to ask her,if the Court please,what was the purpose expressed to her by her father-in-law for thl:> reservation or plane ticket which she cancelled. MR.TERPUTAC: THE COURT: Objection. Objection is sustained. Q Now,did you ever at any other time have any connection with an airplane ticket or transportation ticket to Italy? A Yes. Q When was :hat? A July,1962. Q What connection did you have with that? A I had to cancel the reservation again. Q At this time was your father-in-law's wife around? A No. Q What didycu do on this occasion? A Similar to the first.Just called in and cancelled it;thatls all. Q Can you teE me what reservation you cancelled--to what places? And for how many people? -A I Two from Greater Pittsbur art was for j • 18. two.From Idlewild to Rome was one. Q Now,can you tell us anything from your own observation,what was the state of these two people with respect to domestic harmony in the period between April,162,when you first c:1ncelled the reser- vation,and.July,'62,when you cancelled the second reservation, • « z«>~AUIz Z III0. ioI-~Q :t UI~A t-=!:!ll:I-UIa oJ« u o:J., :tl-I'N cri ll:III l-ll:o0.III ll: l-ll::Jo U oJ« u ii:...o Q from your own observation? Frem my own observation,I would say they weren't getting along very well. Why do you say this?What did you see? Well,I sa~my father -in-law washing dishes,scrubbing floors. I saw'the door in the bedroom padlocked;when I would walk in, there was a lock on it.I saw Papa using another bed in the home. He wasn't sleeping in the same room with his wife.I saw my father -in-law cook for himself.I saw my father-in-law with no money in his pocket when he should have had plenty.I saw my father-in-law emptying garbage,a 75-year-old man.I saw him purchase groceries.I saw him never before in ~lis life did he ever go dirty and...unkept would be a better word.I think that's .. Now,were you ever present when the two of them were present when there was any evidence of how they felt toward each other? A What was the word you used? Q Wou11 the stenographer read that please? (Question betJinning on line 19 is read by the stenographer.) A Felt.. .I would sa no. Q All right.Now,how long did Mrs.Tallarico remain living with your father-in-law? A From May the 30th,she arrived at the Greater Pittsburgh Airport, •Q 0(Az 0(>.J~Ul Z ZIII 0..QzoI-~A :t Ul~Q 1961,until November the 1st,1962. What happened on November 1,1962? My husband and I took my father-in-law and his wife to Greater Pittsburgh Air?ort to catch an air.plane. Did they do that? Yes,they did. Where Vi/ere they going to?Where did the plane go to?' Yes . The plane Papa and his wife got on,you mean? It left Greater Pittsburgh Airport and went to New York .• ..:~AIii o~Q ugA.., :t..r- N Q After that,did you see him again? uill:~A Yll:es. o0.~Q When did you see him again?l-ll: :J 8 A That same night,November 1st..J« u~_Q Wh '"'erer o A Q Goldie Bellotti's house. Do you know tow he got there? A Yes. Q How did he get there? A My husband a·:ld a friend,Jack Bellotti,went after him. Where did the~et him? 21. A Telephone. Q From whoJl ? A An agent at the Greater Pittsburgh Airport. Q What did they say? A They called up just before midnight.The telephone rang.Tal answ'ered it;that1s my husband... THE COU;RT:I think we can save a lot of testimony if we can just get to the point.These details are immaterial to the situation. They got a call;['ley told you someone was there.We don't need to go into those c.etails.They are immaterial in the case.We want to shorten this record when we can.What happened in the conversation between you and the 'airport?The result was you found out she was there? A Right. THE COURT:Did someone go after her or did she come III0:~herself? 0:oa..~A You mean did someone go after her to the airport? ~a: :JI3 THE COURT:Yes . ...l c( ~A Not to my knowledge. lI.o THE COURT: by herselY? You know she came herself--to Washington '.- A As 'far as I know,she did. Mrs.Tallarico,did you participate in examining your ~ather -in- r.law1s papers after his death? ,'I.. A "·Yes.,) _"'-.-"------.-.;t------=-----------------..__._.~. I 22. (Agreement between Frank Tallarico and Mauro Maria Tallarico is marked. Administrator's Exhibit "A".) Q I will ask you this document,Administrator's Exhibit "A",is one of the papers you found? A Yes. Q And will you state whether or not that is your father-in-law's signature on the second page? A Yes,sir,definitely. Q Do'you recog'nize the other signature there? A I can't swear that was her signature. Q You don't know? A No,sir,I don't know. Q Don't answer this until there has been a ruling on it.During the period between April of 1962 and November 1,1962,when Mrs. Tallarico left,did your father-in-law express to you his feelings w th respect to whether or not his marriage to Mrs.Tallarico was a h?-ppy and cheerful experience? MR.TERPUTAC:If the Court please,we object unless Mrs. Maria Tallarico was there or heard the conversation.We object to this as hears'ay. THE COURT:Objection is overruled. Q A The objection was overruled.Do you remember the question? A11 except the dates,I would like to hea r the date. ----,----41------------.. I I2~: Q The first date was April,1962,and the last November 1st,1962. A O.K.Yes,my father-in-law told us that if he and his wife didn't i come to some agreement,he just couldn't stand it any longer. THE COURT:Your answer should be responsive to the the rules,there is no requirement that we take an exception to all these you about not being happy with his marital experience? but simply the jist of it,the sense of it. question.That question was whether or not he related to you the fact as The Court will understand I am excepting. That's right. That objection is sustained. Objection for the same reason. I believe,if the Court please,that under rulings. THE COURT: MR.PATRONO: to his marriage being happy and cooperative or whatever the question was .. MR.TERPUTAC: THE COURT: Q Wait until the Court has made a ruling on this.What did he say to We aren't asking you to give the expressions that your father-in-law made A My father-in-law did express that he was not happy with his wife. ~MR.PATRONO: IL. () •~.. 0(>.J~C-UC.-aI-a:;: i:i..;: 3: ..:l'a:I-Uo C•:;; ~c = ~~t-('I u: ll:ILl-ll:C0.-IL 0: I-0: ::l0 U... ~ THE COURT:Surely. MR.PATRONO:We have a witness,here,Mr.Comer,who is missing work to be here.And I rather judge these proceedings are going to take a long while and if Mr.Terputac has no obj ections,I would like to withdraw this witness and put Mr.Comer ::m so he can finish today. THE COURT:You are not through with the direct examin tion? :MR.PATRONO: THE COURT: 24 . . Just about.I have a question or two. Let's get through with the direct'examinatic n I of this witness and reserve the cross-examination. •MR.TERPUTAC: MR.PATRONO: I agree. All right. ~Q 0(:-..>u;;: i A i(. ~iQ :J l/I.. 3: I-~AItl-ll:~Q <t ugA., J:...,... l't iiilI:IIIl-ll:oQ. 1IJlI: l-ll: :loU -I« uii:lI.o Mrs.Tallarico)when you were looking through the papers that had ...ttat were in your father -in-law's possession after his death. Yes)sir. .did you find any receipts of money that had any connection witt Mrs.Tallarico? Yes)I did. What did you find? I found a receipt for $1600 that my father-in-law gave to his wife when she left ~o go back to Italy.I found receipts for $30 a month that my father-in-law sent to her while she was there.I found two more receipts..three more receipts..three more receipts) one for a hundred dollars)another for $100)another one for $10.0(. I think that was all in receipts ...there was another one.You didn't ask for money exactly.So .. There was another receipt)but not for money--did you say? A It was actually placed money)I believe.It wasn't actually cash in a bank.You ask me about it.Shall I explain to you what I mean? Q A Please do. 25.I-------..: agency in Pittsburgh for an airline ticket. Q What was the name of this agency? A The William F.Affatigato. THE COURT:How do you spell :hat? A I am not sure of the spelling.A F F T I (}A T T O.It's William. dollars.I can't tell just exactly. .:;:ol- V:;: ~That's near enough.Court Place,Pittsburgh,Pa. ~>~Q How rr:.uch was that?c--~A I am n:)t sure of the amount.It was between three and four hundred / J: lit~Q Have you,since your father-in-law's death,made any investigatio to see whether that money was ever withdrawn from the Affatigato <Agency? Yes. 3~~Q Was it ever withdrawn? ri- III~A No. 1I: CII.~MR~-PATRONO: ~0:' That would be all of the direct examination. 8 TEE COURT:(To the witness)You are excused for the present. c ~(Witness .excused.) .IL.c LOUIS L.COMER IS CALLED AND SWORN. \ ,-DIRECT EXAIVIINATION BY MR.PATRONO: Q What is your name? Louis L.Comer._A I I~~_Q~~~W~h_e_r_e_d_o~y_o_u_l_i_v_e~,_~~r_._C_o_m~e_r_?~~~_~~~~~~~...~. A 51 Oakwood Avenue)Canton Township. Q What is your occupation? A Sir? -j I Q What i,s your occupation?•A ~ :!:0(>oJ...CI;:: ~Q ioI-~A xtI~Q ...=~A I-1/~Q.. !:c At the present time,I am a laborer for the Washirrgt~:)Q County, but at the time,I was a former Justice of the Peace of Canton Township. Did you know Frank Tallarico? I practically knew Frank Tallarico all my life. Were you aware that he was married a second time? That's right. Now,did Mr.Tallarico do anything with you afte::'~1is second marriage? XI-~A T hhatisrigt. iiiII:~Q What did he do?II:c-D..~A Well on December)about the middle of Deo::~ember of 1961)Mr. l-ll:" :l 8 Tallarico came to my office with a complaint that he had a tenant oJ 0( Uii:living in his house that's back on his rent $350 and wanted to know'lI.o I could collect the rent for him.So I told Mr.Tallarico that I was going to get in touch with the tenant. THE COURT: down to the point. I think we are getting a lit:le afield.Get Q You did collect some rent for him? A ThatIS ri ht. 27. ,- Q Did Mr.Tallarico come to the office for the rent,and what did he ; tell you to do? IId JVIR.TERPUTAC:'Excuse me.Just a minute,Mr.Comer. •If this was not made in the presence of Mrs.Tallarico,I think it is irrelevant;and secondly,I obj ect if it's hearsay. it.. MR.PATRONO: «THE COURT:z«>oJ>IIZ~Do Unless counsel can tell us the relevancy of We want to show by this witness that Mr. let him have any and he w'ould come up to get some. zo /-~Tallarico said for Mr.Comer to keep the money because hi~wife wouldn't :r t'l«~ .... ~MR.TERPUTAC:Objection. /-IDCi oJ MR.PATRONO:Just a minute.And he did do this for some«o-I~period of time;and that he asked Mr..comer to ~TIake km a receipt for a., ;: ::.certain sum of money which was not all,so that he would have a receipt Wa:~which would seem to indicate that he had received less money than he had.a:o ~a..~I also propose to ask him whether or not Mr.Tallarico made any expressi ns /-a: :J S to him as to whether he was happy in his second narriage and any expressons oJ« ~with respect to his attitude when she was going to leave. o THE COURT:Objection is overruled.The testimo~y will be admitted with the qualification that expressions made 9.,S to his happines or unhappiness will be confined to the sense of the expression and not to th wording themselves. MR.PATRONO:All right. Mr.Comer a:ter ou had collected this rent mone and Mr ...TaJla i~_ came to your office,what did he say to d8 with it? A He didn't come to the office the first time.When I collected the rent,I came to his home.He came outside and he told me not to bring the money any more.He would come down my office after i So the money accumulated.I was collecting $20 every two weeks. The money accumulated to $80.I run into him;he was down on th corner.I told him to come down to the office. THE COURT:You will also remember,we are taking testimony here and everyone wants to hear everything that is said.You will kindly give your testimony distinctly and slowly. A Then Mr.Tsllarico came up.It was in January,middle of January,when I run into the tenants and I had a talk with them. THE COURT:I think we are going away from the question.Let's confine ourselves to the question that was asked by couns 1. After you first made the delivery of his money to the home,what did you do? A Then,oh,about the middle of March,he came up and I had $80 of his money and he says to me,"Please",he says,"don't let me sign one receipt;make two receipts."I made the receipt out, one receipt for $40,and I asked him why.He said his wife that's all she wants is money, money,money;and if she finds out he got $80 from me,she would want it al~and after I made the receip:, he stuck this money in different pockets so his wife wouldn't find it all in one lum . Q How long did you collect the rent? ,29.I=:==:==::::::!F====================-.::.::--._._--~.~~--:'= A I collected the rent up to December of 19132. Q What disposi:ion was made of it each month? A The l2-st rent I collected for him was in December,1962.And he told me that the tenant has moved out,and he didn't know what to do abcut it.Also his wife went back to tte old c·::mntry and he made an agreement to pay her $30 a month. Q Now... A I have never 3een Mr.Tallarico since then,only at his death. Q After you started collecting this rent,what did you do with it after you co llected it? A He come up after it., A Then I would write out the receipts.IIMarriage,II he says,IIthis ~arriage is 'awful..Sorry I got m'arried a second time.II MR.PATRONO:.,I believe you can cross -examine. CROSS-EXAlVIINATION BY MR.TERPUTAC: Q Mr.Comer,-Jil'here did this rent money come from? A Come from a tenant. Q How mg,ny houses were involved? A One. Q What was the g,ddress of it? A Over on Belle\Tue heresomeplace,I have it at hO~TIe. Q You collected $20 every couple weeks? A Yes)that was the agreement.The man was on relief and had ten kids.$40 a month)made him pay. No)he hasn't. He talked to you about it? Only on the porch. That's right. That's all. Except for his telling you that he had agreed to pay her some Do you know who,~ollected his other rentals on the other houses? Were you ever in their house to observe what was going on? No)I don't.I have never even talked to the woman. money)you know nothing about that of your own knowledge? That's right. Did he ever LIe a complaint against his wife in your office? Was that the 'Jnly rental you collected for Mr.Tallarico? About his marriage difficulties? That is right. TERPUTAC; I do not know.' Q ,A i •Q 0(Az0(>oJ Q>-IIIZ ZIII All. :i 0I-QClZ %UI0(A~ ..:u Qa:I-UI0eoJ< l) 0 A:>."") :tI-,.. QC\I lfia:III AI-a: 0a.III Qa: I-a: :t8 A oJ 0( ~MR. I&. 0 MR.PATRONO:',That's all)Mr.Comer. THE COURT:Do you gentlemen wish to excuse Mr.Con er? MR.TERPpTA-C:Yes. THE COURT:'You are excused)Mr.Comer. (Witness excused.) '-~----- \. \', ",~ 31..- MRS.CAM TALLARICO IS RECALLED. -CROSS-EXAMINATION BY MR.TERPUTAC: Q Mrs.Tallarico,I am sorry I didn't get your firs t name. -A Cam,CAM.•Q As I understand it,Mrs.Tallarico,you were not in Italy when <Mr.Frank Tallarico went there to get =.narried?z<I>I..J A No,I was not.>-V)z Z IIIII.Q Th2 first time you ever saw Mrs.Tallarico was at the Airport ini0I-el Pittsburgh?z J:V) <A That's right.~ ..:u Q When was that? I 0:l-V) c A May 30,1961.•..J< U c Q Was your father-in-law able to read and write the Italian language:J.-, :t.."A Yes.N ui0:III Q Do you know of the many letters he wrote to Maria while 3heI-0: 0II.III remained in Italy right after the marriage?a: I-, 0: :J0 A You are asking me if I sa~'him sit down and write a lette::'--nb.u ..J<u Q All right.You don't know why,do you,that she was notable toii:1.1.0 e accompany him back to the United Sta;:es immediately? A No.-, .Q When Frank and Maria Tallarico came to Washington to live,at what address did they reside? A 134 WeirTch Avenue.. ~(', G And was there ·at that time somebodv livina uDstairs ?--- I ~ ~ .------- 32. A Yeu mean the minute she walked in the house,from that time she oC':3upied the first floor ..was there anyone living on the second :locr? Q Yes. A Yes. Q Wto were they? A Fr:lnk and Josephine Tallarico. Q Was Frank the son of Frank Tallarico..as you call him IIPapall ? A Yes. Q All right.Did Frank,Jr.,and his wi:e reside upstairs during the whole time that Frank and Maria Tallarico lived on the first floor? A Yes. Q In the last of May..1961,when Frank and Maria came to \Vashir:.gt n to live,how was his health? A My father-in-law has had a ...had had a coronary before and Papa has taken...had been taking medicines for his condition. Q Hov/was her health at that time? A As far as I know,she came into the United States from Italy. Q What all had she brought with her;do you recall? A When we picked her up at the Greater Pittsburgh Airport? Q Yes. A What you would put in a car.What you can carry in your hand. What came later,I don't know. • I Q As long as her health was good,is it net true that Maria T2..llarico did the housework,washing and cooking? A I would say the first three months my father -in-law was married, from May 30,I don't know ... Q Take it easy. A Sorry.I would say she was a fairly good wife to Papa unLl the first three months of their marriage in the U1ited States. Q Du:'ing the first few months of their living together here ic Was~1in ton, Pennsylvania,he didnIt hire any maid or housekeeper,diG he? A On occasion my sister-in-law Mary would go over and dio bings fo him,on occasion. Q Later on,Maria got sick with liver and gall bladder trouble? A I dcn't know about the liver. Q She went to the hospital and stayed,came out,and went back again is bat right? A Yes. Q Now,Mrs.Tallarico,it's perfectly true,isn't it,after Mrs. Tallarico had this --shall we call it--gall bladder seizure,_1er health was never the same? what I saw. A Q A I couldn't say,Mr.Terputac,I am not a doctor. You apparently came to her home.Well,what did you observe?1 1 couldn't say if 1 observed...1 observed her laying around.Ator her health,I can't say as I am not a doctor.I am just telling you I ! Are cou familiar with the fact she also had ulcers? I 1=====1================-=_="'==:::"'=:"":-_:..:=3:::,,;;;~c_4J==_I A I never did know what she did have.I know she went back. Q Did you visit her while she was in the hospital? A Yes. Q Are you able to converse in Italian fairly well?•A . oI-o. .:2Q !-o Cl oJ 0( c gA., No ..I would say no..! Die.Mrs.Maria Tallarico ever tell you why she was going back to i Italy? No~because she has to speak in Italian and I can't understand Italian. So when she would speak)my husband or my father-in-law,they would translate it. Your relationship was a little difficult because of the language barrier? I only could observe.I would have to use other translations . Repeat that. No.I was not told that. tha:she go back to Italy? ;: ~Q Were you familiar with the fact that it was at a doctor IS suggestion Qe::UIl-e::ot.~A l-e: ::J3 (Question is read by the stenographer.) oJ< ~A l;;,o Q , A We-::e you familiar with the letters that he wTote to her after she had gone back to Italy? Novl)when you say familiar--w8uld you explain that.word? Q We~l)I am afraid it is depended on what you knew the letters to .contain or saw them written.Of course,I imagine they were writt .n , in Italian.II--------tr------.;,;~-~~----------------------~.j...__ 35. A I ean't read Italian and can't understand.As far as observing Papa write the letters,I would say no. Q You were familiar with the fact that he mailed money orders tc her every month? , A I knew that he had an agreement,yes,if that is.what you mean..yES. Q And you do not know,do you,exactly when it was that Maria Tallarico learned of her husband's death? A No. Q Mrs.Tallarico,you testified on direct examination regarding certain receipts.By whom were t0ese receipts signed? A My father-in-law. Q And to whom were they payable? A To his wife. Q Do you have those receipts? A Yes .. Q The one for $1600,was that payable to Maria Tallarico? A Yes. Q You are sure that was the amount? A Yes,I am sure of that amount. Q $1600.00. Q The ::-eceipts for the $30,were those money orders,money order receipts? A I am not sure of that,Mr..Terputac.When you send money to }!.?-l or a foreign country,you don't get a money order such as we send to Pittsburgh.I don't know what the official name would be. Q Tten you stated that there was a ticket for placement with an airline agency in Pittsburgh? A Yes. Q For whom was that ticket? A For his wife,Papa's wife. Q Did you actually see the ticket? A No,sir,it isn't a ticket.It's money placed for a ticket.It's not a ticket. Q In whose name was it placed in behalf of? A His wife. Q That money was never withdrawn,you say? A As far as I know. Q Do you recall the date of that placement,approximately? A Yes,it would be in October,1962. Q wten she...STRIKE THAT ...when was the last time that you saw Maria Tallarico just before she went back to Italy? A November 1,1962. Q Were you at the airport? A Yes,sir. Q During that day,the few preceding weeks,is it not true that her health Was not good? A {I tell you again.I couldn't say whether her healt~was gO()d._!did l~_t__~_ 37. examine her.I can't say.I can only observe.I can make no statement on her health. MR.TERPUTAC:That's all. •(Witness excused.) DIRECT EXAMllJATION BY MR.PATRONO: Josephine Tallarico. We are going to try to do this in English.You listen real carefull . What is your name? ~MRS.JOSEPHINE TALLARICO IS CALLED.z«~>-enzz~Q ioI-elZ Xen ;A ..=u Q0:-.I-en0 A•...«u0 Q:l., :tI-~A !Ii0:Q1&II-0: 0Do1&I AIt I-0: :l0 Qu...« ~A II.0 e Q A Q And how old are you? 23 in February. What is your husband's name? Frank Tallarico,Jr. And where did you live before you got married? 134 Weirich Avenue. Before you got married? Before...in Savelli,Italy. What was the name of the town? Savelli. Now,where did Mrs.Frank Tallarico,Sr.,the father's wife, where did she live? A She live not too far. Q Did she live in the same town? _..---4----1 A Q A Q•A ~Q !: 0(>A...I;.. III!:...=ii Q.....5-A, Ii!: I:n0(Q~ .; J AI: n5 Qe.J0( J ::l A::l.., :x..~Q:II :IiJ:A.Il-J: ::l:l-.Il QJ:-J:::l::>:.J ...I< :.J A.L ""::> QeA Q A Q A Same town,yes. Did you know her before you got married? No,I know her after she marry my father -in-law. 'When did you get married? November 6,1960. November 6,1960? 1960. And do you know when Mrs.Maria Tallarico was married? I married Sunday;she married same Saturday. 'iNere you at her wedding? Yes. Now,you met her through your husband? 'iNhat? You met her through your husband? Marry him,yes . Now)d~d you come back to this country or did you come to thiE country after? After,yes.After six months we come together. After six months,why was that? (No answer) 'iNhy did you wait six months? ,So papers,everything ready. For the papers? The papers,right. ,I Q A Q A•Q c(Az0(>.J Q>-enzzIII AQ, i0I-Q~z :z:toc(A~ ..=!:!QlI:I-CIl 0 A•...J« U C Q:J., J:l-I'AN u) II:III Ql-ll:0Q, III AII: l-II: :::l0U .J« u QIi.Ii.0 AeQ A Q 39. The immigration papers? Yes. She waited six.months,too? Yes . Did you come together? Yes,we come together. Where did your husband meet you when you come over here? Pittsburgh. Where did the older Mr.Tallarico meet her? He come to New York. He came to New York and you met your husband in Pittsburgh? In Pittsburgh,yes . When you came,where did you live? 134 Weirich Avenue. Was that where your father-in-law lived? In the first floor,he lived,first floor.We lived upstairs,second floor. When you first came over here,did you live together over here? Couple weeks,we have no refrigerator,no nothing. Then you moved upstairs? Yes,v·/e buy refrigerator and everything.We IT_ove upstairs. How did Frank Tallarico--that's your father-in-law--and his wife, how did they get along at first? A First couple months,first couple months,she was do some coo~, ----t----I but after,no good. Q All right.When was it you would say they first began having i trouble? •A I think after...just started before she went intc the hospital. Just a little bit.I,you know,we stay upstairs.We stay after a little. A Yes. Q What atout? to the hospital? You may stand near the witness.We will Your Honor mind,I am having difficulty. she start..we have cellar,to go throug"h her door. try to get it. MR.PATRONO:We are going to ~1.ave to back up there (Answer is read by stenographer.) Q Did Mr.Tallarico and his wife have any trouble before she went THE COURT: MR.TERPUTAC: Q Don't ~"O too fast. Q You say they had argued before she went to the hospital? A You know,she wants everything her way. A Just,you knovl,they ar gument together. ~.~ 0(>..>U :0:..LIIIIII. i(. ~co Z :JIII.. 3: ..." I l: I ll:~'II: a•.J<[ Ua:J... :I:to-r-N ~II:'IIIl-ll:0lLIII ll:... ll::J0U .J <[ u iL... 0 e Q All right.Novy then,after ...STRIKE THAT.\Nhen she was in the hospital,did your father-in-law help her any? A When ste was ~n the hospital? When she was in the hos ita II.A He help her? I 4l..._..-....--- A He we~1t in the hospital.When he come back into the hospital upstair's,I do the best I can for him.I help her before and after she come from the hospital. Q What I am getting at is,did you go up to t':1e hospital when he was•there? I~A Yes. ~<>..Q Did he help her any?>-III;;;: ZIII ic...Qe2 :Iiu4 A~ I-U II: I-IIIii Qe.J:sl) C; :JI-. J:...~.A uiII:QIIIl-ll:0lL III AlI: l-ll: :::I0U ..I« u Qii:lI. 0 AeQ What d:'d he do? She no understand,speak English.He do her,help her.He, you know... Did he stay there to help her with her English for very much of the day? I don't understand. You don't understand.How much of the day would he be there? He...two times a day.In the night,he come back late when the hospital,nine <)'clock,he come back. What time of day would he go first? I don't remember. You don't remember.When she came back from the hospital, did.. .how did she and her husband get along? A She no get along with him when she come back from the hospital. THE COURT:I didn't get that. (Answer is read by the stenographer.) •c( zc(>oJ>-IIIZ ZIIIII. i0l-e>z J:IIIc( ~ ...: !:! 0:I-III 0•oJc( ~0:l.., %I-,... N ui0:IIII-0:0lLIII0: I-0: :l0U oJ« uu:lI.0 e , in the GJmmonwealth of Pennsylvania? A Thirty years. Q This means you were licensed in 1933? A 1934 . Q That's right,it's '34.Did you,Doctor,in the course of your professim al work,have as a patient Maria Mauro Tallarico? A Yes. Q Had you known the Tallarico family prior to her coming under youn care? A Yes. Q Had you been the family physician for this family? A I had been the family physician for the Tallarico's for,I would say,29 years. Q Now,when did Mrs.Maria Mauro Tallarico first come into your care? A I :irst st9.rted taking care of her after she was"married to Mr. Tallarico. Q.And did you attend her during her period of hospitalization? A Yes,I was the general practitioner.There were other people in on this besides myself. Q And did you continue to attend her as long as she lived here? A I attended her.I know she has been to other physicians as well. I had seen her on numerous occasions. -----..----------------------------,....-., 44. I can't give you the exact date.It wasn't too,too long. Can you tell us in terms of weeks? Possibly six weeks,more or less. VJhat were the conditions which you ~reated her for and for which she was being treated during this period of your attendance? I treateo.her for primarily two different causes.When I fi:-st saw her)she had a history of gall bladder trouble.We had her JX-rayed.She also had gall stones.She was referred to Dr. Tracy Bryant and he performed surgery.Following this,she did fairly well and then she began to complain more.We had her X-rayed.She was hospitalized for a short time and diagnosis of a dU-Jdenal ulcer was made. Did anybcdy else work with you on the duodenal ulcer? Dr.Bryant did see her on this,as well--Dr.Tracy Bryant. And I had sent her to Dr.Bryant's office on several occasions to check her on this. How did she respond to the treatment which she got for these two conditions? She responded to the gall stone operation very well.As far as the ulcer,it was more or less a recurring thing.She would feel well and then feel badly,just the way things continued. Q Now,Doctor,was there any reason why Mrs.Tailarico found it necessary :0 go to Italy for the treatment of these conditions? A To ny mind and in my professional oDinion.there was nox.eq,S,.o...n.....f"'fttl....r , -, Q A Q•A ~..:(>.J~QD....iiL.. 0I-0 A.- ii~Q~ .=(J 2I-g Qe~A-:: u Q:a Q... ~r·a Iil:11II Al-ll: (. II.11IIlI: l-ll::-(.QL' ;;-LiiII( e A __4Q.~- ter to go to Italy for these conditions. "Vas adequate treatment available for them in this country? Very definitely. Was there any superiority of treatment there to your knowledgE? As far c..s ...in my professional opinion,no place surpasses the United States as far as treatment for any disease . Did you ever advise Mrs.Tallarico she should go to Italy for h:;r health? No . Did she at any time fail to secure professional services from you by reason of her husband being unable to provide them? Eer husband was always more than vi/illing to provide for her. Can you state from your observation whether he was attentive to her and cared for her during her period of illness in the hospital? In my observation,he was always attentive and always tried to do what he could for her and always insisted she take care of herself. Doctor)did you ever have any conversation with him with respect to whether or not his married life was a harmonious and happy experience? Yes,I have had a lot of conversation about that condition.Fact is. he would confide -in me and Mr.Tallarico himself was a very s~ck man for a lot of years.He had been hospitalized and several time he was critically ill.With the sickness of his wife,it was putt:.ng Guite a burden on him and he was do:nq everything he could fOEt- to get her straightened up so that she could help him.As far as I could see and from what he told me,the entire thing backfired or. him and he was having considerable trouble.Was very unhappy and I knmv for a long period of time they were talking about her returning to Italy because of the incompatibility between the two. And I kno'JJ'on one occasion... MR.TERPUTAC:Excuse me,Your Honor.I object to that as being irrelevant and not responsive to the question. THE COURT:Objection is sustained.I think what we have on the record is responsive.As far as the conversation that he was getting into,I think that would be unresponsive. Q Doctor,I believe that you stated that you did know from conversati-Jns with Mr.Tallarico that there were negotiations between himself and his wife pertaining to her returning to Italy? A Yes. Q Did you have any conversations with her on the subj ect? A No. Q I p~esumE you have no personal knowl2dge of the arrangements pertaining"to her return except what he told you;is that right? A Q A That's rig"ht. Did you ever have any conversatiotEwith her with respect to wheth . she regarded the marriage as a happy and harmonious experience?1 I.No. MR (Discussion between couns el and the Court,at the direction of the Court,: is not reported.) • Q Doctor,will you state whether or not after her convalescence from these two experiences in the hospital,Mrs.Tallarico was :.n such condition that she could have done housework that a wife You may cross-examine. Ordinary housework she could do,yes. ordinarily does? MR.PATRONO: :!...~~:-AD......i:iL... o..~CROSS-EXAMINATION BY MR.TERPUTAC: ii~Q Doctor,d'J you recall when it was that she first,Maria Tallarico e:o 2 first saw you professionally?..e Q .J A,The exact date?~'o ~Q .,'Try to give us a month if you can. ;:: t- II,A (No answer) Qc:~Q You don't have your records here? oc.. L2~A No,fact is,I didnIt think I would be allowed to use my recordsc::J g because of professional....; u c THE COURT:Immunity.L.o A Immunity. THE COURT:Sometimes they are excused for that purp se. Then others,we admit other facts concerning the record.We will try to get along without them. A It was right after she got married. (That's not uite accurate.She didn't come herp'le.diat.aly..~.~__ 48.-, will let it go.How many times did you treat her professionally not counting the hospital? A Practically continuously.Off and on treatment from the time I first saw her.When she came to the United States until,I would say,six to eight weeks when she went back to the old country,Italy. On::::e a week,every two weeks? Sometimes more often.Sometimes there would be some weeks when I wouldn't see her. How'long was she in the hospital for the gall bladder operation? About two weeks.She went through tte normal convalescence. Was the recovery uneventful? Yes. After she was released the first time,did she see you professionally about abdominal or stomach distress? After she was released from the hospital she saw Dr.Tracy Bryant. I understand that...post-operative care.I After a period of time,he referred her back tome. Is that when you referred... He referred her back to me with this gastric complaint. Was there any operation done on acc01'::.nt of that? No. Was she hJspitalized on account of that? Yes. Do vou recall what the treatment was? I 5Q.~ conditions or any other is the best in the world in the United States:-- I and I am not a physician,and I am not prepared here to state, • merely my Nobel prize readings leads me to doubt that--assuming- that is so,don't you think that for climate reascns she might want to go back? around becsuse of her complaint.I don't know where she went. That I don't know.She went,I think,she did a little shopping ..' For climate reasons? Yes,sir. No. How many doctors besides Dr.Tracy Bryant attended her? The only one we are certain about is Dr.Tracy Bryant? Were you ever ...did you ever have occasion to visit her «A z<>Q-..J)- WIZZ11/AL i0to Q"zxWI<A~ .-- ui lI:IIIl-ll:oa.~A l-I[ :J8 Q ...I< u ii: lo.o professionally at her home? ·Yes. Would that te some of the times,or some of the times there and some of the times at the office? A More at the office.I saw her a few times at home. Q Did they caE you? ..A They called me down for stomach-ache.I think I saw her for an ac te respi~atory.. . Q Was this after the gall bladder operation? A Everything was after the all bladder 0 eration. MR.TERPUTAC:That1s all,Doctor. REDffiECT EXAMINATION BY MR.PATRONO: • Q A I believe you said,Doctor,during response to cross -examination, she was responding.. . Yes. ~Q ...to the duodenal ulcer?«>.J~A She was responding.There were perioc.s she would feel good. z\oJ~Q The question I would ask--was her over-all response an improvem~nt oI-~in her condition?:J:III«~A I don't... t-=u~Q IIIo .J« u c :l.., J:.."N A ui0:~Qo0. \oJ II:A I-0: :l 8 Q .J« U ii:lo.o A Eliminating ':he episode of one particular day,as a result of the treatment she was getting for this ulcer,was her over-all conditicn i:r:p.proving as she went along,would you sp,y? I woul::l say no. Would you say it was getting worse? More or less a static thing. Is there any recognized relationship recognized by medical science between climate and duodenal ulcer? No. .• THE COURT: BY THE COURT: I have a question of the Doctor. Q Dr.Sposato,you indicated that there is a cure for·~his condition. Do you refer to surgery? A No.Most ulcers you can heal with proper medication,treatment a d --.Q2 .. proper cooperation from the patient.It takes both.I would say that--I am talking about duodenal ulcers --but duodenal ulcers, .t ..•:! ::!:0(>oJ;- fl~ ~ii L ~ 0t-., ~ 0 0(.,~. .:Cl ,c:t-.Cl CeoJ 0( 0 C :J., ;::.. Qj you donlt have to worry about it turning into cancer.It's not an ulcer that turns into a cancer.You treat them with medication and I diet ordinarily.I would say in the greatest majority of the cases they will heal.The only time that surgery is performed is if they start to obstruct the stomach,if they wouk perforate or something. Q Did either you or Dr.Bryant recommend surgery in this particular case? A No,Dr.Bryant sent her to me for medical treatment. Q She followed the treatment you prescribed? A That I couldn1t answer.The doctor isn't there to see. Q For the condition she had,how long would it take if treatment was given,prescribed and followed,how long would it take to alleviat e • '. cic:~the condition? oe-LI~A It could go from,I would say,anywhere from six months to two or c: :Jou three years . ..I< E THE COURT:I have no further questions. o RECROSS EXAMINATION BY MR.TERPUTAC: Q Have you seen her professionally since the time she went back to Italy? A No. MR.PATRONO: MR.TERPUTAC: That's all,Your Honor. That's all Dr-r>1-r-"Y' 7 53. THE COURT:You are excused,Doctor. (Witness excused.) three minutes it is not worth putting the witness back on.• MR.PATRONO: THE COURT: I presume,if the Court please,that for Well,it appears we will have to adjourn We will confer with counsel and the interpreter and try to get a date as Thank you.MR.PATRONO: ~for the day.I don't think we had better fix a time for the next session. 0(:-..J:-D ~i:i~soon as possible. o....o~ ., o0(::MR.TERPUTAC:Thank you,Your Honor. •• t=o c:THE COURT:l-II ii...<o C:J "" We will adjourn. * * * * * * * * * Acting Official Stenographer. g I hereby certify that the proceedings ~and evidence are contained fully and accurately in the notes taken by me ~on the hearing of the above cause,and that this copy is a correct ~transcript of tte same. l: :loV ..J..; vii:lI.c· The foregoing record of the proceedin s upon the hearingof the above cause is hereby approved and directed to be filed. B P.J. ,-------#-_._------_._- --- I -, I IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA •i, « z )~IN RE: oJ )>en ~ESTATE OF ) III )No.412 of 19631 O.C.Q, ~FRANK TALLARICO~) l-)Clz~Deceased.) «~ ..:u,It I-CONTINUED HEARING ON PETITIONencFORFAMILYEXEMPTIONieoJ« I u 0 :J., J:l-~BEFORE:THE HONORABLE P.VINCENT MARINO~P.J iii of the said Court. ItIII I-It 0Q. ~APPEARANCES:THOMAS J.TERPUTAC,ESQ.,of Washingtonl II-Pennsylvanial representing the Petitioner;It:J0U oJ FRANCIS H.PATRONO,ESQ.,of Washington.« u Pennsylvania.representing the Respondents.ii: II. I 0•TIME:Thursday.July 2.1964:.at 10:00 A.M.I E.D.S.T. ************ \--- ~---------..-----------------------------------.--------. 2 INDEX TO WITHIN TRANSCRIPT Cross Redirect Gladys C.Marshall Salvatore Affitigatto J osephine Tallarico (recalled) e- WITNESS Maria Tallarico (Continued) <Paul P.Posa~Esq. z<>..I>IIIZZ1&1II. io~Serafino Tallarico (recalled)z J: III<~ 3 11 Direct on Rebuttal 14 19 22 30 31 Cross on Rebuttal 17 22 32 EXHIBITS Tallarico and Mauro Maria Tallarico,admitted on Page 13. ..: U Maria Tallarico (recalied)Sur-rebuttal---(34;}0:: I-III Ci ..I< U o ***************:J.., :tI-"N ui ll: 1&1 l-ll:oII.~EXHIBIT NO.1 -Agreement dated October 26,1962,between Frank l-ll: :Jo U ..I< U ii:...o 3 / went to Rome to the doctor's. CONTINUED CROSS EXAMINATION BY MR.PATRONO: Q What was the period of time when you were in Rome? I t' everyday. I have nephews over th,er'e and they brought me there to the doctor's when you returned to Italy? me to Italy.After one day that I arrived at my home in Italy I (It is noted for the record that Mrs.Tallarico and the interpreter, Mr.Anthony Note,have previously been sworn). (The interpreter puts the question to the witness in Italian;the wit'ness answers in Italian and then the interpreter gives the answer in English in the exact words of the witness). for treatment,i.s that right? A I arrived in Rome on the 6th of November and my nephews brought A Q The question is when did the stay in Rome begin with reference to MRS.MAIDA TALLARICO IS RE-CALLED. A Yes,I was,for my health. A When my husband sent me to Italy I was in Rome for two weeks. Q How long after you arrived in Italy did this period .in Rome begin? Q Mrs.Tallarico,I believe you said you were in Rome for two weeks , I '- ~ I : i e ~z«>..I )- '"zZIIIr.. i0I-0Z :t Ul<~ .:u II: I-III 0e..I« U 0::>., :t,~I'N l/:' II: III l- I II: 0a.'"0:: I-0::::> 0v ..I« uii:II.0 e Q Did you stay with your nephews in Rome? A Yes,I stayed there. Q How far is it from Savelli to Rom e ? A I don't know how many mile.s"but I catch two busses to get there. Q How long does it take? A It takes one day on the train~ Q Is it not true that it is not nearly as easy to get from Savelli to Rome as it is from Washington to Pittsburgh? 4. A «z«>.J>-QUIzZ1&1 0..A z 0I-el Qz I: UI«~A ..:~QI-UIae.J A« u 0~Q x0-r-N iii0:~A0:00..1&1 0: I-0::> 8Q .J« u Au.u.0 It's harder,longer on the train from Savelli to Rome than it is from Washington to Pittsburgh. What was the name of the doctor in Rome? I do not remember what his name was.I have pictures. Pictures of the doctor.? Those were X-rays to see what was wrong with my stomach. Do you have any bills or statements from the doctor? I have got some bills but I left them over in Savelli. Since the last hearing have you made any attempt to get the letters which you say Mr.Tallarico wrote you from Savelli? I did have the letters but I do not have them now.They are in Italy with my daughter. Did you do anything since the last hearing here to try to get them bac ~? Not last week but I wrote some time before but I could not find the letters.They are either destroyed or something. Q Then I gather from the fact that you were in Rome for two weeks that you would have returned to Savelli before the first of December of 1962 ? A I stayed there up until November 22nd. Q And then returned to Savelli ? A YesI I returned to Savelli to my daughter IS. Q Did you consult any physician or hospital in Sa-V'elli after your return P A I went to a doctor in Savelli but the doctor told me there what they told me in Rome is all right. 5 Q ~Az~>~Qellzz~A They said that you were all right? The doctor in Savellil what the doctor told her in Romel was all righ . You saw this doctor in Savelli once? Four or five times. io~Q Now did you not say that your husband wrote to you twice a month ant :tell~asked you to come back? ..:~A0:I-ell~Q 0( ugA.., :t..~Q ui ffiAI-0:oll.. III 0: I-0::>8Q .J0( ~AlLlLo Q A Yesl he wrote to me twice a month,to return to the United States. You have none of those letters with you? N01 I do not have any. Why did you not return to the United States? Yesl I wanted to come right away but I do not have the receipt to return. You returned on September 4.19631 is that right? Yesl the fourth of September.1963. That was after your husband had diedl was it not? I did not know he was dead when I left from Savelli. Q How did you get back then when you say you hadn't been able to get back before that? A I could not come back at that time.I wanted to come back two mont~1 before but I couldn't come because I did not have the receipt or letter • Q A Q « z«>~AIIIZ Z IIIc...QzoI-~A J:UI~Q ..:~A I-UIo.JQ« ugA.., :t..,.. C't uiII~Qoc.. 1IJllA l-II :loU ..J« t: lI.lI.o Q for my return. How did you manage to corne on September 4,1963? I had perm::'ssion to corne within the year. I will re-state the question.How did you manage to corne on Septem er 4,1963 when you say you weren't able to corne after November 22, 1962 ? I was still sick in November and I could not leave at that time. How about in May? I wanted to corne the first of June. Why didn't you? I did not have the receipt to leave from there. How did you manage to get here then on the 4.th of September? I paid my fare then from Savelli,Italy to Rome then from there I came to the United States. Why couldn't you have done that on the first of June? I did not have a rece'ipt at that time but when I did get the receipt and the correspondence I had with the agency,that's the reason I came in Sep:ember. Now is the receipt that you are talking about something from the William Affitigatto Agency? 6 A Yes.That's where the receipt came from.It's from the William Affitigatto Agency. Q A When did it come? I had to pay my own fare from Savelli to Rome and from there I carne ----------..-------------------------------------,------, 7 to America. Q Couldn't you have done what you did on September 4.1963.on JunE • 1.1963? A Yes.I wanted to come then.I needed one paper to get on the boat fr<m Rome to here.I mean the airplane.I had to have the paper from ~z0(~~Qzz1&1 0.A ioI-~Q J:III0(~A ~~QI-IIIc.JA0( u o ~... :I: l-I'-l'lIQ Rome to New York. What paper? It was a paper that showed my return fare was paid for. When did you ask for that paper? I asked for the paper in June. Who did you ask for it? I wrote to my husband first then I understand he was in the hospital then I wrote to Pittsburgh. Did you write to the Affitigatto Agency? uill:~A Yll:es. o0. I.a ll:Q When did you write?l-ll:~ 8 A About the first of June ..J0( ~Q Did they reply promptly? o A Q 17th of July I received it. Why didn't you come then? A I had to get money from some other person from Savelli to Rome in order to return to the United States. Q Didn't you say in the last hearing that you paid that out of the $1600.00 you had? .-------------n------------------------------------.---~ 8 A I paid for the trip going over.for the doctors.for the hospital and the money wasn't enough because he only sent me $30.00. Q Didn't you say in the hearing we had about a week ago that the source II_ I of the money to pay for the return trip was the $1600.00 your husb3.n~ gave you? <Az<~>-IIIZ ZIII II.Q i.ol-e>z :J:III<~A ..=~QII:I-III ! c_-I A< U I 0 I ~Q :t l-I'til ui1I:~A1I: 0II.IIIII: l-ll: :J 8 Q -I< uii:AII.0_Q A Q A Q That money I received from him.the $1600.00 was for things that I needed.the money for over there. As a matter of fact.didn't you pay all the return passage and isn't the money that was deposited with the Affitigatto Agency still there? Yes,the money is still in Pittsburgh. Didn't you pay for the entire passage back? No.The return trip was paid from the $1600.00 my husband gave m . Why did you tell us just a moment ago that you had to get a paper from the Affitigatto Agency saying they would pay for it? No.I did not use that money.That money is still there.I paid my return trip from the $1600.00. Why couldn't you have done that the first of June? I wrote in June but I did not get any word until the first week of Ju:y. You had the money to come back in June.didn't you? Yes.from what my husband gave me. Why didn't you come? I didn't have reservations for it to return at that date.on the airplan .I I believe you said at the last hearing that you did not sign Exhibit IIC' in WashinE"ton. .-----------,...----------------------------------------.--- 9 MR.TERPUTAC:Just a minute,Mr.Note.Now,Your Honor, as I recall the testimony,this witness said that that was her signature,but that she could not recall signing it in Washington. And I don't think the question that Mr.Patrono propounded to the witness is accurate. ~Q«>.J>-Ul Z Z III II.A ioI-~Q J: III«~A Your Honor,I will redraft the question.Did you not say at the last hearing that the only documents you signed were signed in Pittsburgh~ Yes,in Pittsburgh. Now take a look at your signature on Exhibit "c"please. Yes,this is my signature . Yesl at Paul Posa's. Wasn't that signed in Washington at his office? Was that not signed in Washington in Mr.Posa's office? ..:~QI-IIIi5 .J A« ui5~Q :I:~,... N A Yes,in th·e office. iiia:~Q oII.III a:A I-a::> 8 Q .J< uii:II.o A In Washington? Yes. Why did you tell us at the last hearing the only papers you signed wer e signed in Pittsburgh? I said I signed two papers.I might have been mixed up. Q You definitely said the only papers you signed were signed in Pittsbu g.:1. Now why are you saying today that you signed that one in Washington. THE COURT:Mr.Note,I wonder if she understands that you are asking her whether or not she said at the prior hearing that the only two papers she signed were signed in Pittsburgh;not that she --------------------------------------.-------~ 10 signed two papers.She is repeating time after time after time that sllle said she signed two papers in Pittsburgh.The question is,didn't you say at the last tlearing that the only two papers you signed were the ones you signed in Pittsburgh? Q And how does that square with your testimony today? two papers she signed were the two that she signed in Pittsburgh? (Mr.Note,the interpreter,puts the above question to the witness). Pittsburgh.The question is did she say at the last time that the only question. Yes.I don't think she is getting the entire She keeps answering that she just signed two papers in ~THE COURT: <>.J>-IIIZZIIIII. io~Cl.Z XII<~ ..:~A Yes"I signed two papers only in Pittsburgh and I may have been~WIo ~mixed up. uo ;THE COURT:Now she says she signed two papers only in Pittsburgh.She still didn't answer the question. wi II: ~Q oII..III II: !-II: :JoU .J< ~AlL.o Why did.':you tell us at the last hearing that you didn't sign some papers in Washington and are saying today that you did sign the paper~ in Washington? Maybe I did not understand. Q Has anybody explained to you since the last hearing what you said? A No"nobody talked to me.I may have got all mixed up. Q Now at the last hearing you were asked if you knew Mr.Posa and you said maybe he was one of the fellows in Pittsburgh,did you not? A No"that wasn't Paul Posa in Pittsburgh. Q Didn't YOU definitely state when you were asked if you knew Paul POSe 11 that he might have been one of the fellows in Pittsburgh? A Yes;I know it wasn't him now.Because I may have been mixed l:p. Q Why do you know it wasn't he now? A I saw him come in now and I know that's Paul Pasa. Q Did you not go to his office and sign an agreement,namely Exhibit ii :1 . Ii II• Iexamul!les(Witness "C",dated July 3,1962? said Exhibit "C".)Yes,I signed it. I do not remember the date but it was July 3rd. « z«>~AIIIZZIIIII. io~Q As a matter of fact,Mrs.Tallarico,didn't you consult Mr.Posaz I:III~after you returned to this country after your husband's death? Ie ..: U Aa:I-III ~Q« Ug A., J:..~Q Yes,I went to Paul Posa's office t?have him defend my case. Why couldn't you remember at the last hearing then who he was? I think I said I was at Paul Posa's last week. That's all the cross examinatio.n I have. RE-DIRECT EXAMINATION BY MR.TERPUTAC: re-direct. ttia:~MR.TERPUTAC: a:oII.IIIa: I-a: :JoU .J« uii:II..o If You.r Honor please,I have a few questions on Q Mrs.Tallarico,when you first came back to the United States from Italy on September 4,1963,where did you go after you landed at the airport? A I went to the Italian Consul and they sent me to---and I was sent to a friend in Washington here. Q Did you make any telephone calls from Pittsburgh to Washington righ MR.PATRONO: MR.TERPUTAC: MR.PATRONO: ---------------------------- That's all. Tell her she's excused.Mr.Note. Let me ask just one more question.Do you 13 have any ::-elatives that live in this area? A No,I do not have no relatives.I have some cousins but they are MR.PATRONO:•A cousins of my mother. Do they live in Washington? Two of them -stay in Washington;two nieces stay in Washington. ~MR.PATRONO:Didn't they let you know before you came that l\~r. «>oJ~Tallarico was dead?IzZI&J 0...A I had a call made from Pittsburgh and one of my nieces told mezo~~z Frank was dead. I:III«~MR..~PATRONO:That's all. of our case,Your Honor. PATRONO: TERPUTAC: ~.u~MR. IIIc oJ«~.o~MR. :t..r- III MR.TERPUTAC: We offer into evidence Exhibit No.1 as a part Is that the agreement,the Pittsburgh one? Yes. ui II: IIIli:MR.PATRONO:No objection.oII.III~THE COURT:The same is admitted in evidence and madea::> 8:p~rt of the record.oJ« U ~MR.TERPUTAC:That closes our side of the case,Your Honor, o on this matter. MR.PATRONO:Mr.Posa? MR.PAUL P.POSA~ESQ.~IS CALLED AND SWORN. '..." DIRECT EXAMINATION BY MR.PATRONO: (REBUTTAL) Q What is your name? 14 II A QeA «Qz«>oJ A>-UI Z ZIII QGo i0I-ACl Z J:UI«Q~ ..:u A0:I-UIe0 QoJ« u0 A:>., J:l-I'-QN iii 0:IIII-0:00.. III A0: I-0::>0 Q\) oJ« u l&.l&. 0 e A Q A Q Paul P.Posa:r Where do you live? 239 Moffat Avenue,Washington.Penna. Wnat is your occupation? I am a lawyer. Are you a duly-admitted member of the Bar of this Court? lam. For how long have you been a practicing lawyer? Thirteen years. Where do you practice your profession? In the City of Washington. Have you throughout that 13 year:period practiced in the City of Washington? Yes. I am going to call to your attention a document which has been identified in this proceedings as Exhibit "c"and ask you first if you will look at the witness lines at the end of the document and tell us whether or not your signature appears there as a witness. It does. Did you witness the execution of that documect? I did. Wnere did this take place? --------------------------------------,,------ 15 A In my office,Washington Trust Building. Q The docu:nent which you are holding called Exhibit "Cll was prepar d by whom? A It was prepared in my office. Q .1:of)c.~A -~Q tl ::l .I 0( J ~A.., :I:..... :'I Q -J:::>J. ~A ......:) Q At the time 9f the signature of this document who were present? In addition to myself,Gladys C.Marshall,a Notary Public;Fra:lk Tallari.co..and Maria Tallarico were present.I don't think anybod else was there.I don't rerm.ember. Those ones were there? Yes,I am sure of that. Now Mrs.Tallarico cannot,it is obvious,speak English.Were you able to converse with her in Italian? No . Do you know whether anybody explained to her or purported to explain to her the provisions of the agreement? I don't remember how it was done but I remember reading the agreement and either Frank Tallarico or perhaps somebody else that was present,I don't remember,interpreted it for her. You read the provisions and somebody translated what you read into Italian;is that correct? A Yes. Q A Was this before the signature occurred? Yes. Q Had you seen Mrs.Tallarico before the occasion of the signing A Q A Q <iA<>.J>-L1ZZIIIa. iQ 0I-0';.A :I Ol0( ~ ..=tl II: t-IIIe0 .J0( U ·0~Q :tl-I' ('II iiiII:III l-ll: 0ol.!.Il~Aa: ~ 0~Q 0( u ~A 0 e Q A Q or did she simply come in on the day of the signature? That was the first time I remember seeing her. Now had you had occasion to see her at any later time? Yes. When was that? She next came into my office in September;September 9 I believe it was.September 16,I beg your pardon.September 16 of 1963. And this was after her husband had died? Yes.I would like to say at this time before I answer anything else, that anything that occurred at that time I consider as the confidectia communication;and lId like to have a release from Mrs.Tallar:.co before I'e:testify.;~to anything that occurred in my office. Well,I'm not going to ask you about your communications between each other.How many times would you say she was in your offi ee at that time? You mean including that time? Yes. It was either two or three times.Most of the communication wa.:; through Laird persons by telephone. She was in your office two or three times? Yes. And in addition to that did you receive---did you say you received 16 telephone calls from third persons purporting to be speaking for hel ? A I both received them and made phone calls to third person1=; Q Can you estimate the number of such phone calls? A I have six recorded on my notes.But I don't record every tele- phone call I make or receive. Q That's all. CROSS EXAMINATION ON HEBnTTAL~'BY-~MR.TERPUTAC: Q Mr.Posa.when Mrs.Tallarico first came to your office in July of '62.I take it that was the first time? A Yes.the day she signed this. Q Her husband brought her in? A Yes;she ,:::ame with Mr.Tallarico. Q And it was at Mr.Tallarico's instance and direction that that parer was prepared.is that right? 17 riAII:LJl-t: ~QLJt: I-~Aou ~QoLLo A Q That is correct. He told you what the contents of the paper should be.is that right? He told me. And whenever he brought her in on this particular day in July. the papers w'ere already typed up in your office.is that right? That is correct. No changes were made on the paper.were there? A Not in my office.But I understand that agreement was not used. They later prepared another one in Pittsburgh. Q Anyhow.that is the agreement that was signed in your office? -----------------------------------------------,---, 18 A Q A I Qe I A Q:!...:c>oJ AIiiI...... -jj L Q... (; t-~A 00(Q:= ..:u I::t-III 0 AeoJ0( I) LI !~.., I:-:~... iii i .: iii QI:-II:OJ...!IIor: t-Il: ~ 0 AII) ..J 0( ~II. 'J e A Q A Q A Yes. And you cannot $peak Italian,is that right? Not well enough to discuss legal matters. But anyhow you did not dis cuss this with her in Italian? I did not,no. You talked with Mr.Tallarico about the matters? That's right. And I take it Miss Marshall does not converse in Italian? Not to my knowledge. And you say you do not recall whether someone else was there,Mr -Posa? No,I don't.When Mr.Tallarico first came to my office he came in with a gentleman and I don't remember who that was;and I can't remember whether he came back the second time . I see.But you believe that either Mr.Tallarico or someone witi him explained this thing.Did you read it to him in English? I read the whole thing in English. To Mr.Tallarico? They were both sitting there and he or whoever did the interpreting, I think it was Mr.Tallarico,told her what was in it. Did she request any changes? I don't recall. After the discussion she merely signed it,is that right? She signed it,I know that.But I don't know what intervened betwee 11 19 the reading and the signing. Q Did both Frank and Maria sign at approximately the same time? A Well,they both signed that day in the office whUe'.owe were there. I gave them each a copy.I don1t know what they did with it. Q Did each of them retain a copy of this agreement,Mr.Posa? IA additional paragraph,as I recall. Yes,I did. signed? You didnI t prepare it? You actually physically handed each of them a copy after they were And you know nothing about the purported agreement which was signed in Pittsburgh,is that right? I had seen it because Mrs.Tallarico showed it to me later,but I had nothing to do with the preparation.But in reading it,it seemed to have the same terms as what I prepared,except one .:~A I-In a .J~ Uo :J.., :I:~,.. COl iii ll: ~Q That's all,Mr.Posa. o0..~MR.PATRONO:That's all,Mr.Posa.Miss Gladys Marshall?l-ll::Jo U oJ<~MISS GLADYS lVfARSHALL IS CALLED AND SWORN....o DIRECT EXAMINATION BY MR.PATRONO: (REBUTTAL) Q What is your name? A Gladys C.Marshall. Q What is your residence address? A 42 East Wheeling Street,Washington,Pennsylvania. Q What is your occupation? -----------------:''--,---------------,- A I'm a Notary Public and Publi~Stenographer• . Q Were you so engaged in the year 1963?: A Yes. 20 Q A "- A Q A And do you have an office for the conduct of your occupation? Yes,543 Washington Trust Building. \\Were you there in 1963? I was. Besidewou there is a paper called Exhibit fle l •I will ask you to look at it and tell us whose signature appears here as a witness above the signature of Paul P.Pasa? My signature. Did you witness the execution of that agreemerit ? Yes,I was there in the office. Were you at that time a regular employee of Mr.Posa's and in full time? No .. Did he calJ.~you in from time to time to perform notary and such services? Yes,when his secretary wasn't there. Will you look at the bottom of the page which your name appears as a witness and tell us if there is an acknowledgement of that? Yes,there is. Q And before what notary public was this acknowledged? A Q A Before me. Was that done at the same time as you witnessed the signature? It was. 21 Q And where did that take place? A In Mr.Posa's office. I(Q Do you recall who were there?z: 0(>~A I think just Mr.and Mrs.Tallarico and Mr.Posa and I were there~~.., II.at that time. %.~~Q And did Mrs.Tallarico acknowledge this document to be her i0(~act in accordance with the customary procedure? ..: U A II: ~~C ..I0( ~g Q.., I asked them if they acknowledged it and then the husband asked her,told her what I had said and she said she acknowledged it. And then you completed the acknowledgement? x..~A That's right. aiII:~QII:oa..~A ~II: :l8 Q ..I. 0( U ii: l&.o A Did you have any other connection with the transaction? No. You just went to Mr.Posa's office for the limited purpose of witnessing and acknowledging? Yes.And I have it on my notary book. Q You keep a book,do you? A Yes. Q And in that book do you keep the date of acknowledgements you take" A And the name of the attorney who called me. Q And what do you have on your book with respect to this matter? A July 3,acknowledgement of Frank and Mauro Maria Tallarico to_ an agreement and in parenthesis,(Posa). Q You may cross examine. CROSS EXAMINATION DNREBUTl'AL;'BiYCMR.TERPUTAC: ~Q Miss Marshall,you do not converse in Italian,do you? oJ.;>- 'fl .~A No ...:I, 22 ~Q ;,z ~A 0( ~ ~Qo~~.l/l o oJ 0( uAo :l.., ~Q "N You do not understand Italian? No. You do recall,however,Mr.Tallarico was conversing with Mrs. Tallarico in Italian about these matters,is that right? Yes. You did not understand what they were saying,is that right? ui A No.Il:IIJl-ll:~Q That's all. IIJ Il: ~~MR.PATRONO:That's all,Miss Marshall.Thank you. au oJ 0(Mr.Affitigatto? uii:... a MR.SALVATORE AFFITIGATTO IS CALLED AND SWORN. DIRECT EXAMINATION BY MR.PATRONO: (REBUTTAL) Q What is your name? A Salvatore Affitigatto. Q Where do you live,Mr.Affitigatto? A Penn H~lls. 23 Is he involved in the business? Yes. I'm the owner;the sole owner. Where is he at the present time? Would you repeat that? Briefly,what is the way in which you conduct business as a travel Yes;he's the office manager. travel agency business that you conduct? What,generally speaking,in a few words,is the nature of the He's in Italy right now. Yes,my brother . Now is there an Anthony Affitigatto? That was my lat e brother"William,who died some time ago. I didn't get that. And is he a notary public? William Affitigatto Travel Agency. What is the name of the organization by which you conduct businEss? Who is William Affitigatto? What is your occupation? I'm a travel agent,real estate broker and insurance broker. Are you a partner in the business J Q A Q AeQ ~A-<>...;..Quz i.ic.A;;: (I l- V Q;;: x CI'c: 3:A.." (. II Q..II C-A..-~c =Q 3~..l"A If" ll: lI- I-Qll: CQ. II-a:AI-a: Ct,;Q < t: ii:Il. C 'Pi Q agency? A Well,people come to the office;we have an agency and people co:n to the office to boo}\.passages for abrQad.And we book it with the comnanies airlines steamshin lines and soforth. Q Would the people pay you and get their tickets from you? A Right. Q So that your agency might to some people appear to be an office of the airlines or steamship company or soforth? I 24. A ~Q..-:>oJ>U;;:;;:...Ac:. ;;: 0~to Q;;: :I:(10«A~ .:L··QII"~1IoC A;; LC Q- J•,.Al' Ii1:1 II;Ql-It CQ. ll;AIt t-Il: C Qt. <II t:At..t..a Q Right.AgenL of the airlines or of the steamship company. Now were you present in your office on October 26,1962 when this document,Exhibit No.1,was executed? Yes.This is my signature. Now your signature appears there as a witness,does it not? Yes. This is also a signature of a Mary Scalzo.Who is she? She is the secretary there in the office. Has she been in your employ for some time? Oh,yes,over ten years. Now had you known these people,the Tallaricos before this? Before this? Before the date of this agreement? Yes. Had there been any previous arrangements with you with respect to passage to Italy? A Previous?You mean previous to this? Q Yes. A Yes. Q Do you remember on how many occasions there had been arrange- ments made to go to Italy? A Well,once before,the first time it was cancelled;and then the second time when she left;twice. 25 Qe ; ~Az ( I ": II Qz Z.&I :I..Az::> "z J: Ul0( ~ ..:(J ji:..(/)e ·0 .J Q0(,u 0:J... I :t..,.. N ui ll:l<I Al-ll:0II.l<I ll:Ql-ll::J 0·u .J 0( u ii:Al.I. 0 ,Qe A Q A Q When Mr.and Mrs.Tallarico came in did they have any document with them with respect to their separating? Come in when? On this occasion in October of 1962? Yes.They had a document similar to this.In fact,it was what you call---you can't call it the original,but it's similar to this; and then when they came in they asked about putting some money in escrow for the passage to come back. The document they brought in did not have any provision in it with respect to putting money in escrow for her return passage,is that correct? That IS right. And you say they asked you to have a document that would have sucl1.a.ptovision,is that what youIre saying? That's right. Incidentally,Mr.Affitigatto,do you speak Italian? I do. And did you talk to Mrs.Tallarico on this occasion in Italian? Yes,1 did. And did you understand fully from her what she wanted in the aQ'reement? A Of course. 26 Q Now then what did you do about getting a new agreement? A Well,we called Attorney Albo in Pittsburgh who is the attorney for the office and also the attorney for the Italian Consul I belie\re. And we explained this,what they wanted,what the Tallaricos ~z 0(>..I~VI Z ZIIIII. i.ol-oZ x:II0( ~ t Q ll:t-IIIo oJ0( l) o :l.., J:~A ai::i Ql-ll:oII. W ll: l-ll:5 Au oJ 0( ~Q lI.o A Q wanted,so he came over to the office while the Tallaricos were there,and this instrument was prepared.While l:le was there he only added this---there was a copy from I believe,Attorney Posa's agreement or something like that,and he added an additi-:>llC 1 paragraph there about the money in escrow. And so Attorney Albo came over and prepared ~his instrument and when you say that,you are referring to Exhibit I"are you not? The exhibit you have in your hand? Yes.I'm ref erring to this,yes,what I have in my hands. That is Exhibit 1.Now afte.r this agreement had been prepared we..e the contents of it explained to Mrs.Tallarico? Yes. Wilo did that? In part I did and in part my brother did.And in part Attorney Albo because Attorney Albo also speaks Italian and understands Italian. Was a full explanation of the provisions of this agreement given in Italian to Mrs.Tallarico? A Yes. Q Now this agreement is acknowledged before a notary public. I I .27 . A Yes. Q Do you recognize the signature of the notary public? A Yes,I do;it's my brotherIS. Q And did he take this acknowledgement at the time when you had?e A The same day.,yes. ~Q Now this agreement provides that the husband is to deposit withz~>..J your agency $370.34 to be held in escrow and applied toward the>-IIIz ZIII purchase of passage to the United States by the wife if she shoulda. z· 0I-~decide to return.z xIII~A Yes.~ .:u Q Was iiha.i.t$:mey deposited with you?0:I-,.III ae..J A.Yes,it was.~ u a Q The full amount?:l-, I:I-....A Yes,N sir. ui - 0:III Q Do you remember when it was deposited?l-ll: 0a.III A I believe it was the same day.i0: I-0: :l0 Q Has that money ever been withdrawn?u ..J« u A No,sir;it's still in e:scrow in our office.ii:lL0 e Q Have you ever had any request from anybody for that money;, specifically have you had any request at any time from Mrs.Tallar ico , for that money? I I A Yes.II Q 'When was that? A end of July.I i It was about the i I I 2.3 Q What happened then? A The end of July she requested the ticket could be sent to her for passage from Italy to America and at that time it happened there was a difference in fare from the amount which was deposited; about $18.00 and some cents.The fares had gone up.So then we called Mr.Frank Tallarico about---maybe the girl called an:! there was no answer or something like that,so finally we wrote after a few days that we received the letter.We wrote to Mr.Fra ~ Tallarico,adqressed to him,and I believe---I don't know,someon~, it was his daughter-in-law or Mr.Tallarico's son's wife that called and mentioned that Mr.Tallarico was at the hospital.He was sick.And that they would have,to---we'lliet you know in a day or so what weIll do about this difference of $18.00 and some cents. Now did you say that you had this request?Did this come by letter? Yes,around the end of July. Do you have the letter with you? I don't think I brought the letter.I don't have the letter.I have what we wrote to her.replied to her letter.Do you want me to reaj that? v'\That date is that? August 14. Yes.read what you have. THE COURT:Is that in Italian,sir?Was that written in 29 Italian? A Yes. THE CO"CRT:Do you propose to have him translate it? Q I would think so.I don't think it will do much good in the record without translating it. translate it.I see no objection to it.Do counsel agree to it? it?We have an interpreter here';if counsel will agree to have him MR.TERPUTAC: To Mrs.Tallarico . I'd like to ask him to whom the letter is? I was asking whether you want him to translatE;THE COURT: 0(>..J>-enZZIII0. ioI-~Z I:rn0(~A Maria Mauro Tallarico. MR.TERPUTAC: MR.TERPUTAC: ..:o II: l-I/) i:i ..J A0( o o:::l., :tl-I' III A Yes. Maria? In Italy? A IIDear Mrs.Tallarico.In reply to your letter of July 17.we beg iiiII:~MR.TERPUTAC: o0.III~A August 14. II: ::> 8 MR.TERPUTAC: ..J 0( o b:Honor. I&.o THE COURT: What is the date of it? I will agree to have him translate it.Your Very well. to inform you that Mr.Serafino Tallarico.the son of your husband. has communicated to us;has told us that he has written a letter and he is now awaiting your reply.As soon as he informs us in regard.we will write to you immediately.Regards.William \ ----------------------------~-- Affitigatto Agency." Q Was that the only letter you have then,in reply? A Wh~t did you say? 30 Q That is the only letter you have in reply to her request,is that correct ? You may cross examine. Yes. THE COURT: (Witness excused). ~A~>oJ~Qzz~L i~MR.TERP UTAC:Clz :z:~THE COURT: ~ ,:uitI-~MR.TERPUTAC: oJ« ~o :l., :t..,... III I have no questions,Your Honor. You are excused,sir. Your Honor,will you allow me a minute pleas ? Okay. SERAFINO TALLARICO IS RE-CALLED. REBUTTAL'EXAMINATION BY MR.PATRONO: iii0::I&l I-0::o0..I&l0:: I-0:: :lo~Q« uii:ILo A Q A Q Mr.Tallarico,when you looked around in your father's house after his death,did you find any personal belongings of Mrs. Maria Tallarico? I found none whatsoever. What was the period of time that your father was in the hospital during his last illness?When did it begin? He was in about a week the last time I believe;about a week. Had he been hospitalized before that final Deriod? J A Yes,he was in twice before. Q When did this round of hospitalizations begin? A He went :0 the hospital about June 1st of '63 and he was in about a week and then he came out;and about another week he had another attack;and the second time he was in about three weeks.And 31 MR.TERPUTAC: 0( z0( ~>-III Z Z 11/ll.. io~Cl Z Q :t III0( ~ ~!:~A IIIo .J 0( Uo ~Q :t..r- N A rtia:IAI~a:oQ. IAI~Qa: :JoU .J0( U l&.l&.o again he was home about a week to ten days and went in again;a:ld passed away on August 31st.So he was in the hospital there withi three months I'd say about five or six weeks. Now do you know whether or not Mrs.Tallarico had been informed by·.any<body that your father.was ill? .No,I do not know whether she was informed.I did not inform her. Yes,I informed her in a letter prior to her coming over here,yes Approximately when was that? I think about July,the latter part of June or July;something like th ~:, '63. That's all. That's all. (Witness excused). JOSEPIllNE TALLARICD IS RE-CALLED. ~.EBUTTAL'EXAMINATION BY MR.PATRONO: Q After Mrs.Tallarico left,and went back to Italy,did you see whether she left any clothes behind? A I went downstairs and I see Pa Pa after she left,after a few days, I don't know how long,I see Pa Pa take some good clothes and too old because the good clothes she bring with her,I see Pa Pa take the clothes and he say,"I go burn in the back yard because I no want to see her clothes." 32 Q Did he do that? ~A Yes.I see Pa Pa burn. ~>oJ~Q Did he send her any clothes?zz1&1~A No,after she left. oI-~Q That's all.:r 1Il~~ How do you know he didn't send her any clothes? Because I know.I was in the same house.I see Pa Pa"you know" he was say;"These old clothes,I have to spend $15.00 for post .:o~REBUTTALEXAMINATION BY MR. 1Ilo ~Q oo ~A :t.."N TERPUTAC: uiII 1&1l-II 00..1&1It QI-It :l0u AoJ« uii:Q...0 A Q A Q officeJ'"and he say,"I go burn because they no was,good." Were the old clothes burned you say? I see Pa Pa"yeah,take all her clothes and burn. What was done with her personal belongings like linens and sheets and soforth? I no see no sheets. You didn't see any of those? No. That's all. 33 MR.PATRONO:Had they sent some clothes over before she lei ? A Beforel yeahl lots of clothes. MR.PATRONO:They sent lots of things? A Yes. MR.PATRONO:Do you know whether or not they would havE sent linens and sheets then? A Pa Pa and her;both of them . we admit them in evidence now. moved for the admission of these exhibits but just to be surel That's all. Who packed them up to send them? If they have not been already admitted in evidertcel If the Court pleasel I think I previously sent before she left. let's see---to be sure I will not have overlooked theml I do mcve that Exhibit "A"I "B"and 'tc"be admitted into evidence. THE COURT: MR.PATRONO: MR.PATRONO: (Witness excused). MR.PATRONO: A She sent all before she left.She bring some with her and some she ~z~>oJ>UIZZIIIQ. i0I-eIZ :tUI«~ ..:(J ll:I-UI 0eoJ« (J 0:>.., :I:l-I'N ai ll:III l-ll: 0Q. IIIll: l-ll::> 0u oJ« u u.u. 0 MR.PATRONO:That's all the rebuttal we have. THE COURT:Any sur-rebuttal? MR.TERPUTAC:I'd like to call Mrs.Tallarico for a few questions,Your Honor. ,.------------,,,------------------------------------------,---- '.34 MRS.MARIA TALLARICO IS RE-CALLED. SUR-REBUTTAL BY MR.TERPUTAC: (The interpreter,Mr.Anthony Note,puts the question to the witness in Italian;the witness answers in Italian and then the interpreter gives the answer in English in the exact words of the witness). Q Mrs.Tallarico,when you were in Pittsburgh with your husband, at the Affitigatto Agency and when you signed these agreements, what did you understand the agreements to say? MR.PATRONO:If the Court please,I don't think this is rebuttal.She's already,I think,testified to that. THE COURT: MR •.PATRONO: THE COURT: It's not sur-rebuttal. Sur-rebuttal is what I should say. Mr.Terputac,sur-rebuttal is confined as we know,to rebuttal;entirely to the previous rebuttal,and only that.And an explanation of the instrument as she understood H, it appears to the Court,would not be sur-rebuttal because the only testimony:,as I recall it,in that respect was that certain persons there interpreted and explained the instrument to her. There was no testimony as to which part of the instrument was explained by whom.We had an explanation by Attorney Albo;we had an explanation by the agent:himself who testified here;and we had part of an explanation by his brother,Anthony. Now the Court can't possibly see how this could be sur-rebuttal in asking her what she comprehended the instrument " to contain. MR.TERPUTAC:In answer to a leading,grossly leading 35 question regarding whether or not there was a full explanation madb, Mr.Affitigatto said there was a full explanation made.I am tryin to show there was not. sustain the objection. what she understood the instrument :0 purport?We III have to THE COURT: (Witness excused). 0(THE COURT:z0(~>enzzIIIQ, zo~MR.TERPUTAC: :ten~That's all I have . ..:ua: l-en Ci .J MR.PATRONO: 0( uo:J., xI-"N How are you going to rebut that by showing Tell the witness to step down,Mr.Note. That closes the testimony then I guess. That closes the case. e. !Iia: III I-a:oQ,IIIa: I-a::JoU .J 0( u ii: II.o (TESTIMONY CLOSED) ************** .. ! • of the same. The foregoing record of the proceedings upon I hereby certify that the proceedings and .J. evidence are contained fully and accurately in the notes taken by me on the hearing of the above cause,and that this copy is a correct transcript the hearing of the above cause is hereby approved and directed to be iiled. •• 0( z 0(>.J>-Ul Z Z1&1II. i.0I-el Z J:Ul0(~ ..:u ll:I-Ul 0e.J0( ~0 :l., :tl-I'('I iiill:III l-ll: 00..IIIa: l-ll: :l 0 U .J« uii:a..0 e , \ .'.,.."":-.,. IN T'dE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA m RE: ESTATE OF FRANK TALLARICO, DECEASED!! • ) ) ) ~NO.;L.t'iOf19640.C. ) ) PEITTION FOR ORDER DETERMDJING THAT REAL ESTATE IS NOT PART OF ESTATE AND.NOW,tr..is l3tJaay.of July,1964"comeSERAFTNOTAW.RICO, MARIA TALLARICO,also known as MARY TALIAIrrCO,ANTONE'ITA TALLARICO MADOSKY,"., ,.. IDATALLARTCO JARVIS,LENA ~r;LARICO HANNA,JENNIE TAL~CO 1'IIKRUT,and' FAANK TALIARICO,also Im~as FRANCESCO TAL1ARICO,byth~ir "attorneYs; ~. PA'IRONO .AND EDWARDS,ESQS.,and respectfully represent"a~d set forth as follow 1.your.petiti.on~r,Serafino Tallarico,is an individual who resides at 922 Harold Avenue,Washington,Pennsylva'1.ia,which place of resi- dence is located in canton Tovrnship,Washington County,pennsylvania. 2.your petitioner,Maria Tallarico,also kn<Ml as Mary Tallarico,is an individual who resides at 922 Harold Avenue,washington, pennsylvania,·tlhich place of residence is located in canton Township,'lJasbir.g- ton county,pennsylvania. 3.,your petitioner,Antonetta Tallarico 1'Iadosky,is en indi- vidual vlho resides at 29429 Tawas,Madison Heights,Michigan. 4.your petitioner,Ida ~~llaric,j Jarvis,is an indiv.i.dual "mo resides at 19729 parthenia street,No-rthridge"california. 5.your petitioner,Lena Tallarico Hanna,is an individual who resides at 132 Weirich Avenue,Washington,pennsylvania,which place of residence is located in canton Township,Washington County,permsylvc..nia. --'-----~'..:-'._-----------------------._------ ~.•• 6.your petitioner,Jennie Tallarico ¥.ikrut,is an individ"a.al .~.",.. who resides at 7546 Holmes,Detroit 10,Michigan. 7.Your petitioner,Frank Tallarico,also known as France~co Tallarico,is an individual who resides at 316 West Wylie Avenue,Washington, pennsylvania,which place of residence is located in canton Township,Washing- ton county,pennsJT'lvania. 8.your petitioners are the.chitdren of Frank Tallarico and Clara Tallarico. 9.Prior to November 5,1956,Clara Tallarico,mother of your petitioners,was the owner of four parcels of land situated in Canton Township and North Franklin Township,Washington county,Pennsylvania, described as follows: FIRST:ALL those four certain lots of ground situate in canton Township,washington county,pennsylvania, known and designated as Lots Nos.375,376,377,and.378 in the Canton Land Company Plan of record in the Recorder's Office of Washington county,pennsylvania,in plan ~ook 2, at pages 102 and 103,and more particularly together bounded and described as follows:, The said four lots together front 120 feet on the south side.of ltleirich Avenue and extend back therefrom, of even l"1idth,150 feet to an u.nna.med alley;each lot being 30 feet in front by 150 feet deep;the whole parcel of four lots being bounded on the East by Lot No.374 in said plan, and on the West by Lot No.379 in the said plan. SUB.JECT,NEVERTHEIESS,to the following: / 1.,The reservation and exception of oil and gas made inth.§deed of Benjamin M.clark et ale to Th2Jllas 'G~'Allison dated August 3,1900,and recorded in the saia:;'Recorder's Office in Deed Book 246,at Page 330. 2.The right of way for pipe lines for , either oil or gas.then existing made in the deed of Thomas G.Allison to the canton Land Company dated September 25, 1900,and recGlrded in the said R~corde~ts.Office in Deed Book 254,at Page 303.. 3.The reservation of coal,together with the mining rights set out therein,made in the dedicatory papers of the Canton Land Company Plan of Lots dated september 2,1901,and-recorded in ,the,Recorder's Office in Deed Book 270,at page 426. .f -.. •.4 4.The exception of petroleum,oil,and gas made in the several deeds by the Canton Land Company for the lots making up the tract above described as tract uFIRST"as follows: (a).Lot No.37~--deed to M.F.Wolf dated October,1912,and recorded in the said Recorderts office in Deed Book 396,at page 357. (b)'Lot No.376 --deed to Daniel staley dated November 30,1910,and.recorded in the said Recorderts Office in Deed Book 382,at Page 104. (c)Lots Nos.377 and 378 --deed to J.1.Booher,Homer Crumrine,and J.H.Dunn dated January 22,1902,an~recorded.in the sai~Recorderts Office in Deed Book 2{fJ,\at page 508.'J .,5.The exception of coal underneath the land conveyed in the above mentioned deeds of Canton Land company to M.F.wolf and Daniel Staley. BEING the same lots of ground which were con- veyed to clara Tallarico by the following deeds: 1.Lot No.375 --deed of '\oJ'alter C.Beatty et ux.dated April 2,1946,and 'recorded :Ll1 the said Re- cordert s Office.in Deed Book 710,at page 57. 2.Lot No.376 _~.deed of R.W.parkinson, Administra~r of the Estate of Daniel·Staley,dated February 26,1935,and recorded in the said Recorderl s Office in Deed Book 598,at page 64~ }.Lot No.377 --deed of Bernice A.Day et a1.dated July 11,1945,and recorded in the said Re- cordert s Office in Deed Book 1696,at Page 24..... 4.-,Lot No.318 --deed of Ben H.BeJ.1 dated January 9,1942"and recorded in the said Recordert s Office in Deed Book 6,52,at Page 614.'~.I . SECOND:ALL those four certain lots of ground situate in canton Township,Washington COllllty,Pennsylvania~ knmin and designated as Lots Nos.366,367,368,and 369 in the canton Land company Plan of record in the Recordert s " office of washington county,pennsylvania,in plan Book 2, at pages 102 and 103,and more particularly bounded and de- scribed as follows: The said four lots together front 120 feet on the south side 'of Weirich Avenue and extend back there- from,of even'width,150 feet to an urmaTJled alley;each lot being 30 feet in front by 150 feet deep;the whole parcel of four lots being bounded on the East by lot No.365 in the said plan,and on the West by Lot No.370 in the said plan. SUBJECT,NEVERTHELESS,.to the following: 1 • c' .... ...... •The reservation and exception of oil and gas made in the deed of Benjamin M.Clark et ale to Thomas G.Allison dated August 3,1900,and recorded in the said Recorder's Office in Deed Book 246,at Page 330. 2.The right of ,way for pipe lines for either oil or gas then existing made in the deed of Thomas G.Allison to the canton Land Company dated september 25, 1900,and recorded in the said Recorder's Office in Deed Book 254,at Page 303. 3.The reservation of coal,together with the mining rights set out therein,made in the dedicatory papers of the canton Land Company Plan of'Lots dated september 2,1901,and recorded in the said Recorder's Office in Deed Book 270,at page 426. 4.The exception of petroleum,oil,and gas made in the several deeds by the canton Land Company, for the lots making up the tract above described as tract uSECO~JDtl as follows: .,~(a)Lots Nos.366 and 367 --deed to s.11u.rr~y;::pollockdated February 24,19l1,and recorded in V 't4e,...said.Recorder's Office in Deed Book 43~,at Page 283. 17/~..~./'.~,"(b)Lot No.368 --deed to Frank Mamfrad .dated August 2,1902,and recorded in the said Recorder's Office in Deed Book 452,at page 139• (c)Lot No.369 --deed to Frank Manfrad dated December 9,1905 ,and recorded :in the said Recorder's Office in Deed Book 452,at page 141. __-'5.The exception of a right of way to haul '1 coal'uiider the surface'of Lot No.369 reserved by the canton /~Land company in its deed to Frank Manfrad dated December 9, 1905,and recorded in the said Recoroer's Office in Deed Book 452,at Page 141. 6.The conveyance of the Pittsburgh or River Vein of coal,together with the mining rights set 'out therem,I made in the following deeds: ~--'(a)Lots Nos.366 and 361 --deed of s.Murray Pollock et ·ux.to Grant Moninger dated July 31,' 1923,and recorded in the said Recorder's Office in Deed Book 511,at page 453.. (b)Lots'Nos~168 and 369 --deed of F::-ank.Mam~_alias Frank_!1~fr~sl"Jo Gr~nt Mo~nger date~ DeCemberil/1923,.and recorded m the sa~d Recorder's Office in Deed Book 515,at Page 69. "?,,-'.-----.:----'BEING the'same lots of ground which were conveyed'-~y Tony M.comfort,.Adm~istrator of the Estate of Frank Manfredi,also known as Frank Manfrad,to Clara Tallarico by deed dated June 21,1955,and recorded in the said Recorder's Office in Deed Book 933,at page 126. •• , .THIRD:ALL those certain lots or parcels of ground situate in North Franklin Township,Wa~hington County,Penn- sylvania,in a plan of lots laid out by James S.stocking and known as "Kaloramall which said plan is of record in.the Re- corder's Office of washington County,Pennsylvania,in Plan Book 1,at page 85,and known as all of Lots Nos.Ei.ght (8) and Nine (9),and the eastern thirteen feet of Lot No.Seven (7),all in Block "DII of said plan,and being bounded and described as follows: Bounded ..on the North by an Unnamed street Thirty (30)feet wide,and a Ten (10)foot alley,on the East it runs to a point,on the South by line of land now or formerly of A.S.Ritchie Estate,and on the West by the western part of Lot No.Seven (7),the western line of land herein conveyed being a line Thirteen (13)feet equidistant and westwardly from and parallel with the dividing line between Lots Nos.,Seven (7)and Eight (8),Block UD",in the plan of lots aforesaid.-\" BETIJG the same lots of ground which were conveyed by Mary E.Leeper Hillberry,'divorced,to Clara Tallarico by deed dated september 2,1947,and recorded in the saw Re- corder's Office in Deed Book 732,at.page 440. .,FOURTH:ALL that certain lot or parcel of.ground situate'in canton Tmmship,Washington Cmmty,Permsylvania, bounded and described as follows: BIDINNTIJG at a point :in the pUblic highway leading from the former Children's Home to pennsylvania Route No.18 at a point 3 feet West of a bridge vlbich is placed across Chartiers Creek;thence for most of the distance following the said road South 74°west 205 feet to a stake situate·North 64°East 24 feet-trom an Ash tree;thence by lands now or formerly of J.W.Hervey North 21°west 297 feet to a Linn tree nea~the bank of chartiers creek;thence by same and . crossing the creek North 68°6'East 16.5.2 feet to a point on the farm line;thence by lands.now or formerly of the petroleum Iron Company and again crossing the creek South 28°East 320 feet to a point,the place of beginning.CONTAINING 1.3 acres accordiilg to a survey made by William wYlie,C.E.,on the 6th day of August,1925. SUBJECT,NEVERTHEIESS,to the following: 1.A conveyance of the Pittsburgh or River Vein of coal,together with m:ining rights,mad~by Jane A. Hervey et ale to F.L.Robbins by deed dated April'28,]900, and recorded in the said ·Recorder's Office in Deed Book 252, at Page 306.' ~ 2.A d~;d ofa right of 'way by J •OW.Hervey to the Can.o.:n:.~burg Electri9 Light,Heat and Power Compa~-on May 31,1909,and recorded in the said-Recorder's Office in Deed Book 381,at page 506.. BEnm the same tract of land which was conveyed by Albert Cumberledge et ux.to Clara Tallarico by deed jated April 11,1949,and recorded in the said Recorder's Office in Deed Book 754,at page 340. • 10.on November 5,1956,the said Clara Tallarico and Frank Tallarico,father of your petitioners,made ~written instrument perta:ining Itothesaidrealestate,a true and correc~copy·of which is attached herete, marked Exhibit nAlt,and made a part hereof;the said instrument.is of record :in the office of the Recorder of Deeds of Washington county,Pennsylvania,. in Deed Book 1160,at Page 613,hav:ing been recorded on september 12,1963. li.Pursuant to the said instrument of November 5,3956,the said clara Tallarico made a deed dated November 5,1956 for the above de- scribed realty to Frank Tallarico and Clara Tallarico,as tenants by the entireties,a true and correct copy of which is attached hereto,marked Ex- hibit 'tE",and made a part hereof;the said Deed is recorded :in the said Recorder's Office in Deed Book 978,at Page 471." 12.-Th~said writing of November 5,1956 which is E:xhibit nAil contained the following provision: "4.In the event that eithe]"the Husband or Wife should remarry after the death of the other, it is hereby agreed that title to the said real estate shall pass to and be vested.in the children of the Husband and Wife,their heirs and assigns, in fee simple,from and after the date of the said remarriage.'.t 13.The said Clara Tallarico died on October 20,1959,a resident of 'canton Township,Washington county,Pennsylvania. 14.The said Frank Tallarico,father of your petitioners,in violation of the provisions of the said instrllI1EIlt of November 5,1956, remarried after the death of Clara Tallarico by engaging in a contract of marriage with Maria ,Mauro in Savelli,Catanzaro Province,Republic of Italy. 15.A true and correct copy of the Marriage Certificate showing the marriage of Frank Tallarico,known in Italian as Franc'3sco Tallarico,and Maria Mauro is attached hereto,together with an English translation thereof,marked EXhibit "CI',and made a part hereof. • 16.The said Frank Tallarico died on August 31,1963,a resident of Canton Township,Washington county,PennsylYania. 17.The legal effect of the said writing of November 5,1956 was to shift title to the above described real estate from Frank Tallarico, your petitioners'father,to your petitioners on November 5,1960 upon the happening of the event therein prohibited,the remarriage of Frank Tallarico, as a consequence of the operation of the executory interest of the type known as a springing use created by the said writing of November 5,1956. 18.Although apparent title to the above described real estate '{vas in Frank Tallarico on the date of his death because the writing containing the executory interest had not been :reroroa:Las of the date of his death,real title in the said real estate was not in Frank Tallarico at the time of his death but.in your petitioners,a fact Ttrhich became apparent when the instrument ,of November 5,1956,Exhibit "Alt,was recorded in the Recorder's office of 1vashington county,pemsylvania,on september 12,1963. 19.Goldie P.Bellotti,Admi.nistratrix c.t.,a.of the Estate of Frank Tallarico,filed her Inventory of the property of Frank Tallarico on November 19,1963,but did not include the above described real estate as -assets of the Estate of Frank Tallarico. 20.For the reasons set forth above,the Administratrix c.t.a. of the Estate of Frank Tallarico was correct in her determination that the above d~scribed real estate did not form a part of the assets of the Estate of Frank'Tallarico and was correct in omitting the said real estate from the Inventory which she filed in this Esta,te. 'WHEREFORE,your petitioners pray your Honorable Court t~at your Honorable court: (a),Decree that Frank Tallarico connnitted a breach of the instrument prqhibi.ting remarriage dated November 5,1956,Exhibit IIAI'• .' ...• (b)Decree that the writing of November 5,1956 is a valid and subsisting document which conveyed title to the real estate described in this Petition to your petitioners on November 5,1960,the date of the re- marriage of the said Frcink Tallarico shown by E:xhibit "C". (c)Decree that title to the real estate described in this Petition ·iTas not in Frank Tallarico on the date of his death.' (d)confirm and ratify the action of the Administratrixc.t.a. of the Estate of Frank Tallarico in omitting the real estate which is described in this PetitiQIl from the Inventory filed :in the Estate of Frank Tallarico for the reason that,although he had apparent title to the said real estate at the t:i.mf:of his death,he did not have real title at the time of his death. (e)Enjoin the Administratrix c.t.a.from dealing with,con~ veying,encumbering,or in any way affecting the real estate which is described in this Petition. (f)Decree that,as a consequence of the said remarriage and by virtue of the said writing,of November 5,1956,the deed of clara Tallarico to Frank Tallarico and Clara Tallarico,his wife,dated November 5,1956 and recorded in the Recordert s Office of Washington county,Pennsylvania.,in Deed Book 978,at Page 471 be'set aside and ~evoked,or discharged. (g)Bar the Administratrix c.t.a.of the Estate of Frank Tallarico and any person claiming under,throug1t~or ?y.-her or under,through,-. or by Frank Tallarico from hereafter disputing or challenging the title of your petitioners to the said real estate,and (h)Provide such further relief as equity and good conscience shall rec;.uire. PATRONO AND EDWARDS By e...~.;J~-----:-~"'"'""":'"':~~---;:~:'--:-r-~---_"':'-"Attorneys for Petitioners •f/• COMHONWEAI:rH OF PENNSYLVANIA COUNTY OF WASHmGTON ..ISS: ":. Before me,the undersigned .authority,personally appeared SERAFINO TAILARICO,who,being duly SVTorn according to law,deposes and s~ that the facts set forth in the foregoing Petition fo:'Order Determining That . Real Estate Is Not Part of Estate are true and correct upon his personal knowledge. SWorn to and subscribed .before me this gT.h . Ju It'.,1964., ., o 1tF I AGREEMEnT between • FFANK TALLARICO,9f Cnn~.on TotJnoh1p,l'IoGh1ngton Co·..mty,ft:.1..ro~'~ LJ •• o vlUlin,horein do.lled thO~"Hu'sbend~~Ptl:tty of tho firot port,I 0: o ..... ,. o (I and /'0)or CLARA TALtAR;-CO,a o~Cnnton Townsblp,Hnohlngton County,Pcmr..-ry"'.-')..I van1a,~retn callod the nWlte",'partr or the oeoond part, "WITN,ESfETH, •WHERFAS,the parties ~o Husband and Wlf~llv1nR in matrlmonial relationship rlt the addrans 72 Wolrl~h AVflnuo,Wpp~_ lngton,P«nngylvnn1aJ which place o~rosidenco'1e ]d~~ted in ~.~.~~-~.. Cnnton Tcwn8h1p,~aBb1nston Coun~y,P8rinsylvonla,and D '.' (J •........()--"""Q ,(H ')i":"L~0-),.'dHER~.S.-"tbe ~1.t~~10 t~OUller of"'&-t',prnl trQot~cf real ootote 1n ,Cnntoll T.ownehip and North Franlcl1n Township,t:!fl::t- ,."Il1fjt~-i012Dty.P~"';"'71;,.,..I ••"':~In·JottorDon ~wnO!>IP•.Gro~r•• County.Pennsylvania,and Q I , ...1rEREAS the wire propooeq,by deoC:o to bEt 0'.O\ltod o1mu1tanoously heroYlth,to convoy allot the Goid reo.~cotlllc to the Hueband and to tho'Wite,ao tenanto by tho entlrctioJ,"1r con8i~eration only or lovo and aftectton, Q," CO'. (, o o o , JIOW,TBmmFORE,IT IS HEREBY 'Jro'I'UALLY COVImANTED AND ~. 0 ••• AGREED,- .. 1.That the Wtfe ohaIl exoc~te nnd doliV~t to th&H~eband do~o or spectal varranty tor the eonveyl~g t~t~Q HUDban~arn.1 Wife or all,of tho prcport}nov,oWnod by tho W1~::-"S' '.'J'".~~.~oI,j 0 Q ().;>o-o~Go ....~9.'GQ :;.;:.a:;:.I,)O;i.~a>a:=a:.a::~lr~6t tlhlch'·l'ai.d'doodo the Husband and Wite Q..~o.11~hc11 nr'v.-II/, EXHIBIT "AIt o~oj .......-.....I .....'........',;•••.•''...,J'•.,,,.......',~•.•,,..""..,r"+lP'O ..~..........................~....•'; ~i ~. II , I III ;• •:>prcdeC~Il13f'O hin. ~ald~raQl ootriteoao ten~nt9 b~the ent1rotloo. 2.~at the Huobnnddo~o a.greo thAt h'rl 4 'j 1 I not remarry,aftor the c!t\o.th'of the HIre.in 't.h~Ot'9r.1il, 3.That the W1fe dOCD ngroe that rh~I:.j1: not re~rJ attor the death ~t th~'BUDband.1n tho event that he 'llredeoM£loB her. 4.In tho ev.\9.Dt thQ t 01 ther thE'HuobEr l\:r "\-lifo Dht'uld romarry after the doath ot the other,It 1p.bAr(\~j 3 V'/J ngroea that title to tho oQid~reQl estate oholl poss ..0t~a"'"1:", "0 -" :vectEl~'in the ohlldron of the Buoband nnd Wllu,th~1Ihp1rGI',.,.'0 -r:-~.......I QBsign6 ..in ~e&D1mple.!I-om and n/tor the dn to of'ttri--tJf\~':' il:l . :IWU'r1 nge.J'~~~ ,-1'."It \)18 tiez;ob1 a~ood by~tho·ijuab.t\~t!."nn,'QI!·,--;'.,,__,"'-)~~ II ,ar.:hat this A~e.m.n\....,.bO.r.~.o.ra~.bY an!_oM;':'~_"':f: It -ramre.v~'the HusbAnd and -ire bytl f1ling b.Pot1\lon j-rf'tlt!C~.u't II ._~~ I of Equ1t-"y o~..,WnGhil18ton C;:,untl,P-emnsylvQ1l1o,or of Gr'(,H..Jo.'i1,- o .~.•~,...~ Count7,Panna,ylvnnla,or both,praying tho rovocation nnd oottlnp aside of tho de ed or deedo abovo reeitod to thE\extent tho t tr-"'1 "~ ar,lnCSoJ"lslstont il1th the purposeo of thin Agreement. _IN WITN~SS WHEREOF,the partios herounto ,~t t~1~I I1", .. I ! II II hands and Doals this'..s.,." \-Iltneoooo:• ..- doy of Uovecbor,1956. ,, ""...,I',-' "t •' ,0 -.....,---- .. ,A 1,·~·~~'" I· ,'., o ; .', •• .COMMON~EALTIi OF PElmSYLVAIHA : COUNTY OF WASHINO'['ON :SSI~l- .On thio ,f,h .day of Rovomber,A.D.195c,bd'cr: me,'Kathryn E.Rutan,the underfJlgnod author1 ty,per~('\naJ11. a'ppoa~~~FRANK TAI,.LARICO and CLARA 'TALLA RI CO,'known to me (or oatls'tacto::'11y proven)to bo tho .persomvhoae nSJ!1es nrc subs::r':~, 'to the forogoing Instrument,nnd aeknouledgod that they ex~cutp~ the oame for the purP008S thereln.dontalned. 't}IN W;:.TNESS 'rlHEREOF.~I her<>unto DO~"m,hand lind "Q off1c1al seal.'... I.."It.[:I,.~,..I" •'.-...:..""~f''....~....."'-. ".'t ,.')~. ..•...."".......:t...,'\~...o.~..f '~..;: I ~,. . '\:'"I ;::.?'. ',1,':;i ..M.."·.:~;,...··vi......•••••,$.,fr" ,......')«'\.\;:0.'."'I '.1:11 -•~I'\~..'•• -I p"". ~/~'C ,~.~-I.•_-,-_-...(l.~.......",=<,-.)U -UtIy otd-y PUD Ie - -I 421 l:1aohlngton Truot Bu.I1d1nB,rJAohlrf t h4 Waohlngton County,Pennr:::.u.,1 0 My C~lo~lon Expiros J~~uery I~ i ~-----~~'--- o o 0 ,,I'."•,, "0, ,,1F- T HIS lD E E D MADE the J---;'"doy'of IIcvomber,A.b.115'>, <> between o CLARA TALLARIC~,.of'Canton ToWnonlp,WalJblngton ~ounty,Fl.,n~yl ¥Qnlo.,,'gran tor" and0' <lo .,\ PRAtm ~LLARICO nnd'~p~TAtLARldO,hIs wifo,of ~Dnton Tottn- II •, I ohlr,W~ohlngton C~unty,PennsylvnnIa,grantee.,an tm:,nf..c t~th" ent1ret;fee,... (I •,..•¢4 •• ',1.---WI T1iEB SETH,Tl1l1t In cons1derntion of OllE DOLLAR ,. (01.001 In hand pald,the ~eeelp~'whoreor 1n hereby &cknoulcd~'~,..' 'the oaid grantor doee hereby gr~nt and,convey to the onid gro.nteee,thoir b&1ra and aoelgn8,.iLL thooe four certain troctc of In~d.el~te 10 Cant~n and North Frenklin Townshlpo,l1oahinp- , 0 to~County,'Penncylvanil1,and mora part!oulnrly :bou~dod!\qc dQt •. Q ,crlbQd 'no followo:~, ,'.'&L(.,FiRst:ALL ~bose to\ir oo~n1n toto 'of 1;,fl:)tll1c1.,,".01 tuattP 1n Co.ntop,To~8hlp,N,nohlngton County,~onnoyl,vo.nle., knoun ood dGs1snat,ed,Q8,Loto Noo.375,,316,371,and 37~10 tho c -. Cnnton L~d Company ~18~'of reoord ~n tho ROQorderts Offico 'of 'do.ehlngton Jounty,.PennoY~~an1a,1n ,Plan B~ok 2t,cit .F llgO'Q ),02 10),and core p~rtlcu1ar11 together bounded o.nd deocrl,bod 00 rollows~ ~The oaid four lote togethor front 120.,\_t;... .. 0.~o~ feet on ~the sou~~ld.e ,of,We1lri,oh Avenuoandextend b,tlck tboro~ trom"of even wldth,150'te.et to,anounnamed olley;each lot bolnp.,.'.'t •,, 30 foet 111 o!'ront 'bY,'150 teet deep;the uhole parcel of four IotD g Q balng ,boundod op'tho EaG;t ~1 Lot No.,·374 In the Dnld plonJ1nnd on." tho \1oiJt by Lot',No.)79 in tho,enld plan,. CSUBJEcT,l1EV1&THELESS,to tna follcwt ',', <I ¥1.The rooorvatlon and )xcoptl."In I o of 011 and gan Iilode In the deed ot Bonjamin M.Clnrlr ct ill.tc 0 ~ ""..~"'t o EXHIBrr-:'B".--"',.. • The right of ~as rv~~~p~2. •..•I ThOrned"G:All rt 18 1 0n d 1 Qte D d AdUaguSkt ~;.~1900t'pand r).e 30 cor1ed IT ~r.~J ;!f\i'- Q RElcor or 8 0 ce n ee 00 ,,+u,a age •.. I. li.~es for al thor ot 1 or gas then exloting made in the d ..t'~.J! :'(j()O~and 1"ocl):-dod In the said Recorder's O!r1c~tn r·;I J ~'J:k ~'fhol1Ui8 G.All.tson t.o ,the Canton Land Company dated SCl'1.tm:u,.: r, .. Ii Je.Hoator'Y papora of the Canton Land Company ?lan of':..:It';;I U!itt~1 The exoept1on of4.11 III c~l,Qnd gaB mado in th9 several deedD by the C8ntQ~ , '1 September 2,1901,and recorded in the iDsid Recordar'j DQ1",:o ~I., :1 Deed Book 270 fat Page 426. for the Iota making up the trnct above descr1b9d lU'tI"1.'t ",?,-!,r r~(0)Lot No o 375 M"F~Walt dated October ,1912,and reoorded in the '~fll ~ R'!lcorderts Ottico in Deed Book ~96,at Page 3~7.,"~.i ~\ IV <l ,,"., (b)Lot No~)76 c1~~C.~, dated Movember 30,1910,and recordet1 "~;anle1 Staley irA th."qnli II I'. I! Ill· Reoorder's Orfice in Deed Book 382,at Page ~04~ (0)Lots Nos.377 9nd 3~ uary 22,1902,and recorded in the said Recorder'9 Off L fJ n"~rll" '1'he exoeption or ,.:;C'al un:~~r BEING the same lota of grO"\ALd Book 269;at PAge $08. "II --deed to J.L.Booher,Homer Crumrine,and J ..Me Dt.~_l 'jl tori ", j I t II nen~l the land conveyed in the abovo mentioned deeds JI..lmd Company to M.F ..Walt and Daniel Staley.I',I o ~ conveyed to ClerQ,Tnllnrleo by the following deeds;, 1.Lo~10.3?S ..-deud vf ~'iillt /' II ." I I G..Beatty et ux.dated April 2,1946,end reo,;)rded in the ~1j..J.-.i Reoorder'n Oftice 1n ~ood ~ck 71Q~~~Pago 57. 2.Lot Ro.376 .-deed ot'Ro ~ Parkinson,Admlnlstr4top of i~o Batnt6 of Daniel.stoley,dHted I February 26,1935,nnd reoordod 1n tho oald Rl3oorder'a orflr.,:~ I Deed Book 598,at Page,649. •'~~..C'.) 3.Lot 110.371 --deed ::>1' Bernice A.Day ot ale dated July'll,1945,and reoor~ed in the II s91d Recorder'o Offioe In Dged Book 696,at Page 24 .. 4•.Lot Ro.)78 ••deed of B~.1 H..Bell dated J'anuQr'1 9,1942,and rocordod 112 the said Hecor~ ~r'Q OffIce In Deod Book 6$2,at Pas~674. .. /I seoqm>:.ALL thooo fout'cortain lo~J <,! q.~"'I'I'~~... ground situate In Canton 'l'oanah1p,t1oohlngton Ccunt1,P\lnnojl vanil1,knovn and doolgnated ao toto ~OD •.366,361,368,and )1)11 in tho Cnnton Land Comp~PlaP~et~~odr~l~tho Recorder18 Offioa 'of 1:Io.obl~tbn 00~t1.PO~D11Vllntll,In"Plon ~OOk 2.ll.t p..'~l l02,aDd 103,nnd more pertlou1ar~i t06othor boundo4 and dOAcrib~1; 08 fol1owo: ~Tho oOld tqur loto together front l~C feet on the south oido of l:1elr1ch AvollUQ Md extend back ther~- from,of avan "14tb,150 toat t,o '00 ~4 allay;oa,b lot bOL"(1 JOt'eet in tro~t by 1$0 teet deopJ tho t1holo pnrofll ot'four let l ,. . being bounded on the Eoot ~1 Lot Uo.365 1n the oaid plan,&nd fho right of tlay tor p1p~2. ,'.~., ?n the Wflot b7 Lot no.370 in tho cold plan.! j bSUBJECT,~EVEH'1'JJBLESS,to the tol10"'1"'t~~ 9'.1.Tho rOfJel'vlltlon rond oxc.ept1:r.' o .'0 d of oil and gao made in tho 6eod Of BenJam1n M.C1Qrk at al~.~ Thomas G.Allison datod Auguct ),"l~OO,4lnd recordod In the saId Roeorder'D Ottics 'ln DeC)(fBOok 246/at ~ago 3.30. ~ ,- .u;•, I I:!i l'\ Allison to the Canton Land Company on tp,d ",~t ,...' Ii line!l for e1ther oil or gas then existing made in th "III I,~900,and r'3cordad in the said Reool'der t o Crft~e ;n.~. II .~9~.J.t.Pag~303. II 3.The rese:-vr,t 1on 1\!I togethe~with the mining rIghts oet out thorein;~q •••""1 ... 1 :lIt.:.:·y papers of the Ca..'lton Land Company Flan of ~...~ II !;Jept..ember 2 p 1902..an.d reoordod in the said Rec,jt,~-9""II t J.'.......".. D~ed Book 270.at Page ~26. ":1 oll,and gas made in tho several deeds by the Cnnton 'l"l'r..rl Cu r /... ••da.3d to Sft Murray Pollock :!a.ted Pebrunrr 24,1911,'.1" -,."Olt,.Loto 'co.(a) 'I II 1'01'the Iota making up the traot above descrit.ed SA I! ,I ~ "J "'e ~\.. ..i of t I (c) (b) • "" I' 0,Ii recorded in the oa1d Recordert 0 Offioe in Deaa B\.l,'k L.J\t r 1\"28),,-'.~ III,Ii Frank Mamtrad dated August 2,1902,and reoorded in t~c II ·Re~order'EJ Office in Deed Book 452,at Page 139. I II,\"I,I'Ilrank Manfred dated Dooambe:r9,1905,and record~d 1r.tL~ Ii 'l"~e,.derI9 °rriee 1n Deed Book 4$2.at Page 141. II 5..Tho oxooptlon II ".y to binI coal under the ourtQe/!'of tot Ifo.369 reserved ;,J .:, CLinton Land Company in its deed to Frank Mo.ntrBd datei t,..···"1i I 9.1905,and recorded in the a01d Rooorder's Ofrioe in De~)p~,: 61 4.52,~otpago 1~1. Tho oonv81anee of6. I, IIIIi"il burgh 01'H1 vel'Vein ot coal,together .,1 th tho mining r~g!i~1 ;! II o I~ •.,l.,.-...... ...r L t..., f'.I'..-..- •,,J • " THIRD:ALL thODO cortain lots 0.1' II •_~ gl'ound 91 tuate In North "Prariklllt~Township i wna'\1ngt,~m Recorder's Oftioe in Deed Book 933,at Page 126. 369 ...-deed or Frank Mamfred,ali09 Prank F.anfred,tl.:Gl"~!I~ Moninger dated December 11,1923,and recorded In t.h·~.i I R~eorderr8 Orfice in Deed Book 515,at Page 69. BEING tho same lots ot Brc'.."ti ..tl C~. DUe therein,made in the tollowing doeda: (a)LotJ NOJ.:','-'.il' 36"--deed of S.Murray Pollook at ux.to Grant ~f,I.".~.•• July 31,1923,and recorded in the oald Recorder'iJ C.-!1 .. Deod Book 511,at Page 4$3. wa~Q conveyed by Tony M.Co~ort,Administrator of t~c E "r Fran).:Manfred.1.,also known 90 Prank Manfrad,to Cll!r~ Tallarioo by deed da~d June 21,1955,and recordod tlJ n.,::Q"l' Pe::moylvanla.1n Q plan ot lota loid out by JameG S..S1.;t·ifLl'." l~n~w as "Kalorcma"U'hich Gold plan 1s of reoord in tt-.f.' Recorder'0 Office ot Wo.ohington County,PotUls,lvania,1...'.~:r Book 1,at Page 8$,and known as all or toto Ros.Eight \~." Nina (9),nod the eastern thirteen teet or Lot no ..Sa..."~'7'. in Block "D"ot saId plan,and boing bounded c.nlj dOiJ('.r'lrl:1 1,1 follows: Bounded cn tho North by an ...r..J.I.t r} ,Thir.ty (30)feet wide,and Q !en {lO)toot alley,on the F...~_ runs to a point,oJ).the.~~th.1>1 Unp.ot~lODd notl or form.:,rly .J~ A..S,Ritchie Estate,q.~d on tllo West by-the s.:eotern pet~t of 1..',-INo ..Saven (1),the western l~ne of land heroin convoyej bt!int '- I I1ne Thirteen (13)teet loquld1stant Qnd wODtvardly fr,,"l _.d II parallel with th~dividing line between Lots Nos.3.;'1"1·n .(.." I Eight (8),Bloak "D",In the p1Q~o-f lots aforesaId." I BEInG tho same lota of grc'..l"d \ti~)'.~. .,.•-"•i"-(·••'0. t. ~ f I ~ ~"~~ f; lj, I II I II I'I! 11 " II r I I, :\ II II I I I ,I II I l~ IIJ 'I II I I I • .... • • ,+P ,..r,~C6.,...w .," E~;,G the :19.:t.L tr:-,~ • ',I n...'J U.J I'ocol'dcd in t"'.-'1 ••'.I .. lht ,-l".Ot.'d 10 ~.:Jt.'•.1th:r..t l~.+."L~ .. .\...t-,~J ... 1 •,. ~C·.'1"'P"'f"""':l""'t"\-~.·'.l.....J.'.:.j1 ...L ·l...7l J J.l't"L,"~.. r r ~:..~:l...1 Ct~' " -..,,/il -t ..-I~,.-I_(_A_'..C:;;.;#_'_'""-",/_,_........./~.....,....'1 ~."_.__, ,I •I~I'~i I II'.II COf.U10WEALTH OF PENUSYLVANIA : • COUNTY OF WA~H!NOT6N :as:•• On thlD srh day ot NOV6mber,At De 19)(J,cpfCJI'" rne,Kathryn E.'Rutan,the undersigned .authorlt.-y,pcroonbilly appeared CLARA TALLARICO,knoon to me (or sstlsf!1ctorilY pro\"tini tc be the person whoBe ne.ms 10 oubscrlbad to the fOI'(j{!cing lrlstrument,and acknowledged that ahe 01tocutod the DGFt'l'or th'l purposes therein contalnedo ) IN WITNESS WHEREOF,I horfJunto Get my hDDd and II ~e!ll 0 .0 ..:-r , 421 WD.Sh1~tt'n 'Prust Eul1dln£L \1J.thln.l:tt-~asb1ngton County,Pennuylv;nln . pMy Co:rnn1so1on Expireo JanuAry 15J 19S'y L !I 'I I f I "'. I~f"'''r'J~.',,",'V.v.\;l\,.. 1, '\/'1\' ,,\ ... ,-":,'\"\....t''\ ..;:/'J 'v v \:>J ., f'1 •1 ..., ('(1) r. (: ~',,'"'1 •;\l:" ., • /.~,c· TO"dN OF SAVELLI PKOVINCB OF CATANZARO • CERTIFICATB OF MARRIAGE THE OFFICIAL OF VIfAL STATISTICS CBRYIFIBS ,I .that·on'the Registor of tho Rocords of Itlrr!ago of the year 1960 ..••0°'.....•• Part·'I,Ho.3,·it 1s show that on tho 5th dQ)'or the month of November ot ,the y~nr i 960;eo}ltr.~c~ett lnnrr1ago in"Sa~Ol11, ,\' TALLARICO Francesco,bornnt Bavol11,on '+/24/1886 and IJ.Al1l0 >far"d • ,born at savell!on 1/6;1905.//~.;r'.J..J..~c I .lo't.- The present 1s luBued-upon·requoot of tho intoresting party and 1n legal'paper for the propor use. ,, From the Man~c1po1 Res~ldenco,11/11/1960 \:'. S <'}'E, A. 1," ~QFFI~lAL 016 VITAL STATISTICS ,., S1ano.'\iur·o.V.aurlz10 Pagno~"t!\.,. I!. I h9Teby certify ,th:nt 'the above 1s a true ,and correct translation, ..trom Italian ,to the En1:11~.:iLsmgUt\go,of~'tbe orlg1.nal,Certificate ,of ~rriage in'Italian languageb~roti1th attaChed..,,, ..Pltt8b~gh:,Pa.,'JX)cembor 6,1960 ,lTotary,PUblic. /s/Salvator Affatigato I ,," ," 1 '\,~•,';',,' ..'l'. " •""..~ '••: \•""I'",U 'J"'''..' ..-, -----~..p • • /---.....~-- ;El'XHIBIT "en .. ------------------------------"""T'"-_•~., ORDER t it be filed and IT IS ~ AND Not~,this )J -aay of ,IS 64,the foregoing.-.-....,..,~;......;::::r- petition havin~been presented,it is or e ed ORDERED AND DECREED that a citation be and it is hereby issued directed to '.'. Goldie P.Bellotti,Administratrix c.t.a.of the Estate of Frank Tallarico, and Maria Mauro Tallarico,widorr of Frank Tallarico,to show cause,if any they have,iihy the prayers of ~foregoing ·.t.ion should not be granted; returnable to Mon~ay the L~-day of _---J~~~:;;.:..._J 1964,at /fJ~·MA.M / ~. ,. "".,. AND NOW,this ---L:i...qay of ~_, Petition for Order Deterrriining That ~s 1964,I hereby accept service of the within Not Part of Estate,Ch"'ld acknowledge to have receive1 a copy thereof.~~';(~~~,..yC~~w-I~ Atorney ror Adii1iriistratm c.t.•a. of the Es tate of Frank Tallarico 1 II.,'. ;:1 f.£IZ~~E-i o~~f::tl &3 f-;E-iCf)<tg;~H 8(I) 8rf ...~rx<0 r.:.Co)-...~c~~OE-i~~S§E-~8 p: ~..=..E-i -=t: 0 ~~0 P-@50 ~~~(I)~~b~~~z ~:z~°E-i~(I)f:LI re~u:f.£I t=l I-~b3 ..I%lf:LI E-i (I)p::I%l~t=lZH ." ;,!,~'L::"E;PM 2:57 -"..~.;,•.~ •/.....:,;..~..:i,........f / .' ;.....,¢ ---_._~---'------~--------------'------ •r. •• IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN RE: ESTATE OF FRANK TALLARICO, Deceased. ) ) ) ). ) ) ). No.264 of 1964,O.C. PRELIMINARY OBJECTIONS DEMURRER TO PETITION AND NOW,this /R {-i.day of August,1964,comes, MARIA .MAURO TALLARICO,by her attorneys,EDWARD V.SCIAMANNA a.nd THOMAS J.TERPUTAC,ESQS.,and avers as follows: 1.The petition fails to state a cause of action. 2.The executory interest'.as averred in the petition is illegal and void. 3.The executory interest averred in the petition is void as to the widow,Maria Mauro Tallarico. 4.Since the agreement was never recorded prior to the death of Frank Tallarico,the agreement is void as to Maria Mauro Tallarico. lilHEREFORE,MARIA MAURO TALLARICO requests.your Honorable Court to dismiss the petition at the costs of the petitioners. A <Ji'ile)TS<)rMaia Mauro Tallarico .~. AND NOW,this II)t;l day of August,.1964,I hereby accept service of the within Preliminary.Objections and acknowledge to have received a copy of same. I ) Ji j ,~: Attorn~y.for·Petitioners..,, .' Bellotti,A:hnrx. C/)•z ;z; J::t.l<t:0 :;:) o~•.H -I F-ILE'O u l!lC,).."d ~~<{z~~0 Q)C,).-1 0~P-l •C,)Cfj ~~I-~,~ :::>0 H co 'J :i:I :::J««:J 0 "P:::Q)P=l ,~Q.-111.m U:;>--!":5 ()0 1"r-.AL'n ~•I-~10 I--UI~..::t Q)()vv'1 I Ij PH 3 .28 W L :J-Z \.0 H Cl ~.~.I-«°lll:C/):::>0'E:S >-I-I-\\jzor-l ~~, w ~z ;§u J::t.l ;.~Joe:r.'",'"'r:-.Jzz g !.4-1 0 ~H '''',..,....,.,I.;~fi n,-ti"f A<"U1~I l!lR...f'•....~L..-",)~~~z 0 z :E .,:-;•'.~....::-.I Of'L+""'~<{Ol/lP:::o ~,~H .::J E"...\'",f~fL .)~~«~"OH ..::t H H .~_1\wI,.,,-.~.i~i:J ~:>lEi~h~o.c.o«~~"-0 \.0 <t:J::t.l ~~a>'!"~(;N~z N ..'H '0:I N::r:1H ~C/)~~r1-t-V ')l-NH::r:1 •.~ C/)0 I I'/'?//~~z z ,?~.#~--0 I ~H r ( J •• •.1;,._•/., r••1 ill THE ORPHANS I COURT OF WASHillGTON COUNTY,PENNSYLVANIA INRE: Estate of FRANK TALLARICO, Deceased. ( ) ( ) ( ) ( ORDER No.264 of 1964,O.C. Petitioners,seven children of the decedent,Frank Tallarico,and his first wife,Clara Tallarico,have presented their Petition praying for a decree of this court to the effect that four certain parcels of land situate in Canton Township and North franklin Township,in Washington County,be declared the property of the petitioners and not a part of said decedent's estate. Maria Mauro Tallarico,widow of the decedent,has filed Preliminary Objections to said Petition,claiming,inter alia,that the averments of the Petition fail to state a proper cause of action and pray that the said Petition be dismissed. This court feels that it would be prejudicial to the rights of Petitioners to dismi.ss their petition at this juncture,as there are many factual issues which could have a bearing on the final disposi~ion of the said Petition.Such possible factual issues are presently unresolved.We therefore make the follOWing Order And now,to-wit,September £,1964,the Preliminary Objections and Demurrer of Maria Mauro Tallarico are overruled,pro forma,and the Respondent is directed to file a responsive anS\\ler to the averments of said Petition in 20 days from the date hereof. ~ P.J.I In the Orphans I Court of !washington County,Perm:::iylvania No.264 of 1964,O.C.• " ~ • r 1- --, - I'....: In Re: ~~Estate of P.JRANK TALLARICO, ~ .~~Deceased,---:I~- :1 j -,,'" ~ ;...-..'-...I ,! t:J •'"1::;t •• ~ ~~~~, ORPHANS'COURT WASHINGTON.PA. -;,~(~arinQ,P.J.) ~~~;. (\~'v-I .•~."-----~.'j- :"::•-t\) J-~.:;,;...: j {/-~~_I 'i o/\~a.0J-(/ .'I.,. ". \'1~I .,/I ></ /~r.3 C;/ ~, '," ;j •• l ••'-_. ;,, IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN RE: ESTATE OF FP~NK TALLARICO, D~ceased. ) ) ) ) ) ) ) ANSWER NO.264 OF 1964,O.C. AND NOW,this Ib day of October,1964,comes Maria Mauro Tallarico,by her attorneys,Edward V.Sciamanna and Thomas J.Terputac,Esqs.,and makes Answer to the Petition as follows: 1.The averments of Paragraphs 1 through 8 inclusive are assumed to be true,although Maria Mauro Tallarico is not personally familiar with the addresses of said children. 2.The averment of Paragraph 9 is admitted in so far as the recorded deeds accurately reflect the title of said lots prior to November 5,1956. 3.The averments of Paragraphs 10,11 and 12 are denied;Maria Mauro Tallarico is without knowledge or information of the truth or falsity of such averments because the means of proof are within the exclusive control of the petitioners. 4.The averment of Paragraph 13 is assumed to be true• .5.The averment of Paragraph 14 is denied;on the contrary it is averred that Frank Tallarico married Maria Mauro Tallarico in the Republic of Italy without the violation of any purported instrument and that even if there were such an agree- ment or instrument,it is clearly invalid.Furthermore,Maria Mauro Tallarico had no knowledge of such an instru~ent.She also avers that the allegation of violation contained in said j'•• Paragraph 14 is a conclusion of law unwarranted by the facts to which she need not reply. 6.The averments of Paragraphs 15 and 16 are admitted. 7.The averinent of Paragraph 17 is denied since it is clearly a conclusion of law,and,in any event,Maria Mauro Tallarico is without knowledge or information of the truth or falsity of such averment. /8.The averments of Paragraph 18 are admitted in part and denied in part.It is true that the purported instrument was not recorded until after the death of Frank Tallarico and that Maria Mauro Tallarico had no notice or knowledge of such an instrument.However,the averments as to"title being in the petitioners are conclusions of law which are denied.Maria v'Mauro Tallarico avers that title to said real estate was in Frank Tallarico at his death and that she 'is entitled to'her statutory portion under the laws of the Commonwealth of Pennsylvania. 9.The averment of Paragraph 19 is admitted. 10.The averments of.Paragraph 20 are denied for the reason that they are conclu~ions of law which need not be answered and that the title to said real estate was in Frank Tallarico at his death and should have been included as part of the assets of his estate. NEW MATTER AND NOW,Maria Mauro Tallarico makes allegations as..' New Matter as foilows: 11.The instrument purporting to vest title in the children of Frank and Clara Tallarico was illegal. '..•..• 12.The instrument purporting to vest title in the children of Frank and Clara Tallarico could not and did not: divest the rights of Maria Mauro Tallarico as surviving widow of Frank Tallarico. 13.The instrument p~rporting to vest title in the children of Frank and Clara Tallarico was invalid and not binding upon Maria Mauro Tallarico because it failed to comply with the recording statutes and other laws of the Commonwealth of Pennsylvania. 14.The petitioners are barred by estoppel from asserting the invalidity of the claim of Maria Mauro Tallarico. WHEREFORE,Maria Mauro Tallarico respectfully requests your Honorable Court to dismiss the Petition at the costs of petitioners. •....'..• r.~• ,.... COUNTY OF 7V'a~: ~c(}~i ep aI.u/-~7~ Personal~y appeared before me,the undersigned authority,·MARIA MAURO TALLARICO,who,being duly sworn according to law,deposes and says that the facts set forth in the foregoing Answer and New Matter are true and correct upon her knowledge and belief. auro Tallarico i1y "~ rt::rJ-l. C1l ~ ~ :t>S 0..I:\) '-< o H1 o (')j rt,o,0'"t'J) ti z~ I-' \0 0'\~ H ::r(I) ti~ '-< I:\) (') (')m 'Crt .. ti C1l (I)CD (')ti (I)<:...,.J-l•<:(') (I)(I) 0.. I:\) 0 H1 (')rtQ:-r'C (I) '-< rt ~J-l.::r rt (I)::rtiJ-l. (I)tS 0H1 6'• C1l~ (I) ti IIIlj 0.. !' z(I) ..~ .::s:. ~ 1:\)' rt rt (I) ti I:\) !;j 0.. /, I:\) ~' (')a I~ 0~ I-' (I) 0.. OQ CD rt ~f 0 ::rI:\) ~ •...-------~~~~,'. I""-- " [ I l" " .. I ~ I I j..; f ~ 1 __a Decea,sed. FRANK LALLARICO, RE: ESTATE OF ANSWER AND ~mw ~~TTER -¥ _;~.I, L.~l~-.I I "\~___l •. 1~',~..'....~-~O..;..>i~'.J ~ (~I <••1\Ill 1~,,~......-EDW:ARD<.N'.S~<GIAMANNA•\.II and THOMAS .J.TERPUTAC ATTORNEY AT LAW WASHINGTON,PA. /f---8 r/222 WASHINGTON TRUST BUILDING NO.264 OF 1964,O.C. IN IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNA • -j 'J..,v' I ,~ ,/ 't) \I ,. ," •" • \, • • ,/ t" • , I • !i!i !i{~ III,~ i IiI!:; II, !ii!t;i I, ii~I!i!!Ii!~LI, III1Ii:!!i! I ;, k'!I ',. i ,E IIf ~ L.• --- IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIP 'I' ....ol-II.. i!II-:3: IN RE: Estate of' FRANK TALLARICO, Deceased. ) ( ) ( ) ( ) No.412 of 1963,O.C. .:(. II'f-. (,I.e.. (. c: ~BEFORE:r- t" lr. II:I&.l-ll:~APPEARANCES: £>; 1I: l-ll: :JoU... ~oiO:...o TIME: HEARING ON PETITION FOR FAMILY EXEMPTION THE HONORABLE P.VINCENT MARINO,P.J. of the s aid Court. THOMAS J.TERPUTAC,ESQ.~of Washington, Pennsylvania,representing the Petitioner; FRANCIS H.PATRONO,ESQ."of Washington, 'Pennsylvania,representing the Respondents. Wednesday,June 24,1964,at 10:00 A.M., E.D.S.T. **********~'-~------------'---+--\ I I 2 INDEX TO WITHIN TRANSCRIPT WITNESS Direct Cross Redirect Recross JOSEPHINE TALLARICO 3 12 ~TONY PALETTA 21 27, ~LENA HANNA 28 37.. 0(>SERAFINO TALLARICO 40 52..J;..n....i:i MARIA TALLARICO 64 87L.. 0t-el.. iii;0( ~ eo:************Cl c:l!-e c·e ..J 0( C CD:J.., EXHIBITS,. t-.. cir::Exhibit "A It -Receipts from the Washington Hospital consisting of (5)ul'-r::parts,admitted on Page 60.0~ur:: l'-Exhibit "B"-Receipts from the Mellon National Bank &Trust Company,c::-consisting of (ll)parts,admitted on Page 60.0u oJ.; u Exhibit "c"-Agreement dated July 3,1962,between Frank Tallarico andcL.Mauro Maria Tallarico,admitted on Page 59.0 e I I , ~----J i-ii ~,I I,3 , : I , MRS.JOSEPHINE TALLARICO IS CALLED. THE COURT: the stand. She's already been sworn.You may take e DIRECT EXAMINATION BY MR.PATRONO: I ::!Q Mrs.Tallarico,I'd like to ask you,go back and ask you some.~ i <questions about the time of your marriage..Now you have alread Lr I ~> ""~ S testified you were married on November 6,1960 ? L..~Q A Yes.....,.. ~ Q Q That was in Italy?< ...~ .=A Yes .0 c::i.1-,.!!And I believe you said that until shortly before your marriage you,Qea .I-< ~did not know Mrs.Maria Tallarico?CI:D... i=A No.r·II. Ii.Iii Q Now about the time you were married and after that,before youc: 1.1 l-e: Co 'Came to this countr;y,did you see her any?ll.tIc: l-ll:A Yes.I:0C>It .. oJ<Q And did you have any talk about her knowledge of what propertyl'.iL... Co Mr.Tallarico had?I e i. : A Yes . Q .What did she say to you? \ A She say,"I get married because the first husband's ."penslOn,.. ..she no have enough,you krlOw,to buy what she need,you know. So she say,"I get married because for Pa Pals pension,to have 1.'. ~I------~---~--------------------------------------,--------. 4 more;'you know.Pa Pa---the first time Pa Pa see her,she say he come back,he write her letter and he say the property belonged to the children.So she write back,she say,"I don't A Yes. A In her house she told me. Q This was in Italy? A After;or before,I don't know which. She said,"After or before;I don'(know whic ." I can't hear you,Mrs.Tallarico.What did '.''':'"I care about the property;but I just marry you for pension." I didn't hear that. remember that? help Mr.Tallarico gave her when she was in the hospital;do you THE COURT: THE COURT: A Yes. Q Was this after ShE was married or before? Q wpere did this conversation take place? A Yes.Pa Pa went see her everyday. Q Q It was before she came -to this country,is that right?' Q I believe when 'you were testifying before you testified as to what I e ~.-:>.I>-101;;:;;: IIIa. ;;: (. I-t';;;: :t110<:;' ... r~ IJ..UICe.. LC =I JlI..I- l10 cr. II:It.I-It'CD. III ll: l-ll: :J0U ..J ~ u iL:ll..O' e you say? A Pa Pa went see he~everyday in the hospital.He sleep with her at night too because nobody stay with her and he stay with her. Q After she got out cf the hospital,what did he do for her? --------------------:------------------,---, 5 A I help herJ and Pa Pa too.You knowJ me and Pa Pa help her. Q All right.Did anybody else help her? A What? A NO J this time just me and Pa Pa. •Q How long did you help her? two thirds of electric because she has more electric.So Pa Pa Pa Pa came first and bring the billsJ you knowJ from the electric electric.But she forced Pa PaJ you know.She came holler up- saYJ "I know what I'm doing."He no want me to pay two thirds make half;so she came upstairs.;she told Pa Pa she have to pay How long did you help her? WellJ she get better so one night she came upstairs and she--- and gas and everythingJ you know.So Pa Pa was write the billsJ her? Till she get better. How long did you help her? What? And was there anything occurred which stopped you from helping A A Q Q rtiII:11/l-ll:oa-11/ Il: l-ll: ::loU oJ« u II.II.o ~l: Il:I-1/1 o oJ« u o ::l... J:~r-.N ~ z Q~>oJ>-~Az 11/a. ioI-~ Z :tIII«~ stairsJ kicking with the hands on the table.My husband was eaL Pretty soon everything fall off the table. Q After that)were you and she friends? A No.I no talk to her no more and I stopped help her.I no help her no more. Q Now you lived upstairs? A I hear all the time.She argument with Pa Pa about money all • A Q Q Yes. Could you hear what was going on downstairs? the time. How frequently did these arguments occur?Did you understand 6 « z«>..J>-~zzUto. 'iol-e) Z J: ll)«~ A Q A Q A No. How often did they argue? I can't remember how long it take.you know. You say they argued about money? Yes.I hear when.she wants money to collect and everything. ..:u IX I-!!!o ..J Q« lJ;:; ;:)-, :t..,.. l'4 She always go after him,Jor money. Now during this period after you quit helping her.can you tell us what your father-in-law.Frank Tallarico.did for her?Do you know this? Ifill:1IJl-ll:o0- 1IJa: I-a::>ou ..J0( U \I.\I.o A Q A After I no talk to her? Yes. I hear.but she want to come back;and to Pa Pa,to say she want money because she leaving. Q I don't think you understood the question.Did he help her any? A Yes,you know;all help her because she no want to do nothing. Q What did he do? A He scrub the floor and wash the dishes and cook too. Q How do you know this? A Because I go up and down the steps;I see from the kitchen and 7 everything.And in the morning Pa Pa bring her breakfast in bed,put a chair on the side of the bed.After she eat she get up and after,she had walk in the back yard.After she eat she feel A I no understand. this country or not? Q I didn't get that. Q What reason did she give for saying she didn't like it here? Now did vou ever hear her talk about whether or not she wanted... as far as you could see? After she came back from the hospita;l what was her health like, good,you know . say,'I like it better my country~" to stay in this country? "my country. REPORTER:"I don't know what she don't like.She always Q A I don't know what she don't like.She always say,"I like it better Q Did you ever hear Maria talk about whether she was going to stay in Q A I hear her all the time she say she no like it here. ,• ~ <>.I>U:;;:... LICo :;;: (J I- L'A %110<:3: ..-Lii..t'C•.. L C 3l-I' I' If. ll:l&-I-ll:Ca.. III 0: I-0: :J0U -I<: U II..II..0 A The first time she came back from the hospital? Q Afterwards. A After she came back;I don't understand. Q Did she have to stay in bed? A Yes,first she came back from the hospital;yes,she stay in bed. Q For how long? ,----------- 8 A A couple months;I don't remember.I don't remember how long she stayed.',' Q Did you say one month or two months? A I think one month but I don't know if it's more . A I don't--- A Pa Pa do the work. Q After that was she up and around? asking the witness to render medical testimony. What was the question,Mrs.Hammond? Well,the witness can answer as to her own If the Court please.this has implications of I don't think she comprehended the question. If she tries to get into the medical line,that's different. knowledge of what might obviously be wrong with a person without the going into;medical line.I don't think it's objectionable thus far. THE COURT: MR.TERPUTAC: THE COURT: Q A Yes.she got up.but she no work.Pa Pa do all the work. Q Well,the question is did you see anything wrong with her? Q Could:you see anything wrong with her after she got up out of bed Q Is there anything you could see about her health? • ~ =«>.I>u0: Li C- o: I 0l-I C'I Z % lI'c:;, 1-' L IIIl-II C•4 L C = J:I-r-N 1IIll:IIIl-ll: () 0-IIIll:....Il::>0u .J« uii:II.0 e REPORTER:IiCould you see anything wrong with her after she got up out of bed?" A I don't know what you mean. THE COURT:Mrs.Tallarico.they want to know if you sa~ .------------------------------------------.-------, 9 anything wrong with her.They mean was she sick or could you see anything that would make her sick? A Before she was sick,yes,but after she get better she was same way. Q During these arguments was there one occasion which involved A Yes.I hear from .upstairs.She have knife in hand and I hear Pa A You mean---she was better.She was go out.She went walking, A Yes.When she argument with Pa Pa she always call him dummy After a month she was out of the hos pital did Did you ever'hear what happened if friends of his came? like she pushing him and him pushing her. "Put knife down,put knife down."I hear lot of noise,you know, Pa say.IIput knife down."I no see but I hear.Pa Pa was say, a knife? you know,but she don't do work in the house.She was feel good, you know. you see anything about her that indicated that she was sick? tell me whether or not there were any name s called? and old;in Italian they say disgraziato. Q THE COURT: Q Mrs,.Tallarico,during these arguments that they had,can you • ~.. 0(:-oJ~Q·..Ur.i ·0l- CJ· Q<3= ~u c:l-III 0•oJ-: ~Cl:>... i=r·" r; ll"IIl-II CIIII II I-!! CL ;;-L lLlLC• A Yes.Pa Pa have few friends,you know,visit him.So she alwc ys when somebody come visit,she always start to argument with different people,you know.She argument with different people. Q Now do you know anything about her arranging to leave? A I hear she leave but--- 'r Wait a minute.Who did you hear from?Did you hear anything I mean I no was talk to her. Bo anything you know about that comes from somebody else other .Jl)::m her,is that right? l)~ear,you know,I hear from upstairs,you know,she argument 'with'Pa Pa.She say she want to go back.Pa Pa say,"If you want,to go b~ck,you go back.If you want to stay;you have to be All right.Now ,did you hear them actually making arrangements for her to leave? Yes,I think it was in April,I think. In April ? The first time 'she 'was supposed to go. How many tim es did they make arrangements for her to leave? i' I think three times;two times I think she have to go back and the third time she went back. When did she go? I think it was in November. This would be November of what year? I can't remember,you know,the day she went back. Now when you heard them making theEie arrangements was there 10 I .-------------.-.:--------------- anything discussed about money? A Yes.She change mind;she want more money.Pa Pa say,"I giv p 11 • $20.00.I'She say,"No,$20.00 no enough."He offer $25.00. No,she no have enough.So he give her $30.00 and she say, "All right."But you know.when Pa Pa give $1600.00.we don't know;we find out after.But if he no give this money maybe she I. • 0( z0(>.J>-UlZ Z iiilL iot-elZ 1:III0( ~ ..=o a:t-(/) o .J« u o::>... :tl-I'N iiiIl:iiit-o:olLIIIa: t-Il:::>ou .J«oiLII.o Q A Q A Q A Q A Q A no come back. You're saying that you didn't know until afterwards that he gave her $1600.00? Yes.But we don't know. When you heard them talking they were talking about a monthly payment;is that right? Yes. And they were discussing how much it should be ? Yes. And he wanted to give her a certain sum and she wanted more tha that.Is that what you said? Yes. But finally they agreed on a figure.is that right? Yes. Q How much was that? A $30.00 Pa Pa sent to her every month. Q Now when she actually left did you go wit;h them? I I I 12 A When she went back? Q When she went back to Italy. A No. Q All you know about that is she disappeared.is that right? Yes.I don't know about it. VI ," ioI-oZ X'III<3: Q A Q A And then did she come back?Did you see her back here anytime while he was living? No.After Pa Pa died. It was after he died that you saw her again? I see now,you know.yes.She no come to the house.you know. . ,} t=.(,,1 it'I-UI'c.; ~'Q \.I "~A After Pa Pa die I no see her:no more. You say you didn't see her after Pa Pa died?Is that what you saic ? No. ;:: ~. "Q You didn't see her any time while he was living.did you? A cj;, II IIl-II '.CIIIIII l-II. E'Q.. l..'iL II., C You mean when she was in the house?After she left I no see her no more. ,Okay.You may cross examine. ;e '"'~,,I ."( CROSS EXAMINATION BY MR.TERPUTAC: A Yes. Q Mrs.'Tallarico.you were married in Italy? Q You were married to your present husband.Frank Tallarico.Jr.? "A Yes. 13 Q And about that tirr:.e Maria and Frank.Sr.got married,is that ri~ht? A Yes. ~z<>~»WIz~.. z:ot-elZ :ren<~ ~!:!lI::t-III is oJ« u o;).., :t0-r-N uilI:: IIIt-lI::o0-III lI:: l-ll:: ;)ou oJ« uiL...o Q A Q A Q A Q A Q A Q A Q A Q A Q Mr.Frank Tallarico,Senior had been in Italy on two occasions in 1960.isn't that right? Yes., He had been there the first time? Yes. And he met Maria,is that right? Yes. Are you familiar with'the letters that he wrote to her when he came back to the United States the first time? You mean the first tim e?I don't know.Pa Pa you know.I just see him,I don't know nothing.you know. You don't know about the letters? No. Did you know that he had written to her asking her to marry him? Yes,she told me and Pa Pa told me too. And then he came back about five months later to Italy,is that right? Yes. And that's when these two marriages took place.is that right? Yes. And then some time later Frank Senior went back to the United States? J A Yes. Q And Maria stayed in Italy,is that right? I I A Yes. Q Did you stay also? e A Yes.I stay six months and she stay six months too,before 14: ~z0(>oJ Q>~ ZIII~ i 0I-el I !: I X GlC A~ I I ,.:I u 0::l- I enec QoJcu c A:>.., J:0-I'QIN ai0::IIII-0::00-III A0:: I-0:: :J0 Qu oJ0( uii:'"0I I AeQ A Q the paper.immigration paper was ready. In other words.the reason that you and Maria stayed was because some immigration papers had to be gotten and you got those and then left.is that right? I don't know about that;I just know the paper no was ready.We stay six months before we came here. Did you and Maria come back together on the same airplane? Yes. And Maria brought her belongings with her?Did she not?Her clothes and things? Yes"clothes.I bring some too. And when you got back to the United States Maria and Frank began to live together on Wei:dch Avenue.is that right? Yes. And you and your husband lived in the other.part of the same hous ? Same house.second floor.yes. And how many rooms did you and your husband have on the second floor? A Three rooms. 15 Q And how many rooms did Frank and Maria have on the first floor ': A Four rooms and bathroom downstairs. Q And I believe you testified that Maria and Frank got along pretty good until she got sick.is that right? A Q A Q A Q A oUiill:~Q oQ. III II:A ~II: :l8 Q .J~~II.II.o A A couple months.yes.A couple months she was ---I no hear no argument.no nothing.But after a couple months she start. She got sick and went to the hospital two different times.is that right? Yes,two times. When was the first time? I think September.I can't :r:-emember any dates.But I think it was September~ September? I can't remember the day.you know.but I think it was September Of which year? 1961. And then she came back out of the hospital and stayed home for wtat length of tim e until she went back in? She was home after.I don't know~She went back in the hospital; I mean she was better.ypu know,until she get better.you know. She was better but I don't know why she went back. Q How many months did she stay home until she went into the hospite 1 again? A I don't know.I don't know when she went back.you know.becaus the first time I'm sure,because it was September. I no talk to her,you know.I can't remember. The second time 16 Q But you know she went back into the hospital another time and sta)ed e awhile and then came back home again,isn't that rigl:J.t? A Yes. 0( %Q Did you go to visit her when she was in the hospital the first time0(>oJ>-~A Yes,a couple times.z~ i Q How about the second time?0l-e>z :t A No.V) 0(~ ~Q You didn't go the second time? u II:I-A No.IIIeB oJ0(Q Did Frank go to see her almost everyday the second time she was I !:1 I C I ::>..,in the hospital?J:..,... N ui A Pa Pa,yes. II:11.I ~Q And did he stay overnight sometimes with her on the second time0 n ll.. 11.I II:-I-the hospital?a: :> 0u .J A Yes.~~I&....Q Now Mrs.Tallarico,you have testified that somebody told Maria0 e about this property and you said you did not know if that was befor~ ; I or after the marriage,is that right?, A I know after she get,you know,Pa Pa say he write letter to her,I i II you know,before she get married,but--- Q Just a minute.Pa Pa told you that he wrote thes e letters? I '-...IL..--:.._ 17 Q Did you see the letters? • A ~%~>.J Q>-~z...AII. Z0I-QCIz :z:UI~A~ ~Q(J« I-UI 0 A.J ~ U 0 Q:J., :tl-I'C'I !Iia::AIIII-a: 0II.III QIt l-ll:: :J0U .J C u Aii:Ii.0 Q No,but I can say---we sit down on the porch outside in the summ ~r time,me,Pa Pa and her.She start argument with Pa Pa.You should have money,you know.Pa Pa say,"I no promise you mar ey." He say,"I write you letter because the property belong to my children."Pa Pa tell to her so she no say nothing. Pa Pa collected all the rents during this time,didn't he? Yes. From the houses? Yes. He collected all the rents,didn't he? Yes • Some of it he collected himself and some of it he had somebody else collect for him,is that right? Yes. And during the greater part of the marriage he would give the money to Maria,didn't he? I see him;he gave all the money to her. Whenever he wanted to pay the real estate taxes he would ask Maria for the money,isn't that right? A Yes. Q When he wanted to make repairs on the houses and things like that he would ask Maria for the money? A Yes. ,.-------------,,,-------------------------------------------,---- 18 Q As far as you know none of the children got any of the rent money while Frank was alive,isn't that right? A No. Q "V'V'henever some repairs had to be made to these ,houses~Frank Tallarico,Senior was the one that got the work done,wasn't it? Yes. Did you and your husband pay any rent for the upstairs house? No. Who paid the utility bills? We pay half bills . .:(J a:I-UIo oJ< ~c:>., x0-r-t'Il !Iia:I&lI-a:oCl.IIIa: I-a::>ou oJ<uii:Ii.o Q A Q A Q A Q Was it all on the same mete,r? Yes. Gas meter and water meter and electric? Yes. Now,Mrs.Tallarico~you also testified about Pa Pa Tallarico helping ·Maria by scrubbing the floors and doing the dishes and soforth? Yes. That was after Maria had come from the hos pital,wasn't it? A Yes. Q And she was still pretty sick,was she not? A Yes.She was sick but after she get better,you know~Pa Pa still do the work. Q Well she didn't really get better,did she?',' .-------------,,,.--------------------------------------------.----- 19 A I don't know.Before I know she was,sick but after she was well she was all right.She went out. Q She went outside to walk around? A She went outside in the back yard after she eat. A A Q Q 0( :t«i IIIII. io~Qz :z:UIc~ She would sit outside some time? Yes. And then she went back in the hospital,isn't that right? Yes. You were not in Pittsburgh when this agreement was-..signed, were you,Mrs.Tallarico?The agreem ent signed between Frank A...:(J II: l-UI a ..Ic oi5:).., 1:I-,... ClI A Q A and Maria? I don't know about that. You don't know about it,is that right? No. ai~Q II:oII.IIIII: ~II:~1\o .J Cu Qb:...o A And you say you heard Frank and Maria talk about Maria going ba k to·Italy,is that right? Yes. And isn't it true that Frank told Maria that she should go back to Italy for her health for a time and then come back? She was,you know,she give a lot of trouble to Pa Pa,you know. He say,"You go to the country;you get better."That's all I kno~. Q In other words,Pa Pa thought that maybe this climate or the weat~er over here wasn't too good and that Maria should go to Italy for awhile then she could come back home;is that right? 20 A I don't know. Q You don't know? , A No. I,Q When ~.aria went back to Italy Pa Pa Tallarico wrote letters toeherabouteverytwoweekslisn't that right? 0(A I don't know.%0(>..I I>Q You don't know?I..II,A I don't know.She write letters but I don't know if he write.i0!I-~Q Do you know that she wrote letters back to him?!zI:I: III0( ~A Yes. I .:0 Do you know that Pa Pa Tallarico1itQ when he got sickl wrote to herl-I III I CIeI..I and said he was not well ?Do you remember that?When she was0( 0 c::>in Italy..., J:l-I'-C\I A Yes. ai . a:III Q Isn't that right?I-a: 0lI.IIIa:A Yes.I-a:::>0 Q And do you know that she wrote back and said she was coming horn e?u ..I C Q A I don't know.I don't read the letters,you know.\I.\I.0 e Q You didn't read the letters?-I , A No. Q Well,Pa Pa told you she was coming back,didn't he? A I mean I don't remember. Q You don't remember? A No,I canIt remember. •'j. \ - 21 I \ Q Did you go to the airport with Pa Pa Tallarico and Maria just befo e she we(.nt"back to Italy? iI A"No.I I I Q So you don't know what happened there,is that right?e A No. :!Q Now until Maria got sick,isn't it true,Mrs.Tallarico,that she-~0(>-...;-did the housework,fixed the beds and did the cooking and the washti.ng,I'l; i;j..isn't that right?I :i0\t-el~A Yes,the firs t month,yes. x., 0(:=Q Until she got sick,isn't that right? .:0 c:A Uptil she got sick,yes.t-., e Q oJ Q And she got sick after she had been here about five months?0( 0 Q:J A Well,yes .., ~ t-..Q That's all I have on cross. .; I( iiit-MR.PATRONO:That's all.I( Q... iiic THE COURT:You're excused.t-&:: :J 0 (Witness excused).lJ oJ 0( ij i:L0 TONY PALETTA IS CALLED AND SWORN. e DIRECT EXAMINATION BY MR.PATRONO: Q What is your name? A Tony Paletta. I ~Q Where do you live,Mr.Paletta? A Washington. .,, ------------- 22 Q What is the address where you live? A 785 Donnan Avenue. Q Are you in business? A Yes.e Q What business? (A Make the grocery.E(,. oJ..Q Where is your business located?nI:,!II..A 1265 Jefferson.Ii:), Q How long have you lived in Washington here?z:it 11III0( ~A About 35 years. ~ ;J J:Q Did you know Frank Tallarico,the father? Jl e :5...A Yes.0( ~ :5 ::l Q How long did you know him?.., OJ:,......l'4 A About 45 years. uiIl:1&1 Q Are you related to him in any way?....Il:0Do1&1Il:A Yes .....Il: ::l0 Q How are you related?u -'00(,uiL A Cousin.....I I 0 i e Q And during the years were you close to him,intimate with him? A Oh,close as anybody I know.II Q Do you rememrer when he got married the second time?, I A What's that?, I Q Do you remember when.he got married the second time?.. A Yes.....;. .' ,-- Q And after he got married did you know how he was getting along with his second wife? A No good. Q How do you know this? 23 A He was tell me everything.Anything that happen he come to me and tell me. Q So he was saying he was not getting along any good? ;;:oI- U;;: A No good. MR.TERPUTAC:If Your Honor please,unless it is developed .:u c:I-lot ii oJ-: u ii:t..Q that this was said in her presence,or under circumstances that Maria would know what was going on,we move to strike the testimony from the record. We will follow up with a little testimony as to her. ;> ~THE COURT:The motion will be sustained unless we have .. Li; \IC Q A Q A proper testimony to connect it. Now did she come with him any time to talk to you? Yes,once . And'where did they talk to you? They came over to my home and they have trouble and I tried to smooth it,you know,fix it up so they could get along. Q What was the trouble?What did they say? A She had a notion to go back.Frank call up for $25.00.She wants more.And they came to the conclusion about $5.00 more. I told Frank,"Go ahead if you have trouble,give her $5.00 more " .Q A ! Q A Q \ <Az<>oJ>-Q1IlZZIII0- i0I-0 AziUI<~Q ~u ii:AI-UI Ci oJ< UCi:>.., :t.."~ aiIIIII Ql-II 00..III0:AI-0::>0 Qu oJ<u ii:AL\. 0 Q This was while they were both present,is that right? What? This was when they were both present? Yes,both present,yes. And you were there? I was there. They were talking about how much money he ought to pay her if sh~ left? Yes. What reason did she give for going? Well,she decided she wanted to go;she no want to stay here. They wasn't get along,a lot of trouble there,so they must agreed because they had agreement for $30.00 a month;they must agreed. Did she say anything was wrong with her health? Not to my knowledge. Did they ask you to do something else? Well,Frank came over and he said,"I'm in trouble.I need $500.00.She want to go home." Now wait.After they made this agreement did they ask you to go somewhere? 24: A Oh,before they make the agreement I supposed to come over to interpret them.It was around the fourth of July;just about two days before. Q This was before they made the agreement at your place? A Yes. Q And did they both come to ask you? A Yes l they both come over and ask me if I go along with them. Q Where? A To the lawyer so they can have the agreement. Q Did you tell them you w:ould-go ? A Welll I promised to go but on account of the holiday I went myself to their home and I sa:idi""I can't come over because I'm busy in my place of business.I can't leave.II Q Wel!l you first promised to .go then you went down to their home and told them you couldn't gOI is that right? A Nollcouldn'tgo. Q What happened then? A Welll they started trouble right therel started fight. Q What were they fighting about? A One was rightl the other one says she was right.I saidl "I'm gonna leave.I'm no used to this kind of trouble.I'm gonna go." IQDoyouknowfromthediscussiontheyhadinyourhousewhenthey made the agreementl whether Mrs.Tallarico had any relatives in Italy? A I didn't get that. Q You didn't understand.I'm talking about when theycame to your place. 25 I ·1 - ------_._----- : ~6 A Yes. Q And they talked about how much he should pay her,do you remember that time? I A Yes.e !Q Did she say anything then about whether she had any relatives in ~Italy?:!: I «;.I ~I :-If she had any relatives or who?III A:!:!!:IIlI<L ~Q Yes~she. , I:A We didn't discuss that.En( ~Q Do you know whether she had any relatives in Italy? .:. =II:A Yes~she have relatives. oile:5 ~Q Who?0( :J:i I::l..,A Her and Frank,both of them have relatives.! :t,. ""1'4 iii Q What was the relative that Mrs.Tallarico had in Italy? II:IIIto A Probably a cousin.I don't know.Forty years I never beenII: 0D-III II:I don't know what she had.to there, II: ::l 0u Q All right.Did she ever say anything to you about a daughter?..J00( u ii:A Qh,yes.We didn't say that at my place but I know she have aII.. () e daughter over there. Q She didn't mention it to you? A No,she didn't mention it to me. Q I see~but you do know she has a daughter? A I know she has a daughter. .Q NnUT VnlJ .c::~irl .c::nTYloth;nfT "'hAllt !l:snn nn? A Yes. 27 Q What was that? help is you."I said,"What do you want?"He said,"I have to A Well,when they agree to $30.00 then Frank came over,he says, •"I'~in trouble.I have to have some money.The only one can Q ,, ,. ~z<>...I>WI Z Z 11II ,ll.'Q i,.'0...,:~.A 'f WI<'-"~ deposit $500.00 for airplane."So I loaned him $500.00,which I never got yet. And you did lend him the $500.00?, Y~s.I have a judgment for that. Cross examine. CROSS EXAMINATION BY MR.TERPUTAC: Q I. ... l":'.,u-it I•..... .III,0 -...I 0( L)-,0 '::l., X.)- "N iiia:wI-a:oA.~A ~::l 8 Q ...I< u ii:lIo.o A Q Mr.Paletta,you weren't present)were you)when Maria and FraPk ,Tallarico signed the agreement? No. This talk about going to Italy was after Maria had been in the hospital on two occasions)isn't that right? It was before.She'd been continuous about it.For a little while it was all right;after awhile she was want to go back to the Old Country. How many times did you talk to Frank Tallarico in the presence of Maria about going back to Italy?Was it twice? A Well)when they was at my place)home,I ask her,I said "You -want to stay in this country or do you want to go back?"I said, . "Make up your mind.That's been two times you do that.Either i "stay or go. Q That was one time,is that right? A One time,yes. Q Then the other time was when you went to their house to tell them that you weren't going to go and interpret the agreement for them, is that right? 28 A Yes~I did. Q And then they had a big argument about the money,is that right? A Well,they was so foolish,I just left.I thought they was gonna -J' kill each other. Q Th~y were both arguing,is that right? A Yes~one back and forth. Q That's all. MR.PATRqNO:That's all. {Witness excusedf LENA HANNA IS CALLED AND SWORN. DIRECT EXAMINATION BY MR.PATRONO: Q What is your name? A Lena Hanna. Q What was your maiden name? A -----"-------------=---~------------ ,--------------,,------------- 29 Q Are you a daughter of Frank Tallarico? A Yes. Q Where do you live? .:u ~I-III is ..J0« 'lJ 15:>.., :t.."N uiIIIlJ l-IIoQ. IlJ II l-II :>ou .J« u i;:...o A Q A Q A Q A Q A Q A Q A Q I live at 132 Weirich Avenue.That's in Canton Township,right next door to where my father lived. Did you live there at the time of his second marriage? Yes,I did. Now can you tell me when they,or whep.she first arrived,how they got along there? They got along very good at first. Then what happened? Well,she claimed she was sick and she couldn't do anything then there was the money involved.A lot of little things. Now was she in the hospital ? Yes,she was,two times. Did you visit her? Yes~I did. Did your father visit her? Yes~he visited her all the time.He was there constantly. What were their respective ages? A I didn't get that. Q What were their respective ages? A Agents?What do you mean by that? Q How old were they? -----------,;r------------------------------------,---- 30 A My father was about 76 I think.I don't know exactly.She claimEd she was about 55 or 56. Q All right.When she was in the hospital.what kind of attention did your father give her? A Like I said.he was there all the time and he even ate lunch at the cafeteria there for awhile.And I know he enjoyed that but he said it was costing too much money and the only time I'd see him is when he came home to make a lunch.He'd freshen up first and then go back.He was there most of the time. Q How about at night? A At night he was there most of the time too. Q I believe their closing hour for visitors there is about 9:00? A Yes. Q Is that when he'd leave? A No.he'd stay there longer.I know a couple times he'd go there he'd stay. Q Now after she came back from the hospital what kind of care did he give..her? A Well.she was in bed first and I know he was always in there and he'd even bring her meals in and he'd do the dishes and scrub the floor and I always saw him sweeping off the front porch and taking the garbage down;things like that.But he was always ther e. Q She went back to the hospital,did she? A The second time,yes. 31 When was that? I don't know the exact date. Approximately how long after the first time? Like I saYJ dates,they don't mean nothing to me.I don't know the dates.But I know she was in there two times. In between those two times as far as you could tell what seemed tb be the state of her health? To meJ I don't know;I didn't think it was as bad as it was.I'm not a doctor.One time I had gone over thereJ she complained about five illnesses. Is there anything that you could see that was wrong with her? Not myseH,no. After her recovery,at least after she got out of the bed after the first hospitalization,did she do anything around the house? I didn't see her. Who did the work? My father. Now you have a sister MarYJ do you not? Yes. Did she do anything? Yes.At first she was coming down and doing all their washing and my father wanted to pay her $1.00 to do the washing and she said that was too much moneYJ so he had to give that up.$1.00 to do the washing. Q Were you present or did you overhear any argument with respect to Mary? A Not from her.but from my father;he told me and Mary told me. Q You didn't hear about it yourself? 32 A ..<>..>II;;: Uto ;;:ot A;;: :t III<~ Q A L C !I" f Al-ll: CQ. ~Q l-ll: g Au oJ<: ~u.u.() Q No.I didn't. Were you present when there was any discussion when she was pres ent involving Mary?Now when Mrs.Tallarico was present. any discussion or argument or anything like that? Just like I say..what Mary had told me and I knew she had gotten mad at Mary and she had taken off. Now did you see that? I saw her taking off because I was sitting on the porch the same day and that had to do with what went on at the house. What happened then? My father came over and he told me....- Not what he told you.What you saw. I saw her;she stormed past the house;she didn't even speak to me and she always s;poke to me.I knew right then something was the matter. Was Mary there at that time? A Mary wasn't on the porch.but she was someplace around.I thin1 she was in the backyard. Q Did she do any more cleaning after that? A I don't think so.I think she was kind of leery to come down to 33 the house.In other words,when she'd come down she'd come over to my place. Q e A ::Q All right.Now when she first came back from the hospital where was Josephine living? You mean the first time? Yes. :;;: (. I- l'"Q:;;: ...-:~.I>1.I...:;;: 101c:. ..." l III...III C.. LC 11'.0:ILI-0: CQ. ILa:: t-a:: :JoU...<t uo IL.IL.00 A A Q A Q A A Josephine had lived in an apartment upstairs.She had to come through her apartment in order to get out. Did she help Mrs.Tallarico any? Yes,I think she did.I didn't actually see her but I know she did. But they told me she did. We've got to limit ourselves to what you saw or what Mrs.Tallar co may have said in your presence. I've seen her making coffee,down there. You have seen her doing something? Yes. Did this continue?Did she continue helping her,Josephine? You mean the first time? Q Yes. A I don't know;you see,I live next door.I wasn't always in the house.I just went over when I had time.I have three children. Q You don't know whether Josephine continued to help her or not? A No,I don't. Q Do you know whether or not your father continued to help? I A Yes"I know he did because everytime I went over there he was over there. 34 I Q Now let's talk about the second hospitalization.After she came home from that"was she in bed? ...:u II:~IIICi ..I<: l> 0- ::l.., J:.."N uiIIIIIl-IIoQ. III II l-ll: ::loU .J0( U I>.I>.o A Q A Q A Q A Q A Q I saw her out a good bit.I mean she walked down Wylie and that's a pretty good distance and places like that.I didn't see her in bed all the time. Did you see that time,was there anything you could see wrong wi h her? No,I couldn't see anything wrong with her. After this second hos pitalization,did Mr.Tallarico do anything for her? Yes,he did..He went on as usual. Did she do anything? I didn't see her. -All right.Now from where you were,could you tell how they were getting along? They weren't getting along at all. How do you know that? A Well,this one particular day I had jus~gotten in the house. My three children were there at the time and she came over and their voices---and he came over too,and their voices were raised and gee,I didn't even get my door open and they both i • ::..<>.J>-~2; :iLo QII 2: Ct-At:Z :I: 1II0( ~ ..=u ii:l-ll) 0 Qe.J« u0 A:l., I:..r- l\I ui0::\II t-o:: 0lLIII0:: t-o:: :l 0 U .J« uii:l£.0 QeA Q started telling their troubles to me,.like I should have taken each of them side but they were arguing about"--she had two bills in her hands.They were from Viehmann's and she claimed he had paid two bills when he should have paid one.And he said they were actually two bills and they were arguing over that.And theifr voices were raised and my children weren't used to that either. And I felt kind of embarrassed. Did you hear arguments more than once or just this once? I've heard them with little petty arguments like a lot of husbands and wives do;like insults,.little things.But I didn't pay any attention to those. You would say you heard them arguing more than once? Little things,.yes.Not like this particular day.This particular day my father's face was so red.She says to me,.she says she can't live like that.She's not used to bills.And he's making a nervous wreck out of her and she was making a nervous wreck (ut of him.And she can't take it any more.That's exactly what she told me. They were arguing about money? Yes.About the bills at Viehmann's Drugstore. Were any of the se other arguments you heard,.did they have to do with money? 35 A Mosny,.yes.Little things. Q Do you know of your own knowledge anything about the arrangeme [lts ----------------,..------------------------------------------;,-------" 36 which resulted in her going back to Italy? A Just like I said,that last argument she said he was making a nervous wreck out of her and she was making one out of him and they couldn't live together anymore.And I know as a fact my father said he was going to leave and if she didn't leave he was up I move to strike it from the record. to be conditioned upon under what circumstances she heard this. This is unresponsive.purely voluntary.and unless it is connecte ~ Q Was she present when your father made that statement? ~z<>oJ>-GlZZIIIQ, ioI- lJZ :I: III<~ .:u IEI-1fIo oJ« (;. c going to leave. MR.TERPUTAC: THE COURT: brings. If Your Honor please,that statement has g<t We will see what the subsequent testimony :z:..,.. N iiill: IIIt-ll:oQ, IIIcr l-ll:::JoU .J<u ii: ""o A I don't remember.She might have been.I can't remember.He said it a few times. Q But you do recall that she told you that he was making a nervous wreck out of her.and she was making a nervous wreck out of him ': A Yes. Q If I understand you right.you didn't know of your own knowledge about the negotiations for her to go back to Italy? A Only about the $30.00. Q Well now did you know that from him or did you know that from hE r? A From him. Q You never talked to her about that? 37 I A Not about the money~no.I Q Now she did leave~is that right? A Yes. i Q And then did she return as far as you know at any time until afterehisdeath?i, 0( z A After he died,no.She wasn't here until aft er he died,that's I 0(>..J>-right.IIIIZIZIIIII. i Q You may cross examine. 0I-~Z :x: UI 0( ~ ..:CROSS EXAMINATION BY MR.'rERPUTAC:u 0:I-UI .Q Mrs.Hanna~after Maria went back to Italy were you familiarae..J I0( u with the fact that Pa Pa Tallarico wrote to her about once everya::>., J:I-two weeks?"N ui A At first he wrote to her.I don't know how often but he wrote to0:IIII-0:0 her at first.II. III 0: I-0:Q Were you famiLtar with the fact that after he got ill he wrote to::>0u oJ«her regarding his bad health?uii:II.0 A I don't remember that.I know he was too sick to even write ther 8. e Q Do you know that she was writing back to him and saying that she was coming back to the United States? A She wrote him a couple letters but I don't know what was in it. Q You didn't see them and no one read them to you,is that right? A No,and I can't read Italian. ---------------,~----------------------------------.....,---- 38 Q Did you have anybQd..y on your behalf write to Maria while she was in Italy? A No. Q Did any of the other children to your knowledge have someone wri e to Maria while she was in Italy? ::A..-::>oJ>-go L ZlrII 2Cl-e:<: xv:... ~ ,.:u a:f-UI Q oJ« lJo 0; :>":I:l-i'N uill: Id l-ll:o0- ld Il: l-ll: :loU .J< uii:II.o Q A Q A Q A Q A Q A Are you talking about the agreement? I'm just talking in general now. That's the only one I know.The only one I know is that there's an agency in Pittsburgh my father had told hi$son to write to if that's what you're referring to~I was present there when he told my broth~r to write the letter. Your brother Frank to do the writing? N01 my brother Serafino. How many letters were written on Serafino's behalf?:' No letters. You did not have occasion to visit their'household very oftenl did you? I had occas ion everyday. You were there everyday? Not everyday but at least every other day I stopped in to see how everything was going. Q As you have testified on direct examinationl you saw one argumer t that you say was pretty heated. A They came at my house at that time,yes. L-.....ll.~_ 39 Q That was at your house? A Yes.My three children were present. Q And the time you went over to Pa Pa Tallarico's place you would notice that they had some squabbles about money and a few other I e:things~isn't that right? ::A Petty things.yes .They weren't heated like the one she did..0(>oJ at my house.><II I;;:;;: IIIII Q Is it not true that until Maria went in the hospital the first time2-cl-e she did the work~she cooked the meals.did the washing.did2 %I/'.4 the household work?~ l-t.:A That's true.but she could have done it later I think.a: I-IIIa You're giving your opinion that she wasn't ase....Q ill.you thought.< 1JI Q as she was making.out?:JI ." z:..,.. A That's true.1\I uia:III Q She saw the doctors on several occasions?I-0:: 0Q. III A Yes.0:: I-0:::>0 Q After that didn't she?u .J« u A A lot of people are sick and they still can do a lot of work andii:...0 e they go to doctors.That's what I figured. Q That's all.Your Honor. (WHness excus ed)., MR.PATRONO:Serafino Tallarico. 40 SERAFINO TALLARICO IS CALLED AND SWORN. I DIRECT EXAMINATION BY MR.PATRONO: Q What is your name? A Serafino Tallarico.e Q Where do you live? I ::A 922 Harold Avenue.Washington.Penna..-:>I.I />-Q Are you related to Frank Tallarico?~;;:;;: \lIIII.A Son. I i _...;' c·..<:Q Mr.Tallarico,are you related to Cam Tallarico who testified I ;;; J'".. 3i here?..- L A Cam Tallarico is my wife.e:l-v. ce..Q In order not to cover the same ground,I'll ask you generally t.: c after your father was remarried were you close to them in the J:..r- N early part of their life together?I mean physically and clos e ui0:l1li in relationship both.t-o:0a. Ill' At first I was.Il:A Yes.I mean I wanted to see them make a goodl-ll: :J0 adjustment there and we usually went down quite often but then Iu .J«u noticed that a padlock was placed on the bedroom door and a fewii:lI.0 other things happened around there that didn't please me,so I IeI made my visits less frequent. Q Whahis..sthis~abQut a padlock on the bedroom door? A Well,it was their bedroom and I assume that no one was permittE d to go in or even sneak in or something.I actually resented the fact that they did have a padlock there.I know they kept their money there;any rent collected was placed in the bedroom there Q Then if I understand it for quite awhile you didn't go down there so much? 41 ;;:-:>oJ>-U2 2III II; zCI-eI Z :t:U) <C~ t-="u 0:I-l/la oJ« u o :J., J:.."N iii0:IIII-0:oII; III 0: I-0: :JoU ..I« ui;: LI.o A Q A Q A Q A No.The onJ,y time,I generally went down if we were called. If they wanted our assistance for something,we'd go down.She wanted the plane reservations for Italy.My wife and I both wentv' down.We took her;they called us when she went to Italy.We took her down.Or she had to go to the hospital.In other words, it had to be some sort of emergency of some kind,generally,whE n I went down. Do you have a sister Mary? Yes • Where does Mary live? Mary lives with me. Did she go down there at any time? She used to go down once a week.She stayed with us during the week.My wife and I both teach school.She'd stay with us Mond::y through Friday.On weekends she'd go down to try to help out an. way she could. Q Did this continue? A No.It occurred for a little while.Then it stopped.I understan< there was an argument over a little bit of money paid for washing clothes or something. Q Did you participate in the negotiations pertaining to her leaving? A Yes.The first time that we participated was after she had cancelled the first reservation.Up until that time my dad and sh~ took care of making the first plane reservation.But then she decided not to go and my dad was afraid of losing that money that ::;;:<>..l>(,I 22\IIIII Z Cl-e:z 1: lIlI«~ r:u 0: ti Ci .J« u o:>., J:.."N !Ii0:IolI-0:oII.Iol 0: I-0::>ou .J« u ii:lI.o Q A Q A Q A was on deposit there so he called us up;my wife and I went down the hous e.My wife called the Affitigatto Agency and asked them to cancel the reservation,which was done. Did you at that time have any conversation with her as to why she was leaving? W:hat? Did you at any time have any conversation with her as to why she was leaving? No.We generally didn't talk too much.In other words,I tried not to interfere with what they were doing.I wanted them to try to adjust to each other as best as possible. Did you have any other connection with her with the negotiations or agreement pertaining to her leaving? I don't recall whether we were called again but I think my dad called my wife the second time to make the second reservation for her to go back.And that reservation was made and subsequet tly cancelled again. Q This was the second? Q Did you have any connection with the third time? A I don't recall but I think my wife took care of the third reser- vation which was made. 43 .<>.. )-u;;: ;;:ol- II:0: ..:t II I-10I C t C If ItlL I-ItCQ. lL It I-It :Jo U .J« u ii:II.o Q A Q A Q A Q A Q You didn't yourself;? No,I don't think so.I can't recall that I did. When she actually left did you have any connection with that? Yes. What was that? Iwas asked to take them to the airport,which I did.I took my dad and his wife to the airport.That was in October I think,1962. And we waited around for the plane and the plane came.She and my dad boarded the plane for New York.My dad was to return to New York and she was to go on to Italy. Okay.Now in the course of taking her over was there any dis- cussion about the agreement that had been made or of the reason she was going? No.I canIt recall any.I mean I tried to refrain from getting into their problems there"their troubles.I was just trying to be an obedient son and do what his father wanted him to do. Were you present in the home when she was present enough to know how they were getting along? A Well.as far as hearing any arguments,they seemed to clam up. They seemed to clam up when I~:anfedown there.I mean I---- Q You didnrt hear anything? A No.All I heard was from other people. Q All right.Did you know,from conversation with your father, whether or not their life was happy and harmonious? A According to him they'were not harmonious or happy or pleasant. 4,4 Q After you took them to the airport did you see her again at any '..) I-., ~Q [ 'I):t ~ -J i: II ::l .J 0( ~::l:>.., x.. ":\I .,jx...-x::>1....X-X ::l::> oJ .J 0( ~......:> A Q A Q A time until after his death? No.The next time I saw her was in this Courtroom,the first time we met. Did you have any communication by or about her in this country until after his death? Communication about her?From other sources you mean? Well,that wasn't a very good question.I'm going to strike it out.When did you first learn that she was again in this country? "We had gotten a call from the Allegheny County Airport. When was that with respect to the time of his death? That was about six days Ithink.My dad passed away on August 31st and I think that was on September 5th or September 6th. We get a call from the Allegheny County Airport that she was there and wanted to know if we'd come down and get her. Q All right.Now prior to his death did you write to her at all ? A I wrote to her once on behalf of my dad who was in the hospital at the time. Q And he asked you to do that? A Yes"he did. ----------------------------------------,..-------, ----------------------_.----------------------------,----, 46 A Q A Q A 0( z0(>oJ>lI)z Z III 0. i 0l-e>z I:lI) 0( ~ .:0 a::l-ll) 0 oJ 0( 0 0 Q::l... J:..r-AIII iiia::III QI-a:: 00.III All: l-ll: ::l0 Q0 oJ0( 0 AiL... 0 Q As far as I know the deposit is still there~: .Who made this deposit? My father made the deposit. Do you know when? Prior to her returning to Italy. (At this point in the proceedings,the Reporter marks receipts from the Washington Hospital consisting of five (5)parts, as Exhibit "A";receipts from the Mellon National Bank and Trust Company consisting of eleven (ll)parts,as Exhibit "B";and an Agreement dated July 3,1962 between Frank Tallarico and Mauro Maria Tallarico as Exhibit "C'l.) Now did you,after your father's death,look through his papers? Yes,I did. Did you find a will? Yes,I did. Who was named the executor in that will? I was. Now I will show you a bundle of papers consisting of five parts and ask you where you found those? THE COURT:What exhibit is that,Mr.Patrono? Q Exhibit "A".I'm sorry. 1 A I found those in the personal file my dad kept. THE COURT:I didn't get that. 47 A In a personal file my dad kept. Q Those are all-oospita:Lr.eceit>.:ts:,:ax.e .th.~y not? A Yes,they are. Q And they are all for whom? A Maria Tallarico. Q Do they give the dates of her hospital services? A Yes,they do. Q Now the last one I believe is in April of '62,is it not? A Yes. Q What was the date when you took her to Pittsburgh to get the airplane to leave? A October,'62. Q 'In between that time,had you had any discussion with her at any time as to her health? A No,I can't recall any. Q As far as you could see,personally,did you see anything wrong with her health? A No,I couldn't.You're talking about in between those two times? Q Yes.I i A No,I couldn't. Q Were you around the house enough in that period to know what her activities were? I,. A Well,I knew enough to know that my dad generally did most of the work.In fact,I saw him doing the cooking;saw him washing Ii 48 the dishes.I did not see her doing that the few times I did go dov n. Q Do you know whether or not she was able to take walks and do thir gs 1 ike that? A Oh~yes;I've seen her take walks~leave the house. qj ll:~QoIIIIIll: l-ll: ::l 8 A .J« u:::Qo I ~ z<>-I>-tilZZ10.1to z· Cl-e; Z Z III<~ ,.: (;' ItI-IIIjj ..J« u c::l.., x:>-,.. til Q A Q A Q A Q A How far would you say you'd seen her away from the house walkin~? She went to Viehmann's Drugstore down at Tylerdale;about a mil ~. And she walked there? Yes. Now this bundle of papers called Exhibit "B"of eleven parts~ where did these come from? These are receipts for payment made by my father to the Mellon Bank. Where did they come from was the question? Oh~they came from my dad's personal file. You found them there when you were looking through his things~ is that right? Yes• Now these are all receipts~are they not?With one exception~ which is a check I believe~of the Mellon Bank~showing that money is to be transmitted to Mrs.Maria Tallarico? A Yes. Q The first one is dated November 1~1962.And what is the amoun of that? ·A $1600.00. ----------.r------------------------------------r-----, I 4:9 Q Now did you know about this at the time it was done? A No,I did not. Q How did you find out about it? A ::::z«;:. >f/ 22~Q 2a:;Az J:lIlo 0( ~ I found out from my dad when he was in the hospitaL He asked ml= to go through his personal files.He got a receipt for $1600.00 he had sent her and he wanted me to mention that in the letter he had me write to her. You did mention it? Yes;I don't know whether I mentioned $1600.00 specifically or not but I did mention the fact that there was morey there to take ".) ..:u ll:l-ll)a .J« ~o ::l., :t..i'N ui ll:1&1l-ll:oQ. III ll: l-ll: ::loU .J« ui&:lo.o Q A Q A Q care of her. Was this what your dad told you was the purpose of this $1600.00 Yes. Now the rest of thes e are receipts for $30.00,s paced a month apart;all payable as it shows on them,to Mrs.Tallarico.Did you know about thes e at the time they were made? The last two I think I made on behalf of my dad,while he was in the hos pital. And did you know about the previous onles~at the time or did you first learn about thes e when he was in the hospital? A I knew about the $30.00 payment per month. Q And what was your understanding as the reason this payment was being made? A Something like alimony or separation payments is what I under- stood it to be. Q Okay.Now you say the last two you made? A Yes. Q Why was that? A Because my dad was in the hospital and he couldn't take care of i . Q Did he give you the money? A Well.when he went to the hospital I collected the rents for him a ~d I used the money from the rents to do that. Q What was the date of his death? A August 31.1963. Q What is the date of the last of these receipts? A August 8"1963. Q Now this document which has been labled Exhibit "C".where did that come from? A My dad's personal files. Q And that is an agreement.is it not.between your father and Maria Mauro Tallarico? A Yes.it is. Q Will you look on the second page there and tell me this first signature here which purports to be the signature of Frank Tal- larico.Can you tell :me whether that is his signature? A That is his signature. Q This agreement provides.does it not.for payments of $30.00 a month? 50 A Yes"it does. Q Does it say anything about the $1600.00? A No"it does not. Q You may cross examine. 51 MR.TERPUTAC:If Your Honor please"we move to strike out all the testimony of this witness relative to the portions of Exhibit "B""eleven parts"regarding the purposes of these payments as well as the testimony regarding Exhibit "C";being not within the knowledge of the witness.For further reason that what information he did secure was from the decedent alone. THE COURT:As far as regard to Exhibit "C""the only thing he's testified to is his father's signature and he ought to know that. MR.TERPUTAC: THE COURT: He also testified what the thing says. He testified it is an agreement and an agreement speaks for itself"the terms of the agreement.They only mentioned one of the provisions of the agreement just in passing"which was correctly cited.I see nothing wrong with tha . The agreement s peaks for itself.It undoubtedly will be placed in evidence in its entirety.Certainly there is nothing wrong with hi testimony with regard to Exhibit "c"and that is refused.Now what were the other obj ections ? MR.TERPUTAC:Objection on Exhibit "B"regarding the fact that his father had told him about these things and what they were for.We feel that is objectionable. MR.PATRONO:If the Court pleasel in that connection I'd like to mention that on cross examination Mr.Terputac asked the previous witness if anybody had madel had written a letter. And she said yesl he had.And in view of that subject;..which was opened up in the.cross examinationl we feel that the subject matter of the letter has to be explained and the testimony was therefore o.ffered. 52 THE COURT:Welll the Court---we don't have a motion as yet·to admit in evidence any of thes e exhibits.And we will reserve our ruling on the striking of the testimony which is rerquested nowI until a later time. MR.PATRONO:If it please the Courtl maybe to just get this matter settled I will offer them in evidence now.That is "All liB"d "c".I an • THE COURT:I think we ought to conclude our cross .) .exa,mination before they are offered in evidence., CR'OSS EXAMINATION BY MR.TERPUTAC: Q Mr.Tallaricol there were two plane reservations made before you and your wife got in on the discussions about the trip to ItalYI isn't that right? A Before we got in on the discussions about the trip to Italy? ---------~-------------------------------,-~--., 53 Q Yes. A Now you mean in the presence of my dad and his wife both?Is that what you mean? Q Welll there were two reservations made and cancelledl is that right? A Yes.We were in on both of thosel my wife and 1. Q And Maria on both occasions decided not to gOI is that right? A That's right. Q You knew about her health conditionl did you notl Mr.Tallarico? A YouIre talking about the hospital? Q The hospitalizations and soforth. A Yes. Q Did you go to see.her on both occasions in the hospital? A Yesl I did. Q You do not recall,howeverl discussing with her the matter of he health in relation to going to ItalYI is that right? A No.It was never discussed with me. Q Were you familiar with the fact that your father,after his trip to Italy in 19601 and before the second tripl was writing to Maria? A Yes. Q And asked to marry her,is that right? A Yes. Q And then your brother and father went to Italy and both of them got married over there,is that so? A Yes. Q And I take it that during the first five months of the marriage her in the United States your father and Maria got along pretty well ? A Well,.I don't know whether five months;I'd say about the first three months. Q Until her hospitalization would you say? A Yes. Q Then you say some trouble developed when you noticed the padloc ~ on the bedroom door,is that right? A Now I'm not so sure.I don't know.I think that padlock appearec about then.I'm not just quite sure when that padlock went up. Q You don't know who put the padlock there,do you? A No. Q You don't know if both of them agreed to put the padlock there, do you? A No,I don't. Q When the call was made from the airport after Maria had come back to the United States and after your father had unfortunately passed away,was the call made to your house? A Yes.The call was made to several places. Q And you refused to go get Maria..is that right? A I did. Q Do you have any idea where she got the money to pay for the plan fare back ito the United States? 54 A Well,.she had $1600.00 deposited in Italy.She might have used /. that money.I don't know where she got it but I assumed she used that money. Did you say you took care of the last $30.00 payments for your father? Th!2 last two or three,yes;the time he was in the hospital. Were you familiar with the fact that at about the time of your father's illness he was writing to Maria,asking her to come back. No,I was not. Were you familiar with her letters to him that she intended to co e back? Yes. And you had somebody write to her telling her not to come back, isn't that so? That's right. And you say you did that at the request of your father? Not that at the request of my father.I did that to prevent whatf s happening here right now. Your father did not ask you to do that? No. You were unhappy with this marriage in the first place,weren't you,Mr.Tallarico? A I wouldn't say that. Q You were very unhappy during the progress,of the marriage, 55 56 weren't you? A I was not. Q During the first three or five months of the marriage,Mr.Tal- • :;:-<:>.J>g.;;- 2 IIIIII 2 Cl-I:Z 1:fIl <I:3: A Q A Q larico"how often did you go to the household of your father? Whenever I could;whenever it was convenient for me. Well,how many times a month would you say that would be? Three,four,five times a month.I drove by there quite often though.I'd make occasional stops. And you have testified that at no time in your presence did you hetir any arguments between the two,is that right? ..=o~A I-UI o ..I Q<o o :J., :t..r-III That's right. Is it true that Maria has not lived in the house that she had been living in before,that she has not been living in there since her return -from Italy? uia:IIII-a:oQ. IIIa: I-a: :Joo .J<o lLlLo A Q A Q A That's right. Are your brother and his wife still living in the second floor? They moved out before my dad passed away. Were you present at the time this agreement,Exhibit "e",was executed between your father and Maria? No,I wasn't. Q Mr.Patrono asked you if you were appointed executor in your father's will and you said you were,is that right? MR.PATRONO:This is objected to.I did not ask him that; I asked him if he was named executor. L --'L ~==,..".......-_--....,~-~~ --~rr-------------------------------------r-------, 57 he was appointed or named in the will.I see no difference betwel n• THE COURT: appointed? MR.PATRONO: THE COURT: Is there a difference between named and Yes.He was not appointed.He renounced He didn't say he took it;he said whether MR.PATRONO: <.-:>...>iii;;: Ziii11 2' Cl-e2 J:Q11 <I3: appointed and named in the will• I beg your pardon.I thought appointment as being an act by the Register of Wills. As a matter of fact.you did not serve as executor.is'that right? A No. II 'e l-t.: It I-UIa... <C o a :J... r..l"-N iii[[ 1&1 I-[[o0.1&1a: I-[[ :Joo J <1: Uii:lI.o Q A Q A Q A Q The Register of Wills did not appoint you;you renounced and somebody else was appointed.is that so? Yes. When did you say you first learned about this $1600.00.Mr. Tallarico? When my dad was in the hospital. And he told you.is that right? Yes. That's all I have. THE COURT: clear the matter up. There is a question the Court wishes to asl to ----------~~----------------------------------~---..., 58 EXAMINATION BY THE COURT: Q Mr.Tallarico1 I thought I understood you to say in direct exami- nation that your fatherl when he was in the hospitall asked you to get this receipt for $1600.00 and then I thought you testifiedi that the first time you saw this receipt was after his death when you were looking through his papers.Now what happened in that interim?I want to clear that up.Did you go to search for the receipt or did you show it to him?Just what did happen there? A No.He was trying to get me to write this letter.He pointed out he had sent her $1600.00.The receipt was in his personal files. Q I'm sorrYI but I understood you to say on direct examination--- I may be mistaken---that your father requested that you get that receipt and bring it to him. A No.He just wanted me to see it. Q I see.Did you see it then? A Yesl I did. Q Prior to his death? A Yes.Now the other receiptsl some of the other receipts I got after his death. Q Were there any other questions of counsel? MR.PATRONO: THE COURT: I don't believe so. You're excused,sir. (Witness excused). \\-------U---~-------------------------------I__---~\ 59 MR.PATRONO:If it please the Court.I will at this time offer in evidence then these exhibits which were identified by Mr. is there any objection on the admission in evidence of Exhibit "c'•• Tallarico. THE COURT:Let's take Exhibit "c"first.Mr.Terputa • the alleged agreement between the parties? admitted in evidence and made part of the record.Now what is next? order? No.sir. No.Your Honor. Does the Court want to take them in reverste No objection? The Exhibit marked "C".the Agreement.i~THE COURT: MR.TERPUTAG:. t-=u 0: I-IIIo oJ« uo~MR.PATRONO: :t0-r-N 00( z 00(>oJ~MR.TERPUTAC: z111Q, z THE COURT: ol-e>z I:III 00( il: to Italy to Mrs.Tallarico;one of which is $1600.00. THE COURT: MR.PATRONO: Does that include the $1600.00 receipt? Which is "B"? The eleven receipts for money to be sent "B"is next. ui 0:Id~THE COURT:o0- ld 0: I-0::JoU oJ« u l1.l1.o What was the objection on that.Mr.Terputac? MR..TERPUTAC:II We object the admissibility of Exhibit "B" in all of its parts;that no proper foundation has been laid and it is irrelevant to this particular proceeding;and that I renew my motion to strike the testimony of the witness from the record 60 1========4J==================--=-::=======:1====1 THE COURT:WellJ the same ruling;,would apply to the admission of this exhibit in evidence as would apply to your moti<n to strike the testimony of the witness with respect to this exhibit. And the Court is going to permit the introduction of this exhibit to withdraw as counsel for the estate?I believe that has been the part of these proponents of forfeiture.And I believe the made part of the record. the dates of the admission to the hospital. No objectionJ Your Honor. The exhibit is admitted in evidence and The whatever you call it,rest.The childrlen If the Court pleaseJ this has been a contest on burden of proof is upon them.And I would ask the Court,has the request by petit ion of Mr.Patrono been signed to allow him , in evidence and refuse to strike the testimony proforma.And we 'II th f'1 I'b th Now Exhl'bl't r'A".WI reserve e ma ru mg on 0 • as far as hospitalization is ooncerned,were met;and secondly, MR.TERPUTAC: MR.PATRONO:Exhibit "A"is a group of hospital receipts introduced or offered to show oneJ that the needs of Mrs.Tallaribo MR.PATRONO: rest. THE COURT: MR.TERPUTAC: e :!.. 0(:-.J;-I'l....jj L... 0to"..... f'l 0( ~ .:.J II::t-IIIae.J -( 'J ::l:>, :,.. ,fi 0::II-I:JLIII: "I: :l.J 'J .I ( ~:!~'"J e doneJ is that right? THE COURT:The Court has already executed that order and he is not now counsel for the accountant,but for the heirs. MR.PATRONO:Children and devis e es,actually. THE COURT: MR.TERPUTAC: at this time? MR.PATRONO: THE COURT: At least not for the accountant. Is the es.tate being represented by counsel The accountant is here. The accountant is here.But it would appear 61 that the accountant does not have counsel,is that correct,Mrs • .Bellotti?Or what is the name?Mrs.Bellotti is the adminis" tratrix C.T.Pl..in this case.Are you represented by counsel at this time? MRS.BELLOTTI: a letter. THE COURT: MRS.BELLOTTI: Not here today.He was to have written yOl You say he was to write you a letter? He told me he would write a letter and exphin why he was not here today. THE COURT: to as "he"? MRS.BELLOTTI: THE COURT: letter? MRS.BELLOTTI: And may we ask whom you are referring Is it an attorney? Yes,Robert Ceisler. Robert Ceisler was to have written you a No,he was to write whoever was to know that ,he wasn't going to be here today. MR.TERPUTAC: I MR.PATRONO: I have nO knowledge of it,Your Honor. I don't know about the letter,but I know thet Mr.Ceisler was confined to his home yesterday for reasons of illness.He told me that he had some gum infection which apparently was giving him some trouble.He had not been in his office for three or four days. 62 THE COURT:We will simply state for the record that Mr. Ceislerl whether he intends to be engaged or not by the accountar~1 is not in Court today.Now with that knowledgel Mr.Terputacl will you proceed on whatever motion you were going to make? MR.TERPUTAC:Your Honorl I don't believe that the childre n as such have a proper jurisdictional interest in this proceeding and I object to it on that grounds;and I make a motion that in the event Your Honor believes that the testimony on forfeiture has been legally insufficientl I move that since the burden of proof of the proponents has not been sustainedl that their case be dismissed. THE COURT:The motion of counsel is overruled.And the matter of counsel for the accountant will be discussed with other counsel in the case before we proceed with the case this afternoon.We are going to recess for lunch now and we will determine at that time whether we should c.ontinue;but up to '£'-.£J( this moment the Court ~no information from anyone that the accountant had counsellor that the accountant desired to havE counsel in this case.And therefore I think that we have properly proceeded up to this point.The other issues we will discuss before we 0'0 into thp.remainder of the hearing which wP.will 63 I---------tl-----------------------------..-."---------~-_+_-__I -..v-recess hv-1"_:QV'until 1:30 this afternoon. *****RECESS***** •Wednesday,.June 24..1964.at 1:30 P.M.•E.D.S.T ••the hearing continued. THE COURT: entered? MR •.CEISLER: Mr.Ceisler•.do you wish your appearance Yes.sir;I wish to enter my appearance on • behalf of the Administratrix C.T.A.of the estate of Frank. Tallarico.deceased.And I have prepared an appearance blank.. It is not my intention to stay since I don't think.the estate at this point is involved in this matter,but I did want to apprise the Court of my appearance. THE COURT:The appearance is ordered filed. (At the direction of the Court.off-the-record discussion was not recorded by the stenographer). THE COURT: MR.TERPUTAC: Mr.Terputac? If the Court please.we will open our side of the case.I asked Mr.Anthony Note to "act as interpreter for Mrs. Maria Tallarico and I assume that will be all right with the Court and with Mr.Patrono? MR.PATRONO: THE COURT: It's all right withme. Mr.Note has frequently acted as interpreter in our Courts and we believe that that is proper at this time. • ---------------------------------------.-----I 64. MARIA TALLARICO IS CALLED AND SWORN. (The interpreter.Mr.Anthony Note.puts the question to the witness in Italian.the witness answers in Italian and then the interpreter gives the J answer in English in the exact words of the witness.) 1 please? ~~THE COURT:>oJ,.. o~ iiA. Mr.Note.will you be sworn as interpreter c MR.ANTHONY NOTE IS DULY SWORN. 10-e ~~ e DIRECT ~EXAMINATION OF MARIA TALLARICC)BY MR.TERPUTAC: • p: ~Q 'F-e Q oJ A < o g Q ." ~'hat is your name? Maria Tallarico. How old are you? ~~A 60. tiI:~Q V\'here were you born? I:oC.~A Savelli.Province of Catanzaro.Italy. l-I: :Jg Q What was the name of your first husband? .I0; ~A Lela Geremino. L.o Q A Did he die? Yes. Q When? A 1948. Q The next time you remarried did you marry Frank Tallarico? A Yes. 65 Q Where did you live at the time you married Frank Tallarico? A He came to Savelli"Italy. A 1960• Q Do you recall the date that you married Frank Tallarico? •Q Ask her if it was November 5"1960? When did you first meet Frank Tallarico? Where do you live at the present time? I stay in Montclair"West Virginia. ~A Yes. :!: 0(>-I~Q :!:..;j..A.. I)..~Q :tr) ;A Frank came to Savelli"Italy to meet some of his relatives . • ..:~Q..oll ~A ~ J J:>.., :t When? He came the middle of May;four or five months before he married me. ;Q Did he go back to the United States after he met you the first timE? riI:~A Yes"he came to America. I::> L~Q And then did he come back to Italy to marry you?-I::>3 A He came back the 10th of October to marry me. ..1 ~ ~Q When he went back to the United States the first time did he write L:> letters to you? A Yes"he wrote letters. Q What did he write about in the letters? MR.PATRONO:\Just a minute.This is objected to on two grounds.One"it is hearsay;the other that the letters would be the best evidence. II 1 66 THE COURT:It is true that the letters are the best evidence and unless the absence is explained we will have to sustain the objection. Q•A ~Q~ 0(,. .J l) ZZ012. Z ::l-~z :x::IIot~ Where are these letters? I do not have the letters now;I left them at Savelli. I might also add by way of explanationl Your Honorl theoretically anything that Frank Tallarico told her is hearsay since he has passed away but this matter involves forfeiture.The burden of proof of the forfeiture is on Mr.Patrono and the estate reallYI rather than the children.And she is a competent witness to these letters are extant. the issue that we are talking about right now is whether or not testify on all matters relating to her right to receive the allow- are pertinent to the issue and which are properly presented.NOli Are extant.Are they in existance?WherE She is competent as to all matters which here? are they?Can we reach them?Whos e fault is it that they are nc t ance. THE COURT: Q Are what? THE COURT: t-=tJ~...lI! 10•..J<U 0 :l., ;:r- ~ ene:101l-e: 0Q. ll!e: l-e: :l0II -l<uIi:...0 • Q I would also remind the Court that Mr.Patrono's side of the caSE I these letters were brought out and no objection was made and that questions were asked relative to the letters being sent back and forth. 67 THE COURT:The Court recalls all the testimony.At least we are supposed to. Q All right,Your Honor.Now when did you last see the letters tha Frank had written to you? to her before he married her? will be permitted to answer the question. allow the testimony relative to these letters. A The letters I think my children destroy them over there. Objection is overruled.Will you ask her The objection is overruled.The witness The exception is noted. Will the Court note that exception? Just a moment.I also want to enter an the question again? additional objection to the effect that it is not relevant. (Mr.Note,the interpreter repeats the question to the witness). MR.PATRONO: MR.PATRONO: A The last time I saw them was after we got married. THE COURT: THE COURT: THE COURT: Q Your Honor,at this time we request Your Honorable Court to Q What did Mr.Frank Tallarico say in these letters which he wrot Q As far as you know are the letters s till in Savelli,Italy? • I( z I( >.J.. J! Z Z.Il:1. i:)I-~Z :tIII-<:= ..=0itI-UI C•..J0( U C ;).., ~i-N viIl: IIIl-ll: 0Il.. !lJX... :I::l0 U .J0( U i;: lL 0 • A He wrote and told me he wanted to marry me and was going to bring me back with him. Q Did you write back and accept? A I wrote to him one time if ou want me in the letter to send for 68 Q Is it true that when Maria and Frank got married in Italy that Frank..Junior also married a wife in Italy? • A Q Yes..he got married before we did. How long did you and Frank Tallarico live together in Italy before he left for the United States? • ~~:r Q l-UI i5 ..J A<o ~Q :tl-I'N Six months. Did he actually stay in Italy for six months after they married? He stayed only one month. Why did you not return with him to the United States after one mop.th? I had too many things over there and I couldn't leave with him. Who paid for the trip to the United States? My husband. When she arrived in the United States,how did she get to Washin ton, Pennsylvania? THE COURT: My husband came to Pittsburgh to get me. how did you get to Washington,Pennsylvania? in the first person as though you are directing them directly to Mr.Terputic,it is best to ask the questior s The interpreter will make the interpretation. You're right,Your Honor.When you got to the United States, the witness. A !IiII I&l l-IIoII.I&la: l-II :JoU ..Iot u ii:Q...o • Q Where did you go to live in Washington,Pennsylvania? A I came to the house of my husband. Q Do you remem ber what street that was on? A I don't remenb er the exact name. Q Before you married your husband in Italy~what did he say about what he had or owned in the United States? 69 He told me he had ten houses and had $380.00 coming in;$380.00• MR.PATRONO: THE COURT: A This is objected to. Objection is overruled. (a month.z(>.~Q After you started living with him,in Washington~Pennsylvania~ zz~what kind of an apartment or house did you live in? z:>~A There was two stories and the cellar;downstairs the daughter- ::z:III~in-law stayed.There's two stories and a basement and downstai s • • ..:~'ir :)-'1/1a ..J 0( U C::>., :I..r-QIII iiilI:IIIl-ll: 011.III Aa: l-ll:::>0 Qu .J0( u AIi:II.0 Q A Q -A Q the daught er-in-law stayed there. (At the di--rection of the Court~off-the-record discussion between counsel and the Court was not recorded by the s tenographer). What happened after the daughter-in-law and her husband moved upstairs? "l~ I lived downstairs. How many rooms and soforth did she and her husband have? Three rooms and a kitchen. How many rooms were upstairs where her daughter-in-law lived '; Three rooms. When did you arrive in the United States? I came in May~1961. When you arrived in Washington~Pennsylvania to live with Frank ,' Tallarico~was the downstairs apartment already furnished? • A Yes"there was furniture. Q Was Fratlli.Tallarico living there before you married him? A Yes. Q With regard to the people who lived upstairs.how did they get up· stairs?Or where did they have to go to go up and down in their 70 Q What year? • • -<>~Aa..;;: 101 Co Q ;;:ol-IIZ xIII<:::A ..: ~Q..II C L C A (f II:~AII: C0..~Q I-0:: :J 3 A -I<: uii:Q....o A apartment? There was a stairway inside the house. Did this stairway go directly through the apartment that you and Frank lived in? Yes. Who did the house work in your apartment after you and Frank began living together in Washington.Pennsylvania? Before I got sick I did all the work. When did you get sick? After five months that I came to the United States I got sick. What kind of sickness or trouble did you have? I had trouble with my stomach and I had a liver operation. Do you remember when you went into the hospital on the first tim p? In the month of September. A '61. Q Did your husband come to see you almost everyday that you were in the .hospital the first time? A Yes"everyday.Sometimes two times. 71 I Q After you got out of the hospital the first time,did you have to I stay in bed at homer? A Yes. Q Approximately how long did you have to stay in bed at home? e , A Two weeks but sometimes I'd get up and walk around a little bit. I 0(Q How long was it until you went back into the hospital on the seconez0( ~ >-time?u:z ZIII0..A In the month of February.z0I-0'Q Is that in 1962?z 1:III0(A Yes.~ .:0 Q Why did you go into the hospital the second time?II:I-III Ce..J A I had trouble with my stomach. 0( 0.c Q After you got out of the hospital the first time,were you able to::l., J:I-"do any of the housework ?N lfia:III A I washed some dishes and cooked and washing Clothes,but myl-ll:0Q. III husband did not want me to do that.a: l-ll: ::l 0 Q Did anybody help you to do any of these chores or work betweenu .J« 0 the first and second times you·were hospitalized?ii:II. 0 A The daughter of my husband came to help me.e Q What was her name? A Maria. Q What kind of work did she do? A Once a week she'd help me clean the hous e and help to wash cloth"s. Q Did you and Mary Tallarico have some trouble or difficulty after she did some of the work for you? A No.The father would give her some money but she didn't pay anJ attention to that. Q Did Mary Tallarico help you after you came out of the hospital the second time? 72 < ::A >..II>-QQ... iic. ;;:A 0I- 0;;:QJ: III<~ ..:() II:AI-UICi .J Qc: l' ":>A.., j:" 1'""l"l 0"Q 0..I-0 C0II:It I-A!! Cl.Q 4 t: lI..AlI.. C e Q A Yes. Did any other persons help you with the housework after this time? Just Maria. During the whole time that you and "Frank were living together)in Washington,Pennsylvania,who lived in the upstairs apartment? Josephine. Did J osephine help you with any of your work? No . When you and Frank first started living together,who was receimng the rentals for the other hous es ? My husband received the rent. As far as you.know did he collect the rents for all the houses? Yes,he was the patron and he collected the rents. What did Frank do with the rentals after he received them? He'd repair the houses whether they would need adjustments,and soforth. Q Did he turn the rental money over to you after he got it? A Yes,he'd give it to me. 73 Q Did that situation last during the whole time you lived with him? A For a long long time. Q What did Frank tell you about these houses':'-- MR.PATRONO:Objectioned to. Q Just wait until I ask the question.What did Frank tell you about tQ.e~houses when he was collecting the rents? sought to establish a fact by an admission.which is not the Secondly because it is irrelevant.And thirdly because it is :! :!.:0(>..J~MR.PATRONa::: Lit. oI-o. This is obj e cted to first becaus e it is hears ay. CI0::~admission of those who claimed to own the houses. at this time.is that correct? is that under the present rules you don't need to take an exception May it please the Court.my understanding Objection is overruled.Exception noted. MR.PATRONO: -=r·Q ~u c:THE COURT:I-y ii .J0:: Ua :J... specifically so states but when counsel asks for exceptions and fi [[ Lftr THE COURT:cII 10 II l-II That's correct.The Supreme Court Rul Cl... l.ii:II'C asks for a ruling on it we make a ruling on it so we don't appear to be ignoring their request.But it is a fact that the Supreme Court Rule provides that every ruling made by the Court is automatically excepted to. (At the direction of the Court.offtthe-record discussion between counsel and the Court is not recorded by the stenographer). THE COURT:Now will you read the question.Mrs.Hamr~ond. so that the interpreter may ask it? ------------,..---------------------------------------,,------ 74 REPORTER:"What did Frank tell you about the houses v.hen he was collecting the rents?" A They were his houses;he was collecting the rents and making all the adjustments. Q ~A.<:>...Q>\I;;:;;: III AGo ;;: (....~Qz :I:IIc A3: ..: !:QItl-V c :i t: C A= :r tor-QN UIa: 1&1 AI-a:0ll..1&1 II: t-It"=>0 Qu .J« u ii:... 0 A Who paid the real estate taxes on these houses? My husband. Who made arrangements to have repairs made to the houses? He made all adjustments,my husband. Who paid for the repairs to these houses after they were made? My husband. From where did your hus band get the money to pay the real estate taxes and repairs? From the rent. Did you give the money to him when he requested it? If he wanted money,$100.00,$150.00,to make adjustments on the houses or anything,Ifd give it to him. Some of the witnesses this morning testified that there was a padlock on one of the bedroom doors.Will you please tell us about that? That's not true.The only time we used the lock was when we wer t to visit someone. Q Who had the lock put on that door? A My husband put it on. Q Did any of your husband's children ask for or borrow money frorr A Q A Q ~A.. 0(;. ~Qn....ti II, ~.J 01:l-ll) a A~« 'J~Q, :t riI:II-I:) L ~A-I::>.) 'J .I :( him? Sometimes they would ask for $20.00,$40.00. Who would ask for this money? Serafino,Lena;Serafino and daughter Lena. Did your husband give this money to these people? Oh,yes. After you came out of the hospital the second time,how was your health? I had to go to the doctor's and I had to take medicine. Before you went to Italy,there were two plane reservations that had been made before that,were there not? One to go and one to return. I don't think she understands.Were you not supposed to go to Italy by plane on two occasions before you actually went and weren't those reservations cancelled? I didn't want to go back at times because I didn't want to leave my husband;and it was going to cost too much money. 75 '~Q Is that why the first two reservations were cancelled? L) A That's the reason my husband wanted me to go back to Italy, because I wasn't feeling good here and he told me to go back because your daughter is over there. Q When you went to Italy what did you take with you? A I brought my personal things in my suitcase. Q Did you leave any things,clothes and soforth at the house in ----.------------------------------------.----- 76 Washington,Pennsylvania when you left? Q Did you use any of the $1600.00 to buy a plane ticket back to the ----- 77 " United States in September of 1963? A Yes.Some of the money was used for the trip back to Pittsburgh Q Did your husband also send you $30.00 a month for your living expenses while you were in Italy?e A Yes.once a month,$30.00. :!Q Why did you go to Italy?..I :c;..J A -Well.I was too sick and that's the reason I went back.;-a;:..u Did anyone tell you that you should go back to)Italy for awhile?L Q.. 0I-0 A My husband insisted on it... D~Q When you went back to Italy.did your husband write to you?~ .:co A Yes.c:I-0 CIe.J Q How often?0( C) D A Twice a month.:J., i:Q Did you write back to him?It ci~u A Yes.a couple times a mbnth.l-e: 0c..u Q While you were in Italy,did you get a letter written by or one: l-e: :J 0 behalf of Serafino?u ~.; u A Yes.I got a letter from Serafino not to return back to the Unitedi:l- 0 e States. Q Did you want to com-e-back to the United States? IAYes.I answered that I wanted to come back. I Q Did your husband write to you during this time and ask you about I coming back to the United States? A Yes.My husband wanted me to return. .MR.PATRONO:This is objected to for the reasons mention~d 78 with respect to the other letters.One which is the fact that the letter itself is the best evidence. THE COURT:The objection is overruled. Q ~A~0(>oJ5 Q..ai....A !:.) t-oo!:Q I:III '":;: -J t:A ,n :l ~Q J :l~A :I:....... :'4 Q Iil:.II-l: :) l..II l:A-l: :l :) .J .J 0( :Q...:) A Is the answer on the record,Mr.Note? Yes,he wanted me to return. In your letters to him.did you tell him you intended to return? Yes,I did,all the letters. Do you remember when it was that you left for Italy?When did she go to Italy?That's the question. The fourth of November.1962,.I left from Pittsburgh. Did your husband accompany you on any part of the trip? He accompanied me clean to New York. What if anything did your husband say before you boarded the plane for Italy? He told me not to worry about the spending of the money.as long as I get along all right• When you got to Italy.with whom did you live? With my daughter. Q What is her name? A Lella Angelina. MR.PATRONO:What was the name of her first husband? A First husband's name was Lella Geremino. THE COURT:That's the surname.The familv namp I!=:Ll:>ll::a ,.-....; A .I came and lived with some friends here;and then she goes into now she's in West Virginia. 79 Q ~ i!: 0(.. .J j)AzZIIII. i Q:>-~z AI:;/) 0( ~Q~U II:AI-IIIi5 .J0( U 0::>...,QI:..l'oN -IIi ll:1&I l-ll:0Q. 1&I ll: I-All: :J0u Q..J<0ii:AII.0 Q A Q A Q Did you make any attempt to get in touch with your husband's children after you got back to the United States? lcalled on the telephone but they did not want to talk to me. Did you go see the Italian Consul in Pittsburgh? YesJ I went to the Italian Consul. vVhen did you first learn that your husband had died? When I a:.~·riv.:.~at the P~ttsburgh Consul at the officel the Consul ' told me my hiasband died. Mrs.Tallarico1 I show you what has been marked as Exhibit "c" which purports to be an agreement between Frank Tallarico and Mauro Maria Tallarico1 and ask you if that iis your signature? This is my signature. Do you remember where you signed this agreement? Pittsburgh. In whose office? At the office where he paid for my tripl Italian Notary Public. Did you sign this paper in the office of the Italian Consul? No"at the office where my husband paid for my trip. Was that at the airline agency where he bought the tickets for r - 80 , the airplane? A Yes. Q Did you sign any agreement that you recall in the office of the Italian Consul?I e A No. ~Q Can you read English?:!:0(>.J;-fl A No,I do not.......LiL...Q Did you talk to your husband about this agreement before you 0t-"...signed it? ~I~A .Be told me that the papers to sign,he was going to pay her $30.0D I I .,:IIJ II:a month and pay for her trip back to Italy.t-I) &)e .J Q Did you talk with him before signing the agreement about how mu(h:( .J .:i:>he should send you every month while you were in Italy?., :t-~... A Yes,he told me..rja:ol-Q What was this $30.00 a month supposed to be for?I:) LIII:-A To pay for my eats and what I needed it for.I::>.) 'J Q How long did you intend to stay in Italy?.J :( oj L A From one month to one year.L ) e Q vVhen did you first see this agreement which has been marked Exhibit IIC"? A The first time I saw it was at Pittsburgh. Q Did your husband have the agreement with him? I A He kept one and he gave me the other one. I ! ,. 81 , Q Did he have the agreements with him when he came to Pittsburgh at the airline agency with you? A They were made there in Pittsburgh at the airplane agency. Q Was this agreement read to you?e _A.It was explained to me it was going to be $30.00 a month and the ~trip back to Italy....:( I >-I I :-THE COURT:Mr.Terputac,the Court will appreciatefl......i:iL it if you ask her whether or not she reads and writes Italian and... ()..e whether or not that agreement was read to her by a person who... ii0(:=understands Italian in the Italian language. t=0 I::Q Do you read and write Italian?..fleI) -I A Oh,yes.0( 0 I) :>Q Did any person who reads and writes Italian read in Italian this-. [ j:. OJ agreement to you? riI::IJ A No.My husband is the only one who told me these things...I::() LIJa::Q Did your husband ask you to sign your name on that agreement?..I:::>Cl A Yes.c -I0( C I-Q Besides you and your husband,were there any other persons I-0 e in the room when you signed this agreement? A There were two persons in there with my husband when he paid I for my trip there at the airport. Q Were these two persons in that room when you signed this agreen ent? A Yes,at the office there. ~ Q Was one of them a woman? I I 82 A There was a man and a woman. Q This agreement has been notarized on July 3,1962 by Gladys C. Marshall,Notary Public of Washington,Pennsylvania.Was this woman in the room when you signed this agreem ent ?e A There was a woman there. 0(Q Were you asked if the information in this agreement was true andz0(>oJ correct and were you asked to raise your right hand and say that>-III Z Z 1&1Go it was true?i0l-e>A I signed my name;that's all.z :IIII 0(Q Did you at any time in Washington,Pennsylvania or anywhere elsE,~ t-=u raise your right hand and swear that the information in this wasll:I-III CeoJ true and correct and that it was your signature?"0( u c A This thing hasn't been written in Washington.This was written::l.., J:I-.... N in Pittsburgh. '.iii,ll:,1&1 Q Did your husband sign this in Pittsburgh at the time you signed it?l-ll:0 I GoIII A Yes.ll: l-ll: ::l0 Q Is that your husband's signature?u I oJ 0( uii:A Yes,this is the signature of my husband.II.0 e Q Did you sign both copies of this agreement? A Yes,two. Q This agreement is also witnessed by a person named Paul P.POSe . Was this person in the room at the time you signed this agreemen ? A That would be one of the men that was there. Q Did any man come with you and your husband when you went from I 83 Washington to Pittsburgh to s£gn this paper? A No.The man was there. Q Were the two people who were in the room when this was signedl did they work at the airline agency? A Yesl I believe they worked there. not recorded by the stenographer. On October 26.1962 were you and your husband in Pittsburgh «Q Your Honorl may I ask your indulgence for a minute or two please? z«~THE COURT:Yes. IIIzZ~(At the direction of the Courtl off-the"record discussion was io~Clz :z:III~Q ..:u II:~III o A ..I« u g Q.., J:l-t-(II before the Italian Consul? Yes • Did you and your husband sign this agreement again on that day in the office of the Consul? It was he took me back to Pittsburgh.It wasn't responsive to the question.She said."He took me back to Pittsburgh again." MR.PATRONO:Was there an answer?I didn't hear it. I He took me back to Pittsburgh.I didn't get no answer there. rIi ffi A~II:o0-IIIII: ~II: ~Au .J c( ui:i:II.o THE COURT:Perhaps this witness doesn't know that you have two agreements here on two different dates.That should be explained to her I think.The one agreement that you have with the name of the Notary being a Washington Notary is dated July and the other agreement that you are referring to is dated in October. 84 MR.PATRONO:May I suggest to the Court that I don't think counsel should engage in leading questions.He could ask her if she signed more than one agreement at different times. THE COURT:That is correct. Q Did you sign more than one agreement with your husband? .,; ;).. ~A xI') ~:=Q No. I show you a copy of an agreement dated October 26,1962,and ask you if that is your signature? Yes,that is my signature. Where did you sign this agreement? ..:IJ~A Pittsburgh. IIIa ~MR.PATRONO:Excuse me please.May I have the date of that? , ..A October 26,1962 • the notary on that?Perhaps that will recall something to her Mr..Terputac,who are the witnesses and One of the witnesses on the second page of this agree-Yes,sir. mind. •r) I: ,Il THE COURT::1:.) 'LIl I: :-,I: ~ .) I) ..J -( .J::Q ") ment is Mary Scalzo.Do~you remember her? A No,I do not know her.There was a woman there in Pittsburgh. Q The other signature I just can't make out. THE COURT:Let's see that.Maybe its the same signatu e of the Notary.(Court examines said signature).No,it's different from the Notary. !I Q I think it is different. (At the direction of the Courtl off-the-record discussion between counsel and the Court was not recorded by the stenographer). Q (Continued by Mr.Terputac).Mrs.Tallarico1 we have been discussing two agreements;one dated July 31 1962 and one dated October 261 1962.And you say that your signature appears on both of theml is that right? A He made me sign two papers.I don't know whether he got them in Pittsburgh or Washington. MR.PATRONO:Just a moment.I don't believe the answer is responsive.Lthink your question wasl was that her signature on both papers?And I don't think she identified it as being her signature. {The interpreter repeats the question to Mrs.Tallarico in Italian. 85 THE COURT:Show her the one of July first and ask her. The one of JulYI 1962.Ask herl "Is that your signature on this agreement?"Is that "A"?(Reporter notes it is Exhibit "C"). A (The interpreter asks the above question of Mrs.Tallarico in Italian). Yesl that is my name. MR.PATRONO: A Yes. She said that to both of theml did she not? Q Did you sign the October 261 1962 agreement in Pittsburgh at the Affitigatto Agency? I I ------------------ 86 A The agency in Pittsburgh,yes. Q Who was in the room besides you and your husband when this was signed? A There was two men and one woman. Q Did anybody read this agreement to you in Italian? ~A :(.>..J~Q Nobody read it in Italian to me. Who told you what the agreement said? ...ti...A...;; I-~Q What my husband told me. Now the July 3,1962 agreement which you said you signed,do yOl remember where that was signed? ..: IJ.Aiii:I-., o ..J Q0( 'J Ll::J., I: I signed two papers but I do not remember. Do you remember this witness,Mr.Paul P.Posa,who signed the July 3,1962 agreement? Pittsburgh? they were written. The papers I signed were in Pittsburgh but I do not know where This is Paul P.Posa who is a lawyer in Washington,Pennsylvani • "...A No,I do not remember.Is this Paul Posa from Washington or ~ ICIIIit,).. !OJ ;r;Q t-IC ::J3 A ..J0( IJ k:...,) Q The other witness to the July agreement is Gladys C.Marshall, who is a Notary Public in Washington.Do you remember her? A Yes.There was a woman there but I did not know her name. Q There was a woman where? A At Pittsburgh. Q The October 26,1962 agreement,where did you get that from? A Q A Q-e A ~Q :!: 0(>-'A~ :!:..Ii.....;) I-Q., :!: :z:oil0(A:t ..;;Q.t·L~oil5 .J0( ) 5 A:l...:,Q... riI:AII-I:JLII I:-I: :lJ Q') .J:( /J L L J My husband presented this in Pittsburgh. Did you ever get a copy of the July 3,1962 agreement? My husband made the agreement;I do not know. This October 26,1962 agreement,is that the only one you ever g t? Yes"this is the only one I got when we went to Pittsburgh. Why did you sign the October 26,1962 agreement in Pittsburgh? I signed-because the money my husband was to give me and for the return money for my return to Italy• Did your husband say anything to you about a divorce or separatio[l? No"he never talked about any eli vorce or separation. During the time that you and your husband lived together,were you a good wife to him? Yes. What did you do in the house for him and on his behalf? I cleaned the house;I washed clothes;I cooked;when my health was good. Was there any bad feeling between you and your husband when you went by plane to Italy? 87 A No"there was no hard feeling. Q You may examine. rCROSSEXAMINATION BY MR.PATRONO: Q Mrs.Tallarico.didn't you hav\=quarrels with your husband frequently? A NOI I did not have arguments with my husband but I did not like the people upstairs coming up and down the stepsl coming througr the kitchen. 88 QeA 0( z<>.J Q ..>-IIIZ ZIIJ 0.. i 0l-I!}A'__z :t UI<~ .:\)Q0:I-UI 0 .J0( \) 0:::>.., .:[ l-I'Al'Il vi0: IIJ QI-0: 00..III AII: l-e::::> 0 \) .J0( \)Qii:l.I. 0 As a matter of factI didn't you stop them from coming through? I told my husband and my husband told her not to come through the kitchen and people that came to visit them also. Wasn't Josephine pregnant at the time and didn't she have to go down outside through the basement? Yesl she went up and down the stairs but also the people that visited her went through the kitchen and she did not like it. Welll didn't she stop it and wasn't Josephine pregnant and didn't Josephine have to go down through the basement on the outside of the building? NOI I did not stop her.There was a bathroom down the basement Didn't you and your husband quarrel about this? Yes.l one time but I did not like people going up and down the stair~ and the visitors also. Didn't you have a quarrel with your husband when you wanted therr upstairs to pay two thirds of the electricity instead of one-half? A No.1 he wasn't satisfied.I had an argument with him about that. But he came downstairs several timesl he had tears in his eyes and didn't like the idea. Q Didn't you have a quarrel over at Lena's house with your husband. about paying two bills?. A No,I did not have an argument about it. Q Did you go over there and have a discussion about it? A Yes,I went over and talked to Lena about not being satisfied about this and she didn't want to hurt the feelings of Josephine if she had to pay so much. ~Q ~:-..J:-n ~-i:i~A coII-~Q e~~A ~e c:l!-e c ~Q C) c;A oc:u~Qoc..uC:A~c: :lau .I<ui::Qlo.a Didn't you have a quarrel with your husband about him paying Mar for working there? No,I never did for Mary.For Josephine,yes. Mary stopped working;why? No,she didn't quit;but when I went to Italy she was still going to the house. Did you not have arguments with your husband about money? No"I did not argue with him over money.Sometimes held give them $5.00 to the daughter;it was his daughter. Didn't you quarrel about the loans he made to Serafino and Lena? No.I never got in any quarrel.He used to give Serafino and Len< money. Did you talk to your husband about it and object to it? No,I never got in any arguments about it. You admit you did get into arguments about Josephine though,do you not? A Yes. Q These arguments occurred very frequently.did they not? A Not all the time.no. 90 Q What did you mean then awhile back when you said you never had any arg)lments ? ,..J A ~Just for Josephine;always for Josephine. Q Isn't it true that before your marriage your husband wrote a letter:' and told you that t~e property belonged to the children and didn't :!..:c>..I:-n....i:i L.A ot-o.. ..:~Aso:::'t-I) £I ..J, ot: oo,:J Q., t-.. ri so:::~AII: II)a..~Q l!-e:: ::JgA .I<-~Ql- i) A you write a'letter saying that that was all right,you were interest d only in the pension?, No.He said that he 'was the owner of the houses;when she came to the United States,that she was to be the patron with him. Did you go to s.ee-any lawyers while you were living with him here., When I went to Pittsburgh the first time I don't know if he was an attorney in there• Didn't you go to see Mr.Posa when you were here living with you husband? No.'This Att orney Posa came from Pittsburgh to Washington. Did you not go to see Attorney Posa in his office in Washington? NOJ he did not bring me.He may have went himself. Did you ever come to my office? YesJ he took me to your office one time;he was going to build a house for her alone. Q Wasn't the purpose of the visit to see if something could be done so that her name could be put on the house she was living in? A NOJ it was to build a house for me. Q AndGlidri't:you know at that time that you didn't have any house and A ---------------------------------------,------, 91 your husband didn't have any house you owned? NoI I did not_know any.thing. Q Dicl,you have a quarrel with your husband when Mr.Paletta was there? e A 0(Qz0(>..I>-III Z ZkIlL i.0~A -~z -:t rIII0( ~ .:0 QII: ~III - 0e..I0(-00 A:l-, J:I- ""Q('II ,. rtiII: III ~0:0Q. III Aa: ~a: :l 0U ..I 0( 0 Qii:u. 0 Ae ,Q A Q A N01 that's a big .lie. Did you discuss in Mr.Paletta's presence the terms of the agree- ment by which you were going to go back to Italy and particularly the amount that Mr.Tallarico was to pay you? No.Mr.Paletta talked to my husband about borrowing some morey from him to send me back to Italy.He didn't have any at the time. And your husband did borrow money from Mr.Paletta to send you back to Italy? Yesl my husband told me he borrowed the money from Mr.Paletta.. Now I aql not quite sure--..do you say that you did not discuss this agreement for $30.00 a month in Mr.Paletta's presence? No.My husband and I talked about the $30.00 a month.Nobody else was present. Did you want your husband to borrow money from Mr.Paletta? Yes.My hU,sband told me he was going to borrow the money from Mr.Paletta. The question is did you want him to? N01 I did not want him to borrow money. Why did you accept it? I was sick and he said he couldn't send me back to Italy without 92 I money. Q Now when you were sick did your husband not see to it that you were taken care of in the hospital? A Yes,he took care of me. Q Didn't your husband provide you with :he services of a doctor wher ever are better than they are in Italy? to Italy.She liked it here bet ter. As a matter of fact,don't you agree that the medical services her ~ relevancy of that and I don't see how she can answer that question. All right. Objected to,Your Honor.I don't see the She can give us her opinion.The objection is overruled• TERPUTAC: iii II: III ~II:oII.III~THE COURT: II::>ou .J« u ~MR.TERPUTAC:o «z you needed it?«>.J~A Oh,yes,everything. zIII~Q What reason did you have for thinking your health would be any o~Clz better in Italy than it was here? :J: VI«~A No,it was my husband's idea.He said it would be better to go ba k ..:u II:~VI Ci ~Q u o:>.., :t..r- III MR. A Yes,they are better here than in the Old Country. Q You didn't have any complaint,did you,about the medical service) that were provided to you here? A Yes"but the medicines here didn't do me much good. Q Did you have any complaints about the treatments you were getting? 93 A The'>medicines here were better than the medicines she got in Ron:e, Italy. Q So the reason you went back is simply because your husband wanteU you to? A 0( z0(>gQ zzIII0.. ioI-~A J: UI0( ~ ..:~Q I-UI~A« ugQ., J:.. r-IIN...'"1 rtill: IIIl-ll:o0.~Q l-ll: :JoU .J« ~A lI.o Q A Q A Q Yes"he wanted me to go back because maybe the water,the food and the water was better over there,or the air. Did you consult any doctor as to whether or not it would be better for you in Italy? My husband talked to the doctor.I did not understand;I didn't know what he was talking to them about. Then I understand you personally did not talk to any doctor? They didn't understand me when I did. Did you or didn't you? Yes"I talked to them but they didn't understand me;then my husband explained to me. And did your husband say that the doctor said it would better to go 0 Italy? Yes.The doctor told him maybe it would be better,the change of air and climate might do her good. Who was the doctor? Dr.Sposato. Any other doctor? One that operated on me,but I didn't talk to him,Bryant. Do I understand that you are saying that Dr.Bryant operated on you but your husband did not talk to him about returning to Italy? A He might have talked to him about it because he talked to him in American and I didn't understand him. 94. Q ~u ~Q VI o ~A u o ::l., x.."N Q ui0::IIII-0::oG-III 0::AI-0::::lo U Q .J« uii:II.o A Did your husband tell you that Dr.Bryant said it would be better to go to Italy? My husband says that Dr.Sposato he was talking to about that. This paper,Exhibit "e",did you not sign this paper in Washington on July 3,1962? No,I did not sign it in Washington.It might have been made in Washington. Are you quite sure you did not sign this in Washington? No,I did not sign these in Washington.I signed two papers in Pitts- burgh. The papers that you signed in Pittsburgh were signed just before you left to go to Italy,were they not? Yes,just before I went to Italy. Did you not sign another agreement pertaining to separation three months before you actually went to Italy? No,I never signed any papers for separation. Q Did you sign any papers,any legal papers around July 3,1962? A No,I do not remember signing anything close to July 3.All I know, I signed two papers. Q Were they both signed at the same time in Pittsburgh.about the time Ie A Q 0(Az 0(>~QIII Z ZIIIll. io~Az :tIII~Q ....o AII:l-I/) ~Q <{ uo ::l., i=~A you left to go to Italy? Yes"about the.time I went to Italy. In the paper you signed it says"does it not"that your husband will deposit $370.34 with the William Affitigatto Agency to pay for your return passage if you decided to reA:ur.n? Yes"I signed for two;one to go and one to come back. That money for you to come back was in Pittsburgh all the time you were in Italy"wasn't it? Yes.They should be there yet. As far as you know it is still there"isn't it? Yes. Why did you not use the money and come back before your husband died? I talked to William Affitigatto over the.telephone that the passage 95 Well"mine.yes. money was hers. That isn't responsive.The question is why didn't you use that mone~ ui II:(&/.. II:oII.~Q '"0: ::l8 A -I0( ~Q lI..o Was hers?Does she mean mine? A to come back from Italy before your husband died? I did not know that II}oney was there.My husband had a receipt on that money at that time. Q I didn't get that.Will you read it back? REPORTER:"I did not know that money was there.My hus- band had a receipt on that money at that time." 96 Q Didn't you just say a few moments ago that you knew that money was deposited at the time you left?The money was deposited,didn't Yes,certainly. that money. Fourth of September. The 4th of September,1963. I could mail it out to you by post office. Wl'1at date did you arrive ? Did you come by plane? What date did you leave Italy on your return trip? Okay. Please do not mail it.Ple.ase bring it to the next session of Court. But vou knew it was there all the time?" Isn't it a fact that before you went back to Italy,you sent by mail Do you have that letter? Oh,yes.William Affitigatto sent her a letter. Will you bring it to the next session of Court? you say,to go over and to come back? , I do not know whether I have that letter or not. I have it;it's at the house in West Virginia. She said,"I could even mail it out." I could not use that money because I did not have the receipt to get If you have it~where is it? } A I e , ,~QIZ«>oJ A~IIIZZIII Q0. i0I-~A :rIII ;Q ..:u AitI-III e 0 QoJ« u gA.., J:.."l'I iii 0::III QI-0::00. III A0:: I-a:::>0 Qu oJ«0 A\1.\1.0 e Q A Q A Q many of your personal belongings? -------------------------------,-- ~97b====*================~========r==1 A There were some dresses and things I sent to my daughter. Q Isn't it a fact that the remainder of your personal belongings were se lt to you by Mr.Tallarico after you had gone? :, Four or five. 62. Some shoes. He ca~hed .the ~hecks and gave them Do you expect to receive Social Security on your husband's account No,I cannot get it.I went to the office but they told me I have to be And are you now receiving Social Security on your husband's account How many shoes? ,, Anything'else ? Well you don't actually have any personal things here that you left, "\ Was your husband receiving Social Security wh~n you were living,her... Two pairs shoes. How many suits and dresses? No,he did not send my personal thingE!back to me. I left some suits.some dresses here. do you?. to me. YesJ he got Social Security. with him? A I e Q 0( z0(>~A l/Izz~Q i 0~Az :tl/I;Q ~Aa:t-Il)e ~Q« u , °A::l.., x..'~Q rticrl<lt-a: 0II..~A t-a: ::l 0 'J .J«~QII..II.. 0 Ae Q after you are 62? A.,Oh,yes.How am I going to live? I:/,~ ~w, {,-~",: Q Did you ever talk to any of the children about who owned the pl:<;>perty ~ c -1-__---I _,......--------,rr---------------------------------------,-----.,.... 98 A No,I never did talk to the children about the property. Q You never at any time talked to any of the children about the owner- ship of the property? Q 0( z 0(>oJ ~Az ZIII 0..QioI-~Ii J: VI-.( ~Q ..:u II:At-IIIo ~Q u o:>., ~r- oc A ai'II:5 Q ,~ '..J r A l-ll: :>o-u Q.,oJ 0(• U II.II.o A No,I never did talk to the children about the property. And after you had been in the hospital was your husband not good abou I doing the hous ework,cooking,washing and cleaning? No,the daughter Mary did most of the cleaning of the house. ./ Did your husband do cooking and washing?_ No,he did not know how to cook. And did yoU say Maria came up everyday to do the cooking? This is on Saturdays and Sundays sh~,came. Didn't your husband do the cooking when you were in bed on the other days? My husband helped himself'with sandwiches.and things like that. Did he ,bring food to you·when you were in bed? Yes.I couldn't get up.I was too weak.He brought me food. Didn't your husband do very well about ~aking care of you and didn't \- he give you good treatment while you were living together? Yes"he.did. Q,You have had no complaint about the way your husband treated you? A Yes,he treated me well all the time. l Q A Q The question is you had no complaints,did you? Yes,I was satisfied. Now I believe vou testified---if the Court olease do vou want us to go on here?I have several more questions. 99 MR.TERPUTAC:I have a divorce hearing set for 4:00,Your Hon(r. I just wondered how long this is going to go on. THE COURT: MR.TERPUTAC: THE COURT: MR.PATRONO: I expect we'd better adjourn until--- Do you want to set another date now,Your Hono (.? Yes. If the Court please,I want to bring in rebuttal some witnesses,including the people from the Affitigatto Agency in Pittsburgh,whom I may have to subpoena.I don't know.I'd like to have adequate time to make arrangements to bring them. THE COURT: MR.TERPUTAC: ~:'IHE COURT:..... ~ 1i MR.TERPUTAC:x .Il Thursday,July 2,at 10:00 A.M. I have a divorce hearing on that day. Postpone it. All right. -X:J::> :J .J 0{ J......::> (Next hearing in regard to this matter will be held on Thursday, July 2,1964,at 10:00 A.M.,E.D.S.T.). ************ , \ • I hereby certify that the proceedings and evidenqe !1 " .<:>.I>-Q;;:are contained fully and accurately in the notes taken by me on the hearing Wc. to of the above causel and that this copy is a correct transcript of the same. l-t':;; J:g. '"3 ..- L II..II C L C L u:~The foregoing record of the proceedings upon a:a ll.•~the hearmg of the above cause is hereby approved and directed to be filed ....a: :IIouo~Bv<:J 0' U.U.o IN THE ORPHANS"COURT qF WASHINGTON COUNTY~ PENNSYLVANIA HEARING ON PETITION FOR ORDER DETERMINING THA T REAL ESTATE IS NOT PART OF ESTATE THE HONORABLE P.VINCENT MARINO" President Judge of the said Court. FRANCIS H.PATRONO"ESQ."of Patrono & .Edwards of Washington,Pennsylvania, repres enting the Petitioners. IN RE: ESTATE OF j <FRANK TALLARICO~ z<~Deceased.->-~,zZIII0.. zol-oZ J:WI«~ ...:BEFORE:: u a:to-rn ::l j ~APPEARANCES: o:>.., ) ) ) ) ) ) ) No.264 of 1964,O.C. • iii II:III l-II:oQ. IIIa: l-II::>ou ~-TIME: u lI.. lI..o THOMAS J-.TERPUTAC,ESQ."of Washington, Pennsylvania,:r:epresenting Maria Mauro Tallarico.- Tuesday,December 22,1964,at 10:00 A.M., E.S.T. - . I INDEX TO WITHIN TRANSCRIPT I . I WITNESS Direct Cross By the Court I I e ,SERAFINO TALLARICO 4 17 19 i I :!:KATHRYN RUTAN 24z<>.J l-~ Zz FRANK TALLARICO 28al L i0t-., z MARIA MAURO TALLARICO 33 39 :z:.,«~ .: .J :t: ""e ::l .J« ~ ::l ::l.., :t..I' N iiia:1&If-a: 0Q. 1&Ia: t-a: ::l0U oJ 1 < U II.a..0 ,I '•.·1 1 1 I I • --------------------------------~----------.-----~1 EXHIBITS Exhibit D -Agreement between Frank Tallarico and Clara Tallarico, pres ented on Page 11. 0( ~Exhibit D-l>oJ>-IIIZZ ~Exhibit E - io....e>z J:III~Exhibit F - ..:u It....III o oJ0( U o:>., :cf-"N uia:III....a:o0-IIIa: ....a::>ou oJ< U lI.lI.o Carbon copy of Exhibit "D11,Agreement between Frank Tallarico and Clara Tallarico,prese nted on Page 13. Deed between Clara Tallarico and Frank Tallarico and Clara Tallarico,his wife,referring to property in Washington County,Presented on Page 11. Deed between Clara Tallarico and Frank Tallarico and Clara Tallarico,his wife,referring to property in Greene County,presented on Page 11. ·:'1 .~..4 THE COURT:The Court is ready gentlemen. (At the direction of the Court,off-the-record discussion was not recorded by the stenographer). DIRECT EXAMINATION BY MR.PATRONO: in Deed Book 4.90 at Page 376. SERAFINO TALLARICO IS CALLED AND SWORN. MR.TERPUTAC:We have no objection,Your Honor. Serafino Tallarico. The amendment will be permitted. May it please the Court,at this time we would like his wife,as tenants by the entireties,dated November 5,1956, lots being located in Jefferson Township,which were the subject to the Borough of Jefferson,Greene County,Pennsylvania.These to request an amendment of paragraph nine of our Petition to inclue e some property which was left out by inadvertence,consisting:of and recorded in the Recorder's Office of Gree~e County,Penna., Lots Numbers 9,10,24,25,26,27 in the Fairground Addition of a deed by Clara Tallarico to Frank Tallarico and Clara Tallaric D, MR.PATRONO: \ THE COURT: MR.PATRONO:e ~ ~ 0(>.J;-D-Uc.. LaI-0 L-~<~ ..=u c:I- Qle".J ~ L' "::-... ~r-l' Iic.II; l-ll: CII.... II: l-ll: Cc.; ....l <I: U Il..Il..0 e Q What is your name? A Serafino Tallarico. Q Where do you live? A 922 Harold Avenue,Washington,Pennsylvania. ----------------------------------;---...." 5 Yes. What are their names? Canton Township. Yes,I am.I'm his son. There is a Jennie Ida Jarvis,who isHolmes,no avenue or street,just Holmes. Ye.s.She's married to an Army man.She moves about. resides with me at 922 Harold Avenue,Washington,Pennsylvania. Avenue,Washington,Pennsylvania.And Maria Tallarico who Did your sister Ida Jarvis formerly live in Northridge,California Weirich Avenue,who is now residing at 1210 First Street, that's Simi,California.Lena Hanna,until recently lived at 132 Canonsburg.Frank Tallarico,Jr.resides at 316 West Wylie I think the address is 29429 Tawas Avenue. Mikrut,she also lives at Detroit,Michigan,the address is 7546 Who was the mother of these children whom you have named? living out in California.Her address is 2116 Abraham Avenue, Tony Tallarico,just passed away. How many children were born to your father? Excuse me just a moment.Had he passed away before your father~ And Antonetta Madosky,who lives in Madison Heights,Michigan; There were eight born to my father. What municipality is that in? Are you related in any way to the decedent,Frank Tallarico? Q A . Q A ,e QI 0(A ~ 0(>.J Q:-I') ;!:...i:i A'"~ 0~Q ,ii 0(A:= ~u QI::..I')e I) .J 0( U I) ;:).., t i:-.. riI::&J..I::0L&Jz::..r: :J 00 .J "0 L-L-a e Q A Q A Clara Tallarico. Q What was the occupation in which your father was engaged? A Storekeeper all his life. Q How did your mother occupy herself? A She was a housewife but she also helped my father out in the store. She clerked in the store. Q What portion of her time would you 'say she spent in the store? A I'd say she spent as much time in the store as my father did. Q This was--would you call this a neighborhood grocer or was it a supermarket type or what? A A neighborhood grocery and of course my parents lived right next door there.They were close. Q In the years immediately before the death of your mother and your father,did they confide in you to any extent as to their business matters? A Yesl they took me in their confidence. Q How do you rank among the children as to age? A I'm the oldest. Q Are you aware whether or not property had been accumulated during the lifetimes of your mother and father? 6 A Q Yesl I was. Had there been any property accumulated? A Yesl there was. Q Whose name ,was this property in prior to November 5,1956? ,---------------------------------------------------------,- A It was in my mother's name. Q And do you know the reason for that? A Yes,I do. Q What was it? 7 A ( z (->.J;>- IIIZZI&l Q, iol- "Z X~«~ ..:OJ II:I-~ ~Q« u o :l... t Back in the early 1930's my dad was a partner in the Clarksville Grocery Company,and they were on a verge of bankruptcy;and of course they had a lot of creditors come down on them.And we were in need of a home,so they saw an opportunity to buy this home rather cheaply,so they decided to go ahead and buy it.I think they paid about $840.00 for it.It was decided then it should be placed in my mother's name in order to keep the property safe. What was the source of the funds from which the property,not only this home,but the other properties that were acquired before :;;November 5,1956 were purchased? lri ffi AI-0:oCI..~Q l-e:: •:lo U -l« u A L-L-a Q The profitsfrorri the store. Now did you at any time prior to November 5,1956 have any con- versation with either of your parents with respect to their property? Yes,I did. Something I neglected to ask you,is the property which we are discussing which was in the name of your mother the property which is listed in paragraph nine of the Petition involved in this case as amended?. ~A That is the Washington County property. I Q How about the Greene County property? ------------------------------------ Q That was originally in my father's name then it was deeded to my mother in 1956. 8 Q A Q 0( z 0(>.J>-lI!ZZIII _A,.II. i0I-el Qz :tlI! 0(A~ ~~Q0:l-ll! 0 .J0( U 0 A:J., J:I-r-QN iii0:IIII-0:0II. III A0: I-0: :J0 Qu .J0( uii:.... 0 A Q 19 what? 1956. Mr.Tallaric;ol will show you here a deed which states on it it is from Frank Tallarico and Clara Tallarico,his wife to Clara Tallari 0, and ask you what the date of that deed is ? 1947.April 19,1947. That is the Greene County property? Yes. And that was recorded in Greene County,Pennsylvania,was it not, on April 21,1947,Deed Book 435,Page 74? Yes. After April 21,1947,the date of the deed I have just shown you, was there any real estate that was owned by your father? Not that I know of. And after that date,was there any real estate up before November 5,1956 which was in both your father's and mother's names? No,there wasn't. So then that all the real estate mentioned in paragraph nine of the Petition as amended was prior to November 5,1956 in the name of your mother,is that right? A Yes,it was. Q Now I believe you said that you had some conversation with your -----------,,-----------------------------------------------.- parents prior to November 5,1956.What was it which brought abou that conversation? 9 • ,A -~ J:-;n :::l .J0< U o:J.., I:t-~Q iii ::i At-Ill:oIlL ~Q t-Il: :J3 A ..J« Q;;: 'l1.o About a month or month and a half or two months before the date of that agreement I had occasion to talk with my parents'attorney, .Francis Patrono at one of our Toastmaster's meetings.At that timE he advised me to advise my mother that she should ha ve the propert..i placed in the names of both my father and my mother;because in the event my mother should pass away first,my dad V,Ould have inheritance tax to pay and also he would get one third of her propert , whereas the children would get two thirds of the property.In the event that should happen,of course he would be deprived of certain revenues during his old-age.And of course,if that would happen again,it wouldn't be a burden on the children or anything. Did you talk after talking to me to your parents? Yes,I did. What was the response? Well,my mother was rather reluctant at first because she feared my father would remarry and we children would be denied the prope ty that she felt she had worked hard for. MR.TERPUTAC:Just a minute,Mr.Tallarico.Your Honor,we object,that that is irrelevant;it is hearsay,and we move that it be stricken from the record.I didn't want to make the objection until I was certain what they were coming out with.If Your Honor please I don't think---the record speaks for itself---I don't think any ----l---- statements made by either Mrs.Clara Tallarico during her lifetime or him on why this was done has any relevancy in this proceeding. 10 THE COURT:Well,we are going to refuse the motion at this time. It would have very little relevancy,but establishes the background 0 these various transactions,and only for that purpose in bringing :! <>~QQ....u C...o "'"v;:: .: l Q IJ'!--1.I C A-c l C <I'a: lLl-ll:CQ.~A l-ll: :loU .J<. !:!'lLlLo A Q the backgrOl:nd of this situation to the Court,are we admitting it. That is our only purpose in presenting it,if the Court please. What was the state of your mother's health at the time of your conversation? She was suffering from sugar diabetes . Had she had any serious episodes prior to that time? Well,she had a high sugar content and she was having difficulty in keeping sugar content down. Now then after your conversation in which she displayed reluctance to because she wanted the property to go/you children,what happened? Well,she said if it would be arranged,so that the interest of the children would be protected,she would gladly see to it that the property was placed in both names;but she wanted the interest of the children protected,in the event she shouid pass away first. Then what happened? I conveyed her feelings to Francis Patrono. Then what happened? A He told me such an agreement could be drawn up and I told my i'I .....Q........ A I e ..... II Q 0(A z<l:>oJ~IIIZZIIIa- icl-e:% ,ld0( ~~ ..:0a:: I-C6 e a ..r<v'a :l., :l~".N If:Q Il: II. l-ll:Ca-lii :l: I-Aa:~ 0v oJ Q< 0 II.II.A0 e Q 11 mother what Mr.Patrono had said.and she said under those cir- cumstances it would be all right. Now do you know whether or not they came to my office? Yes.I know they came to your office. Did you come with them? I did not. (Stenographer marks Exhibit "D".which is an Agreement between Frank Tallarico ,and Clara Tallarico;Exhibit IIE li•a Deed between Clara Tallarico and Frank Tallarico and Clara Tallarico.his wife. referring to p'roperty in Washington County; Deed between Clara Tallarico and Frank Tallarico and Clara Tall<;l.rico,his wife,referring to property in Greene County.) Mr.Tallarico,I will show you a paper here which has been marked Exhibit "D"and ask you if you recognize the signatures on that pape ? Yes,I do. Whose signatures are those? Frank Tallarico,my father and Clara Tallarico.my mother. Now I show you another paper which has been marked Exhibit "E" and ask if you recognize the signature on that paper? A Yes.I do. Q Whos e signature is that? A Clara Tallarico,my mother. I 12 Q Now did you at any time after the conversations which you have I described with your father and mother,see these documents which have just been exhibited to you? mother and father? Q The first time? A Yes,I have. about a month later I saw the agreement. Oh,the kitchen table,my dad would take out his personal files and show them to me. A it out,to discuss them with me. A Yes.That would be the purpose of my dad and mother bringing Q Did you read them? A I would say about a month,in reference to the agreement I'd say A My mother was usually present. Q And without telling what,did you discuss these papers with your Q Where did you see them? Q When he showed them to you was anybody else present? A Oh,on and off I would see them. Q And i.vhere did you see them?When did you see them first? e « z 0(>..I )-II Z Z....II. z· Cl-e:z :I:til0(:= ..:0 0:l-UIeQ I .J0( 0 Q :::J... ;::- I'- N: IIiII:IIII-0: 00-W0: l-I!: ::J0U oJ« ~ILIL0 e A I read them generally.There were times lid read them,and there were times I wouldn't.If I r.eaa it before I wouldn't read it again. Q When you first saw them,can you tell me how many copies of this agreement,Exhibit "n"you saw? !-- 13 A Two copies. : Q And do you have here pres ent in Court the other copy?. A Yes~I have. e (Stenographer marks the Agreement between Frank Tallarico and ~Clara Tallarico~which is a carbon copy of Exhibit "D",as Exhibit ~ ~>D-1.)oJ:>-c....Q Is this Exhibit D-1 the other copy of the agreement?uc.... 0 A Yes,it is.I-0.. ~ l.I Q And is it signed?<~ ..=A By both my mother and father,Frank Tallarico and Clara Tallarico.u a:I-UIeCi Q Now you're aware,are you not,that your father did get remarried? oJ...;' L'A Yes,I am aware of that.u ::0... ;::Q And state whether or not you ever saw or had any communication with,. 1'I Ii his second wife before the marriage?II IIIl-II IcCIlAIhadnone.II. II: I-~Q Where did you first see her?C l;...<A I saw her at the Greater Pittsburgh Airport when she first arrived.l; ii:IJ..a That would be in May of 1961 I believe it was.e ~iAndhadthemarriagealreadytakenplace? A Yes,it had. Q Where did the marriage take place? A It took place in Italy. Q After the second marriage,who collected the rents for the property -------------------------------------------------------.------. 14 A Q I i A Q ( z0(>.J>-~AzIIIL ~o ~Q o ..I 0(Ao o::>.,Q:t- tl ric:u~Ao'-uc: l=Q ;,o~A "u ~Q My father collected the rents. Who paid the taxes and other expens es ? My father paid the expenses. As far as you are concerned.why was that done in the light of the provision of the agreement that the property belonged to you and the other children if your father remarried? Well.we didn't want to embarras him in any way or hurt his feelingl: in any way.We felt that he should go ahead and use the proceeds of the property as he wished.That's the way we wanted it.We didn't want to hurt his feelings.That was it. At that time.did your father have any other income on which to live Social Security. And outside of the Social Security did he have any other income.othE r than the income from this property? None that I know of. He was no longer in the store business.is that Yight? No,he was retired. Did you record either of these agreements during the time when your father and his second wife were residing together? A No.I did not.I didn't see any reason for doing so.I thought the agreement was binding enough.It spoke for itself.I couldn't see any reason for having it recorded. Q Did you record it at some time? 15 A Yes.I did. .Q And when was that? A About a week after my dad passed away. Q When did your father pass away? A Q A August 31.1963. And your mother? October 20.1959. THE COURT:For the record.your ql:estion was did he record any of these papers.and he answered relevantly that he did not. Did anyone record tl:em before that time? Q Now the paper we have been talking about,was the recording of the agreement.was it not? A Yes. Q And to your knowledge did anybody else record the agreement prior to your father's death? A No. Q You mean nobody did,is that right? A As far as I know. Q And the stamp on the agreement shows.does it not.that it was recorded on September 12.1963? A Yes,it does. Q Now the deed which ia exhibit "E".that is the deed to the Washingtor County property,is shown to have been recorded on what date? I ---------------------.-------------------------------------,--------,1 16 A Seventh of November,1956. Q And the deed to the Greene County property which is designated as Exhibit "FIT,is shown to have been recorded on what date? A ...-:>~Au :0:: :0::u to Q ;;: Co...~A :1o ~Q .. L C A November 10,1956. When you saw these papers by the way,:irst saw them after Novemb:.r 5,1956,did you see any other papers? Yes.I saw the will made up by my mother and father. Is this a will for each that you are mentioning? There were two wills I saw. During the Erne when your father and hissecpnd wife were living together,did you ever have any conversation with him about this property? Yes.When he and his wife were having trouble. ;J..~Q What was the conversation you had? MR.TERPUTAC: ~a:~Aa:eQ. LL:t...It:::::ol).... ~ V 1&.,Ii.e Well--- Just a minute,Mr.Tallarico.If the Court please, now it seems to me again that if Your Honor please,if these statements were made without the knowledge or out of the hearing of Mrs.Marie Tallarico,I fail to see either relevancy,and we object to the further reasoning that this is hearsay. THE COURT:How about the competency of this witness to testify under the Act of/I S7?Are you objecting to that? MR.TERPUTAC:Well,depending on the interpre~ation.It seems I to me this witness's interest in any ev'Snt is adverse to the interests ~--------:-------..----------------------------------------,,.-------, 17 of the estate.I think that would apply to any of the children who contend the property should be in their names~and not as part of the estate of Frank Tallarico~deceased.I believe in that event 1887~Section "E '1 would be barred. that any of the statements made prior to the death under the Act of e'i I ~THE COURT:Although we permitted some testimony as to the \ z«>.J;,. IIZZiiiL ioIr-oZ ..:o c:~IJ Q Q .J< l)a :J, background of these various events~I believe that now we have come to the place where we must sustain the objection of counsel on the competency of this witness as an adverse and interested party~to testify to factual situation occurring prior to'the death of Frank Tallarico.We will sustain the objection. That's all . ;:~CROSS EXAMINATION BY MR.TALLARICO: l~ .i iii l[QIII....erCQl...a: I-!!: C l. « ~u..u.. 0 A Q A Q A As I understand it~Mr.Tallarico~the money which was used to pay for these properties during the lifetime of Frank and Clara Tallarico was obtained from the profits of the little store they ran~ is that right? That is true. Was this store in your father's name? It was in my mGther's name. They both ran the store and they both took profits therefrom is that right? Yes.I I I -----------n,------------------------------------------:-------,I 18 I. Q A 0(Qz0(>~AUIzz~Q ioI- elZ I:UI ;A ,.:o II: I-UI ~Q0( o g A.., :t..:;Q !IiII:~Aa:oQ. ~Q l-ll: :l8 A .J0( ~Q ""o A And after they took the profits,they put some of it into these properties which were bought and all of them except one were put in the name of your mother,is that right? All except one;which one are you referring to,the Greene County property? Yes. Yes. After your father passed away on August 31,1963,where did you find these agreements dated November 5,1956? My father had a tin box where he kept all his very important papers. That's where I found them. Where was the tin box located after his death? In my father's residence. What was the address? 132 'Weirich Avenue,formerly 72 Weirich Avenue. Who had possession of that box aft er his death? I did. Did it have a lock and key? No,it did not. 'Q Did you take it upon yourself after his death to record this agreemenL of November 5,1956 being Exhibit liD"? A Yes,I did. Q That's all I have,Your Honor. MR.PATRONO:That's all. ----------------------------------------,-------,I 19 EXAMINATION BY THE COURT: Q Mr.Tallarico,the agreement that we have referred to in the testimony here as Exhibit "nIl,the terms of the agreement would A Yes,it would. Q When you had occasion to discuss this agreement with your father I e·i I « z«>.J>If)zZIIIL i0l-e>z J:III«~ A inure to the benefit of all the chi ldren,\:.<>uld it not? and mother as you testified,did the result of those conversations become known to your other brothers and sisters? Yes.Whenever my parents and I would talk,well,my sister would be there or my brother would be there.Of course,most of them All the children knew about it? Yes . I would say so,yes. thing we would discuss it,yes. If they should come home on vacation or some- They were all made acquainted with the contents of that agreement ."11Andwhenyousaythat---I b~~ieve you used the pronoun we permitlLed father to collect the rents from thes e properties after the death of or paper? were out of town. .:(J II: I-IIIec .J« (J c:>Q.., I:..f'- N lia:u....Ac: 0c.uc:Q....e: :J 0u A.J<: uii:QlI.0 e your mother.Now do you mean that you and your brothers and sisters all joined in that and agreed with it? A I should make a point of clarification there.My sister,my brother who lived in Washington knew about it.And of course the ones out ------------.-------------------------------------r------.,I 20 of town told me,"Go ahead and do as you please.We'll do anything you say."They left the responsibility up to me.And I'm sure they would concur in what I did.> Q -:.-:>.I>U~A 1:1C. ..:l- IIl-II C-~A c (f A ll:IL I-~QQ. ILII: li:A :JoU ~Q u l.I..11..o So that all the children knew then that this was being permitted, that your father was going to collect those rents and pay taxes and soforth?They all knew that? Yes.Because the two from Detroit we re home on vacation and I explained it to them. Mr.Tallarico,after the death of your mother and before the remar iage of your father,was there ever any discussion between you and your brothers and sisters about recording this instrument,Exhibit "D"? No,there wasn't. No one ever discussed that? This was after the death of my mother? Yes.and before the death of your father. No"I can't recall. In the interim and before his remarriage,was there any discussion at any time,did it ever occur to any of you children that this instrument might be recorded? A No.I don't think we ever discussed it.My father was there,he was collecting the rents and we just left things alone as usual. Q When your father was collecting those rents,of course that was entirely proper and in accord to the agreement prior to his re- I I --------------------------------------------.------1 21 marriage.was it not? A That's right. Q But then all of you permitted him to continue to do the same thing I A Yes. Q That was satisfactory with all the children to do that? A Well.as I started to say before.when we found out that father A No.I didn I t contact the one out in California._No.I don't think I over the handling of the property which would involve of course the re- talked with the ones in Detroit either.except I do want to say that and his wife weren't getting along too well.my sister and her husbar d , discussed it one time.they felt and they wanted me to consult the I other children.to find out what they thought about my taking recording this paper that we call Exhibit "D"? interfere. let my father try to handle his problem in his own way and not cording of the deed.But after discussing it we decided no.we'd after his remarr-iage? children or with him as to the possibility or the propriety of And after his remarriage was there ever any discussion among theQ e 0( Z0(>...I>C/) Z ZIIICL i 0I-0Z I: C/) 0( ~ ..=u 0:I-C/)e 0 ...I 0( U 0 :l., J:.."N ui0:III I-0: 0ll.III0: I-0: :l0U ..J 0( U u.u.0 e they told me whatever I wanted to do was all right.I just talked to the ones in Washington on that. Q But you felt that you had the authority to act in the manner that you did because of the conversations that you had with the others? A Yes.I do want to add here too,that the time she walked out on 22 e I ~z«>.J>-III Z Z IIIQ. i0I-elZ I J: I III«~ him.I started to saythis when Mr.Patrono asked me the question, I had hinted to my dad he should let me take over.Of course.he's not acquiescent.I understand from the way he acted he wanted to handle things himself so I did not interfere. Q And your father's physical condition prior to his death:didn't prever t him from going ahead with those duties? A No;for an old man he looked good and he handLed hims elf well. He didn't look his age. Q He was still able to carry out those duties up until the time of his ..: o death? lI:I-III ~A Yes.Up to about three months before his death.« og Q Does counsel have any other questions?.., J:..~MR.PATRONO:I'd like to ask one more question.To your personal wife before the marriage? knowledge,did any of the children have any contact with the second None. iiilI:IIIl-ll:oQ. IIIlI: t-lI: 5Ao .J« ~MR.PATRONO: u.o MR.TERPUTAC: That's all. Mr.Tallarico.in order to clarify the record,as I understand it.after your father married Maria Mauro Tallarico. he collected the rents on these hous es in Washington.in Canton Township and North Franklin and soforth.is that right? A Yes. 23 MR.TERPUTAC:He gave the receipts for those rentals,did he not? A Yes,he did. MR.TERPUTAC:"And out of those rentals he would pay for the repairs on these houses,is that right? insurance),is that right? first name---Maria Mauro Tallarico,prior to their marriage. Wasnft one of the children,it seemed to me,that in a prior children had had contact with the new Mrs.Tallarico,what's her One other question occurred to me"Mr.Tallarico. That's all I have. And he did thi§i:c;luring the whole time he was married And he would pay the real estate taxes and the You replied to counsel's question a moment ago that none of the to Maria Mauro Tallarico,except during the end there where he ma~ one of your brothers over in Italy at the same time with your father have been quite ill,is that right? proceeding that we had here concerning the family exemption,wasn' MR.TERPUTAC: THE COURT: A That's right. MR.TERPUTAC: A That's right. MR.TERPUTAC: A That's right.e 0( z0(>.J>UIZZIIIQ. i0I-~ Z J:UI0( ~ ..:u ll: I-UIe0 .J0( U 0 ::l.., J:0-r-N uill:IIIl-ll:0Q. III Il: l-ll: ::l0U -I« u iL II. 0 e and didn't he marry over there at approximately the same time that your father did and then they came over together? A 1 1m sorry.That's right.It completely left me. THE COURT:That would be Fnnk,Junior,wouldn't it? 24. 1======jF====================1==11 A That's right.I'm sorry.I completely forgot about that. THE COURT: A Yes. THE COURT: with her? A I don't think so. THE COURT: MR.PATRONO: MR.TERPUTAC: THE COURT: At least he would have known about it? But you feel that none of the others had any contact Are there any other questions of counsel? I have none. I have none. You are excused,sir.Thank you. (Witness excused). KATHRYN RUTAN IS CALLED AND SWORN., DIRECT EXAMINATION BY MR.PATRONO: Q What is your name? A My name is Kathryn E ..Rutan. Q Where do you live? A 85 Rosewood Avenue in the City of Washington,Pennsylvania. Q What is your occupation? A Legal Secretary. Q By whom are you employed ? A By the firm of Patrono and Edwards. Q Besides being a legal secretary,do you have any public position? I 25 I=======t!===========================~=== A I am a Notary Public. Q For how long have you been a Notary Public? A I was commissioned in 1945.I took my first affidavit on September 19,1945. Q c(Az c(>oJ~QzZ\IIII. ioI-~A J:lI) c( 3 Q ..:ua:A- I-lI) Ci oJ Qc( u g A., :tI-....N iiia: \II I-a:oII.IIIa: I-a::J8 Q oJ c( ~A l1.o Q How long have you worked for Patrono and Edwards? Since May 12,1951. During the time that you worked for Patrono and Edwards,did you come to know Frank Tallarico? Yes,sir. How did you come to know him? Mr.Tallarico frequently came into the office. Did you get to know Clara Tallarico? Although Mr.Tallarico came frequently and if Mr.Patrono was not in the office,he would often chat with me while he waited for Mr. Patrono;Mrs.Tallarico did not come in frequently.She came in occasionally,but not as often as Mr.Tallarico. You did know her,however? Yes,sir. In connection with your duties,do you take acknowledgments on deecs and other written agreements? A Yes,sir. Q Do you make any record of this? A Yes,sir. Q What records do you make? A According to law as I understand it,a Notary Public is supposed to keep a record of all acknowledgments and affidavits taken and I have done so. 26 Qe 0( z0(>.J>-AUIz ZIIIII. i0t-e>z J:UI0(~ ..:u QIl:t-UIe0 .J« u 0::J A., J:l-I'N tti Il:IIIt-Il:0II. IJJ Il: t-Il: ::J0U .J« u \I. \I. 0 e Q A Q Now I call your attention to the document here which is labled "Exhibit D"and ask if you will look at that and particularly at the end and tell me if you recognize that document? It is an agreement between Mr.and Mrs.Tallarico which was typed in the office of Patrono and Edwards.I witnessed the signature of Mr.Tallarico,and Mr.Patrono witnessed the signature of Mrs.Tallarico.I took their acknowledgment. Now if you will refer please to your records,how many acknowledg- ments did you take that day? On November 5,1956 I took the acknowledgment of Mr.and Mrs. Tallarico on the agreement mentioned in duplicate.I also took the acknowledgment of Clara Tallarico on a deed by entireties in Washington County,and on the same date at the same time I took the acknowledgment of Clara Tallarico on a deed by entireties and for property in Greene County. You say the agreement.:you acknovvledged in duplicate,is that right '; That's right,sir. I show you this paper "D-1 ",and ask you if that is the duplicate that you referred to of "D':? A That is the carbon of tile original.They were both acknowledged by me on that date. Q This signature on both these papers in two places.Kathryn Rutan.i your signature.is that right? A That's right.sir. 27 Q « z«>~AUlzz~Q io~ClZ J:Ul ~A ..:u 0::~Ul o .J« u g Q.., :t..~A On both these papers in the witness line appears a signature which you should be familiar with;whose signature is that? !tIS the signature of Francis H.Patrono.sir. Now what was done with these two agreements after the formality of acknowledging them had taken place? After I had affixed my notarial seal on 'them.I delivered or folded·. and handed one copy to Mr.Tallarico.and did the same and handed it ,to Mrs.Tallarico. You mean the other one to Mrs.Tallarico.do you not? The original to one and the carbon to the other. talk to Frank Tallarico? MR.PATRONO: MR.TERPUTAC: ui~Q 0::oD..III0:: ~0:: :J () U .J« u ii:lI.o Cross examine. No questions. Will the Court indulge me for a moment while I THE COURT: MR.PATRONO: Yes. If the Court please.I will call FrC!-nk Tallarico. 28 FRANK TALLARICO IS CALLED AND SWORN. DIRECT EXAMINATION BY MR.PATRONO: Q What.is your name? A Frank Tallarico,Jr. A lam. A Yes. A Yes,I was. Q Is that in Canton Township? Had you gone to Italy with your father? No questions. Oh,may I ask another question?Go on back up Tallarico,the second wife before the marriage? .No. MR.PATRONO: there please. MR.TERPUTAC: A I did. A Q That's all. Q Did you ever talk about your father's property to Maria Mauro Q Were you in Italy before he made his second marriage? A 316 West Wylie Avenue,Washington,Pennsylvania. Q Where do you live? Q Are you a son of the decedent here,Frank Tallarico? e 0( z0(>oJ>-V! ZZ I&l0.. i0I-elZ I:V!0( ~ ,.: U 0:l-V!e 0 oJ0( U 0:>.., J:..r- N !Ii0:I&lI-It00..I&lII: I-0::> 0u ..I« U \I....0 e Q You went the same time he went? A Yes. Q ~ow were any of the children over in Italy before this marriage except you? I 29 A No.I. IQThat's all. I .THE COURT:Just a moment.I have a question.Mr.Tallarico) while you were in Italy did you at any time have occas ion to dis cuss name or in both names? (Witness excused). of the hearing which was held in connection with the Petition For like to ask the indulgence of the Court since I don't have some of You didn't discuss anything about any of those That's all. If the Court please)I want to move that the record your father any of the properties situate in this county or Greene this proceedings to the extent that it is material;and I should also Family Exemption at No.412 of 1963)O.C.be incorporated in that record)a moment or two to see if a certain item of testimony County)whether the property be in your father's name or your mother's with Maria Mauro Tallarico either before or after her marriage to MR.PATRONO: properties? A No. THE COURT: THE COURT: A No. e ~...«>.I>U;;:: r;c. ;:;: 0I-(.I :0: J:1lO<:~ ..=(.I II:I-UoeCI.....;: t· CI :t... ;:,. C'I Ii1:1 III I-0CIII... ll: I-~ C l... l: lLlL C e which I think is already in this record)is in the record. THE COURT:Yes.Do you wish a ruling on your motion now or after you check the record? MR.PATRONO~No.I'd like to have the record incorporated ---------n-------------------------------------.--------, 30 But I just want to seel I think there is a certain item of testimony already in there.If it isn't in there I want to call a witness. THE COURT:Mr.Terputacl any objection to the motion? MR.TERPUTAC:NOI Your Honor.We join in the motion to incorpor Me names of the properties appear in the name of Tallaricol Clara and separate assessments are listed in those names.There was also fo ~ this particular proceeding. in the Assessment Office of Washington County Courthousel and the Welllof coursel that would be a natural result I found what I was looking for and it's in the record. If the Court pleasel Mr.Patrono and I have agreed I have the 1959 Canton Township assessment records which appear , omitted to get that one.I would have to get it from Waynesburg. now the one I do not have is the Greene County property.I have jus1 to stipulate on,the assessment records for these respective properties; Frankl 72 Weirich Avenuel Washingtonl Pennsylvania.Eight the testimony of the prior proceeding with the understanding that all objections and methods of presentation and soforth be retained for of the incorporation of the testimony.The motion is approved and We MR.PATRONO: will permit that. MR~.:rERPUTAC: THE COURT: e ~z<>.J>-UI Z Z III II. i 0I- elZ J: UI<~ ..:u II:I-UIe0 .J< U 0 :::I.., :tl-I'N uiII:IIIl-ll: 0II.IIIII: l-ll: :::I0U .J« Uii:1.1.0 e 1959 one in North Franklin Township in the name of Tallaricol Clare and Frankl then I took the 1963 assessment for the same townships because that's the year in which the decedent passed away.And 31 ----------.-.------------------------------------~---.. 1 except for the fact that the Assessment Office has regrouped the assessments and changed them somewhat.the same names appear and they appear in the same order for both Canton and North Franklin Townships. THE COURT: ment? MR.TERPUTAC: Do the same properties appear under that assess- Yes.As far as I can see they are the same propert es. They are regrouped. THE COURT: properties. MR.TERPUTAC: MR.PATRONO: Do you wish any figures as to the valuaHons _of thes~ I believe so. I would agree on them.I think it's irrelevant.but I won't raise an objection.But we do stipulate that these propertie:: were assessed in the manner in which Mr.Terputac has stated and we would object simply on the grounds of irrelevancy to the assess- ments.But .other than that.in other words.we will agree to what he is saying is a correct copy of the record..but reserve the irrelev ncy objection. THE COURT:Very well.Do you want to read those in the record MR.TERPUTA C:Yes.if you don't mind.1959 Canton Township Assessment Book.the names are all Clara and Frank Tallarico. I believe that I will just present a total assessment if you don't mind The first one is $900.00.The second one is $800.00.The third one is $1100.00.The fourth one.$1.000;00.The fifth one.$500.0 L supply the .cour:t later. (At the direction of the Court)off-the-record discussion was not 33 recorded by the stenographer). •MR.TERPUTAC:We will call Mrs.Maria Mauro Tallarico.She will have to be sworn and I guess the interpreter will have to be sworn. MRS.MARIA MAURO TALLARICO AND MR.ANTHONY NOTE.THE INTERPRETER ARE DULY SWOR N. (The interpreter puts the question to the witness in Italian;the witness answers in Italian and then the interpreter gives the answer in English in ' the exact words of the witness). EXAMINATION OF MRS.MARIA TALLARICO BY MR.TERPUTAC: Q Wha-:is your name ? A Maria Mauro Tallarico. Q Where do you live at the present time? A West Virginia. Q What is the name of the town? A Mont Clair)West Virginia. Q Are you the widow of Frank Tallarico? A Yes,I am. Q When did you marry Frank Tallarico? A 1960. Q Where did you marry him? l..---.l.I _ 34 A At Savelli,Italy. / Q Did you live together in Italy as husband and wife until Frank Tallarico left for the United States? He had to get all the papers arranged for me to be brought to the United States. Yes. Why did it take so long? What if anything did Frank Tallarico tell you before you were marri.e~ After six months. in Italy before you could come over? After he left to the United States,how long was it that you had to sta~ about any property he might have in the United States? « t: c:MR.PATRONO:Just a moment.This is objected to on the ground.., A Q <z<>A..J ~III Z ZIII QII. i 0t-AC>z XIII«~ ...:Qu II:t-III0 J:l-I' III that Frank Tallarico had no authority to make any statements which !Ii ffi would _bind the present petitioners.And that what he might havet-o:oQ.~said is therefore not only hearsay,but irrelevant. t-It ~THE COURT:Objection is overruled.Exception noted.u ..J< u Q (Mr.Note,the interpreter repeats the last question).What if anythihg Ll.Ll.o did Frank Tallarico tell you before you were married about any A property he might have in the United States? he He told me/had 12 houses and received $380.00 a month rent. Q Before you and Frank Tallarico were married in Italy,did the Italiar authorities require Frank Tallarico to file with them any statement ------------------.-----1 35 or affidavit about what he owned? ·1 MR.PATRONO:This is objected to for the reason that Frank Tallar co had no authority to make any statements which would affect the property rights of the Petitioners.And Jor the further reason that if some Qocument is being referred to,the document itself is the be~t Q Well,Your Honor,that knowledge mayor may not be in her possess~on. And I don't know . what she knows about the document and see if we can fix some knowledge in that manner . The obj ection is sustained unless it would appear to You could inquire;if it appears satisfactory to the evidence. the Court what reason we would have for not presenting the documen Court we will make a further ruling.You can inquire of her as to non-possession of the documentary evidence. itself at the present time.In other words,an explanation of the Tallarico got married in Italy,do you recall that the Italian authorit·es Mr.Note,I will rephrase the question.Before you and Frank THE COURT: THE COURT: UIa:IIIl0-a:() Q. IIIcr...cr' :::lo~Q 0( uii:II.o -:--:;:. .I)- 101;;;:... 1;1c. :;: C·lo-<.~ Z 1uc 3 .." L II.."e c.. L C J:I-r- !II talked about Rank Tallarico signing a document or statement or affidavit about his property? A He told me that,he showed me some papers and that's all I know about it. Q I'm going to try to rephrase this thing.Do you recall that the Italian ~-----------------------------.,-----------. 36 authorities talked about or requested Frank Tallarico to sign an affidavit that he could support you in the United States? MR.PATRONO:If the Court please,this is alll I trustl subject to our objectionl that any statements made by Mr.Tallarico,Frank Tallarico,the deceasedl are irrelevant. THE COURT: MR.PATRONO: We understand they are. There is another objection to that.He is asking her what the Italian authorities said. THE COURT:I get the import of the question to be whether or not he signed such affidavits. MR.PATRONO:Welll all right. (Mr.Notel the interpreter repeats the question):Do you recall that the Italian authorities talked about or requested Frank Tallarico to sign an affidavit that he could support you in the United States? A Yes. Q Do you know if he gave such an affidavit or document to the Italian authorities? A No,I do no:know that. Q On what day did you learnl the daYJ month and year did you learn the t Frank Tallarico had died? A I found out the 4th of Septemberl 1963. Q When you first arrived in the United States from Italy in September of 1963,did anyone see you or greet you at the airport? A There was nobody there. 37 Q Did you call anybody in Washington,Pennsylvania to come to get you? A The Consul called in Washington to come in there and get me. Q Did you try to call the house where you and Frank Tallarico had been did. A Yes. Q And did anybody answer? except it was irrelevant.If this is of her own personal activity; Just a moment.I have no objection to this question First of al:.did she call her house and talk to anybody on the phone? living? I will object to it if it's asking for hearsay as to what somebody else A Nobody answered the first time.The second call or last call Q All right.I want to ask if she called anybody and talked to anybody. MR.PATRONO: e ~ 0(>oJ>0.~ uc.!...0f- 0... w<3: .: l..' II:f-110ec', .Jc; l..' C.j ~ •I'" l' v·a:..l-ItCll... It f-a: C Qu .J< uii:lI.0 AeQ A Serafino answered the phone and said he wasn't going to have me enter the house. On what day did you finally arrive in Washington after you had landed in Pittsburgh by plane? Sixth of September. Where did you go to? Before I came to Washington the Consul took me to a hotel to stay overnight. Q Where did you get the money for these expenses? MR.PATRONO:It's objected to as irrelevant. 38 THE COURT:Objection is overruled. A The Italian Consul arranged all that. Q When you got to Washington on September 6,where did you go to liVE? A I stayed at a house of a friend called Rose Ardeno. Q From the time you first got to the United States about six months <>oJ;-D ~~~U L after you married Frank Tallarico,did you and helive together as husband and wife at his house on Weirich Avenue:? ~MR.PATRONO: l-I:) ~ THE COURT: Objected to as irrelevant. The objection is overruled. MR.PATRONO: A,.:o c: t;Q c oJ< I:) C ::l.,..I-.. Oh,.yes. Is it true that about two years after you were married you went back to Italy?. Objected to as irrelevant. Yes,I went back because I was too sick. How long did you intend to stay when you left? THE COURT: MR.PATRONO:Objected to as irrelevant. Objection is overruled. Obj ection is overruled.c THE COURT: c:UII-g A c-UIc: :=Q:>ou oJ.; U II....o MR.PATRONO:Can I just make a blanket objection to all this line of questioning so I won't have to object to each one? THE COURT:You may. A My husband told me when I went back to st~y at least one year,but in the meantime he wrote and said that he was sick. L.-.lL-_ Q While you and Frank Tallarico were married and living in the United States what did he tell you al::Dut his property in case something wou d happen to him? A He alway$'told me that I had a part in the property of his. Q Before the death of Frank Tallarico did anyone ever tell you that the property might not be his? A Nobody told me that. Q Did he ever show you a will that he made? A No.I did not see it. Q You may examine. 39 MR.PATRONO:We move that the entire testimony be stricken on the ground that.none of it is relevant. THE COURT:Motion refus ed. (At the direction of the Court,off-the-record discussion was not recorded by the stenographer). CROSS EXAMINATION BY MR.PATRONO: Q Mrs.Tallarico,you said in the last trial,did you not,that your husband and you came to my office at one time.Didn't you say that ~ A I recall,he took me to your office to get some papers to return me back to Italy. Q Are you sure of that being the reason? A Now I recall that he brought me to your office,that he wanted to hav ------------------------------..........-......."..--------.----------,..""'l1lI 40 a paper made out to give me one of his properties. Q Didn't you find out at that time that this pape r couldn't be made unle s the children agreed? A 0(Q z 0(>.J>-lI)zz~A io~Qz :tl/l0( ~ ..:u A ll:l-ll) ~Q 0( ug A... :tl-~Q I thought we were to make the papers in transferring the property, but I took sick after that. Didn't you find out at that time that no such paper could be made unless the children agreed? Yes.You said the sons would have to sign,or the children. Didn't Mr.Tallarico have with him one of these two papers when yOl came in with him? I don't remember whether he had them or not. Did he have some papers? It looks like I saw some papers . That's all. ui~MR.TERPUTAC:That's all we have,Your Honor.l-ll:oQ.~(Witness excused). l-ll::J8-MR.TERPUTAC:If Your Honor please,we rest.Do you wish filing .J< u of briefs?ii:II.o THE COURT: Patrono;? MR.PATRONO: THE COURT: Just a moment.Is there any other testimony,Mr. No.Any rebuttal?No. All right.We will close the case on testimony. ************** Testimony Completed -January 8,1965 I • 0( z 0(>oJ>-I/)z ZIII lI, i0I-0Z :t I/) 0( ~ ..:u Itl-I/)•Q oJ« u Q ;)., J: I-,... C\I I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the hearing of the above cause,and that this copy is a correct transcript 0:the same. The foregoing record of the proceedings upon the hearing of the P.J. By the Court, ~ lIiItIIIl-ItoII.~,above cause is hereby approved and directed to be filed. I-It :JoV oJ 0( Uj;:...o• ,-- N~'5J494 MELLON NATIONAL BANK AND TRUST COMPANY PITTSBURGH,PENNSYLVANIA DATE N.vember 1,1962 1 WE ACKNOWLEI:'GE RECEIPT OF INSTRUCTIONS FROM Frank Tallaric. NAME 134 Weirich Avenue,~a~hingt.n,Pennsylvania ADDRESS TO TRANSFER BY CABLE ( )AIR MA:L KJOO.SUBJECT TO THE TERMS AND CONDITIONS C'N THE REVERSE SIDE HEREOF.THE AMOUNT OF Equivalent of One thousand six hundred dollars (1,6008 00 IN WORDS-EITHER UNITED STATES DOLLARS 01:_FOREIGN CURRENCY FIGURES To AlIa ~ign.ra IVIaur.Ma:-ia TaIla.c. Vic.Garibaldi N 44 STREET Catanzar. PROVINCE NAME Savelli TOWN Italy COUNTRV AT RATE OF DOLLAR AMOUNT SERVICECH"RGE CABLE01AlR MAILCHARGE TOTAL AMOLINT RECEIVED 1,600.00 3.CO .15 1,603.15 r;~r;:llON NATIONAL BANK ,AND TRUST COMPANY mERo.AtE OFFICE -67 SENDER'S RECEIPT (NOT NEGCTI)lBLE)-AUTHORIZED SIGNAT1JRE "), '.., THE TRANSACTION ON THE FRONT SIDE HEREOF IS ACCEPTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS Mellon National Bank and Trust Company may effect the within menti2ned transfer by mail,a.r Ij'lail,telegraph,cal:le or radio to its correspondents or agents;or by means of draft or post remittan~:by Post oUice department of this or any foreign government;or by other suitable or convenient method of making payments at foreign points,as may be indicated.Mellon National Bank and Trust Company:shall endeavor to secure a receipt from the payee;but it cannot and does not underta:~e to do so.In absence of such receipt,tlotice in any form r€lce.ed by Mellon N~ion;al Bank and J:rust qompany from its corre· spondents shall,as between Mellon National Bank and Trust Company and the Sender,be conclusive proof of payment and of the performance by Mellon National Bank and Trust Company of its obligations hereunder.Mellon ~ational Bank and Tn:st Company shall,upon application by Sender,deliver the receiptof the payee when and if received. It is agreed by the Sell,der that if this transfer is expressed in a foreign currency,the transaction is a present sale of such foreign exchange,but th~t if the transfer is expressedin United States dollars,the payee.will bepaid,if possible,the equivale-:lt thereof in the local currency of the country named herein at the buying rate of the corre'spondent or agent for exchange on New York at the time of payment abroad. The Sender further agrees to a~sume all risk of less cltaaJage resultin(nrom e'-or;:delay or'Cl.aulttn transmilision )f messages by mail,air mail,telegraph,cable or radio in execution of this order,or from unsettled political conditions,or other causes beyond the control:of Mellon National Bank and Trust Company,or through failure of the paying bank or agel)CY :0 identify properly the payee in making such payment.In the event that there shall have been-no failure4:O'identif'proper:y the payee,and that payment of this order has not been effected,Mellon National Bank and Trust Conpany,on notice to that effect,shall cancel this order and,upon receiving confirmation of such cancellation,shall make refu:ld to the Sender only if and when Mellon National Bank and -Trust Company shall have received free and unrestricted reiml:wrsement in'U~ite::l States dollars from its correspondent or agent,or,in the event that this transfer is a present sale of fo~eign exchange:Mellen National Bank and Trust Company is able to dispose of the currency or exchange returned to Mellon National Bank and Trust Company by its correspondent or agent,and in the United States dollar amount which Mellon National Bank and Trust Com· pany is able to realize in,the.resale of such currency or exchange at that time,less expenses of cancelletion. :',~.~~f".).\.~.''-)./.......~. 53495 MELLON NATIONAL BANK AND TRUST COMFANY PITTSBURGH,PENNSYLVANIA 1 DATE Deosnber 4,1962 WE ACKNOWLECGE RECEIPT OF INSTRUCTIONS FROM FIGURES TOWN AUTHORIZED SIGNATUAB 30,00 ) COUNTRY $31.65 -"'''.''-.'...'·"-'.t_.~~~~ TYL~D.~tp.rr-r'''f':_"..,,",".1 Penn ay1vo.ni & Ita1.;y S&yelli THE TERMS AND CONDITIONS ON TOTAL AMOUNr RECEIVED ('r<--"""..-.-- Frank Tall ariea NAME 134 Weirich Ayenue,Washington, ADDRESS TO TRANSFER BY CABLE (>AIR ~AlL (X >,SUBJECT TO THE REVERSE SIDE HEREOF.THE AMOUNT OF I Equivalent or Thirty Dollan,Itt WORDS EITHER UNITE!:,STATES DOLLARS OR FOREIGN CURRENCY To IDa Siinora.Mauro Maria Tallarico NAME Vico Garibaldi N 44 STREET Catanzaro PROVINCE AT RATE OF DOLLAR AhOUNT SERVICE CHARGE :ABLEo.AIR MAIL CHARGE $30.00 $1.50 $.15 "j'". ••a.a•• SENDER'S RECEIPT (NOT NEGOTIABLE) , t THE TRANSACTION ON THE FRONT SIDE HEREOF IS ACCEPTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS Mellon National Bank and Trust Company may effect the within mentioned transfer by mail,air mail,telegraph,cable or radio to its correspondents or agents;or by means of draft or post remittance by post office department of this or any foreign government;or by other suitable or convenient method of making payments at foreign points,as may be indicated.Mellon National Bank and Trust Company shall endeavor to secure a receipt from the payee;but it cannot and does not undertake to do so.In absence of such receipt,notice in any form received fY Mellon National Bank and Trust Company from its corre· spondents shall,as between Mellon National Bank and Trust Company and the Sender,be conclusive proof of payment and of the performance by Mellon National Bank and Trust Company of its obligations hereunder.Mellon National Bank and Trust Company shall,upon application by Sender,deliver the receipt of the payee when and if received. It is agreed by the Sender that if this transfer is expressed in a foreign currency,the transaction is a present sale of such foreign exchange,but that if the transfer is expressed in United States dollars,the payee will be paid,if possible,the 'equivalent thereof in the local currency of the country named herein at the buying rate of the correspondent or agent for exchange on New York at the time of ,payment abroad. The Sender further agrees to assume all risk of loss or dl!lTlage resulting £i'om error,delay or default in transmission of messages by mail,air mail,telegraph,cable or radio in execution of this order,or from unsettled political ccinditions,or other causes beyond the control of M~llon Nati0I?-al Bank and Trust Company,or through failure of the paying bank or agency to identify properly the payee in making sucli payment.In the event that there shall have been no'failure to identify properly the payee,and that payment of this order has not been effected,Mellon National Bank and Trust Company,on notice to t'tat effect,shall cancel this order and,upon receiving confirmation of such cancellation,shall make refund to the Sender only if and when Mellon National Bank and Trust Company shall have received free and unrestricted reimbursement in United States dollars from its correspondent or agent,or,in the event that this transfer is a present sale of foreign exchange,Mellon National Bank and Trust Company is able to dispose of the currency or exchange returned to Mellon National Bank and Trust Company by its correspondent or agent,and in the United States dollar amount which Mellon National Bank and Trust Com- pany is able to realize in the resale of such currency or exchange at that time,less expenses of cancellation. P" N~~53497 MELLON NATIONAL BANK AND TRUST COMPANY PITTSBURGH,PENNSYLVANIA Jan 4,1963 DATE • WE ACKNOWLEDGE RECEIPT OF INSTRUCTIONS FROM Frank Tallar~co,Sr. NAME 1 134 Weirich Avenue,Washington,Pennsylvania ADDRESS TO TRANSFER BY CABLE ( )AIR MAiL (xx).SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF.THE AMOUNT OF Equivalent of thirty dollars 30.00) 11"1 WORDS EITHER UNITED STATES DOLJ.ARS OR FOREIGN CURRENCY FIGURES To AlIa Signora Mauro l\~ariCi Tallarico -I • Vico Garibaldi N 44 STREET Catanzaro PROVINCE NAME Savel:'i TOWN Italy COUNTRY AT RATE OF DOLLAR AMOUNT SERV CE CHaRGE ':ABLEOftAIR MAIL CHARGE TOTAL AMOUNT RECEIVED 30.00 1.50 .15 $31.65 TYLER'DALE OFFICE·67 SENDER'S RECEIPT (NOT NEGOTIABLE) AUTHORIZED SIGNATURI[ ,• THE TRANSACfION ON THE FRONT SIDE HEREOF IS ACCEPTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS Mellon National Bank and Trust Company may effect the within mentioned transfer by mail,air mail,telegraph,cable or radio to its correspondentsor agents;or by means of draftOlipost remittance by post office department of this or any foreign government;or by other suitable or convenient method of making payments at foreign points,as may be indicated.Mellon National Bank and Trust Company shall endeavor to secure areceipt from the payee;but it cannot and does not undertake to do so.In absence of such receipt,notice in any form receiv~by }.,1ellon National Bank and Trust Company from its corre- spondents shall,as between Mellon National Bank and Trust Company and the Sender,be conclusive proof of payment andof the performance by Mellon National Bank and Trust Company of its obligations hereunder.Mellon National Bank and Trust Company shall,upon application by Sender,deliver the receipt of the payee when and if received. It is agreed by the Serder that if this transfer is expressed1in a foreign currency,the transaction is a present sale of such foreign exchange,buUnatifthe transfer is expressed in United States dollars,the payee will be r.aid,ifpossible,the equivalent thereof in the local currency of the country named herein at the buying rate of the correspondent or agent for exchange on New York at the time of payment abroad.: The Sender further agrees to assume all risk ofloss or dAmage resulting from~rror,delay or default in tranSJPJssion of messages by mail,air mail,telegraph,cable or radio in execution of this order,or from unsettled pclitical conditions,or other causes beyond the contrql of Mellon National Bank and Trust/Company,or through failure of.the payin,g bank or agency to identify properly the payee in making such payment.In the rent that there shall have been no bilure.to identify'properly the payee,and that payment of this order has not been effect~,Mellon National Bank and Trust Company,on notice to that effect,shall cancel this order and,upon receiving confirmatioo of such cancellation,shall make refund to the Sender only if and when Mellon National Bank and,Trust Company shalll::ave received free and unrestricted reimbursement in United States dollars from its correspondent or agent,or,in the event that this transfer is a present sale of foreign exchange,Mellon National Bank and Trust Company is able to dispose of the currency or exchange returned to Mellon National Bank and Trust Company by its correspondent or agent,and in the United States dollar amount which Mellon National Bank and Trust Com- pany is able to realize in the resale of such currency or exchange at that time,less expenses of cancellation. " ,;lL· ,N9 53498 MELLON N4,TIONAL BANK AND TRUST COMPANY PITTSBURGH.PENNSYLVANIA I DATE._~F~e~b..L.~4~.~1:.£96!£,3L--__ WE ACKNOWLEDGE RECEIPT OF INSTRUCTIONS FROM FIGURES 30.00 ) TOWN E TERMS AND CONDITIONS ON TAL AMOUNT RECEIVED Savell 1 It.all $31.65 Frank Tallarico,Sr. NAME 134 Weirich Avenue,Wasb~lliton,Pennsylvania ADDRESS TO TRANSFER BY CABLE (l AIR NAIL (l.SUBJECT TO TH THE REVERSE SIDE HEREOF.THE A~Ol!NT OF Equivalent of thi.rU dollars 1'1 WORDS-EITHER UNITED STATES DOLLARS CR r·::lREIGN CURRENCY To AlIa Siinora Mauro Maria '1allarico NAME Vico Garibaldi N 44 STREET Catanzaro ~ROVINCE AT RATE OF DOLLAR AMOUNT SERVICECI'AI!GE CABLE.ftAIR MAIL CHARGE TO 30.00 1.50 .15 .~t.:,.,j••••olo L'_'••,<..,..J ••!':.~~\)':';'.\i:t.l"'iLE3UALE QFfict ,.G.I/~'t.SENDER'S RECEIPT (NOT NEGOTIABLE)1/~...,' L THE TRANSACTION ON THE FRONT SIDE HEREOF IS ACCEPTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS Mellon National Bank and Trust Company may effect the within mentioned transfer by mail,air mail,telegraph,cal:le or radio to its correspondents or agents;or by means of draft or post r~ittancebypost office department of this or any foreign government;or by other suitable or convenient method of making payments at foreign points,as may be indicated.Mell,)n National Bank and Trust Company shall endeavor to secure a receipt from the payee;but it cannot and does not underta.re to do so.In absence of such receipt,notice in any form received by Mellon National Bank and Trust 80mpany from its corte- spondents shall,as between Mellon National Bank and Trust Company and the Sender,be conclusive proof of payment and of the performance by Mellon National Bank and Trust Company of its obligations hereunder.Mellon National Bank and Trust Company shall,upon application by Sender,deliver the receipt of the payee when and if received. It is agreed by the Sender that if this transfer is expressed in a foreign currency,the transaction is a present sale of su::h foreign exchange,butthat ifthe transferis expressed in United States dollars,the payeewill bepaid,ifpossible,the equivalent thereof in the local currency of the country named herein at the buying rate of the correspondent cr agent for exchange :m New York at the time of payment abroad. The Sender further agrees to assume all risk of loss or damage resulting from error,delay or default in transmission of messages by mail,air mail,telegraph,cable or radio in execution of this order,orfrom unsettledpoUical conditions,or other causes beyond the control of Mellon National Bank and Trust Company,or through failure of the paying bank or agency to identify properly the payee in making such payment.In the event that there shall have been no failure to identify properly the payee,and that payment of this order has not been effected,Mellon National Bank and Trust Company,on notice to l~at effect,shall cancel this order and,upon receiving confirmation of such cancellation,shall make ref.md to the Sender onh if and when Mellon National Bank and Trust Company shall have received free and unrestricted reimbursement in Uni~ed States dollars from its correspondent or agent,or,in the event that this transfer is a present sale of breign exchange,Meron National Bank and Trust Company is able to dispose of the currency or exchange returned to Mellor..National Bank and Trust Company by its correspondent or agent,and in the United States dollar amount which Mellon Natiooal Bank and Trust Com- pany is able to realize in the resale of suchcurrencyor exchangeat that time,less expensesof cancenation. 1--------------------- 53499 MELLON Nl\TlONAL BANK AND TRUST COMPANY PITTSBURGH,PENNSYLVANIA I DATE,_Y._-ar_Ih_~5,~1...:..9...:..:6'~__ WE ACKNOWLEDGE RECEIPT OF INSTRUCTIONS FROM Frank Tallari••Sr., NAME 134 Weirich Avenue,Was:'1incton,PennsYl qn1a ADDRESS TO TRANSFER BY CABLE (>AIR MAIL (XX >,SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF,THE AMOUNT OF EquiTalent of thirty dollars 30.(0) IN WORDS-EITHER UNITED STATES DOLLARS OR FOREIGN CURRENCY FIGURES To A1la Sicn.ra Mauro Maria Tallarie.., NAME Vieo Garibaldi N 44 STREET CatanzarG PROVINCE Savell1 TOWN Italz COUNTRY AT RATE OF DOLLARAMOUNT SERVICECHARtaE CABLEooAIR MAIL CHARGE TOTAL AMOUNT RECEIVED 30.00 1.50 .15 31.65~a ___... T':,.•.:~1 •~~"'::'."':"oil ,".........',.i ..I'• SENDER'S RECEIPT (NOT NEGOTlABLE)=-.AUTHORIZED SIGNATURE THE TRANSACTION ON THE FRONT SIDE HEREOF IS ACCEPTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS Mellon National Bank and Trust Company may effect the within mentioned transfer by mail,airmail,telegraph,cai:le or radio to its correspondents or agents;or by means of draft or_post remittance by post office department of this or any foreign government;or by other suitable or convenient method of making payments at foreign points,as may be indicated.Mellon National Bank and Trust Company shall en<;leavor to secure a receipt fro!ll the payee;but it cannot and does not underta"{e to doso.In absence of such receipt,notice in any form received by Mellon Nationat Bank and Trust :::Ompany from its corre· spondents shall,as between Mellon National Bank and Trust Company and the Sender,be conclusive proof of payment andof the performance by Mellon National Bank and Trust Company of its obligations hereunder.Mellon National Bank and Trust Company shall,upon application by Sender,deliver the receipt of the payee when and if received. Itis agreed bythe Sender that if this transfer is expressed in a foreign currency,the transaction is a present sale of su;h foreign exchange,but thpt if the transfer is expressed in United States dollars,the payee will be paid,Cpossible,the equivalent thereof in the local currency of the country named herein at the buying rate of the correspondent cr agent for exchange "m New York at the time of payment abroad. The Sender further agrees to assume all risk of loss or cmtn~ge resulting frdriJ.error,delay or default·in transmission of messages by mail,air mail,telegraph,cable or radio in execution of this order,or from unsettled poI:tical conditions,orotl:er causes beyond the control of Mellon National Bank and Trust Company,or through failure of ~epaying bank or agency to identify properly the payee in making such payment.In the event that there shall have been no fa~lure to identify prope~ly the payee,and that payment of this order has not been effected,Mellon National Bank and Trust Ccmpany,on notice to that effect,shall cancel this order and,upon receiving confirmation of such cancellation,shall make refund to the Sender only if and when Mellon National Bank and Trust Company shall have received free and unrestricted reimbursement in United States dollars from its correspondent or agent,or,in the event that this transfer is a present sale of foreign exchange,Mellm National Bank and Trust Company is able to dispose of the currency or exchange returned to Mellon National Bank and Tr:Jst Company by its correspondent or agent,and in the United States dollar amount which Mellon Natio::J.al Bank and Trust Can· pany is able to realize in the resale of such currencyor exchangeat that time,less expenses of cancellation. Nt}'53500 MELLON NATIONAL BANK AND TRUST COMPANY PITTSBURGH,PENNSYLVANIA 1 DATE April 5.1963 AUTHORIZED SIGNATURE Italy Savelli (30.00 ) 31.65 TOWN COUNTRY !fEtlOr.iUTi JIUl r~:.~K A~O T~l CO. TYLE,;lDAL::LIFFICE 995 JEFFERSON hVE. WASHINGTON,PENNSYI,.VANIA ~;b&->'- AIL CHARGE TOTAL AMOUI'oT RECEIVED co Sr. RENCY FIGURES UBJECT TO THE TERMS AND CONDITIONS ON OF INSTRUCTIONS FROM hiJ1iton.PennsyJ vani a s WE ACKNOWLEDGE RECEIPT Frank Tallari NAME 134 Weirich A,renue,Was ADORES TO TRANSFER BY CABLE (>AIR NAIL (xx >.S i THE REVERSE SIDE HEREOF,THE AMCUNT OF Eguivalent of thirty doJ ]ars IN WORDS EITHER UNITED STATES DOLLARS CR FOREIGN CUR To Alia Sifnora Mauro Maria T9.11arico NAME Vico Garibaldi N44, STREET Catanzaro PROYINCE AT RATE OF DOLLAR AMOUNT SERVICE CHA2GE CABLE••AIR lit 30.00 1.50 .15 • SENDER'S RECEIPT (NOT NEGOTIABLE). THE TRANSACTION ON THE FRONT SIDE HEREOF IS ACCEPTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS Mellon National Bank and Trust Company may effect the within mentioned transfer by mail,a:r mail,tel~graph,cal:le or radio to its correspondents or agents;or by means of draft or post remittance by post office department of this or any foreign government;or by other suitable or convenient method of making payments at foreign points,as may be indicated.Mellon National Bank and Trust Company shall endeavor to secure a receipt from the payee;but it cannot and does not underta,ce to do so.In absence of such receipt,notice in any form received by Mellon National Bank and Trust 80mpany from its cone- spondents shall,as between Mellon National Bank and Trust Company and the Sender,be conclusive proof of payment and of the performance by Mellon National Bank and Trust Company of its obligations hereunder.Mellon Nqtional Bank and Trust Company shall,upon application by Sender,deliver the receipt of the payee when and if received. It is agreed by the Sender that if this transfer is expressed in a foreign currency,the transaction is a present sale of su::h foreign exchange,butthat if the transfer is expressed in United States dollars,the payee will bepaid,if possible,the equivale-nt thereof in the local currency of the country named herein at the buying rate of the correspondent cr agent for exchange :>n New York at the time of payment abroad..l The Sender further agrees to assume all risk of loss or damage resulting from error,delay or default in transmission of messages by mail,air mail,telegraph,cable or radio in execution of this order,or from unsettled poLtical conditions,or ofrer causes beyond the control of Mellon National Bank and Trust Company,or through failure of the p:lying bank or agency to identify properly the payee in making such payment.In the event that there shall have been no failure to identify prope~ly the payee,and that payment of this order has not been effected,Mellon National Bank and Trust Company,on notice to tlat effect,shall cancel this order and,upon receiving confirmation of such cancellation,shall make rebnd to the Sender onl~if and when Mellon National Bank and Trust Company shall have received free and unrestricted reimbursement in United States dollars from its correspondent or agent,or,in the event that this transfer is a present sale of breign exchange,Mellon National Bank and Trust Company is able to dispose of the currency or exchange returned to Mellon National Bank and Tr .lst Company by its correspondent or agent,and in the United States dollar amount which Mellon National Bank and Trust Con- pany is able to realize in the resale of such currency or exchange at that time,less expenses of cancellation. N?15552 MELLON NATIONAL BANK AND TRUST COMPANY FOREIGN DEPARTMENT MELLON SQUARE PITTSBURGH 3D,PENNSYLVANIA 1 DATE_M_a--"'1'---6.....,_l.....:9'--'6=~'---_ WE ACKNOWLEDGE RECEIPT OF INSTRUCTIONS FROM Frank Tallarico Sr. NAME FIGURES COUNTRY TOWN (30.00 Savell! Italy MElLOtJ fJATIOUAL !M1X Mm TRUST ~ TYLERiJA!.E OFFICE .995 JEt=FERSON AVE. WASHINGTcN,PENNSYLVANIA~~A~".m"", L CHARGE TOTAL AMOUNT RECEIVED BJECT TO THE TERMS AND CONDITIONS ON ENCY 134 "leirich Avenue Washirurton Permsyr/-:.l""-'v..."ani""""'a...._J , ADDRESS TO TRANSFER BY CABLE <>AIR MAIL <XX>,SU THE REVERSE SIDE HEREOF,THE AMOUNT OF Equivalent of:.thirty dollars IN WORDS EITHER UNITED STATES DOLLARS OR FOREIGN CURR To Alia Sienora Mauro Maria Tallaric. NAME Vieo Garibaldi N 44 STREET Catanzaro PROVINCE AT RATE OF DOLLAR AMOUNT SERVICECHARGE CABLEOR AIR MAl 30.00 1.50 .15 SENDER'S RECEIPT (NOT NEGOTIABLE) THE TRANSACTION ON THE FRONT SIDE HEREOF IS ACCEPTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS Mellon National Bank and Trust Company may effect the within mentioned transfer,by mail,air mail,telegraph,cable or radio to its correspondents or agents;or by means of draft or post'fE3mittance bypost offiCe department of this or any foreign government;or by other suitable or convenient method of making payments at foreign points,as may be indicated.Mellon National Bank and Trust Company shall endeQ.vor to secure a receipt.from the.payee;but it cannotand,does not\ITldertake to do so.In absence of such receipt,notice in'imy form re'ceived by'Menon National Bank ana TruEt Company from its corre- spondents shall,as between Mellon National Bank and Trust Company and the Sender,be conclusive proof of payment and of the performance by Mellon National Bank and Trust Company of its obligations hereunder.Mellon National Bank and Trust Company shall,upon application by Sender,deliver the receipt 'of the payee when and if received. Itis agreed by the.Senel.er that if this transfer is expressed'i~a foreign currency,the tran~acti~is a presentsale of such foreign exchange,butthat.i£fue transfer is expressed in United States dollars~'the payee willbepaid,ifpoSsible,,the equivalent thereof in the local currency of the country named herein at the buying rate of the correspondent or agent for exchange on New York at the time of payment abroad.~',.,r - ,....cr",",,('. .-r The Sender further agrees to assume all risk of loss or dad!age resulting from error,delay or default in transmission of messages by mail,air mail,telegraph,cable or radio in execution of this order,or from unsettled political conditions,or other causes beyond the control of Mellon'National Bank and Trust Company,or through failure :of the peying bank or agency to identify properly the payee in making such payment.In the event that there shall have been no failure to identify properly the payee,and that payment of this order has not been effected,Mellon National Bank and Trust Company,on notice to that effect,shall cancel this order and,upon,receiving confirmation of such cancellation,shall make refund to tb.e~Sender.'only if and when Mellon National Bank and Trust'Company shall have received free and unrestricted reimbursement in United States dollars from its correspondent or agent,or,in the event that this transfer is a present sale of foreign exchange,Mellon National Bank and Trust Company is able to dispose of the currency or exchange returned to Mellen National Bank and Trust Company by its correspondent or agent,and in the United States dollar amount which Mellon National Bank and Trust Com- pany is able to realize in the resale of such currency or exchange at that time,less expenses of cancellation.-,r~~r )'I "~:::'0~'_p_..:__+,1-~.I__ J N?.15553 MELLON NATJONAL BANK AND TRUST COMPANY FOREIGN DEPARTMENT MELLON SQUARE PITTSBURGH 30,PENNSYLVANIA' 1 DATE----=-Jun....;.'-"-e----::5.LI_l-'9'-6-=-~_ WE ACKNOWLEDGE RECEIPT OF INSTRUCTIONS FROM Frank Tallarieo Sr. NAME 134 Weirich Ayenue Washincton"PermqlTania ADDRESS TO TRANSFER BY CABLE )AIR MAIL (XX),SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF,THE AMOUNT OF Equ1"Alent of tbirtr dollars '0.00) IN WORDS EITHER UNITED STATES DOLLARS OR FOREIGN CURRENCY FIGURES To Alla Sicnora Mauro Maria cTallariC4t. NAME Vico Garibaldi.N 44 STREET CatanzarO .PROVINCE Savelli TOWN Ital7 COUNTRY AT RATE OF DOLLAR AMOUNT SERVICE CHARGE :ABLEOR AIR MAIL CHARGE TOTAL AMOUNT IRECEIVED. 30.00 1.50 .15 3J:.~5 SENDER'S RECEIPT (NOT NEGOTIABLE) MEllON NATlmUl BANK MD iRI)ST CO. TVLERDALE OFFICE 995 JEFFERSON AVE, WASH1 NGTON,'PENr'SVlVANlA.~~j~"U""' ,' THE TRANSACTION ON THE FRONT SIDE HEREOF IS ACCEPTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS Mellon National Bank and Trust Company may effect the within wentioned'transfer by mail,.air mail,telegraph,cable or radio to its correspondents or agents;or by means of draft or post remittance by post office department of this or any foreign government;or by other suitable or convenient method of making payments at foreign points,as may be indicated.Mellon National Bank and Trust Company shall endeavor to secure a receipt from the payee;but it cannot and does not undertake to do so,In absence of such receipt,notice in any form receiv~d by Mellon National Bank and Trust Company from its corre- spondents shall,as between Mellon National Bank and Trust Company and the Sender,be conclusive proof of payment and of the performance by Mellon National Bank and Trust Company of its obligations hereunder.Mellon National Bank and Trust Company shall,upon application by Sender,deliver the receipt 6f the payee when and if received. It is agreed by the Sender that if this transfer is expressed in a foreign currency,the transtlction is a present sale of such foreign exchange,but that if the transfer is expressed in United States dollars,the payee will bepaid,if possible,the equivalent thereof in the local currency of the country named herein at the buying rate of the correspondent or agent for exchange on New York at the time of payment abroad.('."...".'- The Sender further agrees to assume all risk of loss or damage resulting from error,delay or default in transmission of messages by mail,air mail,telegraph,cable or radio in execution of this order,or from unsettled political conditions,or other causes beyond the control of Mellon National Bank and Trust Company,or through failure of the payirtg bank(Gr agency to identify properly the payee in making such payment.In the event that there shall have been no failure to identify properly the payee,and that payment of this order has not been effected,Mellon National Bank and Trust Company,on notice to that effect,shall cancel this order and,upon receiving confirmation of such cancellation,shall make refund to the Sender only if and when Mellon National Bank and Trust Company shall have received free and unrestricted reimbursement 'in United States dollars from its correspondent or agent,or,in the event that this transfer is a present sale of foreign exchange,Mellon National Bank and Trust Company is able to dispose of the currency or exchange returned to Mellon National Bank and Trust Company by its correspondent or agent,and in the United States dollar amount which Mellon National Bank and Trust Com- pany is able to realize in the resale of §~ch currency or exchangl?at that time,less expe~ses of cancellation....' 1FOREIGNDEPARTMENT MELLON SQUARE PITTSBURGH 30,PENNSYLVANIA DATE_J_Ul7__,_,_19_6_3 _ MELLON NATIONAL BANK AND TRUST COMPANY 15'554N? WE ACKNOWLEDGE RECEIPT OF INSTRUCTIONS FROM DITIONS ON ES ~f1:9IGNATURE Frank Tallarico Sr. NAME 134 Weirich Avenue \'lash1n:ton,Pennsylvania ADDRESS TO TRANSFER BY CABLE ()AIR MAIL ~xx),SUBJECT TO THE TERMS AND CON THE REVERSE SIDE HEREOF,THE AMOUNT OF Equivalent of Thirty Dollars (30.00 IN WORDS EITHER UNITED STATES DOLLARS OR FOREIGN CURRENCY FIGUR ToAlia Si~nora Mauro Maria Tallarico NAME Vico Garibaldi N 44 Savell! STREET TOWN CatanzaN Italy PROVINCE COUNTRY AT RATE OF DOLLAR AMOUNT SERVICE CHARGE CAaLEORAIR MAIL CHARGE TOTAL AMOUNT RECEIVED ,~ ,30.00 1.50 .15 31.6, J f~~;d~. SENDER'S RECEIPT (NOT NEGOTIABLE) •AUT '. THE TRANSACTION ON THE FRONT SIDE HEREOF IS ACCEPTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS I .i I Mellon National Bank and Trust Company may effect the within mentioned transfer b¥mail,air"rpail;telegraph,cable or radio to its correspondents or agents;or by means of draft or post remittance by post office department of this or any foreign government;or by other suitable or convenient method of making payments at foreign points,as may be indicated,Mellon National Bank and Trust Company shall endeavor to secure-a receipt from·the payee;but it can!1Ot'and 'does not undertake to do so,In absence of such receipt,notice in any forin received J§y Mellon National Bank and Trmt Company from its corre- spondents shall,as between Mellon National Bank and Trust Company and the Sender,be conclusi'.e proof of payment and of the performance by Mellon National Bank and Trust Company of its obligations hereunder.Mellen National Bank and Trust Company shall,upon application by Sender,deliver the receipt of the pa~ee when and if received. It is agreed by the Sende~that if this transfer is expressed in a foreign currel).cy,the trans,!ction is.a present sale.of such foreign exchange,but thaWthe transfer is expressed in United States dollars,the payee will be paici,ifpossible,the equivalent thereof in the local currency of the country named herein at the buying rate of the correspondent or agent for exchange on New York at the time of payment abroad."_,. . The Sender further agrees to assume all risk of loss or dam;g~i~~~ltlng from ~rr~r,dela~'or default in transmission of messages by mail,air mail,telegraph,cable or radio in execution of this order,or from unsettled I=olitical conditions,or other causes beyond the control of Mellon National Bank and Trust Company,or through failure of the payjng Dank orage'ncy to identify properly the payee in maki'ng such payment.In the event that there shall have been no failure to identify properly· the payee,and that payment of this order has not been effected,Mellon National Bank and Trust Sompany,on notice to that effect,shall cancel this order and"upon receiving confirmation of such cancellation,shall make refund to<!he Sender only if and when Mellon National Bank and Trust Company shall have received free and unrestricted reimbursement in United States dollars from its correspondent or agent,or,in the event that this transfer is a present sale of foreign exchange,Mellon National Bank and Trust Company is able to dispose of the currency or exchange returned to Mellon National Bank and Trust Company by its correspondent or agent,and in the United States dollar amount which Mellon National Bank and Trust Com- pany is able to realize in the resale of such currency or exchange at that time,less expenses of cancellation...'...- I !!i~~~~:::"":::~:...::::....~~~~-,--:r;-~~t..------"10DCiolmollar~D '-+#~~::=S::::~~~~----r~::;:::;;;;:::t-~~¥' N?·15558 MELLON NATIONAL BANK AND TRUST COMPANY FOREIGN DEPARTMENT MELLON SQUARE PITTSBURGH 30,PENNSYLVANIA 1 DATE_..ZJAu.']"eglr']L;;;Su.tL.....IJ8~,_1......9u;63,;J---_ WE ACKNOWLEDGE RECEIPT OF INSTRUCTIONS FROM Frank 'Tallarico Sr. NAME ADDRESS Washington,Pennsyl'rania134WeirichAvenue TO TRANSFER BY CABLE ( )AIR M.&.IL C xx!,SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF,THE AMOUNT OF (30 00 ,FIGURES To Alia Siinora Mauro Maria Tall ax';co :' NAME Vi co GaM hal di N 44 STREET Savelli TOWN Catanzaro PROVINCE AT RATE OF DOLLAR AMOUNT SERVICECHARGE CABLEOR AIR MAIL-CHARGE TOTAL AMOUNT RECEIVEO 30.00 1.50 .15 31.65 ,' SENDER'S RECEIPT (~OT NEGOTIABLE)-6~d:,{.-1f#;,""","". I ' -------------_._-----; .~... THE TRANSACTION ON THE FRONT SIDE HEREOF IS ACCEPTED SUBJECT TO THE FOLLOWING : TERMS AND CONDITIONS Mellon National Bank and Trust Company may effect the within mentioned transfer by mail•.air mail;telegraph,cable or radio to its correspondents or agents;or by means of draft or post remittance by post officetlepar:ment of this or any foreign government;or by other suitable or convenient method of making payments at foreign points,as may be indicated.Mellon National Bank and Trust Company shall endeavor to secure a receipt from the payee;but it cannot and does not undertake to do so.In absence of such receipt,notice in any form-received by<.Mellon National Bank and Trust Company from its corre- spondents shall,as between Mellon National Bank and Trust 'Company and the Sender,be conclusive proof of payment and of the performance by Mellon National Bank and Trust Company of its obligations hereunder.Melbn National Bank and Trust Company shall,.upon application by Sender,deliver the receipt of the payee when and if received. Itis agreed by the Sender that if this transfer is expressed in a foreign currency,the transaction is a present sale of such foreign exchange,but thatif the transfer is expressed in United States dollars,the payee will be paid,if possible,the equivalent thereof in the local curren~y of the country named herein althe buying rate of the correspondent or agent for exchange on New York at the time of payment abroad. The Sender further agrees to assume all risk of loss or damag~resulting fro~-error,Belay or default i~trans~ission of messages by mail,air mail,telegraph,cable or radio in execution of this order,or from unsettled political conditions,or other causes beyond the control of Mellon National Bank and Trust Company,or through failure of fr.e paying.bank or agency to identify properly the payee in making such payment.In the event that there shall have been no failure-to identify properly the payee,and that payment of this order has not been effected,Mellon National Bank and Trust Company,on notice to that effect,shall cancel this order and,upon receiving confirmation of such cancellation,shall make refund to the Sender only if and when Mellon National Bank and Trust Company shall have received free and unrestricted reimbursement in United States dollars from its correspondent or agent,or,in the event that this transfer is a present sale of foreign exchange,Mellon National Bank and Trust Company is able to dispose of the currency or exchange returned to Mellon National Bank and Trust Company by its correspondent or agent,and in the United States dollar amount which Mellon l':ational Bank and Trust Com- pany is able to realize in the resale of such currency or exchange at that time,less expenses of cancellation. In 'the Orphan's Court ~f -'Wa~~ing~on County,Pa. EXhibit...8.':.~. Da~e......q,~.1.9.':Y ..~acqueJtne mmond,Official Stenograp:~cr