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Home My WebLink AboutOC1968-1343 - ESTATE OF DIETZC!~ 1'-/J,f'-' . • . . .· .. Affi~auit ®f fxrrutnr wr :Abministrntnr ·' t;tatr nf Jruuayluauia, C!Lnuuty nf 1llllaaqiugtou ~ 59: Personally before me, the undersigned authority, a. .............. no.t.ar..}':.: .. p.ub.li~ .................... ..in and for s~d. County and State, appeared ....... Ado.lph. ... L ....... Zem.a.n ........................................................................... who, being duly· sworn according to law, deposes and says that he is the executor df~ of the estate of ........................... A.'\lgust .... Die:tz., ..................................................... deceased, that the foregoing schedules .constitute-a complete inventory and appraisement of the real and personal estate of ....... s.aid .................... , .. : ....................... ; ... :: ... ,· deceased, except real estate outside the Commonwealth of Pennsy, vania; that the figures· opposite each item . . of real .anq _personal estate in the foregoing schedules are det mined and stated by the undersigned to - .~·:be .the fair'v:alb,_e of said items as of the date of the decedent's de th, based upon a ju a praisement of each item made by_t1f~above named Executor ~~. · . · · " ,,,·,-. . ~ d · · · Sw·orn and -~'!J-bscribed before me this ......... ~ .......... : l '•'-' 6.8 ~ .. · .. :: ..... .-N~.Y:~.m~ ............ 19..... ..... .. ................................. E.~~~~·~~~ ..................... :.; ............. ; ~~~0n~~~~ptf;6~ii:··iNsTJi.UCTJQN§ .·. · · .:.· · .······· : '·. .· l. An mventory must be filed within threW~o~ffiYilMte~t>infM~f6fl:{krsonal r present; ive .. 2. A supplemental inventory must be filed within thirty days of discovery of additio 1 asset . 3. 1 Original and 2 Copies and 2 RCRI-34, Under $10,000; 1 Original and 2 Copie 2 RCRI-33, Over $10,000, -including Copy of Will; 1 Original and 3 Copies and 2 RCRI-33, Over. $50,000, .i~-- cluding Copy of Will and copy of Federal Estate Tax Return. · REFERENCE FOR ADDITIONAL COPY Act of 1947 P._L. 513 Sec. 5.2, 72 P. S. · 4844.2 lluueutnry aull P.pprai.aement of the goods an¢ chattels,. rights and credits which were of ................. .A..u.§ust .... D.;i..e.t.z ...................................... ~ .. Jate of ......... G.anans.bur..g.,. ...................... : .... ~ ... , .......... : ........ :;: . Washington County, Pa., taken and made in conformity with the above affidavit. PERSONALTY Household furniture Deposit in Mellon National Bank, Canonsburg Office Refund Bankers Life and Casualty Co. Total Pers?nalty REALTY All that certain lot of ground situate in the Second Ward of the Borough of Cano'nsburg, Washington County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING on the south side of Pike Street at a point 2 inches west of the northwest corner of land of Harsha Heirs; thence by land of Harsha Heirs South 11° East 80.1 feet to a 15 foot alley; thence by said alley South 75-3/46 -West 34.6 feet to line 'of property now. of Celento; thence' by DOLLARS CENTS 201 50 .437 16 18 47 657 13 said Celento lot -·North 14!0 West 80 fe-et to Pike Street; thence on said street North 75-3/4° ~ast 39.2 feet to the place o_f beginning. 35,000 00 · Total Realty Total 35,657 13 .t /• /~ .. 1 :;>(,.<!>, I ,, ,r q .. , I t 1~J>_/1V~ 1378 fi~~ Inventory and Appraisement IN THE ESTATE OF .................. 1.\.U.QJJ.g.J:' .... D.l.ET.Z ......................................... . '\ .·:· -Filed .................................................................. , 19 ... 6.8. ;-:-., i:"~ ... ) ·I -. . ; ) ", -.~-:: (r,'0 '"---"-' t' ~ ,, ( ' ..... I • ? '~ •s 0 ._ ZEMAN AND ZEMAN --- . ,· 0 , . ZEMAN LAW BUILDING :CANONSBURG,. PA • ..,.9 1~ ~. "'"' ll-' .·. -; ' •· ~. _-:. ,,. ..... "'= , ~" . ' .. t' ·'4. i! .•J " ) , ~ -----------· r-l~ ~8-~ <i-:-JAif0 -. I No. of 1969 IN RE: ESTATE OF AUGUST DIETZ, Deceased PETITION ORDER OF COURT f}J ~-e:rs -• ~ '"':'r 1 >_ ... ~ ~ t.o --(J'J (i;) r;: :::e ~ ;:c;; .,...,. (/) t::=) r 1 ~ :::: "' tC: ~:., ,..,f ;21 -rr-, ~;;;J...... c......t 0 . f..._, .,;.. 0 ~ ~--=n::r: -o ~ ~ _(\O__.p :::; '\9 " r ;::;>, ~ ~ ~ ~r I~ fy~ ~ ":> ~ '\) "J 't--~ ~ ~ ' ,......., -t" «::::;) A' r. i ZEMAN 8c ZEMAN \' 'f.l:L LAWYERS ZEMAN LAW BUILDING ~~;ANJ;jG·;y \ J -----I \ i' ~ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF No. of 1969 AUGUST DIETZ, Deceased / PETITION OF EXECUTOR FOR LEAVE TO PURCHASE UNDER SECTION 54.6 OF THE FIDUCIARIES ACT OF 1949 TO THE HONORABLE, THE JUDGES OF SAID COURT: -The Petition of Adolph L. Zeman and Bernadine P. Zeman, his wife, of the Borough of Canonsburg, Washington County, Pennsylvania, respectfully represents: 1. August Dietz, a resident of the Borough of Canonsburg, died testate on October 9, 1968, leaving his Last Will and Testament dated August 2, 1963, probated in the Office of the Register of Wills { I of Washington County, Pennsylvania, in Will Book 106 page 1/!J Letters Testamentary were thereupon granted to Adolph L. Zeman, one of your petitioners herein, by the Register of Wills of Washington County, Pennsylvania. A copy of said Last Will and Testament is hereto attached and marked Exhibit "A." 2. The devisees and legatees of said decedent and their respective addresse~.are as fo~lows: Amelia Dietz, 21 West Pike Street, Houston, Pa. Methodist Episcopal Church, Canonsburg,,-Pa. Canonsburg General Hosp~tal,1 Canonsburg, Pa. Jennie Chamar, 62 West Pike Street, ·Canonsburg, Pa. Klara· Schneider, Gangloff, Germany. ·. . l ., Ernst Dietz, Gangloff, Germany Gerhard Naubrech, Finkenbach, Germany Ernest Dietz, 21 West Pike· Street, Houston, Pa. Gustave H. Dietz, R. D. #1, Canonsburg, Pa. Helen Dietz Podrasky, 225 Belmont Avenue, Canonsburg, Pa. Amelia Dietz (Ayers) Plesz, 128 Charles Street, Washington, Pa. Henry.-Dietz, 221 Vine Street, Canonsburg, Pa. Herman Dietz, 223 Thornwood Drive, Canonsburg, Pa. August Dietz, 2029 Lisle Avenue, Columbus, Ohio 43207 ' Emily Dietz Milleville, 2302 Niagara Road (Bergholtz) Niagara Falls, New York 14304 3. All of said devisees and legatees are sui JUr1s_.': .-':··~·:., Henry Dietz, a/k/a Henry J. Dietz, one of the devi~ees, has died since the death of August Dietz,on July 5, 1969, survived by his wife, Naomi Carter Dietz; two sons, Henry J. Dietz, Jr. and David E. Dietz of Canon~~urg,_ Pa.; ~hree daughters, Mrs. Amelia Alling of Syracuse, New York; Mrs. Diana Alderson, Meadow Lands, Pa. and Mrs. Virginia Walker, of Chicago, Illinois. 4. Claims have been made by the following creditors: Herman Dietz of Canonsburg; Pa. Dr. A. A. Hudacek of Canonsburg, Pa., whose claim is disputed. Jennie Chamar McKnight of Canonsburg, Pa., whose claim is disputed. School District of the Borough of Canonsburg, Ps. 5. The only real estate of which the decedent died seized . . . and which is proposed to be sold hereunder is described as follows: ALL that certain lot of ground situate in the Second Ward of the Borough of Canonsburg, Washington County, Pennsylvania, more particularly bounded and described as fo·llows, to wit: BEGINNING on the south side of Pike Street at a point ·2 inches west of the northwest corner of land of Gowern Heirs; thence by land of Gowern Heirs South 11° East 80.1 feet to avl5 foot alley; thence by said alley -2- \ South.75~3/4° West 34.6 feet to line of property now of·Celento; thence by said Celento lot North 14-1/4° Wes·t 80 feet to Pike Street;· thence on said. street North 75-3/4° East 39.2 feet to the place of beginning. The said real estate consists of a two-story brick building, the first floor of which is occupied by two tenants and the second floor is vacant. 6. The assessed valuation of said property is $15,600.00. 7. Attached·hereto, and marked·Exhibit "B" is an-appraisal by Francis J. Buckley and Ernest T. McNary, real estate brokers, having their places of business in the Borough of Canohsburg, upon which they have placed an appraisal price of $30~000.00. 8. An Inventory has been filed in this Estate, a copy of which is attached hereto·and marked Exhibit 11C.". 9. There are no liens of re~ord against the said property. 10. Adolph L. Zeman, who is the Executor of the Estate of August Dietz, and Bernadine P. Zeman, his wife, of ~he Borough of Canonsburg, Pennsylvania, desire to purchase the aforesaid real estate and for the price of $30,000.00, payable in cash upon consumma- tion of the sale by this Court; that such price is greater than can be obtained at a public sale. WHEREFORE, your petitioners P,r.C3:_y for the approval of the sale to them upon the terms set forth in this Petition and further pray that t~e Court make an Order directing that the Clerk of the Orphans' Court Division of the Court of Common Pleas of Washington County, · Pennsylvania, execute and deliver a de to them. AND they will ever pray, et • -3- CO~~ONWEALTH OF PENNSYLVANIA COUNTY OF VvASHINGTON ss: Personally appeared before me, the undersigned authority, ADOLPH L. ZEMAN and BERNADINE P. ZEMAN, his wife, who, being duly sworn according to law, depose and-say that the facts ~et forth in the foregoing Petition~are true and correct to the best of their knowledge, ·information and belief. Sworn to and subscribed before me this llth ' - . day· of',~~Py'~ember, 1969 ~'~~ \ f, r• 111 Mrs. Mary?'"-P. Zeman, Notary Public .... ,_ Canonss~~g, Washington County, Pa. My Commrssion Expires June 26·, 1971 • ' ...• ;.-...,.,_..,"1,_,. •• ,..-ry'!~'-~''!?:"t'!:"•y~=-":""-' ... --..•. '~~·~·~···~-··~·~~~~--~~~~~~· LAST WILL AND TESTAMENT · KNOW ALL MEN BY THESE PRESENTS, That I, AUGUST DIETZ, of the Bo±!ough of Canonsburg, washingt.on County, Pennsylvania, ' being of sound mind and memory, do make, publish and declare this as and for my Last Will·and Testament, h~reby revoking an~ making null·-and void all wills ·or writings in the nature there~f, or any codicil thereto, by me at any time heretofa>re made. 1. ·I direct· the payment of all iny just debts, funeral expenses and inheritance taxes as soon as convenient after my decease .• 2. I give and bequeath all of my household goods, furniture and jewelry to Amelia Dietz, wife .of my brother, Ernest Dietz,. to dispose of as she sees fit. 3. I direct my executor hereinafte~ named to sell any real estate of which I may die s~ized at public or private sale, .. for such price and upon such terms as are determined to be to the best interest of my estate; and the proceeds from the sale of said real estate shall form part of my residuary estate. 4. All the rest, residue and remainder of my estate I give and bequeath as follows: A. Seven (7%) per cent thereof to the Methodist Episcopal Church, West Pike Street, Canonsburg, Pennsylvania, in memory of my late beloved wife, Louise Dietz. B. Five (5%) per cent thereof to the canonsburg General Hospital Association of Canonsburg, Pennsylvania, in memory of my late beloved wife, Louise Dietz. c.· Thirteen (13%) per cent thereof to Jennie Chaniar EXHIBIT "A"· I ·,· 1 J j ' i ' I '· . " :: ·•P:-4? q.g;;e:w . D. Five (5%) per·cent thereof to my niece, Klara Schneider, of Gangloff, Pfaltz, Germany. E. Fifteen (15%). per cent thereof to my nephew, Ernst Dietz, son of my deceased brothei> Albert., of Gangloff, Pfal tz., Germany. F. Five (5%) per cent thereof to my nephew, Gerhard· Naubreoh, of Finkenbach, Germany. G. Ten {10%) per cent thereof to my brother, Ernest Dietz, of Houston, p'ennsylvanfa. H. Ten .{10%) per cent thereof to my brother, Gustave H. Dietz, of C.anonsburg, Pennsylvania: •. I. Five (5%) per cent thereof to my niece, Helen Dietz Podrasky, daughter .of my brother, Gustave H. Dietz. J. Five (5%) per cent thereof to my niece, Amelia Dietz Ayers, daughter of my brother, Gustave H. Dietz. K. 'Five (5%) per cent thereof to ·my nephew, Henry Dietz, son of my. brother, Ernest Dietz. L. Five (5%) per cent .thereof to my nephew, Herman Dietz, son of my brother, Ernest Dietz. M. Five (5%) per cent thereof to my nephew, August Dietz, son of my brother, Ernest Dietz_ •. N. Five· (5%) per cent thereof to my niece, Emily -Dietz Milleville, daughter of Ernest Dietz. . 5. In the event of the death of any of the aforesaid legatees prior to my death, such bequest shall be divided equally among the children of said legatees living at the time of said legatee's death. If the said legatee should die prior to my death, not survived by any child, then the bequest to such legatee, shall be added, pro rata, to the other bequests herein given in the proportion ,..2- .. "1 'I I that said other bequests bears -to the aggregate of the bequests herein. 6. :In the event that any property passes to a minor by virtue of the provisions of this Will, I hereby appoint Mellon National Bank and Trust Company, as testamentary guardian of such minors. 1. By reason of the special confidence I have in my friends, Adolph L. Zeman and Robert L. Zeman, I direct my executor hereinafter named, to employ the firm·of Zeman and Zeman or their successors to act as counsel in all matters pertaining to the administration of my estate. ~astly, I do hereby nominate, constitute and appoint Adolph 1. Zeman as executor of this, my Last Will and Testament, •.. . ·but if for any reason he is unable or unwilling to act in.this capac.ity, then I appoint Robert L. Zeman in his place and stead as such executor. IN WITNESS WHEREOF, ·I have hereunto placed my hand and s·eal this ~ day of "(11 . ' 196:3. . . • ~&(sEAL) Signed, sealed, published and declared by the above named testator as and for his Last Will and Testament, in the presence of us, who at his request and in his presence, and in the presence of each oth , all being present at the same time, have hereunto subscribed names as witn;s~s. t~)l 1 A,/ /~P :-9. -3- v • -. ~· ~-'. • • ~"\. \ -~;_ ... -. Q"-, --d. _<o/1. .. '·· • ! ----~~ ... 1 ----- F. J. BUCKLEY INSURANCE AGENCY Insure And Feel Secure UNITED STATES FIDELITY AND GUARANTY COMPANY 25 North Jefferson Avenue Telephone: 745·5450 CANONSBURG, PENNA. 15317 November 5, 1968 Attorney A. 1. Zeman Zeman Law Building North Central Avenue Canonsburg, Pennsylvania Dear Sir: Re: A. A. Dietz Estate Building -41 Wes~ Pike Street Canonsburg, Pennsylyania As instructed by you, I inspected the above identified premis~s ~ith Realtor, Ernest.T.'McNary, and found the following: It is a large two story brick building with complete cement basement. Occupied on the first floor by a grocery store and retail ·bakery outlet. The second floor had been used as. an apartment·by Mr. Dietz. The basement contains a furnace, hot water heater, cooler, and storage area. I found.the basement to be solidly constructed but in need of considerable cleanin~ and repairs. .The ~ain floor· is in good condition·and suitable for the two tenants that presently use that area. The se6ond floor is i~T~ir to poor condition and in need of considerable cleaning and major repairs. It seems to me that as a piece ·of saleable property, it is well located but, perhaps; too large in size to attract an immediate buyer. ,Jio;,.-1;... • . I want to bring t9 your •$ttention the fact that next door is-~~large building that has been.vacated fo~ several years and surrounding the subject property are other buildings that have been recently sold at a very low figure and I think this fact primarily effects the price for which this property can be sold. Some instances of sale prices are as follows: 1. Schade building.sold two years·~gb to · Mr. and Mrs. Richard Pietzsch-price ••• $22,500.00 "' 2. Harris building sold a few years ago to Ernest Borrelli-Approximate price ••.•• $19,000.00 . ~ ' U.S. F. &G. REPRESENTATIVE ,,~fORE THAN THIRTY-FIVE YEARS ~---·;=-:: EXHJ.~BIT "B" •. J , I '-2~ 3. . ' ' , ' ·I All the Pickholtz property consisting of several units-Price ••••••••••••• $60,000.00 4. Building housing the Royal Grille and Taylors Drug Store, a recent sale·. Approximate price .••••..•••••••.••••.• $22,500.00 It is my considered judgment th?t, although it would cost a great deal more to reproduce this property,, if it was put on the market today, my appraisal price of the amount that it would bring·would be $30,000.00. · ' Very : ::·:· . ../ I, the undersigned, Ernest T. McN.ary, a Pennsylvania licensed Real Estate Broker No. 6940 hereby agree in total with the < ' comments made above • ... , #6940 ·.-: Affi~nuit ®f fxrrutnr ~ ®r · Abmintstrntnr f)tatr nf Jruungluauia, <nnuuty nf 1ltllan~iugtnu Personally before me, the undersigned·authority, a.:.-.... .N.o.t.ar:y. .... P..u.bl.i.C .............................. in and for said County and State, appeared ....... A.d.o.l.ph ... L.A .... .Ze.man.,. ......................................................................... who, being duly sworn· according·_ to law, deposes and says. that he is the executor Oi'~~ of the estate of ..... .A.ugus.t .... D.i.et.z .............................................................................. deceased, that the foregoing schedules constitute a . complete inventory and appraisement of the real and personal estate of.. .... said .... d.e.c.ede.nt. ........................ , deceased, except real estate outside the Commonwealth of Pennsylvania; that the figures opposite each item of real and personal estate in the foregoing schedules are determined and stated by the undersigned to be the fair value of said items as of the date of the decedent's death, based upon a just appraisement of each item made by the above named Executor ~~- day~~~~~~~~~~~~~~:~~~~':~~ ':::: :::::::::::: r· ... .. ... ·mE~~~i~;:~··········· ADDITIONAL INSTRUCTIONS 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. 1 Origin.al 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; l Original and 3 Copies and 2 RCRI-33, Over $50,000, in- cluding Copy of Will and copy of Federal Estate Tax Return. REFERENCE FOR ADDITIONAL .COPY Act of 1947 P. L. 513 Sec. 5.2, 72 P. S. 4844.2 . lhtttttttnrg att~ ..2\.pprai.stmtttt of the goods_ and. chattels, rights and credits which were of .... .Aug.us.t .... D.ie.t.z ..................................................... Jate of · .... Canons.bur..g ............................................................ .. Washington County, Pa., taken and made in conformity with the ab~e affidavit. PERSONALTY Household furniture Deposit in Mellon National Bank, Canonsburg Office Refund Bankers Life and Casualty Co. Total Personalty REALTY A.LL that certain lot of ground situate in the Second Ward of the Borough of Canonsburg, vvashington County, Pennsylvania,.rnore particularly bounded arid described· as follows, to wit: , -. • • • J -BEGINNING.on the south side of Pike Street at a point 2 inches west of the northwest corner.of land of'H~rsha'Heirs; thence by land of Harsha H~irS South 11° East 80.1 feet to a 15-foot alley; thence by said .alley South 75-3/4° vvest 34.6 feet to line of property now of Celento; thence by said Celento-- lot North 14-1/4° West 80 feet to Pike Street; thence on said str~et ·North 75-3/4° ~~st 39.2 feet to the place of beginning. _ ·· Total Realty Exhibit ~rc" ·DOLLARS CENTS 201 50 437 16 18 47 657 13 35.000 00 35,000 00 I t· ORDER OF COURT AND NOW, to wit, the within Petition hav~ng been presen~ed, it is ordered and on said Petition on~~ 10:00 o'clock A.M. ~nd.i~ is decreed that a hearing be held ':D~-· · Nevomber · ~ 1969, at further ordered that a· notice of said hearing be sent by mail to the heirs, devisees and ' creditors, stating the time and purpose of the hearing, at 'IJIThich time any person interested may appear and be heard. \ t? ;. ', ' { I i' ,\ r ' { ~ ~ !·~ <" 2..._ & • " No. 63-68-1343 IN RE: ESTATE OF AUGUST DIETZ, Deceased - ORDER OF COURT ;)0 ·~ t ~ ;; t •'/ \ ,, :0 ,.., ' ¥•.,;:.PJ r, =1 (';)C: (.:·) -:-.·; 1 J ,,t/. t • -=.., '~ '1 ~~ 1--' ,.-...... I r---~ I !~ ·,~ ~= ,, . ~II ~~ t • ;: 0 ~~~-.J ~0 t-rC> (J .. ....,. ~' ~ J::,. ~ ~ <I) \ ~ ~ ~ ZEMAN 8c ZEMAN ~ LAWYERS ~ ZEMAN LAW BUILDJNQ CANONSBURG, PA. l-:;;l. ~-S~~± 1 ~ ¥ . ~ i ~ "~"' ~'9 C"'~ ~ 'Y ~ ~~I:.!, J I ~ ,\ ; ~l~ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) ESTATE OF ) No. 63-68-1343 ) ' AUGUST DIETZ, ) ) Deceased ) ORDER OF COURT AND NOW, December ~ 1969, ·this matter having come on to be heard in Orphans' Court and it appearing that due notice has been given to all heirs and creditors of the Estate, and it appearing t~at no cause has been shown why this Court should not approve the purchase of the real estate of the decedent as described in the Petition of Adolph L. Zeman and Berngdine P. Zeman, his wife, heietofor~ filed; ~ow, therefore, the purchase of the real estate described in the Petition by Adolph L. Zeman, Executor of the Estate of Adgust Dietz, and Bernadine P. Zeman, his wife, at the price or sum of $30,000.00, is. hereby approved and it is Ordered and Decreed that Russell Marino, Clerk of the Orphans' Court of Washington County, Pennsylvania, execute and deliver a deed for the conveyance of said premises to the said Adolph L. Zeman and Bernadine P. Zeman, his wife, for the price or sum of $30,000.00, pursuant to the provisions of S~ction 546 of the Fiduciaries Act of 1949. ~~6~~ v~~/;;f~ STATE OF PENNSYLVANIA, WASHINGTON COUNTY, ~ SS: The within named Accountant being duly sworn according to law, deposes and says that the above account as stated is true and correct as ....... he-------------------------------verily believe. Sworn and subscribed before me. this-----~~---~--- ' i' ' " ... ~ " ;-... day of _____________ Jiin1~~J¥-----------------------19 .. 7.0 _____ _ . -,,.., )J qv-~;:?j;-;W::;:-~~--- Canonsburg,'Washington County, Pa, . My ·y;:::" Expir~ . ., · . : .. ·. -' . ···~ .;t~l' 1<17 / •• ,~~. '" '_1, :~· ....... '.· ,})1 .:J ... ;, •' Washington County, ss: ~ d ~ ::l 0. <U :><: ~ :· I do certify that I have given legal notice to all persons concerned of the filing of the within account in the. manner pr~scri,ped by Statute' and Rule of Court, as evidenced by proofs the(eol Hied to No ____ b_3_~_1.0cc_k ______________ ~ Witness my hand an~ official •seal this __ p:( ___________________ _ day of-----~~.~~-· Register of Wills .., .. ::I 0 0 Q) .cl .... 1 0 .... 't:l " Q) .... 1':1 Q) "' .. d cO 1970,1•-.r -. ,, Q) .. PI G p;-; 3 . 32 ~-- ~ • ~ ~ .--j a ~ '! .... --·· ., -. .... 1':1 ::I 0 C) C) <1! 1':1 :d .... -~ ~-· ,; ' ~ •. ··~ . . .. ·I I ) . : ... : '\ J ~I o • ··;, 1 tr:. '., . ':· . ~ . . ' ;··:t '.· . ' ·• ... _ ~· I ,,.. ·-,;. , .. FIRST AND FINAL ACCOUNT OF ADOLPH L. ZEMAN ·EXECUTOR OF THE ESTATE OF AUGUST DIETZ, ' ' LATE OF THE BOROUGH OF CANONSBURG, WASHINGTON COUNTY, PENNSYLVANIA, DECEASED The accountant charges himself as follows: To Inventory and Appraisement Dietz Bakery, rent October; 1968 to November, 1969 inclusive Spar Market, rent November, 1968 to November, 1969, inclusive Blue Cross of Western Pennsylvania, refund Knights of Pythias, death benefits Total The accountant claims credits, as follows: Register of Wills ·-Letters Register of Wills -filing inventory Washington County Reports -advertising. The Daily Notes -advertising Clerk of the Orphans' Court -Petition for of real estate Clerk of the Orphans' Court -ord~r real estate F. J. Buckley -fire insurance Bailey -McNary -fire insurance Ernest T. McNary -appraiser F. J. Buckley -appraiser Herman·F. Dietz -funeral charges Robert C. Gordon -ambulance· S. White's Sons·-marker Washington Manor -services W. Leonard Griffith -funeral CarQselli & Bobble ; plumbing -sale sale of $ $ 35,657.13 3,120.00 3,600.00 5.20 100.00 42,482.33 22.50 4.00 14.00 12.50 8.00 2.00 117.00 117.00 2~.~00 25 .00· 13.65 20.60 49.28 383.31 1,020.50 /:: .. ?41. 68 .~:;:;:··"' -· . '• l i I· F. J •. BUckley -plate glass insurance Downey P. Lemon gargage removal Washington County Tax Claim Bureau -1967 taxes 1968 Sctiool and County Taxes A. J. Emerick -wiring F. J. Buckley liability insurance $·53.00 165.00 1 '423: 50 1,074.79 205.00 5ELoo:~_' The Daily Notes -advertising sale of real estate· 22.80 1968 Borough tax 392.74 HermancDietz -advance for taxes and nursing care 500.00 F. J. Buckley-fire insurance 117.00 Borough of Canonsburg -Borough 1969 taxes Washington C~unty -1969 taxes Bailey-McNary Agency -fire insurance Service charges Loss on ·sale of real estate Realty Transfer Stamps School District, Canonsburg, 1969 School Tax Zeman and Zeman -counsel fees Adolph L. Zeman commission Russell Marino, Register -filing account Total Debits Total Credits Balance $ ·42' 482. 3 3 17,263.22 25,219.11 438.17 308.88 111.00 8.28 5,000.00 600.00 943.80 l,$74.12 1,~74.12 17.00 $ 17,263.22 ' THE DAILY NOTES CANONSBURG, ·PA~ ·. ·•. ' PROOF OF PUBLICATION In compliance with the Newspaper Advertising Sec. 3. paragraph (3) and (25). State of Pennsylvania } County of Washington ss. Act of May 16, 1929, P. L. 1784, Personally appeared before me, a Notary Public in and for said county and state, --··---·----··Mabe.l .... Z~ .... .Day __________________ , who being duly sworn, deposes and says: that -----~b.e _________ is the b.0.Gkke.e.pear the Notes Publishing & Printing Co., a Penn- sylvania corporation, and its agent in this behalf: that the said company is the pub- lisher of The Daily Notes, published daily except Saturday and Sunday, having its place of business at Canonsburg, Washington County, Pennsylvania; that the said Daily Notes was established August 1, 1875; that the .printed no;tice or advel1tisement, attached hereto is a copy of a notice or advertisement, exactly as printed or published, which appeared iJi the said newspaper in its regular issues on the following dates: __ _Qc_tobe.r---2-2-,--.0.c.to~~-.,---.Novem~---!h--l-968 ........................ . that the affiant or th~ corpo~ation in behalf of which ·······-~-~~------is acting is not inter- ested in the subject matter of said notice or advertising and that all of the allega.Uons of this offidovit " to tho ti:~:~='-='~~::::_~~~- Sworn to and subscribed before me this {!;:J"f:J'f:;.}lt;J.(;/ ----~_2~_!1. ___ day o~f_ N.·-~~~~r _______ 19.6.8_ -····· • • ·;t;:;· -}!;;~~--- . --.W ,1ing ·, Cou.nty, Pa. Notary Public My commission Expires· .. · · · "Aarch 30, 1970 LEGAL NOTICE· EXECUTOR'S NOTICE Estate of Aug·ust Dietz,, dee.eased, late of Canon~hurg, v\ ash111gton .County, Penna. LJJ;TTERS testament~ry UJ)On the above estRte having be.en granted to. the undersigne~l, not we is hereby given to thol'<e. 111debte,d thereto to make nnmedwte P~Yment, and to those having· clanns or demands to p1·esent them for settlement. "-.dolph L. Zeman, Esq. Zen1.a'll J..,a,,v Building 1.38 ~orth Central_A':,enue Canonsburg, Pa. 1 :>31.1 ' zen1an and Zenut.n, Attorneys Zen1an La'v Building· Canonsburg, Pa. 1fi:>17 Oct. 22, 29, ~ov. G, ·1~68 ,. I Washington County Reports Washington, Pennsylvania (PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION) PROOF OF PUBLICATION In compliance with the Newspaper Advertising Act of May 16, 1929, P. L. 178-l Sec. 3, paragraphs (3) and (25). CouNTY OF WASHINGTON) STATF. 01' PENNSYLVANIA r ss. Personally appeared before me, a Notary Public in and for said County and Commonwealth, CHARLES C. KELLER, who, being duly sworn, deposes and says: that he is the Editor of the WASHINGTON COUNTY REPORTS, the official legal periodical for said Washington County, publis'hed weekly having its place of business at Washington, Washington County, Pennsylvania, and is act- ing as its agent in t'his behalf; that the said WASHINGTON COVNTY REPORTS was established on March 31, 1920, and was design;,~ted as the official legal publication for Washington County, Pennsylv;.~nia, by order of the several courts of said County, dated November 11, 1920; that the printed notice or adver- tisement attached hereto is a copy of a notice or advertisement, exactly as printed or published, which appeared in the said legal periodical in its regular issues on the following dates: ................. .9~!:QJ?.~:r. .... 7..4 ....... 3.L ......................... .. .................. NQY.~mluu:: .. ..7. ....... l.9.6.a ....................... . that the affiant or the corporation in behalf of which he is acting is not interested in the subject matter of said notice or advertising and that all of the allegations of <hi• '""'";'~ '"d rp· ~~ --~----:·::.::··"::::"":::"":""""""""'' ........................................... ""::.""E:d'i~~; Sworn to an subscribed before me this ....... ~.d~; of ......... J~.9.Y.~~Q.~.r. ........ , 196 ..... ~. ..... ./~ .... @. .................. .. atary Public KATHERINE C. YARD, Not Public Washington, Washington Co., Pa. My Commission Expii'IIS November 11 196ft , ...... ;-~. . Estate Notices The Register of Wills has granted letters, testamentary or of administration, in the following estates. Notice is hereby given to all persons indebted thereto to make payment without delay and to those hav- ing claims or demands to present t'hem for settlement to the Executors or Admin- istrators or their Attorneys . • • • • • • • • • 0 ••• 0 ••• J:?IETZ, AUGUST, Dec'd. !Late I of Canonsburg, Washington . County, Penna. ~Executor: Adolph L. Zeman, Zeman :Law· Bldg., 138 N. Centra!' Ave:;-Can- -onsburg, Pa. 15317 ;Attorneys: Zeman and Zeman, Zeman i Law Bldg., Canon.sburg, Pa. 15317 .. ~ ~' / / ./ / <;:) .. .;I ......... ~ ... ... ,!..~:__.,"-, / / ·~·. '"\, ,.,. .... =-to " •' L_ -....,.,_ "1. ~ .- In the Court of Common Pleas of Washington County, Pennsylvania Orphans' Court Division No. 1343 of 1968 In Re: Estate of AUGUST DIETZ, Deceased . ADJUDICATION . .) ~ --> ~ :::1 ... ---r {Maxi no; ·J. > --· ---------:::....:-( (' ]?,;vv . A> . ::.:: cr~ c /I/" :: -. "1 ~--.)..., ·--( . - ") -, -.' . ·-·~ ~ ~~ :1.: -q :-:: 0 0 .::=: :.,. --· -J \) ~-;-:: ~--C/1 Cl c·; \,__ J ~-, ::::-.. t.-v w {D/ I ORPHAN'S COURT ('-;;( '0\.. :i. WASH,NGTON, PA. ~2 t· -.• i ,~. "1 . ' c:J ... ... . l" '4..· ll ~ "I ; (~ i. ~ ____ .............. IN THE COURT OF COMMON PLEAS OF WASHThfGTON COUNTY, PENNA. ORPHANS' COURT DNISION In Re: ( ) Estate of ( ) No. 1343 of 1968 AUGUST DIETZ, ( Deceased. ) ( ADJUDICATION Marino, J., ··Au.g._6_, 1970. There are two claims against this estate, that of Dr. Albert A. Hudacek for medical services and that of Jennie McKnight for housekeeping services to the decedent. Dr. Hudacek pre3ented a claim for· $1206 covering a period from March 1, 1965 to October 9, 1968. The house visits were at the home of decedent, but from May 20, 1966 to June 13, 1966 the attendance was at the hospital and from June 14, 1966 to August 3, 1968 at the Washington Manor. Dr. Hudacek's bill for medical services totaled $1693 but he acknowledges payment on account in the sum of $487 Claiming a balance due of $1206. However, testimony adduced on behalf of claimant included a bill or invoice on the letterhead of Dr. Hudacek, dated December 3, 1968, less than two months after decedent's death. This was received in evidence as the Court's exhibit. It listed the amount due as $468 with a payment by Medicare o $16 leaving a balance due of $452. No attempt was made to contradict said statement or to explain it in any manner whatsoever. Under the circumstances it is felt that the claimant cannot recover in exce::;s of the amount therein claimed. An award is made to Dr. Albert A. Hudacek in the sum of $452. . I ~--------..------------- • J Jennie McKnight submitted a claim for household services rendered the decedent from April1, 1953 to July 8, 1963 at $25 per week, or a total for said period of $13,325. She submitted a further claim for the ' period from July 8, 1963 to May 20, 1966 at $25 per week for a total of $3,737. 50. She further claims compensation for collection of rents for the decedent and banking the funds for him. On collections of $16,660 she claims a fee of 5% or the sum of $833. 30. Thus her three separate claims total $17,895.80. With respect to the claim for services for the period April1, 1953 to July 8, 1963, it is supported by the written statement of decedent on his printed billhead, which was admitted in evidence as claimant's Exhibit No. , over strenuous opposition. It was urged that the addition of the word ''Seal11 after decedent's name, without his knowledge or consent, rendered the writing void. We have examined the cited cases, but feel that they are not apposite. The purported reasen for adding the word 11 seal11 was not to render the writing the equivalent of a sealed instrument (particularly with respect to the statute of limitations) as the writer was not conversant with that feature of a sealed instrument. It was done merely to render the writing legally effective. But it was already legally effective without adding the seal. We consider the writing to be enforcible under the terms of same without the addition of the seal. This·means, of course, that the statute has run as to part of th7 claim ~nd recove~y can be had only on the claim as to the past six years prior to the date thereof, July 8, 1963. At $25 per week, this would amount to $78QO. ' I The objections to this exhibit having to do with inter lineations, . ' different colored ink, etc., are dismissed as the testimony is not sufficiently clear to warrant the conclusion that such was not the condition of the writing -2- .. \ . .-. ,. before the decedent signed it. An award is made for the six year period just prior to July 8, 1963, at $25 per week, or a total for said period of the sum of $7,800. · Jennie McKnight also claims compensation at the same rate of· $25 per week for .the additional period from July 8, 1963 (the date of the writing in questio~) to May, 20, 1966. But her evidence to sustain this claim is very limited indeed •. Dr. Hudacek .knew that she called for him when requested by decedent, and that she would be at decedent's apartment when he, the doctor, arrived. Other than that limited testimony there is little if anything in the record to show that Mrs. McKnight rendered services as a housekeeper for decedent. The testimony is insufficient in quantity and quality to sustain an award. This part of the claim is dis.missed • . Mrs. McKnight claims 5% commission on rents collected by her for decedent from June 1, 1966 to October 5, 1968, $16,660 at 5% or $833.30. Objection is made to this; it is contended that claimant has no standing to recover for services in collecting rents and in management of real estate, as it is in direct violation of the Real Estate Brokers License Act of 1929, 63 P. S. 431 et seq. . Section 446 of said Act provides that no action or suit may be instituted, nor recovery had by any person for any act done or service rendered in the collection of rentals unless done by a licensed real estate· broker. Mrs. McKnight is neither a real estate broker nor a salesman. Her claim for this work must be dismissed. B v l I J. -3- ,· '. In the matter of th~ Audit of Account in /i j! Noi6J~68~~343 : i + • :~ : i,.A Estate of ... AU.GUS.T .... DIE.T.Z ....... : .......... ' .......... : _________ , __ ......... ---.... --.. ---................. ·---·-.. -···. ······ ........ -:-----.. --· ----------~----------~--. - ·:·~ TO. THE AUDITING JUDGE: '. Eot;< .. , ............ o= .................... ~ppoaiano• i '''--j .... A~"lth.L; ... Zeman, .. Exe.c~tol'l ........ ~: ............ !·· . --------------,-·--------------------------------------------------··'··-------l···-·····:···------;----------.-----·····j··········----------------------------____________________ \ _____ , _____ ~--------·---------·---------'----- . . --------·--···············------------··········-------··············---·------··················--··---------------------·-········--··························-------------············-·---------·····················-········ N.B.-Counsel shall, .by se·para·te pa;per, present a concise statem t of each claim with supporting calculation of any interest clai .. ~-.___J Objections 'to an account as filed, shall be concisely st;;tted in a separate pruper. Counsel suggesting proper distribution shall file a separate concise statement in tha:t Tega·rd. J· No ...... 63.~6B.:':':lJ.l.J ........... : ................ , 19 ........ , A.A. ·In re Audit of Account iru Estate of .............. AllG.U.S .. T ..... DlE.T.Z ........................... _ ..... _ ........................ - AUDIT • Jrarripr fnr 1\ppraranrr FOR ................ ~.3.9..1.Ph ...... ~--~------~-~-~-~-~-'--·---·~-~-~-~Y.~.?.!.: ..... .. -·····-·-··········-··········-;··t;;·-~····-····-···-~·-············································- v..J (...rt : ................................... ZEMA.N .... AND. .... ZE.MAN .............................. . · . Attorney S ~2 ~-------,,---------------------,---- ) . In the matter of the Audit of Account in ... Estate of. __ ..:.A.:.:U::..;· G=-U=S:..::T:........::D=..:I::.:E=.=T.=Z:__ ____ ;____:._1 'No. __ _ 63-68-1343• r· -'---------' 19 __ , A. A. TO THE AUDITING JUDGE: N. B.-counsel ·shall, by separate paper, present a 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. J t.\ i I, No. ___ _ 63-68-1J43 , 19 __ , A.A. In re Audit of Account in Estate of AUGUST DIETZ AUDIT Jrarripr for 1\ppraranrr FOR JENNIE McKNIGHT tU/' ---;:;;t-~--·· . -·-----_ (~~M_fo/r.dil£ ~ . ~ . (/j G") C: . ::0.. -=--- :r: -(/j c:::::: ---· (/) (n c-, I <t~ I ,:;-:, m rr, ~ ;J;i ;._ .. --. ,......, 1!'"-'q.-..., $ I ~ :2: o -r ---="' "TJ 3: ~~ 0 '-"" :. :!:! .. _ ~ ~-jo ---;;, := 2: '<~ !>·(I) 0 ~..,..) ,4'J ·•r; GEORGE J. MODRAK ATTORNEY AT LAW :12 NORTH CEN7R.•\L .t'.VCNU!.' CANONSDUI?G,P,:,. ~~z Attorney PETITION SUR AUDIT ., Testate Form J ·'' IN THE ORPHANS' COURT OF WASHINGTON COUNTY Estate oL ... Augus.t .. Diat.z. __________________________________________ _ No ..... 6J::-.68::~1J.~3.------------------------------------; Fiduciary .. .Adol.ph .. L .... Zeman., ... E.xe.c.u.t.or ... Deceased Date of Date of · Decedent's death .. O.C.to.be.r----9.,.---1-96.8. ....... : ...... ~-----------Grant of Letters _____ O.ct.abe.r .. ~7., ... l96.8 __________ L_ _______ _ This is the--.------.f.ir.st--.an4.--.fif:lGl.l..---.----------.-------:-: ........ account filed in this estate If there have-been former accounts filed in this estate, list file nun:"~ber or number and term _________________ : _________________ _ -· . . . . . ... -.. ---...... "' ....... --.. --------.. -----·------·-------·-.. ---......... ~ ----.. ---..................... -.. -....... ---.......... ·---... -... --.. ·---------................. -... -.-..... -......... --.. -.... -.. --.. -----........ ·-................. -.. -.. --.............. -........ . Election to take Date Election Place of; Under or Against will. (cross out one) None Filed ------------------------·----------Record --'---------~·------------------.. Name of surviving spouse. _____________ .. De cease d. __ .. ____ .... ----------. ____ . ________ .. _----~--.... ____ ,_ .. __________ .. _____ ---.--------....... -_ ..... ____ . . List. issue,_ wh~re 'm9terial.: \j 1'. ,., . None Did decedent marry after execution of will? (indicate) X'li9C No. Any children born after execution of will? (indicate) :ltlf;_ No. If answer yes, name . them ___________ _. __ --------------------------------.---_____________________________________ . _______________ . __ . __ . ___ . __ . ___ . __ .. _._ .. . . . ----·-------------·---------·-------·--------------------------·------------·--------:. ............................................................................................................................................ . Leg.atees Amelia Dietz Methodist Episcopal Church _ Canonsburg General Hospital . Jennie Chamar McKnight Klara Schneider Ernst Dietz Gerhard NauBrech Ernest Dietz GustaveH. Dietz Heien Dietz Podrask¥ Ameiia Dietz ·(Ayers) Plesz Estate of Henry Dietz Herman Dietz August Dietz Emily Dietz Milleville . Relationship Sister-in-law None Norte Non~ Niece Nephe't-'T Nephew Brother Brother Niece Niece Nephe't-'T Nephew Nephew Niece -List, if exc~ptions to above: Adeemed: Revoked: None • ·.o If, partial intestacy,. giv_: facts: None ' ~- Interest Legacy, 7% 5% 13% 5% 15% 5% 10% 10% 5% 5% 5% 5% 5% 5% Lapsed: Fiduciary, if deceased or· not sui juris specific Abated: Give Cause: '· 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) receivedwritten notice of the filing of the account and of call of audit? Yes. lm>. If any exception give cause: .... ------------------------------------------ File copy of Notice and date of mailing ......... J.anuar.y ... ':/.., ... J..970--'-·--------------·------·--.-'··----··-----------·-;·-----···-------·--·--··-··-··,--------·-·----·--·-----. I • . - Is estate subject to the filing of a Federal: Estate Tax Return? ........ :N.a ............................................ :: .......................... . Actual payment made on Pennsylvania Transfer Inheritance Tax. Amount $ ... None ............... ;-······························ (f the Will makes any portion of estate subject to a life-estate, give name and birth date of life tenant ..................... . ............................. ~.<?.~-~---·················································································································································· Give Names and addresses of all unpaid creditors wh~ a~e legally entitled to notice, tog.ether with the amounts of such claims; state whether they are admitted to be correct; and whether the claim is denied. Dr. Albert A. Hudacek, 44 East Pike Street, Canonsburg, Pa. $ 468.00 Jennie (Chamar) .McKnight, 62 West Pike Street, Canonsburg, Pa. Claim for wages of undis.closed amount. The above claims are denied. Give reference to such 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: [ , .. Balance for·· distribution per account, Itemize any additional debits not shown by account: $ .. .25.~2.19 .•. 11 .......... . .•' ..... Total additional debits, (Add) $ ................................... . Itemize, any additiona.l~ cred!ts not shown by account: _Service.c~arge; $ 1.17 . ' A. 1. Stormwinq, preparation of income tax return 50.00 Total additional credits (Subtract) $ ....... 5l ... l7 ................ . Balance for distribution . $ ... 2.5.,.1.61 .•. 94-.......... . If balance for distribution is not in cash, list each item held in ki~d, giving appraised Value (or distribution Value); Amelia Dietz, election to take in.kind under the Will The balance for dist~ibution is in cash. ... 2Ql.50 Estate of AUGUST DIETZ ) ) ) ) .... "':=, ,_ --,::r No. 63-68-1343 · NOTICE OF FILING ACCOUNT AND AUDIT ' J ..... To the heirs, creditors and other persons interested in said estate: Please take notice that the first and final account of Adolph 1. Zeman, Executor of the above ·estate was filed in the Office of the Register of Wills of Washington County, Pennsylvania, on January 6, 1970 , and is dpcketed to the above number and term. Said account w~ll be audited by the Orphans' Court Division of the Court of Common Pleas of Washington County, Pennsylvania during the.week begimni~g the 3rd Monday of March 19 70 at 10:00 o 1 clock A .Jill. in its Court Room on the third floor of the Court Hou~~, vvashington, Pennsylvania, where and when you may appear if you so desire. submitted, Dated: Janua·ry T, ·1976 , I ----·--... ~-::;.J ''\ ' )> f"T1 ::0 ,.., ., --.I c:::i .en· 0 c: ,;:c (n (Jj (f} z ---! fTi r~) rn· r-· r· -1 ::0 ~-0 . z 0 -.,...--q ~ .... :t::::s ~"1.~! c::::: f c::-:1 ~"'-> rn ~.,. ..._.... -·~. "' 0 ·='E );.;· 0 :;;;J :::!: r-z :-u r 0 l> .(f) ~ t...V 0'~ . . , .... .,~-..... _ .... __ _ ------·::r-..._ ----- ,- t .-----1 .• I. " If Family Exemption claimed by Petition, give place of Record: ..... None .................................................................... . If Family Exemption is claimed at audit, give name, relationship and basis for Claim: ...... N.one----:--·--·------------····--··· \ List any advancement or distribution on 9ccount that has been made, and nature and amount of same: None Suggested distribution of balance shown, both as to principal and income, attaching. signed and itemized elections to take in kind if balance is not in cosh: residuary shares being stated in proportions: Amelia Dietz Legacy, specific :Methopist Episcopal Church .7% Canonsburg General (Hospital 5% .. Jenni~ Chamar McKnight 13% Klara Schneider 5% Ernst Dietz 15% Gerhard Naubrech 5% Ernest Dietz 10% nusta•e H. ,Dietz 10% Helen Dietz Podrasky 5% Amelia-:Dietz (Ayer~ Plesz 5%· Estate of Henry Dietz 5% Herman Dietz 5% August Dietz 5% Emily Dietz Milleville · 5% COUNTY OF WASHINGTON, SS: COMMONWEALTH OF PENNSYLVANIA · The above named Fiduciary or representative thereof, being duly ..... -. .sw.or.n ................... doth depose and say that -tre facts set forth in the foregoing petition are true "our petitioner will· ever pray, etc. to the best oL ... ., ........ hi.s ........... knowledge and belief. ~ ~ ~': y ""' '\. t ,_ .f.:J?-.,. ~ 0 --,::.:k . ·······--················:;·;,-5~;=t:··········to and subscnbed before 4," !, me this .. ~.2_.if·:;·-day~oL .. F.ebr.uary .............. 19 .... ?-0 ,..,~ .. -~. I!~ :-, r ~ ), Signature of Offi'citr.-:.· .. .. .... . .............. _···· ......... . ,~~....,..,.,. . /J ~-;~ ' r--<. ~ Title of Officer.,2~~-~-------~·-.-············ ·, , . · p Zeman, Notary Public Off. . Mrs. Mary • hin ton County, Pa. · 1ce explres ....... -eauc.~IH'.g •. VJa; .. _.!l: •• ~---··························· min." ·'·n ~:.xp1res 1 - . M" ' ,_, __ ,v . r·· . a 7 ' ,.-·-"" ."' I 7 •,. J . 1 Adolph 1·_ . ~ .. • .:.i ..., 1 No. . ... 63::-.6.8.~1J.U.J ............................... . Estate of ... .Au.gu&t .. .Die.t.z. ............ : ........... . .................................... -........ ------·---.. --·-----·----.... -........ -.. -............. -----. Deceased Fiduciary ... .Ado~ph.. .. L •... Zeman ................ . ················--·~-~~-QJJ.tQX: ..................•................ PETITION SUR AUDIT FROM WHERE DECEDENT LEFT A WILL Counsel of Fiduciary will submit herewith the following, in. conformity with Court Rules adopted effective December 3, 1951, being rule No. 9: paragraph b-e; and divisions thereof: shown on pages 23-24 . . 1. Written praecipes of all Counsel in the case. 2. Copy of order appointing Guardian ad litem, if pertinent. 3. Copy of Order appointing Trustee ad litem, if pertinent. 4. Proof of service of above. 3. 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 is subject thereto. .............. Ze.man .. .and---Zemaft·:·····.Att~;~~y:s· ~2 [., .... ' .' r-· ~~ •~ ' 1 '"· ) l/l..!..,.:.;o '70 ·AUG 2! Ptt·3 RUSSELL h·Uii11NO REGISTER OF WILLS WASrlfNGTON CO., PA. 35 ~? ._, : Ci'-; ~ .w: ~. .._ -...... h ' / . ........ . ') . ' ' "'/'•,• .. -.,, ',' . f J/ •• ••••••••.• ~ 1:,\ v. . . ij' * ~ ~'-' "" .'· ,. ;..• •• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN.RE: ) ) ESTATE OF ) No. 63-68-1343 ) AUGUST DIETZ, ) ) Deceased ) NOTICE TO THE HEIRS, DEVISEES AND CREDITORS OF THE ESTATE OF AUGUST DIETZ, LATE OF THE BOROUGH OF CANONSBURG, WASHINGTON COUNTY, PENNSYLVANIA: r \ Notice is hereby given that a Petition has been presented to the Court of Common Pleas of Washington County, Pennsylvania, Orphans' Court Division, by Adolph L. Zeman and Bernadine P. Zeman, his wife, praying for the approval of the sale to them of the real property of said Estate situate at No. 41 West Pike Street, Canonsburg, Washington County, Pennsylvania, for the pri~e of $3o·,ooo.oo, payable. in cash upon consummation of the sale by said Court; that the said Court has set Monday, December 1,.1969, at 10:00· o'clock A.M. as a .time for hearing on said Petition, at which time and place any person interested may appear and be heard. ZEMAN AND ' ~ . ... J AFFIDAVIT . COMMONWEALTH OF PENNSYLVANIA ·) ) SS:: COUNTY OF WASHINGTON ) JENNIE McKNIGHT whose foregoing amended claim is herewith presented to Adolph L. Zeman, Executor of the Estate of AUGUST DIETZ, Deceased., being duly sworn says that the amount of said amended claim is justly due to said claimant, that no payments have been made thereon and that there are no offsets to the knowledge of this claimant. Sworn to and subscribed before me this ---I day In t!Jt arnurt nf arnmmnu Jlrus nf lluslJiugtnu arnuuty, Jruusylnnuia, ®rpijnus' arnurt 1!linisinu ESTATE OF No. 6 3-68-13L~3 August Dietz, In the matter of the First and Fi na 1 deceased. Account of __ ... A .... d.....,au.l+p""'h........,T.&..t •• ........,.z...,.e;io4'm,....a .... n.___ __ Exesbltor ADJUDICATION AND DECREE And now A '1£lj'1S t ,;!, / , 1911J-, this matter came on for hearing, audit and distribution at tfi1s session and testimony taken; and thereupon, upon due consideration thereof the balance for distribution in the hands of the Accountant is determined to be $ 23 · 989.10 and the account is accordingly confirmed; and it is ordered, adjudged a~d decreed that the said balance be paid out by the Accountant in accordance with the schedule of distribution hereto attached and made a part here , unless exceptions hereto be filed sec. reg. or an appeal be taken herefrom sec. leg. . _,- SCHEDULE OF DISTRIBUTION Balance per account _________________ _ Additional credit asked at audit Balance _____________________ _ Deduct Clerk's Costs & Receipt!::1::~-------------- Attorney _____ 7~.e~m~an~~&~z~e~m~a~n~------------ Russell Marino, Clerk o.c., costs filing Adjudi- cation by the Court, Russell Marino, Agent, transfer inheritance tax, $2164.60 Interest from 1-9-70 to 8-31-70 83'. 75 Dr. Albert A. Hudacek,(George J. Modrak, Esq.), claimant, per adjudication by the Court filed, Jennie McKnd!ght, (George J. :fl.1odrak, Esq.), claimant, per adjudication by the Court filed, Amelia Dietz, wi.fe of Ernest Dietz, specific bequest of Household goods, furniture and jewelry 1230.01 47.50 2248.3.5 452.00 7800.00 per election filed, ' 201.50 Methodist Episcopal Church, Canonsburg, Penna., legacy of 7% residue, in memory of Louise Dietz, . General Hospital Association of Canonsburg, Penna. legacy of 5~ residue, in memory of Louise Dietz, 661.74 Jennie Chamar McKnight, legacy 13% of residue, Klara Schneider, niece, legacy of 5% residue, 1720.52 661.74. $ 2,5' 2) 9 I ) 1 21,236.25 13' 43.6.-25. 13,234.75 1 ....... ·' ...... ..., 0 ~ -> ~ I' r ,n :s z .n '4 !=> 0 0 :::; i -+ c (I) (I) ::s 3 0 -+ 0 0 -· --..... ar ., to\ -\': ~ a 0 -· - b ..... :::; (I) t = , ~ ~ .. -~· -···· ~ ' t:l ~ ~ ... , ... ··-. ~ j • ......• L. ..... . --- ·' ·- ---~----~--------------------------------------------~------~----------------- • 1 Ernst Dietz, nephew, legacy of 15% residue, Gerhard Naubrech, nephew, legacy of 5~ residue, Ernest Dietz, brother, legacy, 10% residue, 1985.21 661.74 1323.48 Gustave H. Dietz, brother, lep:acy of 10% residue, 1323.~.8 Helen Dietz Podrasky; niece, legacy of 5% residue, 661.74 Amelia Dietz Ayers Plesz, niece, legacy of 5% of residue, Estate of Henry Dietz, nephew, legacy of 5% of residue, =' Herman Dietz, nephew., legacy of 5% of residue, ~st Dietz, nephew,· legacy of 5% of residue, Emily Dietz Milleville, niece, legacy of 5% of residue, 661.74 661.74 661.73 661.73 661.73 .... ...---.. ~ No balance • '-~ ' ''4 • 4 r 'I r '); ._, ~~ ,, 1' :~. L. \~ ~ ~ r ~,'_~.,· ,~ No. J ' l,.. _,.·J ,: In the matter of the Account of of Estate of \)-ro r:u:: 1 ' P!1 3 31+ R l•, (~ (,: ' ; 1 ' :: ,., I '\I 0 J \~ "<;,_-ol ' k<> '.> \'' o [I •' t \ ~ ~ :1EG!S'fEi\ o;~ WiLLS WASIIIN\.;TO~-l CO .• PA. J\bjubitutinu nub ittrtt 1~~ ~a ·~ -~ t; G~A ~ ... }~ l ' L..____ I I ·I \ l { ~ ! • f -;· • J; ~;; , ··.•' --v In the Court of Common Pleas of Washington County, Pennsylvania Or.pliahs ':·c:o,urt Division 1 : ~~o-u1 '"/0 !dlt 7 I P~! < 15 1•--0 0 -.J In re: rill r. " : 0 I ! A ;, I ~._1 0 ESTATE Q'}i"o' ~ ... L. -., ''" 0 i., ft E G I S T C:~ 0 F '.'! i L L S AUGUS1'1JI£nEITZi;f ON VOO. Pt\. Deceased'- 00, ELECTION TO TAKE IN KIND ZEMAN & ZEMAN LAWYERS ZEMAN LAW BUILDING CANONSBURG, PA. 15317 l ... IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In re: ·. ESTATE OF AUGUST DIETZ, ) ·) ) ) ) ) ) Deceased ELECTION TO TAKE IN KIND I, AMELIA DIETZ, wife of Ernest Dietz, do hereby elect .. . -· to take in kind all household goods, furniture and jewelry belonging to the Estate of the deceased; appraised at a value of $201.50. this In·Witness Whereof, I hereto set my band and seal day of March, 1969. ~:Y$ Amelia Dietz . ...... \ .tl ) ·, --... --.. _, .. , , r . ./ v_. /· .r . I\ I .. · _ __...,....--,.---I . IM·~.e.. I I ~ 9S DD -r;J;.f rPil-/.. 4 ['I,, ~ IJ &e;..~~M.t. ~ %6' (;' 0 r)!Jt..~.d A. ~).4 (l .. t.:. I \: I frl., tt.9 .\ -1./~ t.d'~Ct:--.., . 1 6.;-,~-~ ~"';_ . I ....... .. -.._.,, .... _.J ' .... v,.._._...., ... .._ .. -·-·' .. ..i- . i ! I I ---' .... AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) 55: COUNTY OF WASHINGTON ) DR. ALBERT A. HUDACEK; whose foregoing itemized claim is herewith presented to Adolph L. Zeman, Executor of the Estate of AUGUST DIETZ~ Deceased, being duly sworn, says that the amount of said claim is~stly due to said claimant, that no payments have been made thereon and that there are.no offsets to the knowledge of this claimant. Sworn to and subscribed before me this /JA. day of March, 1970. { Dr. Albert A. Hudacek -~ .. ~-· ]u tqr ~rpqau.a·: W:ourt nf llaulJiugtnu Qinunty. In the matter of the Audit of Account in Estate of.,--_ _:Ac::;U::e..G=U'-=S'-"T:........:D:.:I=.E==Tc=Z=-· ------:----/ No .. __ _ 63~68-134:3 --=-=c..:;_=-=.--=::.:::....::.=_, 19 __ , A. A. TO THE:AUDITING JUDGE: Ente~ ___ .:.:rn:.oy _____ appearance for_....:D=· .=.:R:...:•:.:..·· ....:AL=~B~E~R:..:.T~· "~A,_,-..........,H.,."""Ul"""D,_...A,_,C..,E.......,K~,__,c.,_l,.,_,a,...i,_..,m...,an~_,.t,_,.'----- ____ day of. __ --=.;M::.::a:::r=-c=.h::.::· '--------· 19~ N. B.-counsel shall, by separate paper, present a concise statement of each claim, with supporting calculation of any i'nterest 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. ·~ .•. ·' ;' 'Vd ··oo NO.LDNIHS~N1 S -llllf~ .:! 0 H 31 S I ~ 3 H 0 •. l ..... I·J ·-~-· .. ,"on \_1 'i'ICr:J !:.i..J.:>Ia (' c '' 1 1, c c Ha I 2 :m~ OL 0: ('1 ·=1 ·~, I .,I \. -· ••• ..J r - No. ____ , 63-68-1343 , 19 __ , A.A. !ri re Audit of Account in Estate of AUGUST DIETZ AUDIT · Jrarripr fnr .Apprarnnrr FOR ____Qg_!.. __ AL~_ERT A. HUDAC~K ,_ claimant GEORGE J. MODRAK ATTOflt~EY .AT LAW · z2 NORTH CENTRAL AVr.r.;ur CANONSOURG, PA. Attorney ~ I' ·"" { ----============ ·«fin 2 \ 1£) l· .+ :OJ J I; ) ~ j L! • 1 . ) "•' -=::.,.___ j I 1!. -. !." "' . I ,, ' I .• r i -I • r-P"ft. I. l f ;-p No. 63 .... 68-l-343' I 0 /11nJ ( I f' fl j -}J :t_n re: RUSSf:U. 1 (.~;;!NO Estate FP!GISTEH OF WILLS A t \~4-.,tS Hti N GTON GO., PA. ugus u1e z, Deceased SUPPLEMENT TO PETITION SUR AUDIT ZEMAN & ZEMAN LAWYERS ZEMAN LAW BUILDING CANONSBURG. PA. '~ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In re: ) ) Estate of ) No. 63-68-1343 ) August Dietz, ) ) Deceased ) SUPPLEMENT TO PETITION SUR AUDIT The accountant requests additional credits not shown by the account or Petition_Sur Audit, as follows: .Columbia Gas of Penz:.sylvania, Inc. $ 581.74 West Penn Power Company· 87.55 Bailey & McNary, additionai insurance 6·.00 Herman Dietz, interest on loan 41.5$ 1969 Income tax 239.00 Total $ 955.87 ... ~ : .. 0 ·' '• I ,,. ,•, I -'~ ' '·' I tl ): F'J .l <-- i . . , ~~, '1l 'f:· <li . 'a •· ~ No. 63-68-1343 In re: Estate of August Dietz, Deceased CORRECTED SUPPLEMENT TO PETITION SUR AUDIT ZEMAN & ZEMAN LAWYERS ZEMAN LAW BUILDINQ CANONSBURG, PA. -- II ·-· . ~..:.- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA .. ORPHANS' COURT DIVISION Estate of AUGUST DIETZ, Deceased ) ) ) ) ) No. 63-68-1343 CORRECTED SUPPLEMENT TO PETITION SUR AUDIT ... ·.' Columbia Gas Company of Pennsylvania, Inc. Services West Penn Power Company Bailey and McNary Herman Dietz Internal Revenue Service Jackie Hammond Services Additional Insurance Interest on loan 1969 Income Tax Testimony $ 581.74 87 ."55 6.00 41.58 239.00 37.80 . ·Internal Revenue Service Additional Income·Tax 1~5.17 Total $ 1178.84 .· 4 {, ·'"' NO. 63-68-1343, ',"ft I \ j · ru i1: :.: ; ! ·~' · ~ ~ 1+ ESTATE R L' :' ;~. ,:_:. ,'.; .', i; .,; :J __I'! ... (.'1·' :: ·.' <·· .. ·: ',c I L " OF\ c.'\..; -I ,, ... :' ~ I ',}' t ,.., > v r.r::.sr:u::~·to::; co .. P/i. AUGUST DIETZ CLAIMANT'S STATEMENT G£oRcE J. r\·:ooRAI( ATTORNEY AT LAw 11.2 !;ORTH CENTRAL. AVC~Uit .CANONSBURG, F'A, ·- ESTATE OF AUGUST DIETZ ) ) \ ) NO. 63-68-1343 CLAIMANT'S AMENDED STATEMENT TO: ADOLPH L. ZEMAN, Executor of the Estate of August Dietz. JENNIE McKNIGHT has a valid claim against the above estate in the amount of $17,895.80, plus legal interest. ITEM 1 Wages at $25.00 a week from April 1, 1953 to July 8, 1963, inclusive, as per Schedule "A" ----$ 13,325.00 ITEM 2 Wages at $25.00 per week from July 8, 1963 to May 20, 1966, inclusive (149f weeks) ------------$ 3.,737.50 ITEM 3 Rent collection and bank d~posit fee from June 1, 1966 to October 5, 1968, as. per Schedule "B" .z;S __ ..:8;.::::3..:::3..:.•..:::3~0 TOTAL --------------------------------------------$ 17,895.80 WHEREFORE, this claimant requests that her claim be allowed in the sum of $17,895.80 plus legal interest. Respectfully submitted, Attorney f ESTATE OF ) ) ) NO. 63-68-1343 AUGUST DIETZ CLAIMANT'S STATEMENT TO: ADOLPH L. ZEMAN, Executor of the Estate of August Dietz JENNIE McKNIGHT has a valid claim against the above estate in the amount of $14,158.30, plus legal interest. ITEM 1 Wages at $25.00 a week from April 1, 1953 to July 8, 1963, inclusive, as per Schedule "A" ---$ 13,325.00 ITEM 2 Rent collection and bank deposit fee from June 1, 1966 to October 5, 1968., as per Schedule uan _...$_~8.::.3.::.3.::.•.::.30.::. TOTAL - - - - - - - - - - - - - - - - - - - - - -$ 14,158.30 WHEREFORE, this claimant requests that her claim be allowed in the sum of $14,158.30 plus. legal interest. Respectfully submitted, Attorneyj t1 Jennie McKnight AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) SS:t· COUNTY OF WASHINGTON ) JENNIE McKNIGHT whose foregoing claim is herewith presented to Adolph L. Zeman, Executor of the Estate of AUGUST DIETZ, Deceased, being duly sworn says that the amount of said claim is justly due to said claimant, that no payments have been made thereon and that there are no offsets to the knowledge of this claimant. Sworn to and subscribed • ' ~ I before_ me this -----~-day -' .. 1 1970 • AUDit7v: ~ONE, Notary PuiJIIe Washington County, Pa. My Co~iission Ex,.ll'es ~arch 30, 1970 ,0:, r---~~--~----~----~~ -. •• :' ' . ' t:L . -AUGUST DIETZ •. <% . . . --7 I(/ t: ~.J~'Yl-, _r·· ' G . .,_ 4 l WEST PIKE . J·lA.t \ • \9 ';::, ~ i ST, NONSBURG, PA .. \~ ) 4 n~x ~:r-h~ ~ ... 1 u)~ :fi~.~\~"1~ ,-·/ u .. -. . -[ / ' ' J c:::• ,. "'f'<\ ~ f.l / I .--...:, Cl.J'-CA.. t '-(,...,_ ""T\ ~/ . i i .• _.t • f / }} 7 f)) : ~"' (.. . . .: j•' SCHEDULE "A" ~- z-_·o: - ' •. -~.~ • • •• ·; ""~ ... ~:;:;. ··.:' f ... ~·. "~• . • r/,' ' • • ' : ~~ ', . \·. . : . '. ~ ... ' .. ,• .;··· .. •: SCHEDULE "B" ! - __, : ( .. ) ) ' ~ I I, l . I : .\ 8541 Washington, P~C,.__....;,~~~:l::...:.-1-----' 19/tJ-- OFFICE' CLERK OF ORPHANS' COURT DIVISIO State, etc. • • • $====::::;;;;, -~0=o ------$046 ~ Total -------------w--------------------------------------------------------------------------- -J ·-.: , ;~ ! . e .f IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS' COURT DIVISION 'IN RE: ESTATE OF No. 1343 of 1968 AUGUST DIETZ, z o( Deceased. ~ ) ) ) ) ) ) ) > Ill z z "' II. i 0 I-C) z PROCEEDINGS ON PETITION OF EXECUTOR FOR LEAVE TO PURCHASE ~ BEFORE: THE HONORABLE P. VINCENT MARINO, President Judge of the said Court. o( ~ ...: u ii: Iii APPEARANCES: Q ZE·MAN & ZEMAN, ESQS., of Canonsburg, Pa , representing the Estate . .... ~ u Q ::> .., ~ TIME: " N IIi 0: "' 1- Monday, December 1, 1969, at 10:00 o'clock A.M. 0: ~ THE COURT: In the matter of the August Dietz estate, Mr. "' 0: 1-0: ::> 0 u Zeman? ~ MR. ZEMAN: This is the time fixed, if the Court please, for u ii: 1&. o hearing on Petition of the Executor to purchase at a known sale, pursuant to provisions of Section 546 of the Fiduciaries Act of 194! Due notice was given to all of the heirs and all of the creditors. And we now ask the Court for a confirmation by deed of the Clerk of the Orphans' Court. THE COURT: What manner of notice was given, Mr. Zeman? ' \. ' MR. ZEMAN: Several of the heirs contacted me since, so there is no question about what the notices were received in due course. THE COURT: The copy of the notice given to the heirs, devisEes and creditors in this estate supplied by counsel is ordered filed anc made part of the record. ~THE COURT: Is there anyone else in Court at this time ~ ::i >-Ill z z 1&1 II. z 0 ... Cl z J: Ill ~ := interested in the estate of August Dietz, deceased, with respect to the Petition of the Executor for leave to purchase real estate situate in the Borough of Canonsburg for the price of $30, 000.00? Is there anyone present who is desirous of offering more than the ..: u a: price of $30, 000 for the property described in this petition? Iii 0 .... < 0 0 ~ THE COURT: :t .. " N IIi 0: 1&1 ... a:: 0 II. 1&1 0: ... 0: :J 0 0 .... < 0 ii: LL. 0 the sale. ( NO RESPONSE ) r There being no response, the Court will approv (Proceedings Closed) . 2 . ! r ' J .. . ' ~ . z -< > . . : '. ~ ~ .. . ' ' - ·' ' I .J" )o • Ill z I bereb_y certUy that _tho proceedinao and evideatc~,-ere co~- z ~ . - ~ tained fully and accurately in the notes taken by_ mo on. the hearintt of the ~ ·.. . . ' . ' ~above eauee, ·and that this copy is a correct tramcrlpt ot the same·. :r ' . ' . Ill • • -< ~ ...: 2 a: 1-Ill 0 .J -< 2 0 :1 ., :t ,_ ,... N ai a: ~ 1-a: .:.\ \ ' . ' •.. 0 Q. ~ The foregoing record of the p-roceedinas upon_ the hearing a: 1-g ot the above co use iB heN!by approved and ~Urect~d ·.to_ be filed • u . ' - ' .J < Co u i.: II. 0 '·· '. .~ ' ··' . "'" ~ .. .. . . I '' . .j . • ~ ' . . . ,· •. ; 't ..... . '' .. • ( : ...... ;• ~ f~ -~~I ,/'~ I "· .. ' ' ·. I '{· ' • i .I ~ • • ' \ :e IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. IN RE: ESTATE OF AUGUST DIET Z 1 ~ ~ Deceased. > .J > Ill z z Ill 0. z e C) z :t BEFORE: Ill " 3: ..: ~ It: ~APPEARANCES: c .J " § c ::J ., ~ 01 ai It: Ill ... It: 0 0. Ill ~TIME: It: ::J 0 u ..I " u ii: II. 0 ORPHANS' COURT DIVISION ) ) ) No. 1343 of 1968 ) ) ) ) HEARING ON MATTER OF CLAIMS THE HONORABLE P. VINCENT MARINO, Judge of the said Court. ROBERT L. ZEMAN1 ESQ. 1 of Canonsburg, Pa., representing the Estate:.: ~.-:; GEORGE J. MODRAK, ESQ., of Canonsburg, Pa., representing the Claimants, Jennie McKnight and Dr. Albert A. Hudacek. Monday, April 6, 1970, at 10:00 o'clock A.M., EST. -------- I i I I I N D E X On the Claim of Jennie McKnight: MIT NESS E S Direct Cross Redirect Recross e MARY McNARY 5 17 I CLARA BORCHERT 31 35 41 42 45 46 5 z < > JENNIE McKNIGHT 50 52 53 54 .J >-en z z ALBERT A. HUDACEK,. M.D. 55 60 ... D Q. i 0 ... HERMAN F. DIETZ 64 67 71 73 " z :t I en < ~ I ..,: u ii: ... Ul Q On the Claim of Dr. Albert A. Hudacek: e .... < § Q ALBERT A. HUDACEK~ M. D. 78 :J " ., :t 1-" w JENNIE McKNIGHT 80 91 . .,; a: ... HERMAN F. DIETZ 96 102 ... a: 0 Q. Ill a: ... a: :J 0 u .... < ij ii: ... 0 e I ~ ' ---- I . - . E XHH I B I T s . CLAIMANT'S EXHIBIT 1 -Instrument on the letterhead of August Dietz, I -e dated July 8, 1963. ~ ·z < > -.. ..1 .. > . Ill I -z . z . . Ill . .. II. •· . . i . ' 0 COURT'S EXHIBIT 1 -Statement on the letterhead of Dr. Albert A' .. ... . ' ., e z :1: Hudacek in the amount of $452.00, dated Deceuber 3, 1968. Ill c( 3': . I .. ..: . ~ . a: " ,.. "· ... ' -Ill -0 <) -\ . e . ..1 'I < ,. § 0 -, :J .. ., - ~· w . ui . .. a: Ill . ... -' . a: ' -0 II. Ill ' .. a: . . ... a: :J 0 u ... c( u· ii: . , II. " 0 . . e I I 0 ' ' ,...-------.......-.--------------;------- - THE COURT: Gentlemen, the Court is ready to hear the claims in the estate of August Dietz, deceased. MR. MODRAK: If the Court please, are you ready for the claims against the estate of August Dietz? THE COURT: Do you have two claims, Mr. Modrak? MR. MODRAK: I have two claims, Your Honor. ~ z ~ THE COURT: Which one do you wish to hear first? ..1 > (I) ~ MR. MODRAK: I will take the Jennie McKnight first. And I have Ill D. i 0 .... I!) z x Ul ct ~ ~ i .... Ul 0 ..1 ct § c :I ., :z: ::: N ai here an amended statement. And this morning, my client, Jennie McKnight, called my attention, she made a mistake in one of the items, a rent collection; on the statement she had $70. 00 per month. And as a matter of fact, it was $60. 00. So I have here a copy of the corrected statement as to rental collections. That is Item thre on our statement offclaim. In other words, on the original stateme t ~ we had $70. 00 per month rent and it should have been $60. 00 . .... a: 0 ~ THE COURT: You may proceed with your testimony . .... a: :I o MR. ZEMAN: Pardon me. If the Court please, we wish to enter u ..1 ct u iL ... 0 our formal objection and to renew the denial of this claim, both as 4 originally presented and as amended and as subsequently amended ere this morning, consonant with the denial of the claim in the Petition Sur Audit in this estate. THE COURT: Your objections are noted. You may call your witnesses, Mr. Modrak. r-----------..-----------------------------------------------.----- ----~----~~---------------------_JM@r~_ld~~--------------------------~-~5~ MR. MODRAK: Mary McNary, will you please come up here? MARY McNARY IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. MODRAK: ~ Q Your name is Mary McNary? z <t > A -I )o That's right. (I) z z Ill D. MR. ZEMAN: If the Court please, we ask for i 0 1-C) an offer of proof. z :t (I) < ::: MR. MODRAK: If the Court please, there is no .: 0 i Jury here. 1-(I) a e -I < u MR. ZEMAN: We still, if the Court please, a :I ., ask for the offer of proof so that we may determine what J: t.: N evidence this witness is about to give and in order that we ai a: Ill t-a: may interpose such objections as we might have at this timE. 0 D. Ill a: 1-THE COURT: I think the request f:or·•a.rLoffer a: :I 0 0 ..I is proper. You may make your offer, Mr. Modrak. < ·u iL IL MR. MODRAK: If the Court please, Mary 0 e McNary was one of the witnesses to a statement which is attached to the claim as Exhibit "A". She was one of the two witnesses to Mr. Dietz's signature, whereby he agreed to pay Jennie McKnight $25.00 per week for the period therein stated. We also want her to testify to the fact that she, as well as 5. 000 other people in Canonsburg knew that Mary McNary 6 Jennie McKnight was a housekeeper. She took care of the house for Gus Dietz and even during his later years, acted as a practical nurse. She was the one who took care, durint sickness, called the doctor, and Mary McNary was a frequEnt I e I i visitor to Jennie McKnight, who spent a good bit of her ' time at the· home of Gus Dietz. !!: z o( > .J MR. ZEMAN: Is that the extent of your offer, >-Ol z z Ill Mr. Modrak? II. i 0 1-C) MR. MODRAK: That's right. z x Ol o( MH. ZEMAN: If the Court please, we submit ~ .,: u ~ that first, we take exception to the statement that 5, 000 1-Ill Q e .J o( § c :I other people in Canonsburg knew what the situation was. But we object to the offer of proof, first, for the reason tha ., :z: ~ (II a proper foundation has not been laid. If this witness is ai 0: 111 1-0: being called as a subscribing witness to an instrument, we 0 II. Ill 0: submit that the best evidence, of course, is the instrument 1-0: :I 0 u and should be submitted with the offer. And we should have ..1 o( u ii: an opportunity to examine the original of that instrument, 1&. 0 which has not been given to us. e Secondly, as a matter of law, if this witness is to qualify as a subscribing witness, the offer must clearly state when she signed, where she signed, whether she signed at the consent or at the request and with the consent of the party sought to be charged. And until such I •I ____________ J _________________________ rvr __ a_r~y __ rvi __ c_N_a~ry~------------------------------l---7--- ~ z ~ ,J > (/) z z Ill Q, i e C) z i Ul < ;: t 0: 1-(/) Q ,J < u i5 ::> .., :t /:: til ui 0: Ill 1-a: 0 Q, Ill 0: 1-0: ::> 0 u ..J < u iL II. 0 tim.e we submit that the evidence of this witness is incompetF>nt1 imm~:i."t~rial and irrelevant under the cases relating to this matter to the proof of the execution of instruments because the instrument .itself is the best evidence and it must certair ly be offered in connection with the testimony of this witness. rviR. rviODRAK: If the Court please---- THE COURT: Just a minute, Mr. Modrak. All of the objections of counsel are overruled, with the exception of the presentation of the original instrument, . which we believe should be done before this witness is calle:l to testify. MR. MODRAK: I have it here, Your Honor. MR. ZEMAN: May I see it? MR. MODRAK: Surely, Mr. Zeman. THE COURT: Mr. Modrak, are you going to have this marked as an exhibit? MR. MODRAK: If they insist on it. THE COURT: I am asking whether you are going to have it as an exhibit. You are going to offer it. MR. MODRAK: I am going to offer this as an exhibit. MR. ZEMAN: If the Court please, the origina exhibit, the written instrument upon which the claim is mace, having now been presented to us for the first time1 we call ~ z ~ ..1 >-(/) z z Ill II. z 0 .. Cl :z x (/) ~ t ii: .. !!! c ..1 4: i3 c :I ., :t /:: N vi 0: Ill ~ 0 II. Ill 0: .. 0: :I 0 0 ..1 4: i3 ii: II. 0 Mary McNary 8 to the--- MR. MODRAK: If the Court please, I want to correct that. We have given them a photostatic copy. MR. ZEMAN: I said, Mr. Modrak, the origin~l of which was presented to us for the first time at this hearing. We wish to call to the Court's attention that the instrument itself shows patent alterations and interlineations on the face of it and therefore, under the rule that these constitute material alterations, that the law as stated in Godding vs. Swanson, 1:7.3 Superior .. 577; Hercules Chemical Company vs. Orlowitz1 72 Superior, 21; Bowman vs. Berl~ ey1 259 Pa., 327; Poelcher vs. Zink, 375 Pa., 539; Cornog vs. Wilson, 231 Pa." 281, and other and numerous cases all indicate that it is clearly the law of Pennsylvania where there are patent and apparent material alterations, par- ticularly those which are to the benefit of the person offerirg the instrument, constitute material alterations and that the Court as a matter of law must first pass upon the materiali y of the alterations and if the Court is satisfied that the alter ations are material, before any evidence can be offered wit 1 respect to the instrument, it is required that the alteratiom be satisfactorily explained before the instrument can be introduced into evidence. We call the Court's attention to the obvious interlineations,to the change of ink, and the Mary McNary 9 fact that the instrument without the interlineations,. reads in a particular way, with the interlineations reads_ entirely differently; that the interlineations are material for the re< son that they purport to create a period of time which would be e essential. They p"\-)rport to create the purpose of the ins tru :! ment. And further, and very significantly, they show the z <t > .J affixation of the term Seal. >-Ul z ' z Ill 11. Finally, the Court will notice the obvious variatiot i 0 .. Cl in the date at the top in the writing and the ink shading of tht:> z i Ul <t 3: date at the top of the instrument and the signature of the .,.: u i purported maker. .. . !!! overruled; exception noted. You may proceed with the witnEss, c e .J <t 0 c :J "'l THE COURT: The objections of counsel are :1: 1:: Ill Mr. Modrak. ui 0: Ill .. 0: MR. MODRAK: Thank you, Your Honor. . 0 11. bl 0: .. MR. ZEMAN: Pardon me. May I ask Mr. 0: :J 0 u . .J Modrak if he proposes to call the other subscribing witness <t 0 ii: ... Sara McConnell? 0 MR. MODRAK: You know she is dead, Mr. Zer~an. e MR. ZEMAN: I do not know she is dead. I i don't know the woman. MR. MODRAK: We have the one subscribing witness, Mr. Zeman. MR. ZEMAN: Then do I understand from your statement that you will not call Mrs. or Miss McConnell? MR. MODRAK: Very obviously not. MR. ZEMAN: With the permission of the Cou may I ask counsel whether he proposes to prove the hand- e writing of the deceased witness? < MR. MODRAK: No. I believe, Mr. Zeman is z < > ..1 > confused with the idea of a subscribing witness to a will Ul z z Ill D. where there's an "X". But it just so happens, Mr. Zeman, i 0 ~ Cl z that we do have a card here with the signature of Sara J. x en < == McConnell. ·.= 0 i MR. ZEMAN: If the Court please, I am not ~ en 0 ..1 • confusing this matter with a will. I am quoting directly fro § a ;:) ., Henry on Evidence on the execution of instruments. ~ C\1 THE COURT: Those matters can all be pres ted ai 0: Ill ~ 0: in due time. You can proceed with this witness. 0 D. ld 0: ~ MR. ZEMAN: Then do we understand, if 0: ;:) 0 0 ..1 Your Honor please, that all of the testimony of this witness < 0 ii: II. is taken under our .objection? 0 .THE COURT: That is correct. An exception e has been noted by the Court. You may proceed, Mr. Modr ~ ~ (Continued examination by Mr. Modrak): Q Mrs. Me: Nary;> where do you live now? A Mellon Bank Building, «:1anorisb.t!J>.g. Marv McNacy ______ ·--------;_..1...1_ Q And how long have you lived in Canonsburg? A 49 years. ADOLPH ZEMAN: May I ask you to speak UP1' Mrs. McN~ry? A 49 years I've lived in Canonsburg. Q A ~ z c( ~ Q > Q) z ~A II. i 0 ... Cl z :r ~Q ~ ~A 0: ... Ul . ~ Q c( ij gA ., :1: "' !;iQ ui a:: ld ... 0: 0 a. ld a:: A ... 0: :l 8Q ..I c( ~A ... 0 Q Did you know Gus Dietz~ the decedent? Yes1 I did. How long did you know him? Well~ I was little~ I suppose1 when they had the bakery and the confectionery store in the present Spar Market Building . know Do you/Jennie McKnight? Yes. ., How long had. you known Jennie McKnight? About 35 years . Where has Jennie McKnight lived for the last 35 years ;l as far as you knew he r? On Pike Street. In Canonsburg~ Pa.? Yes . I call your attention to this paper called Claimant's Exhibit '1. and ask you whose signature is on here? MR. ZEMAN: If the Court please, we object to this as the improper method of proving the exhibit being offered at this time. THE COURT: The objection is overruled. Are ----------~~----------------------~M~a~ry McNary'------------------------------~~-1_2 __ you referring, Mr. Modrak, to the signature on the line wh re the word Seal appears or -the other signature? Q No. Right here, the signature, August Dietz. A :$ z ~ ..I > Ul z z Ill II. i THE COURT: question. What was the question? THE COURT: Hammond? ~ C) (Stenographer reads back last question:) z i All right. You ma:y answer the Will you read the question, Mr . "I call your attention to this Ul ~ paper called Claimant's Exhibit 1 and ask you whose signature is on here?" t ii! THE COURT: That is1on the line where we ha ... Ul 0 ..I < u g A "'I :z: /:: N oi 0:: Ill ... 0:: o· a. Ill the word Seal that appears . Yes. THE COURT: McNary? a:: A ... I saw Mr. Dietz sign that. 0:: :J 0 u ..I < u iL ... 0 THE COURT: is his signature. A Yes. THE COURT: Q Is your name on here? A Yes. Q Who signed your name .on there? A I did. What was -your answer, Mrs. Well, y:oma@'e.3answering that t at Very well. You may proceed. Mary McNary 13 Q And what other name is on here as a witness? A Sara Me Connell. Q Did you know Sara Jane Mc~Connell personally? A Yes. Q How long would you say you knew her? ~ MR. ZEMAN: If the Court please, this is obje•ted z < > .J >-to as beyond the scope of offer . en z z Ill Q D. I am trying to prove his point. i 0 1-Cl THE COURT: Just a minute, Mr. Modrak. LE 's z :t Ill < 3: get a little order here. We have an objection and we've got o .,: 0 it· rule on the objection. The objection of Mr. Zeman is that 1-!!! c .J this is outside the scope of the offer. And we are overrulin~ < u 0 :I ., the objection. Now go ahead with your question. :t ~ ,_ -· N MR~. Z:EIVIAN: The Court is noting an exceptio , ai a: Ill 1-a: I take it? 0 D. Ill a: 1-THE COURT: Exceptions are automatically n< ted a: :I 0 0 .J ' . to all rul~ even though we occasionally state that we note o( ij .ii: "' the exception. 0 (Stenographer reads back last question): ''How long would you say you kne N Q 1-What was that question? her? A I suppose I've known her for 30 or 40 years. Q Is she living now ? A No. ------------t~----~------------------~rvr~a~.r~v~rvr~c~N~a~.r.Y-----------------------------~~1~4~-- Q Did you see her write her name on there? A Yes# I did. rvTR. ZErvTA N: This is objected to as beyond the scope of the offer. THE COURT: The objection is overruled. She's already answered that, hasn't she? Q No. THE COURT: You may answer it now. A Yes. Q Who wrote Sara Jane rvTcConnell on there? A Mrs . Me Conne 11. Q Are you acquainted with her handwriting? A No# I am not. Q But I believe you stated thatyou were there when she wrote her name. MR. ZEMAN: This is objected to as not only a leading question but an attempt by counsel to put into evidence a fact which has not been testified to or .otherwise established. THE COURT: The objection is sustained as a leading question~ But counsel may ask Gl! question that is pertinent to the inquiry if it is not leading. Q Where was this paper signed by Mr. Dietz and witnessed by you? A In Mr. Dietz's home. ----------~~----------------------~rvr=a~r~.Y~rvT~c~N~a~ry ____________________________ ~---1~5~ Q And where was that? A On West Pike Street up above the Spar rvTarket. Q Above the Spar rvTarket. And how often, frequent, would you go to rvTr. Dietz's place there? A I only stopped in once or twice a month. That was to see rvTrs. rvTcKnight; not to see rvTr. Dietz. Q I see. And during these visits there a:t Dietz's, you would say twic ~ a month, would Mrs. McKn~ght be there? A That's the only reason I stopped. Q And let me ask you, did· you note who did the housekeeping work fo~-> rvr:r . Jlliie t z ? A Well, I knew Mrs. McKnight was doing it. I never saw her do it. But I knew she did the work. rvTR. ZErvrAN: If the Court please, we move U:~t the answer of the witness be stricken, first as not responsive, and secondly, the witness has admitted she did not see lVfrs McKnight doing the work. She just said she knew she did it. THE COURT: The objection is overruled. Q Will you tell us how you knew that Jennie McKnight did that work there? A Well, that was her means of livelihood at that time. I mean I knew she was working for Mr. Dietz keeping house. She'd tell me about it. MR. ZE rvrA N: This is objected to as the witne~s Mary McNary 16 is repeating a hearsay statement and a self-se:rving declara- tion on the part of the claimant. We submit that it is in- competent. immaterial and irrelevant. THE COURT: The objection is overruled. I call your attention to:the word Seal on this paper and ask you who~ e idea was it to have the word Seal put on there? MR. ZEMAN: This is objected to for the obvic us reason that the witness cannot state who had a particular idea. MR. MODRAK: Would you mind waiting until she answers? She'll tell. you. MR. ZEMAN: I'm objecting to the question, Mr. Modrak. THE COURT: The objection is overruled. Wili you tell the Court whose idea was it to put the Seal on there? I told" Mrs. McKnight the word Seal should be there on a signature. Where do you work, Mrs. McNary? United States Steel Corporation. What kind of work do you do? Accounting. Let me ask you, have you come across the word Seal in connectior with your work with Uq.ited States steel? MR. ZEMAN: This is objected to, if the Cour" please, as an attempt to qualify this witness as an expert --------~lrl ----------------------------------------------------~---- ; i 1e ~ z Q A ~ Q >-Ul z z Ill 0.. i e A C) z x Ul oct ~ .: !:1 a: 1-Ul 0 .I oct § o A :J ., J: 1::: Q "" ui a: Ill 1-a: 0 0.. Ill a: 1-a: :J 0 u .I < Mary McNary and is clearly beyond the terms and the scope of the offer. THE COURT: The objection is sustained on the grounds of immateriality. I call your attention to the date July 81 1·963 written at the top and ask you who signed tha t1 put :··that date on there? Well, I can't honestly say who put that date on there. Well1 in connection with this date, would you tell us any connection between this date and the day you were up there? I can't even tell you exactly the date I was there, but I know it was in the summertime in July. I would not remember seven years ago what date it was. THE COURT: Do you know what year it was? 1963. Cross examine, Mr. Zeman. ~ CROSS EXAMINATION BY MR. ZEMAN: fl. 0 Q When was the last time you saw this exhibit, is it Mrs. McNary? A Yes. Q When was the last time you saw this exhibit? A The day it was made. Q What day was it made? A Well, that says July 8. I must have been there that day. I don't 17 ----------~~----~---------------~M~a~ry McNary ----~------------------~~- te I I ' remember whether there was a date on it at that time or not. Q In other words, it is possible that this date then was not on the ::!: z < A Q ~ A ~ z ~ Q i e C) z % Ul ~ A ~ Q a: Iii ~ A < i3 g Q .., S A ai a: ~ a: ~ Ill ! Q a: :I 0 u ... < i3 ii: A ... 0 instrument at the time it was signed? There was a date on it. There was a marking across the top, yes. Did I understand you to just say that there could not have been a date on it at the time it was signed? No. There was a date on it when it was signed. You are familiar, I take it, with the signature of August Dietz, as you have testified. Is that ::right? -I didn't say I was familiar with it. I said I saw him sign that. Did you see him write the exhibit? No, I did not. Who did you see write the exhibit? The exhibit was written when I got there, but there were no signat res on it. In other words, you did not see any of the writing placed on the exhibit. Is that correct? Outside of the three signatures. Q Outside of the three signatures. I observe, Mrs. McNary, that your signature appears in a different ink than the ink which appear at various places on the exhibit. Can you explain why? A No, I can't. It might have been a pen out of my purse or one that they handed me down there. Q One that who handed you down there? ----------~~----~----------~----~~~rvr~a~r~y~rvicNary 19 rvirs. McKnight. Mr. Dietz didn•t hand you this? No. Mr. Dietz didn1t ask you to sign this instrument? No. How doyou recall that Mr. Dietz was even there? He was sitting at the table. What table? In the kitchen. And who else was present at the time? Mrs. McKnight, Mrs. McConnell and myself. · But you say this instrument was there on the table, was it, when yo . tvalket:l in? Yes, it was. And what did Mr. Dietz tell you? Did he tell you anything? No. I observed ,Mrs. McNary,that several words here which appear to e of a different colored ink, the word 11from 11 , the word 11Inclusive~·. d I If II h d 11 II t th d h I lA II the wor or , t e wor wages , a cara , e wor s, t e with a circle around it indicating per, I take it, the word 11week11 a d the wor.d .; 11 Seal11 • Is it not correct that the shading of this ink is diffe ent from the shading of the other ink? A Yes. Q And I take it that Mr. Dietz had signed this before you got there. A No. Q Did he sign it after you got there, is that correct? A He signed it and I was one of the witnesses to his signature. Q You were a witness aft.e-r he signed it? e· A Yes. ::! Q And you saw him sign it? z <( > A .I >-Yes • Ol :.<: 2 Q [:) 1!. And Mrs. or Miss McConnell also saw him sign it, is that right? :i 0 1-A 1:) Yes. z :i: l~ Q <t i!: ~ u A ~ 1-(j) You suggested that the word Seal be placed on there, is that right? ~ I Yes. i5 Q ..1 < You told Mrs. McKnight that, right? § 0 A ;) "l Right. % 1:: Q ~ When did you tell her this? !i5 ['! 1JI A "" Ill: It may have been the next day or a couple of days after the signing. 0 !1. [;] ['! Q ... And the word Seal is written in the same ink as the words "from", ~ ;) 0 u .J ''Inclusive, " "for," the carat, "wages," and "per week." Is that <! u [;: t'. correct? The same shade of ink. 0 A It looks like the same. Q And this could have been done several days later, right? That is what you have t.estified to. A Yes. THE COURT: She hasn't testified to that, but she may if she wishes. All she testified to was that the word r-------------~,--------------------------------------- Mary McNary 21 Seal might have been put on a day or two later. Now if the writings are similar and she agrees that they are similar, then she can answer the question of whether or not the othei writings were also done later. But she hasn 1t, according e to your question, already testified to that. We will let her :! determine that. z c( > .J > Q But you have testified that the shading is the same for those inter- (J) z " z Ill Q, lineations that I mentioned. Is that correct? i 0 1-C) A They look different, looking at them here, yes. z i (J) c( ~ Q And you clearly testified that the word Seal was affixed several .: u a: days later, correct? 1-!!! c e .J c( § MR. MODRAK: . ' She didn1t say that, Your Honor. c :I THE COURT: Just a minute. We will let her ., :z: ~ C\1 answer that. ui a: Ill 1-a: A I didn1 t say when it was affix Erl. 0 Q, Ill a: 1-Q You said it could have been several days later. a: :I 0 u A Yes. .J c( u ii: II. Q And you told Mrs. McKnight that it would be desirable to have the 0 wo·rd Seal affixed, is that correct? ! e A Yes. Q Did you tell her anything else, such as to use the words 1 ~per week 11 A No. Q Did you also tell her it might be desirable to put on the words "inc tusive? 1 A No. ------------~r---------------------------------------------------------------------~------- ' I Mary McNary Q Did you also tell her that it would be desirable to put on the word "from 11 ? A No. Q Did you tell her that it would be desirable to carat in the word "forb." A No. ~ Q Did you tell her it would be desirable to put on the word "wages?" z < > A .I No . >-II) z z Q Ill II. But you did tell her it would be desirable to affix the word "Seal?" i 0 A 1-Cl Yes. z x II) Q < ~ Mr. Dietz did not tell you to do this J did he? ..: A !:! Tell me to do what? a: 1-II) 0 Q .I To have the word "Seal" B.ffixed. < § Q A :I No. ., :z: 1::. Q N This was your idea? gj a: Ill A 1-Yes. a: 0 II. Ill Q a: 1- Mrs. McNary, why did you suggest to Mrs. McKnight several days a: :I 0 u later that it would be desirable to have the word "Seal" affixed .I < ij iL to this instrument? .... 0 A Well, every signature should have a seal mark after it, is the way I have always felt, if you don't have a seal and you don't go to a public person to have it notarized or something. Q In other words, from your training and experience in the accounting department of United States Steel Company--- A No, that isn't--- ----------~'~' --------- 22 r-------------~~-----------------------------------------------------------------------.------ ----------~~--------------------------~~a~r~y--~~c~Nary 23 Q You found that it was always desirable to have an instrument sealec if you wished to make it more binding and to import consideration and to extend the Statute of Limitations and the like. Is this correct? A What do you mean? Would you repeat that? e Q Well--- THE COURT: Just a moment. We will have :! z c( > ..J the question asked by the stenographer. We will see whethe > Ul z z Ill II. or not this witness1 which is included in the questioning, i 0 ... Cl knows what we mean by extending the Statute of Limitations z i Ul c( ~ That's a legal question. .,: !:! II: (Stenographer reads back last question): "You found that it was always ... Ul 0 e ..J c( 0 desirable to have an instrument sealed if you wished to make it mo e 0 :J binding and to import consideration and to extend the Statute of .., X .. " til Limitations and the like. Is this correct?'' ui II: Ill ... II: A I don't know what you mean by the Statute of Limitations. 0 II. Ill II: ... Q That would be the time for outlawing a debt. II: :J 0 u A Well, I don't know anything about that. ..J c( 0 ii: Q But the other is correct? It was important for the other reasons ... 0 that I have mentioned, is that correct? e A (nodding affirmatively). Q Note the witness is shaking her head yes. THE COURT: Yes1 we prefer to have your answers on the record, rather than your nod one way or the other. .-----------,-,--------------------------------------,---- Mary McNary 24 Q Mrs. McNary, I take it that Mrs. McKnight must have had this instrument in her possession when you were talking to her abo ...::t it, didn't she? A When? e Q When you told her to put the word "Seal" on it. ~ A I would assume she did, yes. z <C > .J Q I mean this is to your best recollection. >-(I) z z Ill A Yes. IL i 0 1-t!) Q Now who wrote the word "Seal?" z i: (I) <C A That looks like Mrs. McKnight's writing to me. 5: t-= u i Q That is it's not your writing? 1-(I) Q --.I <C 0 a :I A No, it is not. Q And do the words "from", "inclusive", "for wages" and "per week' ., :t ~ N also look like Mrs. McKnight's writing? vi a: ld 1-A Yes. a: 0 IL Ill a: Q And do you recbgnize the writing as follows: "Pay Jennie McKnigh 1-a: :I 0 0 money I owe her $25. 00? '' Do you know whcs e writing that was? .I o( 0 i&: A That's Mrs. MdKnight's. II. 0 Q So that all of the writing on the instrument with the exception of e the witness's signature, the signature August Dietz and the date at I i the top are in the handwri:ring of Jennie McKnight. i ' A That's right. I Q And you do observe the variations in the color of the ink? A Yes. McNarY---------------------------~-~2~5-- Q And the word ''Seal" again, I say,"for wages", "from" and "inclusive" and "per week" all ha\let:the same shaEle of ink. A (nodding affirmatively). Q They even appear-- THE COURT: Let's see if she answered that. Q She shook her head yes. THE COURT: We can't put the shaking of the ~ead on the record here. We have got to have answers. A Yes. Q And the language, "Pay Jennie McKnight money I owe her $25.00" is in a different shade_. correct? A Yes. Q And a different pressure. THE COURT: We must have an answer, Mrs. McNa±:-y.~. A Yes. Q Is it fair to say, Mrs. McNary, that you do not recall specifically whether the words "from", "Inclusive", "for", "wages~ ":per wee1" and "Seal"were not on the instrument at .the time you saw Mr. Diet sign it? A I cannot swear exactly what it did say, outside of wages, pay Jennie McKnight. Q This is all you can swear? II. n"'l. .I • .1. '_. -· ~· . ----------~r----------~~~-------M~----------------------------~-~2~6~ Q This you remember distinctly? A Yes. Q But the "from", "April 1, .'53 11 1 the word "i~clusive"., the word · "per week1 11 y.ou cannot poslbtively swear to? '. A No1 I can't. :!: Q But the word 11Seal''you can positively swear to was affixed after z " ~ it was out of Mr. Dietz's possession in the possession of Jennie Ul z z If McKnight several days later? i ~ A Yes. z i i Q And that Mr. Dietz did not ask you to affix the word 11 Seal ? 11 ..: u A ii! Right. .. Ul Ci e ..I " § MR. MODRAK: May I have a Side Bar conferen e D :J ""' with my client, Your Honor? :t t: "' MR. ZEMAN: If the Court p;tease, we would ui II: Ill .. II: object to any conversation between counsel and the witness 0 II. Ill II: ... on the stand during the examination . II: :J 0 u THE COURT: Yes. We don't think that is ..I " i3 ii: IL proper. 0 MR. MODRAK: After he's through with her, m y e I have? (l THE COURT: After he is through with her we will determine what should be done. Q I dislike having to persist in a point, Mrs. McNary, but this is most essential. And I take it that you are trying to testify from yor ------~--~~--------------------~M~a~r.Y McNary~------------------------------i~2~7 __ _ very best recollection, is that right? A That's right. Q I take it also thatyou cannot swear that the words "from", "inclusi e. '' "f II or wages , "per week" or "Seal" were on that instrument at the time that you saw Mr. Dietz sfgn it. I know that the word:, "Seal"wasn't on there for sure. Are you positive that the other inter lineations were on it? I am not positive. I cannot remember exactly what was on there. Then it is~entirely possible that the interlinations that I have m enti• ned were not on there at the time thatyou signed it. Is that correct? I am sure this date was on here. April 1, 1953? Yes. And what else are you sure was on there? Pay Jennie McKnight money I owe her $25.00 a week. You are positive that that was on there? Yes, sir. But you are not positive that anything else was on there at the time August Dietz signed it? No. Thank you. That's all. THE COURT: Are there any other questions a this time, Mr. Modrak? MR. MODRAK: Yes. ------------~·~·----------- -~-----~--------------------- Marv McNary--------------------------~-~2~8~ THE COURT: Do you wish to recall this witn s later? We are not going to permit conferences here at the witness chair, but if there are matters that are to be expla · ed later, we may consider recalling her. MR. MODRAK: !:\would like to hold that privile That's all at the present time. MR. ZEMAN: If the Court please, we would object to the recalling of this witness. If her testimony has been completed, it has been completed. If it has not been completed, this is the opportunity that Mr. Modrak has for such redirect as is necessary. THE COURT:. The Court has nbt ruled on whet er this witness may be recalled. We have simply suggested tha if counsel has any conference to hold with the witness, that that should be held somewhere other than on the witness sta After he does that., if he cares to do so, then we will deter ine whether or ·not there is a proper motion to recall the witnes We haven't ruled ontit yet. MR. ZEMAN: If the Court please, if this witn ss's testimony has been completed, we move that the testimony- MR. MODRAK: If the Court please, this witnes may not have been completed. THE COURT: At the present moment, Mr. Modrak, the testimony of this witness is completed. We ~ z ~ ..I > Ul z z Ill D. i e Cl z % Ul ; ~ 0: l-UI c ..I o( u c :::1 .., ~ N ui II: Ill I-ll: 0 D. ld II: I-ll: :::1 0 u ..I o( u ii: ... 0 ----------~'~' --------- Mary McNary 29 cannot anticipate for you what you are going to do. You hav excused this witness. Her testimony is now complete. MR. MODRAK: I have excused her temporarily THE COURT: You can't excuse her temporari y, Mr. Modrak. You have the opportunity of further examining her, 'and if you do not wish to do so, then she is excused. It's not excused temporarily. She is excused. And counsel h~s a right to make a motion after she is excused. MR. MODRAK: I would like to have an oppor- tunity of talking with her, then asking for a recall. THE COURT: We do not know what is in your mind and what you are going to do, Mr. Modrak. And we are not going to rule on it presently. The Court cannot keep you from conferring with your client. We simply sug- gested that we do not like the matter of counsel conferring with the client while she is on the witness stand. That's the end of that. Now she'8Jcompleted her testimony. If counsel, Mr. Zeman, wishes to make a motion, we will entertain it. MR. ZEMAN: At this point, Your Honor, the witness having testified that the word "Seal" was clearly, to the best of her recollection, affixed at her suggestion several days subsequent to the execution of the instrument while it was in the possession of Jennie McKnight and witho .t ~------------~~----------------------------------------- I i I I ! I e ~ z ~ .J )o Ul z z bl D. i 0 I-C) z i Ul ct 3: ~ II: 1-Ul Q .J ct 0 Q :J ."'I % ·!:; til ui II: Ill I-ll: 0 D. bl II: I-ll: :J 0 u .J ct 0 iL 1&. 0 -------11-------·· Mary McNary 30 the request of the signatory, the maker, August Dietz, that this fact alone constitutes a material alteration which was beneficial to the party altering it, and under the Bowm< n vs. Berkey, 259 Pa.) 327, the instrument is void, invalid, improper and clearly inadmissable as evidence. Secondly, the witness who .has just completed her testimony, Mrs. McNary---- THE COURT: Mr. Zeman, let me interrupt for a moment. You are speaking of the inadmissability of this instrument, which is Exhibit Number 1., Claimant's Exhibit Number 1. We haven't had a motion by counsel to receive this instrument in evidence. So your objections are premature. dYIR. ZEMAN: Well, I was laying the foundatioln for another motion,· Your Honor., if I may. And very briefl) the witness has also testified, I believe, as Your Honor wil recall, that she cannot swear as to which of the interlineati ms were made at the time of the execution and which were mad" later. She has also testified as to the patent variations in the apparent pressure of the writing and the shade of the writing and that all of the writing is that of Jennie McKnight1 Having so testifl.ed, we therefore move that the testimony o this witness be stricken for the reason that the basic purpo~ e, apparently, of calling her was the proof of this instrument, Mary McNary 31 and this instrument is clearly inadmissable under the law. Therefore, her testimony is incompetent, irrelevant and immaterial and beyond the scope of the offer. THE COURT: The motion is refused and overruled. An exception is noted. CLARA BORCHERT IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. MODRAK: Q Where do you live, Mrs. Borchert? MR. ZEMAN: Just a moment. Mr. Modrak pl!=~ase. We ask for an offer of proof. MR. MODRAK: If the Court please, by this witness we wish to prove that Miss Borchert knew both Aug~st Dietz and Jennie McKnight. She knew that Jennie McKnight did work at the horne of Gus Dietz as a housekeeper and performed other duties there to which she will testify to. We will also have her testify that she has known Jennie . McKnight for a certain period of ti!I'B and that Jennie McKnight has also been an employee of hers part-time or otherwise. That is the purpose of our testimony, Your Hon ~r. MR. ZEMAN: If the Court please. we object to the offer for the reason that the length of the acquaintanc ----------~r-------------------------~C~'l~a~ra~Bor~~~r~t~------------------------~-~3~2-- of this witness with Jennie McKnight is incompetent1 irrelevant and immateri~; and for the further reason that the offer is not sufficiently specific; that the Courts have held, that the Supreme Court and this very Court has held on numerous occasions that the evidence which is offered must be clear, direct, precise and convincing. And there- fore, it must be in specific detail in the matter of wages or I charge for services when the estate of a decedent is involved; , and that the offer as stated is of such a random general nature that it cannot qualify, that any evidence pursuant to it would not meet the standards of proof required by law. THE COURT: The objection is overruled with the exception of the portion of the off~:£-which would comprehend the employment by this witness of the claimant in this case.· That part we hold to be immaterial to the issue. And with respect to the balance of the offer, the objection is overruled. You ~ay continue. EXAMINATION OF MRS. BORCHERT BY MR. MODRAK: Q What is your first name ? A Clara. Q Where do you live, Mrs. Borchert? A I live in Houston. Q Do you have a business in Canonsburg? ----------~'r'-------------------------------------------------------------4------ Clara Borchert A I do. Q Where is that business? A 62 West Pike. Q And where is that business in connection with where August Dietz l'ved? A He lived about half-way up the block across the street. ::!; Q On West Pike Street? z < > A .J On West Pike Street. >-Ul z z Q Ill D. Do you know Jennie McKnight? i 0 A .. " I do . z i Ul Q < ~ How long have you known her? .,: A u a: Well, she was about ten years old when I first knew her. .. Ul 0 Q .J Did you know August Dietz during his lifetime? < § A 0 :;) ~ X {;; Q Ill Approximately how long did you know him? gj a: Ill A .. a: Well, I knew him about 50 years. 0 D. bl Q a: .. Mr.:S?. Borchert, who did the housekeeping for Mr. Dietz? a: :;) 0 A u ·Mrs. McKnight. ..1 < 0 Q ii: II. Could you tell us about when she started doing that for him? 0 A I couldn't say, truthfully say. Q Do you remember Mrs. Dietz, August's wife? A Yes. Q Do you know what kind of work Jennie McKnight did for Mr. Dietz at his home across the street from you? MR. ZEMAN: If the Court please, this is obj cted Clara Borchert 34 to. The witness has not indicated---no foundation has been laid for this witness's knowledge. THE COURT: The objection is overnuled. (Stenographer reads back last question): "po you know what kind of work Jennie McKnight did for Mr. Dietz at his home across the street from you?" A Well, she was the housekeeper. She took care of the home. Q And as far as you know, did Mr. August Dietz have any other housekeeper there at that place? MR. ZEMAN: This is objected to. THE COURT: The objection is overruled. A No, as far as I know. Q Did you ever have any discussion with Mr. Dietz about Jennie's work as a housekeeper there? MR. ZEMAN: This is objected to as beyond the scope of the offer. THE COURT: The objection is overruled. A No. MR. ZEMAN: Furthermore, we object to it as a matter within the hearsay rule. Your Honor. THE COURT: She answered she didn't. did sl e not? MR. ZEMAN: That she didn't. All right. Q How often would you see Mr. Dietz before he went to the Manor? A Oh, I couldn't say. I'd see him in the bakery occasionally. --------------------------------. Clara Borchert Q Cross examine . CROSS EXAMINATION BY MR. ZEMAN: :$ z Q ~ A )o Ul z ~ Q i e A " z % ~ Q =:: ti A ii: l-UI ~ Q < § ~ :ll 0 .., Mrs. Borchert, I take it that you are the owner and operator of the dress shop o.n West Pike Street in Canonsburg? Yes. And you have been for shall_we sayupwards of--- 53 years. 30 years? 53. Since 1953. THE COURT: She said 53 years. 5 ~ t'4 Q 53 years. Excuse me. And has it always been at the same locati< n? ui 0: I!! A 0: 0 II. bl 0: Q 1-0: :J 8 A .J < u ii: Q ... 0 Q A Q A No. Where was it before you hag your present location? Well, I was up in the bank building there before I went down there . But at all times your shop, I take it, was on West Pike Street. Is that correct? Yes. Now where, with respect to your shop, does Mrs. McKnight liv.e? She lives above the store now. Above your shop? Yes. ------------~~----------- Clara Borchert 36 Q How long has she been working for you? A Oh, she worhed for me when---I'd say 50 years ago she started. Q Is she working for you now? A Yes. e Q When did she start her pre.sent employment with you, do you recall? A c( You mean right---oh, let me see. I couldn't say. z c( Q > .J Was she working for you last year? )o Ul z z A Ill Yes. 11. i 0 Q 1-CJ And the year before? z x Ul A c( Yes. 3: .,: Q u i Can you, from your best recollection, state when she started to 1-Ul Q e .J c( u work for you ? Q A :I In the present locatio.n? .., X /:: Q til In the present location; that's well put. ui a: bl A 1-a: A good while ago. but I couldn't say. 0 11. Ill Q a: 1- Would you say ~hat she started to work for you in your present loca ion a: :I I 0 u when you opened the store? .J c( u A ii: I don't think so. II. 0 Q Do you know how long after you opened the store that she started to e work for you? A I can't say. Q When she started to work for you in this last phase of her employn ent, has she worked for you steadily? A She works two and a half hours a day. Clara Borchert 37 Q How long has she:beenworking two and a hal~ hours a day? A As long as I've bee.n there. Q When did she start? A I dori 't know. e Q Are you there all the time, Mrs. Borchert? :!: A Most all the time. z c( > Q ..I >-Would you say that I was incorrect if I stated that Mrs. McKnight Cl) z z bl D. started at noon and quit at five? i 0 A 1-Cl No. z i Cl) Q c( ~ When does she start? · .,.: A u 0: She starts at 11:30 and works till two. 1-!!! c Q e ..I c( 0 And does she then take a lunch hour? 0 A :I No. ., l: ~ Q (II And does she come back? ui a: Ill A 1-a: No. She just stays from 11:30 till two. 0 D. ' Ill Q a: 1- ·When did she start these hours ? a: :I 0 A 0 I douldn't truthfully say. ..I c( 0 Q ·iL IL Isn't it a fact, TI\7li;i:ss Borchert1 that at one time Mrs. McKnight 0 worked for you on a full shift? That is from the time the store e opened until the time the store closed? A l don't believe. Not for a long long time. Q Well, when was it that she last worked full shift for you? A It must have been when I first started. Q That would have been in 1953. A Oh, no. No. Back. THE COURT: Mr. Zeman, she didn't start in 1953. She's had her shop for 53 years. Q Okay. Did she work a full shift .when you opened at your present location? ~ A No. ~ <( > .dJ Q ~ What were her hours when she started to work foryou at your pres nt !jj ~ ;:e !!! !!, location? i 0 &-A C) ;;:: 11830 till two. She worked during the lunch hours. :IE Cil "' Q ;$ And you,say that---how long has she been working this type of shif ? c.: u A iii I can't tell you, truthfully. &-!Jl ©I .dJ Q "' Well, would it be one year? i3 iil A ~ 9 Oh, longer than that. z 8::.· ilJ Q. !li Five years? !'< ~ &-A @: It would be five at least.. © @, 8!l @! Q &-Six years? @_( ;) () 0 .dJ A I wouldn't say . .. 0 B;: Q "' In other words, you cannot say for certain whether she has workec () this short shift for more than five years? A No, I can't say. Q Would you say that it is possible that she did not work for a short shift for more t_han five years? A She's worked for five years, I know. Q Before that. before she went to the short shift, do you know how Clara Borchert 39 long she worked? A For awhile she didn't work at all. A long time she didn't work for Ihe at all. Well, when:diB:n't she work for you? I can't tell you. i Then you have an extremely vague recollection. I I don't take care of the books and I just don't keep track of ·those th ·ngs. I Do you have any wage records of Jennie McKnight at all? I think I would at the shop. How far back would lthes e wage,Jrecords go? I don't know. Miss Borchert# would you be willing to supply me with those wage records without a subpoena from this Court so that I might look over them? I will try. Do you know how long it would take you to obtain them? It might be a few days. Miss Borchert, when you are at the store, doyou devote yourself very closely to your business? Do you not? Yes. And what time do you open your store in the morning? Nine. What time do you close in the evening? Five. Clara Borchert 40 Q And you also work on Friday evenings~ don't you? A Yes. We have the store open but I don't work. Q At five o'clock where do you go? A I go at four. e Q And when you leave the store at four where do you go? c( A I go home. z. c( > Q ..I >-And is this your custom? Ul z z A 111 II. Yes. i 0 Q 1-Cl Do you go out for lunch? z i Ul A c( ;:: No. .,: u Q ii You just stay at the store until you are ready to leave? ... !!! Q A e ..I c( § Yes . Q Q :I ., And you come from your home in Houston and you stop at the store. :t ... " A N Yes. ui a: 111 Q ... a: And you leave the store and return toyour home in Houston. Is that 0 II. 111 a: ... right? a: :I 0 A u Yes. ..I c( u Q ii: ... How many times in the last ten years1 Miss Borchert. have you be en 0 in Mr. Dietz's apartment? ' e A I i I've never been in his apartment. Q You have never been in his apartment at all toyour best recollectio . Is that correct? A No. Q So you never saw Jennie McKnight there} did you? ,-------------~.-------------------------------------------------- Clara Borchert 41 A No. Q That's all. REDIRECT EXAMINATION BY MR .. MODRAK: Q Miss Borchert, can you give us approximately how longyou have been doing business at your p:resent location? A Since '43. Q Since i94 3? A Yes. Q That would be 2 6 years. A Yes. '· Q Now can you say positively that Jennie McKnight worked, did housE- keeping work for Mr. Dietz? MR. ZEMAN:· ~This is objected to, if Your H mor please, as pot proper redirect testimony. That this is· part of the case in chief, this is repetition of the very same question that Mr. Modrak propounded to this witness in her original direct examination. THE COURT: The objection is overruled. Will you read the question. Mrs. Hammond? (Stenographer reads back last question): "Now can you say positively that Jennie McKnight worked, did housekeeping work for Mr. Dietz?" A Yes. Clara Borchert ------c--------------------~ Q During the time that she worked at your place for two and a half hours, where else did she .work? A Well, she was always down there. When I called her I'd have to ca her there at Dietz's. Q Do you mean by that, August Dietz's home? ~ A Yes. And I had to call her up by phone from my home. I would z ~ always call Dietz's because she was always there. )o Ul z ~ Q Will you give us an approximate idea how long you had been callin! i 0 ~ her at Dietz's to get her to work, for any question? z x ~ A I couldn't truthfully say how many. Always, as I can remember. ~ Q 'Always? l-UI o A y .J es. C( i3 g Q That's all . .., :r j:; til ui 0:: Ill ~ 0 II. Ill a:: RECROSS EXAMINATION BY MR. ZEMAN: 1-0:: :I 8 Q In other words, Miss Borchert, the only time or the only way .J .C( i3 iL II. 0 that you knew that Jennie McKnight was at Mr. Dietz's apartment was because you telephoned her there. Is that right? A Well, there were many other ways but I couldn't just---different ways that I knew she was there. U::.K.new she worked there. Q Well, you were n~ever there. A No, I was never there. Q You never saw her work, did you? 42 Clara Borchert A No, but everybody else did. ·Q I don't care what everybody else did. You never saw her work. 1 A No. I was never in the apartment. I' ,I ~· Q Now you say thatyou called Jennie McKnight from your home. II A Yes. ~ Q And I take it from your previous testimony that you were always z ~ ~ at your home prior to 9:00 o'clock in the morning? >-ijj z 43 ~A Prior to :1.'1:00 o'clock .. I leave the home at 11:00 o'cloc¥. in the mo ning. Ill. i g Q Prior to 11 and after four. Is that right? C) z :E ~A Yes. ~ Now did you always have this schedule? I havehad for a long time. What 1 s a long time ? Oh, I would say---well, I used to go at ten. But now I'll say ten, tw leve years . That would be like about 1960? Yes. Now before 1960, isn't it true that you were at your shop full time? No. I never was. And when you called Jennie McKnight you always called her from ycur . home? A Yes, when I had anything to say to her. J i Q And this is the only knowledge thatyou have, the only direct knowle< ge --~~~~-1~t you have thatshe was ever at Dietz's apartment, isn't that riglt? .---------------~-------------------------------------------------------.--------- I Clara Borchert 44 A Well, I can't say of any others. I talked to Mr. Dietz occasionally and he would say something about her, what she was doing. She was always messing around, he would tell me. 1 Q She was messing around? A She was canning or making jelly or something like that. ~ Q Did he say where she was doing it? z <t ~A Up at his kitchen. >-Ul z ~ Q She was messing around? z ~A That's the way he put it. z i ~ Q In other words, Mr. Dietz was complaining about her? :: ui 0: No, he wasn't complaining. He was just teasing. Miss Borchert, did I understand you in your testimony in response to questions of Mr. Modrak thatyou never had any conversation witt Mr. Dietz about--- 5 A Oh, yes. 0 II. ~ Q Didn't you say you had no conversation with Mr. Dietz about Jennie ~ :I 0 o McKnight? ..I < u ii: A Did I say that? I don't remember. II. 0 Q I think the Judge told me you said that. A No. That's a regular conversation, no. But he would often say things about what she was doing. Q In other words1 that she was messing around? A Yes. She was canning. Q All right. I have no further questions. ----------~'r-----------------------------------------------------------------J~----- ~ z < > .J > Ul z z Ill Clara Borchert MR. MODRAK: I want to clarify one thing. MR. ZEMAN: If the Court please1 we submit that the counsel has already had the opportunity for his re- direct examination. Any further interrogation of this witne. s by him is improper and irregular. THE COURT: The objection is overruled. ~ EXAMINATION BY MR. MODRAK: e CJ i Q Ul < 3: ..: ~ You used the word messing around and then I think you also said that he was teasing. Would you mind clarifying that? e A He was, you know1 he didn't mean that. He was teasing about her. Q .J < § Q :I .., X ~ til ui Q II: Ill I-ll: 0 0. Ill II: ~ A :I 0 u .J < u ii: ~ Q A Q l A Q But I know that she worked up there because she would take fruit and things to can and I saw her do that. Do I understand you to say thatyou saw her taking canned food or fruit? No. Things to can up to his apartment. Like baskets full of pickles and you know1 and fruit and things like she was going to can . And you knON that that was taken to his apartment? Yes, I do. During any of the conversations that you had with Mr. Dietz, did he ever complain toyou about her work? No. He never complained. I believeyou said he did tease. -------1 A Well ves. He was iust teasin2'. 45 Clara Borchert 46 Q That's all. EXAlVITNATION BY MR. ZEMAN: II z ct. > .J > 01 z z Ill ll. i e " z :1: Q A ~Q ~ t A i .. 01 0 Q .J c( § o A :I ., :t Miss Borchert1 where did you .see her with this fruit and pickd::e;s?? I was going at one time---she sometimes would bring it in the stor~, she would get it up back of us in a little fruit store. And I've walke . up withher up the street and she would go up there into his apartm~ nt and she told me she was going to can this stuff. How many times in the past 20 years did you see her do this? Oh, I wouldn't know. Well, was it once? Maybe three or four times. 5 Q Three or four times in the last 20 years? ui ~A lr 0 ll. ~ Q .. lr :I 0 0 .I c( 0 ii: IL 0 Yes. That's all. THE COURT: Thank you. MR. MODRAK: MR. ZEMAN: offer of proof. MR. MODRAK: You are excused, Miss Borcher . Mrs. McKnight. for If the Court please, we ask/an If the Court please, we intend having this witness testify in connection with the items of her claim as submitted in her statement; Item one as correctE~ I I ------------------------------! ~ ~L I II I ~ J II I, and Item 2 and Item 3 as corrected. She will testify as to how long she's known Mr. Dietz and as to what payments, if any, were made to her for work she did; what understand· g there was as expressed in the writing by her pay, how II long she's worked for him, what work she did.for Mr. ~ ·;,, 'MR. ZEMAN: If the Court please, we object t, z "' > .J ). any testimony from this witness for the reason that she is G :0: :;;: DJ !1. incompetent under the Act of 1887, the so-called Dead Man' i 0 ... e z Rule, she being the claimant and having an adverse interest x (j) <! s: to the estate;; that she is testifying on her own behalf and ~ ~ ~ against the interests of the estate. And that as such. she ... Gl c e ~1 .. § is incompetent to testify for any purpose related to the Q :I matters stated in the offer as a matter of law. ., X ~ C\l MR. MODRAK: If the Court please--- 03 0: tl rr Gil! THE COURT: She is not generally incompete 0 !1. Dl c: ... but she is incompetent to testify as to any matters or things 0: :J 0 0 which occurred between herself and the decedent. And as I ..1 c( i3 r;:: !;. comprehend the offer. I don't see anything as yet in the off r 0 which would come out of that category. How long she wor for him and all that sort of thing is within the category of prohibited testimony. MR. MODRAK: If the Court please, as I under stand the section at rule on evidence, 5-E, doesn't tuat . prohibit her as to testimony as to conversation between the -----------------------.---------. 48 decedent and herself and I think isn't it limited to testimony -- THE COURT: We have certain exceptions to the incompetency rule under Section 5-E of the Act of 1887~ but your offer does not comprehend any of those excef·- tions. MR. MODRAK: We also wisib. her to testify as tc· this writ:fulg which was written by August Dietz on July 8~ 1963 which is his signature. MR. ZEMAN: ' If the Court please, the pro- hibition of the Dead Man's Act likewise applies to any matters relating to the execution of this instrument which is clearly in corroboration and substantiation of the claim. THE COURT: We believe that that is so. And the objection is sustained. MR. MODRAK: I believe we can have her testif lr as to where she has lived and as to for whom she's worked, Your Honor. THE COURT: Where she has lived would be immaterial to the issue; for whom she has worked is prohil ited by the Statute. MR. MODRAK: That's all I have from her at the present time. I'd like to call another witness on her behalf and then with the right to call her. THE COURT: We cannot promise you with the --------~~--------- 49 right to recall her1 Mr. Modrak. The Court will pass upon any motion when it is properly made. But at the pres e t juncture we cannot promise you that you will be afforded th opportunity of recalling this witness. It will depend upon th substance of the motion1 the circumstances and all that we ~ have received in evidence up .to that time. Might I guggest z "' > ..1 > at the moment that at this juncture it might appear to be Ul z z Ill D. relevant to this witness if she might testify1 since I look r I· ·~ Cl forward to your presenting the paper in evidence g. little z i Ul "' ~ later, that this witness might testify who made that paper ..: 0 iii available to her and how it came into her possession. Then ... Ul c e ..1 "' 0 c :I you may then later wish to offer it in evidence. I can see no other connection that she could testify to at the moment ., 2: l:: til that would be within the terms of the Act and the exceptions. ui a: Ill ... a: MR. ZEMAN: With all due respect to the 0 D. bl a: ... Court, we would take exception to the Court's suggestion a: :I 0 0 for the reason that the Exhibit No. 1 purports to be a claim ..1 < 0 ii: II. and that any testimony in substantiation of this would be 0 clearly prohibited by the Act of 1887. Furthermore, since Exhibit No. 1 would be the best evidence of a certain type of claim, any substantiating or corroborating testimony on the part of this witness to such would be certainly violative of the spirit if not the letter of the Act of 1887. THE COURT: The objection is overruled. If e Jennie McKnight 50 ~~~--------------------------4------counsel for the Claimant deems it appropriate, he may inquire of this witness how this particular paper came into her possession and whether or not she has maintained possession of this exhibit from the time that it first came into her possession up to the present time. JIENNIE McKNIGHT IS CALLED AND SWORN. ~ z ~DIRECT EXAMINATION BY MR. MODRAK: )o Ol z ~ Q Mrs. McKnight, I show you Claimant's Exhibit No. 1 and ask you II. i ~ who gave you this piece of paper? z % ~A Mr. Dietz. AugustDietz. ::; .,: ~ THE COURT: Does she recall when? 0:: ... Ol Q Q .I Do you recall when he gave it to you? oct· § Q A :J It was July 8, 1 9 6 3 . ., :J: ~ (II THE COURT: And in whose possession has ui 0:: ... ... this paper marked Exhibit 1 been since that time? 0:: 0 -~ A 0:: He kept it. He kept it in his safe until when he got sick. 1-0:: :I .0 Q u How did you get it after that? .I oct u A ii: Well, before he went to the hospital he gave it back to me. b. 0 THE COURT: Approximately when would that pe? A That was in---it was the first time he was in the hospital. He was in the hospital about two years before the last time he was in. That would be in '65, around '65. THE COURT: Then when August Dietz gave hEr possession of this exhibit about 1965,in whose possession Jennie McKnight 51 has it been up to this time? A I had it. I kept it myself. THE COURT: That's all she can· testify to1 Mr. Modrak, in connection with this exhibit. Q The date on here, could I ask her as to in whose writing the date is on here? THE COURT: No. That is an improper questi< n. Q Could 1 ask this one question? As. to upon whose advice she took to ask Mr. Dietz for this paper? THE COURT: It is immaterial. MR. ZEMAN: Just a moment. Q While he is talking I have another question. Thi$ is in connection v ith the signature of Sara J. McConnell. We have a card sent by Sara J. McConnell to June McKnight to identify her signature. MR. ZEMAN: If the Court please, this is objected to as incompetent, immaterial and irrelevant. 1 Secondly, this is not a proper method of proof of the signature. 1 Third, it is beyond the scope of the offer. THE COURT: The objection is sustained for' one or more of the reasons cited. MR. ZEMAN: If the Court would indulge us fo a moment. May I see the exhibit, Mr. Modrak? ----------~~------------------------------------------------------------------~------1 .-------------~------------------------------------------------------------------- Jennie McKnight 52 CROSS EXAMINATION BY MR. ZEMAN: Q Did I understand you to say1 Mrs. McKnight---oh, first, you are the Claimant in this case, are you not? A Yes. Q Did I understand you to say that Mr. Dietz gave you this paper which ~ we have identified as Claimant's Exhibit No. 1 when he went to the z <C > .J > hospital? Ul z ~A n. Yes. i ~ Q Did I also understand you to say that this paper was always in his z ·x Ul <C ~ possess ion;? .,; A !:! Yes. II: ... Ul 0 Q .J From the time he signed it? ~ !:! 0 A :J He kept it in his safe. .., :t 1-" Q N ·From the time he signed it? ui II: Ill A ... Yes . II: 0 n. Ill Q II: ... Until he gave it to you? II: :J 0 A u Yes. .J <C ij Q ii: II. And you never had this in your possession:Erom the time Mr. Dietz 0 signed it? A No. He told me to. Q Until he gave it to you before he went to the hos pita!. Is that corre< t? A That's right. Mr. Zeman--- • Q That's all. We have no further questions. MR. MODRAK: If the Court please, I think one ----------~~--------------------~·J,e~nie McKnig~h~t---------~----------------~~ ~ z < > ...r ~ z z · .. ~ i ~ C) z x Ul ~ ~ ~ Ul Q ...r < 0 c :I ., :t ~ N ui a: thing should be clarified, and that is the word "Seal" on her Since she's testified and we would like to clarify as to about this ''Seal" being put there.with the permission of Mr. Dietz. MR. ZEMAN: If the Court please, this is objected to as beyond the scope of the offer. It is contrary to the Statute and is improper redirect examination . THE COURT: The objection is sustained. witness is incompetent under the Statute to testify to that m All we will permit this witness to testify further, if it is a fact, is whether or not after ·she received this paper from Mr. Dietz. whether anything whatsoever was added to the writing on this paper from that time up to the present time. MR. MODRAK: May I ask her that question? ~ THE COURT: You may. 0 II. Ill a: ... II: :I . 8 REDIRECT EXAMINATION BY MR. MODRAK: ...r < 0 ~ Q Mrs. McKnight, from the time that Mr. Dietz gave you this paper, 0 before going to the hospital, was there anything added to this paper from that time on? A Nothing was added. THE COURT: Or taken off? Q Or taken off? A No. Jennie McKnight 54 RECROSS EXAMINATION BY MR. ZEMAN: Q When did Mr. Dietz go to the hospital? A Well1 it was the first time he went to the hos pital1 but--- Q When? A I don't have the exact date with me. Q Approximately? A Well1 I would say about less than two years before I sent him to the hospital on May 20 in '66. Q In other words, sometime within a period of two years prior to May 201 1966 he went to the hospital. Is that correct? A Yes. Q At that time he gave you the. paper? A That's right. Q And that there were no corrections, changes1 additions or deletiom made? A No. Q From the time he went to the hospital to the present time? A That's right. I didn't change anything. Q Did anybody else change anything? A . No. That's my writing. Q Within the entire period of time after he went to the hospital? A Nobody changed it. Q All right. No further questions. MR. MODRAK: If the Court please 1 am I perm 'tted e ., e : ~ z o( > ..I >-Ul z J_e_nnie M.c.Knigllhtt"'----------------t-5.5- to ask whether she received any money for work by Mr. DiEtz? THE COURT: You can't do it. MR. MODRAK: Dr. Hudacek. MR. ZEMAN: Just a moment, if the Court ple se. I take it that this concludes--- MR. MODRAK: No, it doesn't, Mr. Zeman. I have another witness for her . z ~ (witness excused). z 0 I-C) z x ALBERT A. HVDACEK IS CALLED AND SWORN. Ul ~ ~ DIRECT EXAMINATION BY MR. MODRAK: u it ~ Q Q Dr. Hudacek, what is your full name? ..I o( A u Albert A. Hudacek. ii :J "'I :1: ~ MR. ZEMAN: We ask for an offer of proof, if N IIi 0:: Ill the. Court please. 1-0:: 0 IL Ill MR. MODRAK: Yes. We wish to offer by the 0:: 1-0:: :J 0 1testimony of this witness, that Dr. Hudacek was a family 0 ..I o( u doctor for Mr. Dietz; and that first of all, he was called to ii: b. 0 Mr. Dietz's apartment by Jennie McKnight, the claimant; and that when he did come to the apartment, Mrs. McKnight would be there as a housekeeper. MR. ZEMAN: If the Court please, the offer is objected to as vague, indefinite, immaterial, and of such irrelevance and of such vagueness that it is incompetent; .. ·-·--------- r---------:--rr---------------:-----------------------------------.----- Dr. Hudacek 56 and we submit that it does not meet the required standards of proof, either in itself or taken with the other evidence to establish a claim for wages. THE COURT: The objection is overruled. (Continued examination by Mr. Modrak): Doctor, where doyou live, by the way? Canonsburg, Pa. What is your occupation or profession? Doctor of Medicine. How long have you been practicing medicine in Canonsburg, Pa.? About 40 years. Did you know August Dietz in his lifetime? Yes; for the same length of time, about 40 years. MR. ZEMAN: If the Court please, we would like to interpose a further objection that just suddenly occu s to us. This witness happens to be a claimant and Mr. Modr k presents a most novel situation at this stage. Yes. MR. ZEMAN: He is, in effect, I take it, attempting to prove a claim for medical expenses on the part of this claimant by testimony in the claim of Jennie McKnight; and therefore, he is attempting to accomplish, by indirection, something which is specifically prohibited b v nr. Hudacek 57 the Act of 1887. THE COURT: The objection is overruled. You may continue. Q Doctor. I call your attention to the apartment of August Dietz. 41 West Pike Street. Canonsburg. Pa •• and ask if you had occasion to treat or visit Mr. August Dietz as a physician there? A Yes. Q Could you tell us about when you started visiting him there? A I took care of August Dietz for many years. but the~ the last sickness-- Q Just a minute please. I want to go back. Let's take, say a period from '53, did you treat him after '53, 1953? A 1965. Q No. I'm asking--- MR. ZEMAN: If the Court please. Mr. Modrak is arguing with the witness. Q No, I'm not arguing. Did you visit August Dietz as his physician in 1953? MR. ZEMAN: This is objected to as leading. THE COURT: The objection is overruled. A Yes. Q Where did you see Mr. Dietz at that time? A At his home. Q Where? A 41 West Pike Street. -···-~ --------- Dr. Hudacek Q And where did you continue to see Mr. Dietz as his family doctor? MR. ZEMAN: This is objected to for the reason there has been no testimony that .there was a continu~d relationship. THE COURT: The objection is overruled. At his home. At his home? Yes. Did he move anyplace else? Did he live anyplace else besides 41 West Pike Street up until the time he went to the hospital or the Ma~or? Not that I know of. Now dur :ing the time that you visited him at his home at 41 West Pike Street~ who would call you? Mrs. McKnight. What was her occupation there? MR. ZEMAN: If the Court please, this is objected to. This man is testifying as a physician. No. As a witness, Yuur Honor. THE COURT: That doesn't keep him from giving lay testimony. The objection is overruled. If he kno,f/s. Q If you know, what was her occupation at that house? A Housekeeper. Q How often would Jennie McKnight call you to come to see August Dietz at his home? Dr. Hudacek 59 ',, J ·• ~ .• < MR. ZEMAN: If the Court please. this is objected to for indefiniteness. He is not stating any period of time. THE COURT: The objection is overruled. e A As often she would call me. I would come. Q Would you tell us approximately. say how many times a year, if yop ~ z <t > knew? ..I > Ill z A z 1.11 Well, let's be definite about that. In 1965 I was called there on II, i 0 1-the first of March. the third of March, fifth of March, seve nth of " z i Ill <t March, ninth of March and twelfth of March. ~ .,: Q 0 That is in '65? a: 1-Ill A a That is in 1965. • ..I <t 0 Q Ci All right. Now you don't have any record of how many times you j ., I I: t:. N visited there before '65, is that right? ai a: A 1.11 No. 1-a: 0 I II. Q Ill a: Did I understand you to say that Mrs. McKnight was there at Mr. ... a: ·j 0 0 Dietz's home when you would come there to visit Mr. Dietz? ..I <t u iL MR. ZEMAN: This is objected to as leading II. 0 and supplying information not elicited from this witness or I e from any other evidence in the case. THE COURT: The objection is overruled. A She was there every time I came. Q And during your profession as a doctor to Mr. Dietz. did you have occasion to have him sent to the hospital in 1965 as she said? I I I I ' e ~ z o( > .J > Ill z z Iii D. z 0 1-(!) z i: Ul o( ~ A Q A .,: Q 2 II: 1-Ul Q .J o( ,ij Q :I ., :1: 1:'. l\1 ui II: Iii I-ll: 0 D. ~ Q I-ll: :I 0 u .J < ij ii: Dr. Hudacek 60 Did I have him sent to the hospital ? Yes. Who was there at that time? Who was living there, working there at his home at that time? Mrs. McKnight. MR. ZEMAN: If the Court please, we move that this answer be stricken; that the witness is testifying to a conclusion, rather than to a fact. THE COURT: The motion is refused. You ha e the right of cross examination to determine whether or not he is making an unfounded assumption. Now from your own knowledge, did you ever see anybody else therE with Mr. Dietz as a housekeeper at the apartment? MR. ZEMAN: This is objooted to as incompetE nt, immaterial and irrelevant. THE COURT: The objection is sustained. Cross examine. ~ CROSS EXAMINATION BY MR. ZEMAN: Q Doctor, I take it that you made house calls, is that correct, in response to telephone requests? A I made the calls at 41 West Pike Street, yes. ;Q And on those occasions that you can recall, where was Mr. Dietz? I Was he ambulatory? A P~~t ~.P~--------------------------------------------------~------ Dr. Hudacek 61 Q Were these calls in the night or the day to your recollection? A Sometimes it would be in the afternoon; some times in the evening. I have here I called one during the night. Q When you say the night, what time of night do you mean? I e A I'd say about 9:00 o'clock in the evening. i ~Q Doctor, you are a claimant against the estate. z < > .... > MR. MODRAK: If the Court pleas e. that is !II z z Ill II. irrelevant, that question. i ~Q This goes to the credibility of the witness, Your Honor. z ~ !II < 3: THE COURT: The objection is overruled. ' .,: u Q a: You are a claimant against the estate of the late August Dietz. deceased I .... fJl Q e .... ~ !:! for medical services, are you not? 0 A :1 That's right. ., :r ~ Q N And in fact, you have a hearing scheduled on your claim for this ui II: Ill .... II: very day. do you not, in this very Court. do you not? 0 II. Ill A II: I .... II: I suppose. I wasn't notified in writing this time. :1 I 0 Q u .... That is one of the reasons you are here in the Courtroom, isn't it? I < u A ii: Yes. II. 0 Q Doctor, you visited Mr. Dietz at his home in a purely professional i e capacity? i ; A That's right. Q Did he ever go to your office? i ' A Not recently. ' Q And ·you would go in and you would examine Mr. Dietz and you wou d i I ----------~~----~----~~------_unx__H~~~ek~----------------------------~~62~- treat him or give him, administer medication and leave. Is that correct? A That's right. Q And you are an efficient and prompt physician, are you not? e A I didn't get you. ~ Q You are a prompt and efficient physician, are you not? z o( > A .J > I suppose . Ol z z Q Ill IL In other words, you do your job. You do it well and you leave. i 0 1-A Cl The best. z x Ul Q o( ~ You are interested when you attend your patient to devote your full .= ~ 0:: time and attention to him, are you not? 1-Ul Q A e .J o( u I do that with all my patients. Q Q :J ., And this is where your attention is directed on your patient and :h.i~ X 1:: N immediate needs. Is that not correct? ui 0:: Ill A 1-0:: I don't quite get your question. 0 IL Ill a: Q 1-When you are treating a patient, whether in your office, the hospitc: 1 a: :J 0 u .J or at home, your total attention is directed to treating your patient is < u ii: ... it not? 0 A That is true. e Q That's all. THE COURT: That's all, Doctor. Thank you. (Witness excused). MR. MODRAK: If the Court please, may I talk with one of the witnesses that's been called on another matt r 63 and then make an offer here as to her testimony? THE COURT: Do you wish to confer with one of your witnesses? MR. MODRAK: THE COURT: We will give you a few minutes ~ to do that. z c( > .J > MR. MODRAK: If the Court please, I want to Ul z z Ill II. try something I think which we have a right to do here, and i 0 1-~ what I want to do is on the basis of getting the truth for the z x (/) c( ~ Court. And I wish to call Herman Dietz, who is in the Court ..: 0 a: room here as our witness1 witness for the Claimant. 1-Ul 0 e .J c( § MR. ZEMAN: This is objected to~ if Your Q :J .., Honor please. :1: ~ 01 THE COUNT: You may call any person what- ai II: s soever srs your witness. There is no restriction on the pers ns Ill 1-II: 0 II. Ill II: 1- whom you may call as your witnesses, subject, of course, II: :J 0 0 .J to the legal implications thereto. c( i3 ii: ... MR. ZEMAN: If the Court please, we would 0 object to this for the reason that th~s witness just happens to be in the Courtroom and it is our understanding of the Rules of Civil Procedure, which are applicable to this actio , that in order for counsel to avail himself of the testimony o this witness, this witness must have been subpoenaed for t t purpose. The mere fact that he happens to be in the Courtr --------Tl Herman Dietz does not operate as a waiver of the subpoena requirement. THE COURcT: We will not require counsel to present a subpoena or to secure any. We will permit him to call this witness. You may call him. MR. MODRAK: If the Court please, now--- THE COURT: We need no explanation of it, Mr. Modrak. If you want to call a person who is present as your witness, you have the legal right to do so. That· is wha the Court has ruled . .J n HERMAN DIETZ IS CALLE D AND SWORN. jj :J ~DIRECT EXAMINATION BY MR. MODRAK: ~ - :... ~~ Ill 1-a:: ~A Ill a:: What is your full name? Herman Dietz. 64 1-a:: :J 0 u MR. ZEMAN: If the Court please, since couns ~1 .J < u ii: b. 0 _ has seen fit to call Mr. Dietz as his witness and not as for cross examination. we ask for an offer of proof. MR. MODRAK: I want to give that. Your Honor, and I am prepared to give it. THE COURT: You may do so. MR. MODRAK: We are going to show by this witness that he did some accounting wor~-: for Mr. Dietz, he -------11-----·--·-----------------------------···-1---- .----------..---------------------------------------.------ Herman Dietz 6-5 -------lt----~----C<C~•--------------------------------------------~------ had access to his accounting books, and we wish to have thi witness testify that Jennie McKnight is the person who, on every occasion except one occasion1 September of '671 collected rents from Mr. Dietz's tenants and banked them a~ e the bank. MR. ZEMAN: If the Court please, this is ~ z < > ..1 contrary to the claim of the Claimant. The implication of > Ul z z Ill the offer is that this was an action on the part of the claima t IL i. 0 1-\!) for wages. If the Court will refer to Item No. 21 rent z x Ul < collection and bank deposit fee,from June 1, 1966 to Octobe 3: ..: u it 51 1968 as per Schedule "B"1 $833.30 and the substantiatin~ 1-Ul 0 e ..1 < u 0 :J statement for it, the Court will note that the claim is for a commission for rental collection and that no evidence of ., X ~ Cll this nature is admissable under the Real Estate Licensing uaw ai a: Ill 1-a: unless it has first been established that the claimant qualifi s 0 IL Ill a: as a person authorized to collect rents under the Real Estate 1-a: :I 0 u Licensing Law and that it must be established that she mee s ..1 < u ii: one of those classifications;and that if she did this work and II. 0 based on her affidavit1 since she charges a commission1 e that she has committed a misdemeanor under the laws of the Commonwealth of Pennsylvania and that under the cir- cumstances such testimony is not only without proper foun- dation, it is contrary to law. It is scandalous and it is objectionable and inadmissable as a matter of public policy -----------------------------------;------ Herman Dietz 66 irrespective of what this witness will testify to. THE COURT": The objection is overruled; exception noted. You may proceed, sir. Q Mr. Dietz, what is your profession or occupation? e A I work in a bank. ct Q What bank? z ct > A .J )o Mellon Bank, Claysville Office. (I) z z Q Ill D. During what hours do you work there? i 0 A 1-C) My normal hours are around 8:30 until 5:30. z i (I) Q ct ~ ·Would you tell the Court who collected the rents for August Dietz, .,: 0 0: if you know, from June of 1966 up to the time of his death? 1-(I) 0 A e .J ct § Jennie McKnight picked up the checks and deposited them in the bark. D :J ., With a few exceptions where they were delivered to me. :1: ~ Q til Yes. We have one in September of '67 of $300.00 was given to you. ui It Ill 1-It Do you know any exceptions to that? 0 D. ~A 1-In what way do you mean, exceptions? It :J 8Q Were there times when you collected that rent? .J ct I ~A I II. Well, there was one of them given to my wi~e. She was in the Spar ! 0 I Market at the time. And another one I had received because I happeped I e I to be there at the time. Q And the Spar Market, how is the market connected with this? A Spar Market is one of the tenants of 41 West Pike Street. Q And w m are the other tenants? A It's the Dietz Bakery which is owned by Joe Radinsky. -------n-------~ ____________________ _, _____ _ 1e I I :z <t And what was the monthly rental paid by Spar Market? $300.00 a month except for a period of time where he was only paying $275. 00. What was the monthly rental paid by Joe Radinsky? $60.00 a week. Were there any other tenants thatyou know of? ~ A No other tenants • >-@ z ~ Q Now how were you related to August Dietz. the decedent? z ffi A The decedent is my uncle; was my uncle. ~ l: ~ Q Cross examine. 3: ~ 2 cr I-t~ 0 .J ::! u g CROSS EXAMINATION BY MR. ZEMAN: ., ~ (\j Q Mr. Dietz, were you present at any time that Jennie McKnight Iii ~ ~ collected the checks from this Spar Market or from Mr. Radinsky? 0 II. 021 ~r A No. I-ll: :J 0 u Q Do you know of your own knowledge or did you ever see her collect .J < 0 D: these checks? ~ 0 A No. Q The only knowledge that you have is that she told you she collected them and deposited them. Is that right? 'i A That's right. And the deposit tickets. 67 THE COURT: She didn't tell him that she coll cted them· and deposited them. She may have told him that she .-----------.-.---------------------------------------~----- Herman Dietz 68 collected them but he saw the deposits, he took the deposits as I understand it. Q Well, did she deposit them according to. the information which she gave you? e A Yes. They were deposited. ~ Q By her, from what she said? z <( > A Yes . .J > (I) z z THE COURT: Just a moment. I don't get that "' II. i 0 clearly yet. Does he know of his own knowledge that she ... CJ z i (I) deposited them or is he simply saying that he heard her.sa:y <( ~ t that she collected them and deposited them? ii: ... (I) 0 Q That is my understanding of his testimony. e .J <( u 0 THE COURT: I want that clarified. :J "' :t ~ MR. MODRAK: I would too, Your Honor. N cri a: "' Q In other words--may I put the question to you, will you state wheth =>r ... a: 0 A. "'· a: or not you at any time saw Jennie McKnight collect the checks fron ... a: :J 0 Radinsky or the Spar Market. u ' .J ; <( u A I never saw her collect them. ii: No, ... 0 THE COURT: We aiready got that in the testi 1nony. e What we want to know is whether he knows of his own knowl ~dge that these checks were deposited to a proper account. Q This is my next question. Will you state whether or not, Mr. Diet2. you ever saw Jennie McKnight--- MR. MODRAK: Objection. That's repetition. -------il------·-~---------------------------------t-:----- Herman Dietz 69 ----------~r---------·------------------------------------·----------------------~------ It's not relevant here as to what he saw. What he knows. THE COURT: We are entertaining a que S:ion from counsel as to whether or not this witness knows the I disposition of those checks which she says she collected. e And the question is proper. Now don't interrupt counsel. ~ Q Will you state whether or not. Mr. Dietz, you ever saw Mrs ,McKn ght z < > .J > deposit any checks at any bank? til z z Ill II. A No. I never saw her deposit them. i 0 ... Ill Q Will you state whether or not the only information which you have z i: til c( ~ regarding her making the collections and depositing them came fro n .,: u a:: her statements toyou? ... !!! 0 e .J < § 0 :J A Repeat that question. (Stenographer reads back last question): "Will you state whether or not ., l: ~ "' the only information which you have regarding her making the ai a:: Ill ... a:: collections and depositing them came from her statements to you?" 0 II. Ill a:: ... A I have the deposit slips. a:: :J 0 u Q But who gaveyou the deposit slips? .J c( u ii: II. A The original deposit slip was left. was returned in the bank state- 0 ment; the ~nS>tomer's copy of the deposit ticket was left in his e apartment and periodically I picked them up. Qi.-. So that you have no direct personal knowledge as to who actually made the deposits. is that correct? i A As to who took them into the bank. I can't tell you. Q Mr. Dietz. from what bank did these deposit slips come to you? ----------~~--------------------------------------------------------------~------ Herman Dietz, ------------~~------------------------------------~,~----------------------------~------70 A Canonsburg Office of Mellon Bank. Q Now will you tell the Court please how far the Canons burg Office of the Mellon Bank is from the apartment of your late Uncle August Dietz? e A It's a half block. Q Is it on the same side of the streetJ? ~ z <( > ..I A The same side of the street. > 01 z z Ill 11. Q And have you had occasion to walk from your uncle's apartment to i 0 ... the Melbn Bank? (!) z :t 01 <( A Quite often. ~ ..,: u it Q And how long does it take? ... 01 Q e ..I c( ~ Q :J A It depends on how fast you're walking. A minute and a half, ifJl: could easily be, or less. ., :1: 1:: N Q And do I understand you to say that these deposit slips which you a) a: Ill ... a: got represented monthly deposits of the Spar Market check? 0 11. Ill a: A That's right. ... a: :J 0 u Q And weekly deposits of the Radinsky checks. ..I c( u ii: A Right. b. 0 Q And over what period of time did you receive these deposit slips? e A Well, this would be, let's see, I think he went to the hospital in May of '66 and he died in October of'68. And it runs over this period of time. 1 Q For a period of about a little over two years. A That's right. Herman Dietz 71 ,I Q That you received these. And that these collections were made by Jennie McKnight then according to the hearsay information that you have. I A Yes. II IQ That's all. REDIRECT EXAMINATION BY MR. MODRAK: Q You saw these bank deposit slips, didyou not, Mr. Dietz? A Yes. Q In what capacity were you wisitii:Ig::; with your uncle at the time hew s at the hospital, at the Manor? A I was visiting my uncle as his nephew? andyisiting him in his sickness. Q What work were you doing for him at that time? A Well, while he was in the hospital there wasn't anything that I really did for him in the way of over and above visiting him. However, when he went to the Manor, someone had to take care of his affairs and be able to pay the bills or at least give him the checks that he could sign in order to pay the bills. Q And then did you oversee the work that was done for him while he VI as in the Manor? A In the writing of checks, paying bills, yes. I 'Q And then it was also your duty to oversee the collection of the rents, is that right? Cross that. Did you know that the rents were ----------------------.--------- Herman Dietz ,.,C) ----------~r---------------------~~~~~~~----------------------------~~-~ being collected? I knew the rents were being collected. By whom? And that they were being done by Jennie McKnight. Did you know that the money, that the checks from the rentals werE being deposited at the Mellon Bank? Yes, I did. And by whom? I don't know who made the deposits because I wasn't there. But· I would assume that they were made by Jennie. MR. ZEMAN: We ask that the answer of the witness be stricken because it is stated as an assumption. THE COURT: The motion is refused. To whose account were they depo~ited? August Dietz. And.where did you say you picked up these bank deposits ? I received the original from the bank in the·barik's statement. And then there's a customer copy that I periodically would pick up in my uncle's apartment. Did August Dietz have a housekeeper there? MR.· ZEMAN: This is objected to as beyond the scope of the offer. THE COURT: The objection is sustained. Q When you came to the apartment on your visits, who was there? I ' II. I e ct z ct > ..I > Ul z z Ill Q. i 0 ... C) z % Ul ct := .,: u ii: ... Ul 0 e ..I ct ij 0 :J .., :t ~ N oi a: Ill ... a: 0 Q. Ill a: ... a: :J 0 u ..I ct ij ii: ... 0 e Herman Dietz 73 MR. ZEM:AiN: This is objected to as beyond the scope of the offer. ·THE COURT: The objection is sustain eel. ; Q Who gaveyou. the bank slips that came to that apartment? A I tllficked them up myself because I had a key to the apartment and would go there periodically. Q That's all. RECROSS EXAMINATION BY MR. ZEMAN: Q By way of recross examination, Mr. Dietz, while you were handlin~ you'r uncle's affairs while he was incapacitated, lrospitalized or in the nursing home, will you state whether or not you had a Power of Attorney for this purpose? A I don't know when it was made but later on when he was in the nurs ng home there was a Power of Attorney made by my uncle so that I would be able to take care of his affairs. Q The Power of Attorney ran in your favor, is that correct? A Yes. I was named as general Power of Attorney. Q Will you state whether or not that Power of Attorney ratified and confirmed any acts which you had previously done for him in this respect, to the best of your recollection? A That I cannot say. Q Mr. Dietz, did you ever make a charge for the work that you did fo -------il----------··---------------------------------------;------ ----------~r-------------------------Y~gnjQ~i~t~z~----------------------------~--~7~4-- your uncle by way of a commission? A No. Q That's all. MR. MODRAK: Is Mrs. McKnight related to Mr. Dietz. your uncle? A Not as far as I know. MR. MODRAK: That's all. THE COURT: You are excused, sir. Recess until1:30. R E C E S S At 1:30 o'clock this same date, the hearing continued: THE COURT: Mr. Modrak. you may call your next witness. MR. MODRAK: If the Court please, l 1d like to offer this exhibit 1 in evidence. MR. ZEMAN: If the Court please, we object to the admission of Claimant's Exhibit 1 into evidence for the reasons previously given when the matter was first marked for identification. We further object to its admission for the reason that the testimony has disclo ed material alterations in the instrument. Theee alterations are beneficial to the claimant and contrary to the interests of the estat The alterations are patent on the face of the instrument. The testi ony regarding the instrument is in conflict, that is the testimony of the witness McKnight, and the testimony of the witness McNary are in 75 conflict. Next, the instrument shows on its face the presence of material alterations by reason of the shading of the ink, the posit iah of the alterations, the apparent pressure used in making them. The testimony does not explain satisfactorily any justifiable or e legitimate or valid reason for the alterations. The testimony of the :! apparent unbiased witness, Mary McNary, clearly shows that the z < > .I > word "Seal" which is a significant and rna terial alteration, was Ul z z Ill a. affixed at her suggestion by the Claimant, Jennie McKnight, severe: l i 0 1-C) days after the execution of the instrument by the purported maker, z i Ul < ~ August Dietz. The testimony of the witness, McNary, shows and ..: 0 ' i clearly states that the alteration was not done at the request of or 1-Ul Q e .I < 0 with the consent of the purported maker, August Dietz; that under 0 :;) the ci~cumstances the entire instrument is void, invalid and inad- "I :1: ~ N missable. Therefore, we r.es pectfully submit to the Court that undE r ui a: Ill 1-a: all of the case law, particularly the authorities which I have menti< ned, 0 i a. Ill a: 1-the exhibit should not be admitted into evidence, should not become a: :;) 0 I 0 .I a part of the case and should be dis regarded. < u ii: 1&. THE COURT: The objections of counsel are overruled; exception 0 noted. The exhibit is received in evidence and made part of the recprd. e Do you have any further witnesses, Mr. Modrak? MR. MODRAK: No more, if the Court please. The doctor has a claim here and we'd like to call--- THE COURT: We are not through with this claim yet, Mr. Modr< k. MR. ZEMAN: Do I understand that you have rested, Mr. Modrak~ ------------~~--------<-----------------------------------~------ MODRAK: We have rested. MR. ZEMAN: If the Court please, at this time we demur to the evidence and respectfully request that the Court dismiss the claim of the Claimant, Jennie McKnight, for the reason that she has not established by any of the evidence which meets the required standaV.d of proof, that is that the proof on a claim for wages against the decedent's estate be clear, positive, direct and convincing; that there is no evidence that she was a housekeeper and entitled to wages as such. There is no evidence showing the services which she rendered. There is no evidence showing when the services wer rendered. There is no evidence showing the value of these services. And further, that ifLclearly appears from the rather loose and in- sufficient testimony that has been adduced in support of her claims that they are barred by the Statute of LimitatiQns; that she had ample opportunity in the lifetime of the decedent if she had a prope claim to make it; and that there is a strong presumption in addition to the Statute of Limitations which I think, as the Courts have showln, increases as time goes by, that there was no employer-employee relationship . . There are suggestions in the testimony we submit which indicates that if any services were performed they were performec without the expectation of payment or that they may have been perfcbrmed, if they were, in the expectation and anticipation of a legacy. We further submit that the evidence regarding the document which the ~ ··-----------··------------------·. -i---- I' il ~ I ill[ !1 ~ ill ~ ~ c: <\ > .JI )" Ol :..; :z [j il. :i 0 p [J z :;: Cl «1 s: n.: u 6! 1-Gil c e .J <t § tl :;) ., :!: ~ 1M oi ~ E'l 1-~ () @. [j l'l: ... ~ :J 0 u .I <t u r;;: D. 0 Court has admitted is objectionable for the reasons that we have mentioned_, and is not admissable, notwithstanding the ruling of the Court. That the document itself shows that any action on it has been tolled by the Statute of Limitations. That there is nothing in J the instrument itself which constitutes a promise or an unequivoca I acknowledgment of a previous obligation. There is no testimony which establishes the presence of past consideration. And finally, that on the claim for .:;(e:oUection she charges a 5o/o commission on the amount which she purports to collect. That this is contrary, I specifically contrary to the Statutory law of the Commonwealth I ~ and we refer the Court to the act known as the Real Estate Broker'$ ~ License Act, the Act of May, 1929, May 1st, P. L. 1216, as amen4ed., . II and as found in, I believe it's 63 Purdons Statutes, Sections 431 et !eq. which indicates that only those persons permitted by the Act may c arge or attempt to collect a commission for rentals and there is no evidence or proof that the Claimant was any of the parties entitled to charge such a commission; those parties being listed in Section 4 32 of the Act. That the Act itself makes it a criminal offense for a person to act or to perform the functions of a broker and to char e a commission. And that this is a penal provision and that the Act specifically provides-that no civil action may be brought by any per on not allowed by the Act to collect a commission. THE COURT: The demu~ overruled. Does counsel have any testimony to offer? ~------------~------------------------------------------------------------------ 78 MR. ZEMAN: At this point~ if Your Honor please, the estate wil offer no evidence~ but will ask that a verdict be directed on behalf of the Defendant, the estate of August Dietz, deceased, and agains the Plaintiff Claimant, Jennie McKnight, for the reasons which I h< ve e more fully set forth in our demur to the evidence. ~ THE COURIT': The motion is overruled and refused. z ~ > .J > MR. ZEMAN: The Court will notice an exception, I trust, and pe mit (I) z z bl .Q. us to s etforth our reasons !n support of the motion for--let me i 0 1-I!) see now. Don't take this . z i Ul ~ ::: (At the request of Mr. Zeman, off-the-record discussion was not recordec ..: u i by the stenographer). 1-Ul il e .J ~ ij il :J ., THE COURT: That will dispose of the claim submitted by Mrs. Jennie McKnight. Now we have a claim to hear of Dr. Hudacek. J: ~ 01 MR. MODRAK: He has been sworn~ but on the other case. o) a: bl 1- : a: 0 THE COURT: He may be sworn again. This is a different case. IL ' Ill a: 1-a: :J 0 u DR. ALBERT HUDACEK IS CALLED AND SWORN. .J ~ u ii: ... DIRECT EXAMINATION BY MR. MODRAK: 0 Q What is your full name? e A Albert A. Hudacek. MR. ZEMAN: We ask for an offer of proof, Mer-. Modrak. THE COURT: You may make your offer~ Mr. Modrak. ----------~~~----~----------------~dac~e~k~--~----~~--------~--------~ MR. MODRAK: If the Court please, we will sh w by this witness his name, occupation, and he will testify that he did make vis its in his official capacity as a doctor t. Gus Dietz during his lifetime. We have bills which were n t paid by Mr. Dietz during his lifetime. MR. ZEMAN: If the Court please, we object to the admission of any such testimony as violative of the Act of 1887 known as the Dead Man's Act. The witness no being offered being a Claimant, testifying against the estat as to transactions purportedly occurring in the lifetime of the decedent and for which he is attempting to make a charge against the decedent. MR. MODRAK: If the Court please, in addition to this witness, we are going to follow this by Mrs. Jennie McKnight, who was the housekeeper at the home of Gus Die z, who will testify she called the doctor and that she was ther when he came to treat August Dietz. THE COURT: There is no impediment to the calling of Mrs. McKnight for the purposes indicated, but the testimony of Dr. Hudacek concerning calls that he mad to this decedent are improper and the objection to same voiced by counsel for_-the estate is sustained. The mere fac that you supplement his testimony by other testimony of another witness does not cure that incompetency. This r---------....----------------------------------.-----------, Jennie McKnig;;.:h..;..t ______ .;..._ ______ ~_8_0_ witness is incompetent to testify to the matters indicated by counsel. We will therefore sustain the objection. MR. MODRAK: Mrs. McKnight, will you take the stand and be sworn please? JENNIE Mcl}NIGHT IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. MODRAK: Q Do you. know Dr. Hudacek? MR. ZEMAN: We ask for an offer of proof from this witness~ Your Honor. MR. MODRAK: If the Court please 1 we offer to prove by this witness that while at the apartment of August Dietz1 she called Dr. Hudacek and that Mr. Dietz asked he to call the doctor, which she did1 and she was there on visi s rna de by the doctor 1 who treated Mr. Dietz. MR. ZEMAN: If the Court please, we submit that the offer as stated is unsufficient as a matter of law to meet the standards of proof of this claim and that if Mrs. McKnight is the only witness, that the offer is insufficient for the reason it is not sufficiently detailed the number of times that she called the doctor, the services which he performed or the value of the services; and that she as a layman is certainly not competent to testify either as to the value of the services or the nature of the services. The offer ----------~~-------------··~·------~J~nnie McKnig~h~t--·--------------------------~-~8~1~- I 1e I ~ z <( > .J > (I) z z Ill D. i. 0 .. u z i (I) <( ~ .,: !:! a: .. (I) 0 .J ct § c :J .., :t .. " (II ai a: Ill .. a: 0 D. Ill a:: .. a: :J 0 0 .J ct 0 ii: IL 0 ! ' further doesn't state the number of times or the days or other times in which the doctor was called or made visits. And unless Mr. Modrak is prepared to offer expert evidenc and testimony as to the value of the physician's services an the services which he performed~ the evidence which is noV\ being offered is wholly immaterial~ incompetent and irrele' ant. 1 THE COURT: The objection is overruled ; exception noted. MR. MODRAK: . If the Court please, I would like to show this claim~ it's a doctor claim~ and ask her, tc the best of her knowledge, were these visits made by the doctor to the home . MR. ZEMAN: If the Court please, the itemiza"ion attached to the claim was not made by this witness and cer tainly cannot qualify as recollection recorded or for the purpose of refreshing her recollection. The item attached o the claim does not qualify as evidence tmder the Shop Book RUle and certainly no foundation has been laid to prove its validity under the Uniform Business Records and Evidence Act. And we submit as authority to the Court the case of Yeatts Estate~ 12 Fiduciary Reporter, 407; Stoneroad Estc; e, 9 Fiduciary Reporter, 353; also in 19 D.& C., 493; and the very, and I certainly do not wish to appear unduly---to m~ e any improper statements~ the very excellent opinion of this I I. le ~ z <( > ..J > Ul z z Ill II. i 0 ... Ill z i Ill ~ ...: !:! II: ... Ill c ..J <( Q a :J .., :z: t. til vi II: Ill ... II: 0 II. Ill II: ... n:. :J 0 u ..J <( ij ii: b. 0 ~ . Jennie McKnight 82 Court in the Estate of George C. Michener reported in 45 Washington County Reports1 page 54. THE COURT: What estate? MR. ZEMAN: The estate of George C. Miche ~er. That's the man I think lived down around Fredericktown where the administration of the estat:e.~:,was raised quite late in the question of the Statute of Limitations and so on. THE COURT: The Michener case wouldn't be authority for this . MR. ZEMAN: It 1 s not directly in point as J\:fdge·Rahaus:e.r.'s:o~inion in St~eroad's Estate and the opit ion .in Yeatts Estate where the Court specifically held that items such as that suggested by counsel were repudiated by the Court as inadmissable items of testimony. THE COURT: We have no indication as yet a, to who made out this itemized bill which the doctor wishes to recover on. It may have been this witness. I don't know wh) made 1 it. . MR. ZEMAN: If this witness~ of course~ mace this out~ this would be a different matter, but may we sugg~st if Your Honor please1 that in order to qualify this that this witness must be in a position to testify that she made these out. THE COURT: If she is going to testify from ----------~r-------~--------------~-T~PlnU~.l~·e~g~ht~----------------------~-~8~3-- ~ z ct > ..1 >-Ul z z Ill 0.. z e C) z i: Ill ct ~ this itemized list she would have to indicate that she made out the exhibit or the list; but whether she made it out or no is unknown to the Court. And we would permit her to testify as to her recollection of what visits were made which woold be known to her, but not to compare it with the itemized list that we have before us as the claim of this Claimant. So that the objection is sustained ins'oia.r, :-as it would comp ehend the questioning of this witness as to specific dates mentione in this itemized list. But even though we will not permit that' line of questioning, we will permit her to use her own recollection as to what calls were made and whether or not the doctor responded thereto in response to her calls. You may proceed, Mr. Modrak. ~ (Continued examination by Mr. Modrak): Ill ... 0: ~ Q Mrs. McKnight, I want to ask you only in connection with house 0: ... 0: :J 0 u .J ct 0 ii: II. 0 calls, if any made by Dr. Hudacek from March of 1965 and on. Could you tell us approximately how many calls were made per we k or per month? MR. ZEMAN: This is objected to as being a vague and indefinite question that the witness is. asked to state an approximation or an opinion. Whereas, she mu t testify, it is our understanding from the Court's ruling, that she must testify as to when the doctor was called. l e Jennie Me Knig,~h..::..t --------------1-_,.::!.84..!.- THE COURT: The objection is overruled; exception noted. Will you read the qu.estion1 Mrs. Hammon· ? (Stenographer reads back last question): "Mrs. McKnight1 I want to ask you only in connection with house calls1 if any made by Dr. Hu.dacek from March of 1965 and on. Could you tell u.s approximately how many calls ~ were made per week or per month?'' z < ~A I really can't tell you the amount. But I know the doctor came Ill z z ~ everytime I needed him and he came once a week every week that I i 0 ~ was there. I would say once a week, he came on Sundays and I was z i: ~ always there when he caine . .,: u a: MR. ZEMAN: If the ·Court please1 we move th-r-t 1-Ill Q .J the answer be stricken as unresponsive. < Q Q :I THE COURT: The motion is refused. ., J: 1:. N Q Do you know whether Mr. Dietz had any other doctor besides Dr. ui a: Ill 1-a: Hudacek? 0 D. Ill a: 1-A Not to my know ledge. a: :I 0 u ..I Q And as far as you know, is Dr. Hudacek the only doctor he had? < 0 ii: IL A The only doctor that I know of. 0 Q As I understand, Mr. Dietz was taken to Washington Manor in 1966. A May I say something? Q Sure. A Mr. Dietz was taken to the Canonsburg Hospital on May 20. I went up and he was in very bad shape and I called Dr. Hu.dacek and he told me to call an ambulance and we had him sent to the Canonsbur, .-----------,-.-----------:------------------- Jennie McKnight 85 Hospital. And I think he was there about three weeks. Who took care of him at the Canonsburg Hospital? Dr. Hudacek. Do you remember the time Mr. Dietz went to the Washington Mano1 ? Well1 it was about three weeks after 1 I think it was in June~ I would ~ay June. MR. ZEMAN: If the Court pleas e1 this goes beyond the scope of the offer. The offer was that this witness called Dr. Hudacek and when she>called him1 he came to the house. Now she has already testified that he took care o him in the hospital, now she is being asked about the Washir gton Manor. If the Court please, we'd like to amend our offer. THE COURT: You may make another offer beyond the scope of the original offer. MR. -.MODRAK: We wish to make another offer1 Your Honor, to show by this witness that af1!:er Mr. Dietz was taken to Washington Manor in May or _June of 19661 Dr. Hudacek was the attending docd:lor from that time on unt 1 his death. MR. ZEMAN: The issue, if the Court please1 is not whether he was the attending physician, but what services he performed and how often. THE COURT: The attendance of the physiciar: Q ~ z ~ _. A > Ul z ~ Q i ~ A z i Ul ~ Q t A ii: ... !!! ~ Q < u g A ., :z: 5 Q ui a: ~ A a: 0 0.' Ill ~ Q a: :I 0 u .I < u ii: A II. 0 Q A Jennie McKnight is one of the facets tnat we must know. Whether or not there is any further work to be considered is another mattel--. We will hear the testimony as far as it goes. Now Mrs. McKnight1 while Mr. Dietz was at the apartment and before h~ went to the hospital or to the Manor, who took care of all his medical treatments at his home? You mean the doctor? Yes. Dr. Hudacek. Was any other doctor called in? Never; not that I know of. Do you know whether any medicine was prescribed?. Oh, yes. We'd have prescriptions filled • Who took care of the prescriptions? Taylor's Drugstore was in business then. And after he was taken to Washington Manor and incidentally1 how did he go? Did he go of his own ability? No. His nephew took him up. I sent him to Canonsburg Hospital. Herman Dietz took Mr. Dietz to the Washington Manor. Did you visit him up there at the Washington Manor? A couple times a week. Q Who was his physician at the Washington Manor? A I didn't know. Q Didn't Dr. Hudacek take care of him? 86 --------~~~~------------------~~cKillghl.L-____________________ _, ___ ~~- A Oh1 yes. q MR. ZEMAN: If the Court please, the witnes p has just said she didn't know. Then in response to a leadi1g question she said that it was Dr. Hudacek. We move that the last two questions and answers be stricken. THE COURT: The motion is refused. It woulc appear to the Court that the witness did not immediately un er~ · stand the qu"estion and corrected it herself. Q Mrs. McKnight~ did "Mr. Dietz have any other attending doctor besides Dr. Hudacek up until the time he died in October? A I know Dr. Hudacek was at the Manor but I don't know what other doctors were. They might have had to call another doctor in the Manor. Q Do you know of your own knowledge that Dr. Hudacek visited him? A Yes. I was out there several times when he came in. Q As far as you can explain it1 what kind of medical service did the doctor give to Mr. Dietz? MR. ZEMAN: This is objected to for the reason it c·ans for the expert testimony--- Q That1s\what you wanted. THE COURT: The objection is sustained, in so far as it would comprehend specific medical services. But the witness may res pond to the question in the manner ip. which the doctor performed any services that she saw him r--------------..-------------------------------------------------·--· Jennie McKnight 88 perform1 if she did. (Stenographer reads back last question): "As far as you can explain it, what kind·of medical service did the doctor give to Mr. Dietz?" A I thought he gave very fine service. 'MR. ZEMAN: This is objected to as not res potlsive to the question. THE COURT: It is not responsive and it is stricken. Q I don't know whether I asked you this question. While he was at the apartment, did the doctor or did Mr. Dietz have any other doctor besides Dr. Hudacek to take care of his ills? A No. Q How often, of your own knowledge, do you know how often the doctc~ was called there to this apartment per week? A No. !really don't know how many times, but several times. But what I do know, when I called him he would come right away. Q He always came? A Yes, he always came. Q I believe you did say he came there at least once a week. MR. ZEMAN: We object to this, if Your Honer please. It's repetitious and leading. And the witness has just testified she doesn't know how many times he came. I think she said he came several times. THE COURT: The answers are not necessari y --------------------------------------------------------~------ Jennie McKnig,~h~t--------------------------l--~8~9-- in conflict. We will permit the ~uestion. (Stenographer reads back last question): 11 I believe you did say he came t ere at least once a week. 11 A That was on Sunday. He came every Sunday after church. e THE COURT: Mrs. McKnight, I believe :! you testified that he came there at least once a week during z c( > ... > the time that you were there. Now could you tell us how lon· Ul z z Ill II. you were there? i 0 .. C) A You mean----I don't understand how long you mean. z I x Ul c( 3: Q What period, JU<;:lge? .,: u ·a: THE COURT: You would call the doctor .. Ul Q e ... c( § and he would come? D ::J A Yes. ., J: ~ til THE COURT: And you stated at least vi a: Ill .. a: once a week and on Sundays. You also stated that this hapr·ened 0 II. Ill a: .. during the time that you were there. a: ::J 0 u A Yes. ... c( u ii: II. THE COURT: How long were you there 0 When did you complete your services for Mr. Dietz? e A I was with Mr. Dietz 18 years. THE COURT: We are speaking now of t[le---- A Of his sickness. It was between '63 and '66. THE COURT: Were you there as a houE ekeepe:~; we will assume? ·»--------·-------------~--- Jennie McK~n~i~~g:h~t----~------~-------------+--~9~0- A Yes. THE COURT: Up to the time that Mr. Dietz went to where ever the place was---- A No, the Canonsburg Hospital first. e THE COURT: Were you there during all that time? ~ z < > .... >-A Yes, I was. And I called the ambulance for them to take us to the (J) z z llJ Q. hospital after I called the doctor. i 0 1-C) THE COURT: You may continue. z i (J) < ~ Q On these visits the doctor made, did he visit there as a visitor ..,: 0 ii1 or as a doctor? 1-(J) Q e .... < § Q :J A As a doctor. Q They weren't social visits? ., :z: ... .... N A No. ai II: llJ 1-II: Q Cross examine. 0 Q. Ill II: MR. ZEMAN: If the Court please, we move 1-II: :J 0 0 that any testimony of this witness as to any visits prior to .... < u ii: March 1 of 1965 be stricken for the reason that the claim ... 0 as submitted is only claiming for services rendered from e March 1, 1965. THE COURT: As far as this witness is con- cerned, Mr. Zeman, I don't think that she has testified as to any other period of time because Mr. Modrak's first question started with March 1. 1965. '------------ .-------------~--------------------------------- Jennie McKnight MR. ZEMAN: I was referring to the statement she made she had been there 18 years or something. CROSS EXAMINATION BY MR. ZEMAN: Q Mrs. McKnight, when did Mr. Dietz first go to the Canonsburg z ~ Hospital? ~· z ~ A It was about two years before the second time. I don't have the date. D. i e Q C) z i: ~ A ~ ~ Q a:: t-tl) o A ...1 < u 0 Q :J ., :z: When was the second time? The second time was May 20, '66, May 20, '66? Yes • And when did he go to the hospital before May 20, '66? 5 A Well, he was in the hospital~ I would say a year and a half or two ui a:: ~ years before for about ten days. a:: 0 D. ~ Q But you are not positive? 1-a:: :J 8 A I am not positive of the date, but I know he was there. I think I ...1 < ~ called your father and he came down and recommended him to go ... 0 Q A Q to the hospital. You, I take it, visited Mr. Dietz while he was in the hospital. Is . that right? All the time. How many occasions while you were in the hospital visiting Mr. Dietz did you remember~::S:.e:Eiin_g Dr. Hudacek there? 91 Jennie McKnight 92 A Which hospital? Q Canonsburg. I A Well1 I can't say how many times he was there because he was there when I wasn't there. e Q But you don't know; you can't recall how many tirres you saw him? !! A No. z < > Q .J > Do you recall while you were at Washington Manor did you ever se Ul Z' z Ill II. Dr . .fludacek there? i 0 A ... C) Several times . z x Ul Q < 3: When you say several, how many times do you mean? .,: A u ii: Well-- ... Ul c Q e ..I < § c A :I Three times ? Three or four. He'd be there at the same time but Mr. Dietz always ., :t t:: C\1 told me when he'd be there. He mentioned to me that the doctorha~ ui a: Ill ... a: been up • 0 II. Ill Q a: ... Of your own knowledge, you saw Dr. Hudacek at the Canonsburg a: :I 0 u Hospital three or four times? ..I < u A ii: No. I said I didn't see him in Canonsburg. ... 0 Q You didn't see him in the Canonsburg Hospital at all? j-A No. He made his calls up in the morning. Q You. didn't see him in Canonsburg Hospital? A No, I didn't. Q You saw him about three times at the Washington Manor? A Yes. --------------------------------------------------~------ Jennie McKnight 93 Q And you don't recall how many times you saw iD;r, B:t:u;:t~:.c~k)from March 1, '65 until Mr. Dietz went to the hospital, do you? A No,. but about every Sunday he used to come to our house. Q Every Sunday ? e A Yes. He used to stop in after church. ~ Q Every Sunday from when till when? z c( > A .J > That I can't tell you. I just don't have dates. I don't have dates i Ol i z z Ill I II. :i 0 Q 1-C) with me. I didn't keep track of the dates. Did you call Dr. Hudacek to stop on Sunday? z i i: Ol A c( 3:: Well, Mr. Dietz was a sick man And he made his weekly visits .: 0 ir on Sunday. 1-Ul Ci Q e .J ~ !:! 0 :J But you didn't answer my question. Did you call Dr. Hudacek to come on Sundays ? .., :t I 1:: A til ui 0: Somet :imes I did. Ill Q 1-0: And sometimes you didn't ? 0 II. Ill A 0: 1- That's right. 0: :J 0 Q 0 Sometimes he'd just stop around himself, is that right? .J c( u A ii: Because he needed his blood pressure taken once a wee~. II. 0 Q But you didn't---you did testify, I believe, that Dr. Hudacek came e when you called hi'm. A Yes; many a time. Q But Dr. Hudacek also came, I take it, even when you didn't call hiln? A Sure. When people are sick a doctor keeps coming. Q He does? I ----------~~------·-----------------~nighut~------------------------~~9~4 __ _ A q Oh, sure. He needs help. Q Mrs. McKnight, Dr. Hudacek and August Dietz were old and close friendsJ were they not? A I don't know that they were. I mean I don't know about his friendshps but I do--- Q You knew Mr. Dietz for many manyjyears, didn't you? A Yes, I did. Q You.knew Dr. Hudacek for many many yearsJ didn't you? A · As a doctor. Q I am saying you knew him. A Yes. Q And you saw Mr. Dietz and Dr. Hudacek together on many occasio s, didn't you? A No, never. Only when I was in his home and he was sick. Q You never saw them out together? A Never. Q Do you know whether they belonged to the same club? A I don't know anything about the clubs. Q Do you know whether they ever went out together, that is riding, before Mr. Dietz. got sick? A Not that I know of. Q You saw Dr. Hudacek at Mr. Dietz's before Mr. Dietz got sickJ didn't you? A No. How would I? We don't have a doctor. It's hard to get a doctor Jennie McKnight 95 even when you are sick. Q Did you ever hear Mr. Dietz and Dr. Hudacek talking on the telephone? A Never. Q I have no further questions. c( THE COURT: Do you have any other questioru:, z c( > ..I > Mr. Modrak? Ul z z Ill 0. MR. MODRAK: Not from this witness. We'd i 0 ~ ~ like to call Herman Dietz as a witness for Dr. Hudacek. z :t Ul c( :r: MR. ZEMAN: We ask for an offer of proof, Mr. .= u i Modrak. ~ !!! D ..I MR. MODRAK: Yes. We offer to prove by this c( u 0 :I "1 witness that he hnew Dr. Hudacek was a family physician :1: ~ N for August Dietz; also that he wrote---either he wrote vi a: ld ~ 0: checks or he knew of checks being written which were not 0 0. Ill a: ~ cashed by Dr. Hudacek, with the explanation at that time a: :I 0 u there was some question as to Mr. Dietz's sanity and Dr. ..I c( u ii: Hudacek would not cash the checks. We will have him testiflr 1.1. 0 that he knew the doctor was a family physician, not only while he lived at 41 West Pike but also at the Washington Manor. -------H-------· ~··------------------------------1---- Herman Dietz 96 HERMAN F. DIETZ IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. MODRAK: Q Your full name is? A Herman F. Dietz. e Q Your address? ~ A 223 Thornwood Drive, Canonsburg, Pa. z < :i. Q > How long have you lived in and about Canonsburg? Ul z z A Ill IL .All my life. i 0 Q 1-Cl How many years is that? z % Ul A "' ~ 54 plus. ..: u Q ii: How were you related to August Dietz, the decedent? 1- ~ Ul Q A e ..I "' u Q Q :I .., He was my u.nc le. Do you know Albert A. Hudacek? :t 1:: A .. Yes, I do . rri a: Ill Q 1-a: How long haveyou known Dr. Hudacek? 0 II. Ill A a: Inabout 1933. 1-a: :I 0 Q u ..I 37 years? "' u A ii: Yes. II. 0 Q From your own knowledge. will you tell us who was the family e physician for your Uncle, August Dietz? A Dr. Hudacek. Q When your uncle went to the hospital, Canonsburg Hospital, who was his attending physician at the hospital? A Dr. Hudacek. ~------------~--------------------------------------------------~-------------------c------ Q It's been testified that you took your uncle to the hospital. A No. I took him to the Washington Manor. Q Do you know how he got to the Canonsburg Hospital? A Just I understood he went by ambulance. e Q Now who is the family physician? Who took care of your uncle , "' August Dietz at the Washington Manor? :E "' > A oJJ ~ Dr. Hudacek. !II ;;;: <!: Eel Q @, And as far as you know, did he take care of your uncle from the tir~e :i 0 I? G ~ he got there in May of '66 up until his death in O~tober of '68? ' :IE 01 A "' ~ As far as I know. If I may make one exception. t Q @: Sure. I? 01 ' i5 e oJJ A "' ~ I know that Dr. Graham , the Manor doctor, did talk to my uncle © ~ 9 several times. But other th;m that, Dr. Hudac.ek was recognized :;: " ~ as his doctor. ®i g ~ Q I? g Even at the Washington Manor? 0 @, 00 g A I? Yes. ,g ~ 0 Q 0 d And that he did make calls up at the Washington Manor ? «!; 0 1i: A !!, Yes. () Q Now as far as you know, w~as Dr. Hudacek ever paid from Marc~, 965 I e to the present time? ! A There was a check that was given to Dr. Hudacek by my uncle prior to May 20, I think it was in 1966. What day, I do not know. In addition, I sent Dr. Hudacek a check which he returned to me, I do not recall the amount. stating something to the effect that due tc his diagnosis, of my uncle at the time that he was in the Canonsburg Hospital, that he could not accept the check. Therefore. it was returned. Subsequently, I sent him a check which is called a Mellon Bank Money Order for $100.00 in payment on the bill. Also, e I had him as the doctor submit a bill to rM-edicare in 1967,I believe, or '68. :::!: z < > ... Q Would that money order on Mellon Bank that you gave the doctor, > en z z Ill would be about February 4, 1967? I). i 0 1-A I wouldn't recall. I'd have to look it up in the records. C) z i: en < Q And did you help fill out the Medicare papers for your uncle? ~ .: 0 A I fail to remember. I think I filled out the top part which gives a:: 1-Ul Q e ... < u c :I my uncle's name and address and the physician's name and Social Security number, but the rest of it is presented to the doctor "'I % 1-.... l'<l for filling out. ui a:: Ill 1-Q If I gave you a figure of $352. 00 as paid by Medicare, would that a:: 0 I). Ill a:: be abouy right as far as you know ? 1-a:: :I 0 0 A This I cannot verify because I didn't see the completed form. ... < u iL And secondly, I do not recall receiving notification from Medicare ... 0 as to what was paid to Dr. Hudacek. So I couldn't verify this. e Qr At the time you paid the $100,00, was there a bill submitted by ! ; I Dr. Hudacek that you saw? A There had been a bill subm :itted prior to this. MR. ZEMAN: If the Court please, we would object to the proof of any bills because this would be a self ---------H--------· -------------------------------------------------------~-;------ Herman Die tz 99 serving statement or declaration on the part of the Claiman and would be p!Vohibited by the provisions of the Act of 1887 THE COURT: The objection is overruled. (Stenographer reads back last question): "At the time you paid the $100. OC, e was there a bill submitted by Dr. Hudacek that you saw?" ~ A If I may say, it was at the time that I attempted to pay him this z < > ..1 previous amount and he did not accept the,_check. And the other on > Ql z z Ill II. was put in substitution of it some time later. i 0 1-0 Q That $100.00, was it a part payment or payment in full? z i Ql < A It was a part payment on the submitted invoice. ~ ~ ii: Q Do you know of any payment made on or about March 29~ 1966 in 1-Ql Q e .I o( i3 0 :I the sum of $35. 00? A This is about the period of time where I did note that he had made ., l: ~ Ill a payment to Dr. Hudacek before he went to the Canonsburg Hospit l. ui a: Ill 1-a: Q That payment would be $35.00? 0 L Ill a: A The record indicated it was $35.00. ... a: :I 0 u Q It's been testified that Dr. Hudacek saw your uncle in a professio al .I < i3 ii: capacity at least once a week. What is your recollection as to how lL 0 often the doctor saw him? e A I do not recall how often because it was only a couple times I had seen the doctor at the Manor and unless my uncle happened to say he was there I would have no way of knowing that he had been there Q Do you have among your effects or has Bob Zeman or Adolph Zeman shown you any bills by Dr. Hudacek to you? Herman Dietz 100 MR. ZEMAN: This is objected to, if the Cour please, as a violation of privileged communication. THE COURT: The objection is overruled. (Stenographer reads back last question): "Do you have among your effect~ or has Bob Zeman or Adolph Zeman shown you any bills by Dr. Hudacek tc 0 ? II y u. A You. mean since my uncle's death? Q No, before that. A Not before my uncle's death because he had submitted a bill to me, upon w~ . .ich I had made this partial payment eventually of $100. 00. But any subsequent bills went to the executor;: of the estate who happened to be Mr. Zeman. Q Did you give the Executor some papers? A I gave him whatever bills I had received. Q From Dr. Hudacek? A From Dr. Hudacek. Q How about this bill thatyou. got from Dr. Hu.dacek at the time you pc: id the $100.00? A I don't know if that bill is among the ones that I turned over to the attorney. This I cannot say for sure. THE COURT: How much was the bill? Q Do you recall approximately? A Let me see, there was a bill that I had received which said that at the time my uncle went to the hospital there was a balance due --------------------------------------------~------- Herman Dietz 101 of $77. 00. Then later on I had gotten a bill and there were addition~ to it due to the services rendered in the hospital and up at the Manor. And I don1t recall what that bill waEi. But I know it was ove $100.00 because I had paid $100.00 on this at that time. Q Doyou say that you don1t have that bill with the $100.00 rna rked as a payment? A This I do not recall because this is back two years ago. Q You do know thatyou gave Zeman & Zeman some papers in connect·on with Dr. Hudacek1s bill? A Some invoices that Dr. Hudacek had given to me while I was taking care of my uncle 1 s affairs . Q And were these bills submitted before or after your uncle 1s death? A The ones that I had were before my uncle1s death. Q Did you receive any bill from Dr. Hudacek after your uncle 1 s de at ? A If I received one after his death I would not have opened it because I no longer had any authority on this and anything that 1 received after my uncle1s death I turned over to Mr. Zeman, who was Executor of the estate. But I do not recall that I had one. Q But you do know that you did turn whate.Yt.e.rr you had, understand, whatever bills you had you turned over to Zeman? A That 1 s right. Q Some of these papers were invoides or bills from Dr. Hudacek. MR. ZEMAN: This is objected to as a leadin~ question. .---------~------,-,----------------- Herman Dietz 102 Q I'm just clarifying something1 Your Honor:. THE COURT: It is leading. You can ask whether or not the bills were. Q I ask you whether or not you turned over all the bills from Dr. Hudacek you had to Zeman & Zeman? MR. ZEMAN: This is objected to as assuming a fact in issue. THE COURT: The objection is overruled. A I believe that I turned over to Mr. Zeman those bills which I had from Hudacek after my uncle's death. Q State whether or not these bills were dated before your uncle's death, October of '68? A I had a ·couple invoices that were dated before his death. Q Your witness. CROSS EXAMINATION BY M~N: Q Mr. Dietz~ will you state whether or not you were ever in your uncle's apartment when Dr. Hudacek was there? A Not that I recall. Q Will you state whether or not you were ever in the Canonsburg Hospital when Dr. Hudacek was there? A I can only recall one instance when he came in when I was visiting with my uncle. 0 WilLJLOU state~wbe tber: Q,... nnt vm1 were ever at Washinmon Manor ,--------,.,--------------------------------------------------- -----~~--------~~~-~--lli.r.m.2.Jl..Diru~------------------l.lQ.3- when Dr. Hudacek was there? A I know of at least one instance Dr. Hudacek was there. He was writing at the time and said he had just seen my uncle. I do not recall. It may have been more than one1 but I recall of one in particular. How many could it have been? One is the only one I'm definitely sure of. So do I understand from your testimony thatyou saw Dr. Hudacek in attendance on your uncle twice? Twice 1 yes. Did I understand you to testify that the Medicare payment was $352. 00? I could not testify to the Medicare payment because I didn't see it. And I don't recall receiving an invoice from them that they had made the payment. However1 their invoices from Dr. Hudacek indicated there were payments from Medicare. The amount1 I do not know. And I don't wish to be repetitive1 but you sent Dr. Hudacek a chec1 for $77.00. I don't recall what the amount was1 but I did send him a check whi h was returned. Do I understand that you testified thatyou had sent him a check for $35. 00 in your uncle's lifetime? A That was my uncle sent that prior to his going to the hospital in Me: y. Q Do I understand that you paid Dr. Hudacek the sum of $100.00? Herman Dietz 1 '0'11 ----------~~--------------------~~~~~~--------------------------~~~- ~ z < A Q A Q A ::; Q > Ill z z Ill Q. i 0 1-1!1 z x ~ A .,: ~ a: I-ll) 0 .J < § D :J .., :z: 5 Q cri a: Ill I-IX 0 Q. ~ A I-IX :J 0 u .J < 0 Q ii: II. 0 A That's right. But you do not recall the amount of the invoice, is that correct? No, I don't recall the amount. Do I understand that you, after your uncle's death, received bills from Dr. Hudacek? I do not recall after his death that I had received one. Didn't I understand you to testify in response to Mr. Modrak's que~ tion thatyou did get invoices or bills from Dr. Hudacek after your uncle's death? No. I said that if I would have gotten one I would have turned it ove, to Mr. Zeman who was Executor because I no longer had any authority to do anything as far as my uncle was concerned. So I don't recall if the bill came to me or went to Mt. Zeman. But if a bill had come to you, you would have opened it and then taken it to Mr. Zeman, is that correct? Not if it came after his death. I would havejust returned it to Mr. Zeman. His mail was no longer anything pertaining to mysE lf. Were the bills that came to you addressed to you or addressed to yc ur uncle? That I cannot say. All my uncle's mail was directed by the Post Office to be sent to my house. Q After your uncle's death then any such mail you turned over to the Executor, is that correct? A That's right. Herman Dietz 10-5 ------------~r---------------------------~~~~-=~:=---·~~--~--~--~------------------~·------ Q But you didn't open it? A I don't know. I don't think so because it wasn't my business after that. Q I understand. If the Court please. there has beena question raised during the testimony of this witness that there was possibly an invoice from Dr. Albert A. Hudacek to August Di-etz and that these I ~ matters were turned over to the Executor. Under the circumstance~, z < > ..1 >-we feel that in fairness to the Court and fi.n the interest of full dis- (/) z z bl 0. closure of such facts as we know. we would offer for the limited i 0 ... " z purpose of answering the questions that are suggested by this witne~s's i VI < == testimony an \invoice of Dr. Albert A. Hudacek, M. D., dated .,: u il December 3, 1968, which is subsequent to the date of the death of ... VI Q ..1 < the decedent, August Dietz, on Dr. Hudacek's stationery, showing u Q :I .., a balance due of $468.00, a"payment by Medicare on December 2, % 1:: N 196b in the amount of $16.00, and a balance of $452.00. May we ai 0: Ill ... 0: suggest that it be marked as a Court exhibit? 0 0. Ill 0: ... THE COURT: It may be so marked • 0: :I 0 u ..1 (Stenographer marks Court's Exhibit No. 1) < u ii: ... MR. MODRAK: If the Court please, in answer 0 I to his limited offer, I would say this: if this is coming in as testimony, and is certainly not testimony on the part of the Claimant, it's coming from the Executor of August Dietz, who steps into August Dietz's shoes, so it would not be our testimony. It w oold be theirs. And I want to thank him for his full disclosure. So I think it should be put in for all ------------H-----------, 106 it's worth. THE COURT: The Court will consider that matter. We will accept it presently as the Court's exhibit. MR. ZEMAN: We have no further questions of this witness. e MR. MODRAK: If the Court please, that's all we have, except ~ I understand the Court is accepting this exhibit as evidence of its z c( > ..I >-own motion . Ul z z Ill D. THE COURT: The Court 1:s accepting the exhibit as the Court's i 0 .. C) record or exhibit for the l:imited purposes for which it was offered. z % Ul c( 3: MR. MODRAK: In other words, there is no necessity for me or M .,: 2 a: Zeman to offer that as evidence? .. Ul ii e ..I c( § THE COURT: That's right. Q :I .., MR. MODRAK: That's all we have. :z: t.: 01 MR. ZEMAN: At this point, we ask, if the Court please, that vi a: Ill .. a: 0 any claim except, of course, the amount of the Court's exhibit D. Ill a: .. be dismissed for lack of sufficient testimony, for lack of proo£T a: :I 0 u ..I meeting the standards and requirements of acceptable evidence c( 0 ii: Ia. in this matter. That there has been no testimony of a definite 0 9-ature showing the number of visits, the nature of the services e performed or the value of the services. But the only evidence the I Court has before it, which :it can consider if it should so desire, is Court's Exhibit Number 1, the bill in the amount of $468.00. THE COURT: The motion is refused pro forma. We will reservE consideration, full consideration of the motion at a later time. ~·----------------~------------------------~----- ~ z ~ .J ~ z z Ill Q. z MR. ZEMAN: If the Court please, at this time we will off;erdrro evidence. But the defense will rest and ask that tre Court , if the. Cou.d should find the exhibiLas sufficient, satisfactory and suitable evidence, to find in favor of the Plaintiff in the amount of the Court's exhibit; and if the Court should find that the exhibit is not sufficient for its purposes and does not have the required probative value, that it find against the Claimant and direct that the verdict be in favor of the estate. ~ THE COU.f{T: The Court will consider the matter. z % ~ MR. ZEMAN: 3: Do I understand, if Your Honor please, that procedura.'l~we are in the same posture in this matter as w·e were 107 on the previous claim with respect to having the testimony transcr'bed, lodged, the right to file motions and soforth? ~ Cll THE COURT: Correct. ai 0: Ill t-o: 0 Q. Ill 0: t-o: :I 0 u .J cc ij ii: II. 0 (At the direction of Mr .. -Mod:rakff-dff-::thg:+·record discussion was no recorded by the stenographer). (Proceedings Closed). 108 STENOGRAPHER'S CERTIFICATE 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 cause1 and that this copy is a correct transcript of the same. Testimony transcribed -April 30, 1970 CERTIFICATE OF HEARING JUDGE The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and directed to be filed. ti'rt, J ~( t I ., Form RCC;::-33 COMMONWEALTH· OF PENNSYLVANIA DEPARTMENT OF R~VENUE BUREAU OF COUNTY COLLECTI.ONS -. RESIDENT DECEDENT COUNTY OF ........ Was.hingt:an ..................... < .................. . IMPORTANT: This return must be completed in detail and filed_in.duplicate, with will attached, with the· Register of Wills of th~ County where decedent ·resided; Return is due within one year after date of death, unless an extension is granted by the Secreta~y of Revenue. (Section 703 of the_I_nger_it~nce __ !l,n!f :E.~J!I-te .T~?C f\ct of 1~§1.) IN THE MATTER OF THE·ESTATE OF } .. . AFFiDAVIT OF ----_ _A ugust.rp-..;;::3;-;;;~~;;; d;;;;<;;.;; --------~:----EXECUT()R Late of .Canons.b.urg.,. .... Wa~.hi.ngt.an .......................... eounty ~~ State of ...... Penns.yl.v:ani.a .................................................... ;.} ss: eounty or .... Was.hingt.on .... : ..................................................... . ..... Ad.ol.ph. .... L .•..... .Z.eman., ........................................................................................................................ ! .......................... . Eueutor ~ of the estate of the above-n~med decedent being duly sworn, depose S Decedent ·dJed .......................... .OC.t.~~~-;)········· ..... 9(i;;;·;·j·······--··• 19(v~;~{ ~~~~eaving a l~st will·, cop;. of which is heret~ attached. } Name and l'ddress 0~ attorney 0;} ..... Zeman .... .and ...... Zeman., ...... Ze.man L~w ..... Buil.di.ng.~·······C;;n.on$.P . .u.r..g.J ....... P.9. .. L ...... . :~::r a~~t:::i:eesdp:::::::n:::~;: ~:. . .... ··············· ....... :........ .... .................. ................... .... .:.: ..................................... }?.?..~.?., ...................... , ............. · ................................. .. mailed. . ·. That as such ..... _..Exe.c.ut.or. ................ deponent is familiar with the affairs of said estate and the property con- < Ex.,ou tor-Administrator) stituting the assets thereof and their fair mark~t value: . That at the time of death there was no safe deposit box registered. iri decedent's individual name, or jointly with, or as agent or deputy of another, or in decedent's individual name, with right of access by another as agent or deputy, with the exception of· the following:_:_ · .. . . .-... INSTITUTION THIS SAFE DEPOSiT BOX RENTED t RELATIONSHIP OF ]OINT NAME AND ADDRESS OF BANK OR OTHER ., IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO_D~C~DENT That the contents of said safe deposit box or boxes are itemized under ScQedules of this ---return, with the exception of the following, for the reasons hereinafter set forth: That Sc.hedl!le A attached !1ereto and made part hereof sets forth full v and in'·detail all the real property in the Commonwealth of Pennsylvania of which decedent. died having an interest therein. It also sets forth the mortgage enct.mJbrances upon each parcel of.real p'roperty at the date of death, giving the amount still due at death, name of mortgagee, date,_ rate of i~te~est, and book and page of record thereof. It also sets forth in the columns provided therefore the assessed valuation of each of said parcels, the estimated market value thereof as of date of death of decedent. That Schedule 8 attached hereto and made part hereof sets forth fully and in detail afl personal property wheresover situated owned by the decedent at the time of death; all moneys left by the decedent at the time of death, whether in decedent's immediate possession, standing to. decedent! s:credit in banks . . ' ... of deposit, savings banks, trust companies, or other institutions, whether individually, or iil trust for .... any other person or persons giving also separately the accrued interest thereon, if.,rl!,riy, down to the last interest day prior to decedent's death in tJ:!e case of savings banks, and to the dat~."o; decedent's death in all other cases; all -bonds, postal savings, treasury certificates or notes and :other evidence of in- debtedpess of ~he United States to the decedent; all obligations, whether by stat4tf,or agreement they are designated as tax fr·ee, of. the United States, or any state, or political subcM,vlsion thereof, or of ~~"'· . any foreign country, ,which are owned at the time of death; all wearing apparel, jewe~ry, silverware, pic- tures, books, works ·of art, househo.ld furniture, horses, carriages, automobiles, boats, and any and all other personal ch~t'tels of whatsoever kin~ or. nature, leftbydecedent, togeth~r with the fairly estimated market value thereof; all bonds and mortgf!.~es held by decedent and. of all claims due and owing decedent at the time of death, and all promissory notes or other instrt.mJents in writing for the payment of money· of which.decedent died possessed, of whatsoever nature, with interest thereon, if any, giving the face value and estimated fair market value thereof, and if such estimated fair market value be less than the face value, it sets forth briefly the reasons for such depreciation-as to each item; all moneys payable to the estate from life insurance polici"es carried by decedent; all annuity and endowment contracts the proceeds of which were payable upon the death of the decedent; and all the corporate stocks and dividends due thereon and unpaid as of the date of d~ath, bonds and a·ccrued interest thereon to the date of dece- dent's death and ~ther investment securities owned by the decedent ~t the time of death, with the market value thereof at such time. ·' . .~ ... In the case of securities of close or family corporations, the values reported are as far as possible substantiated by financial statements of the corporations, showing the ass.ets and liabilities.· tl:lereof as of the· date of death. The scheduie also sets forth the .interest of decedent at the time ·of death in any co-partnership or business, and in support of the value .of such interest there is an~~~ed to said schedule, financial statements showing the assets and liabilities of said co-partnership or business. A copy of the co-partnership agreement, (if oral, a statement setting ·r~·rth the nature of the agreement) together with a statement setting forth the character of the business, its lo.cation, ahd su~h other ·facts" pertaining to the business as may be pertinent to a fair and just ~ppraisal of the decede~t·s interest therein must be submitted.-It should also set forth in i~emized form, together with the fair market value thereof, any other property owned or bequeathed by the decedent at the time of death. The Schedule C attached hereto and made part hereof sets forth a true answer to each fnquiry contained therein and in the case of transfers ofproperty, real or personal, within two years of decedent's. death, in contemplation of decedent's death, or intended to t~ke effect in possession or e~joyment at or after death, said schedule sets forth the nature and value of such property, to whom transferred, the relationship of the transferees to the decedent, the proportionate share received by_ ~ach transfe~ee and -···· ·all other facts of a pertinent nature regarding said transfers. In the case of transfers intended to take effect in possession or enJoyment at or afte·r death, there is also attached to the schedule a co~y ·. of the deed, trust agreement or other instrument creating the trust. Ther•~ is also set forth in said schedule a list of all property, real and personal, with its value, which pa~;;ses at decedent's death by virtue of the exercise by decedent, either individually, or jointly with another, or any power of appoint- ment vested in decedent, either individually or joinqy, by the will, deed, or other ins·triunent of another, with a copy of the instrument creating such power attached to the schedule. That Schedule D attached hereto and made part hereof sets forth the names and addresses of all persons beneficially inter·ested in this estate at the time of decedent's death, the nature of· their res- pective interests, their relationship, if any, to the decedent, together with the ages at the time of decedent's death of all minors, annuitants and beneficiaries for life under decedent's Will. It also contains a statement showing which of the beneficiaries named in the decedent's will, if any, died prior to decedent, the dates of their death, their issue, andthe relationship of such issue to the beneficiary. That Schedule E attached hereto .and made a part hereof sets forth all property, re.~l and per-:_ sonal, owned by of the decedent real estate and of co-owners to the and the the decedent jointly with another or others, including intangible, -standing_in the .name others, plu~ the date and place of record of instruments effecting the vesti ture of date of acquisition of personalty, plus the name, address and relationship, if any, decedent. That Schedule F attached hereto and made a part hereof sets forth fully and.in detail all debts and deductions claimed for and on behalf of this decedent's e_state, including funeral expen~es paid; family exemption, where applicable; costs of administration of this estate; counsel fees and fudiciary's commissions paid or to be paid; cost expended for burial trusts,· tombstones or gravemarkers, and reli- gious services, in cons-equence ~f the death of the decedent; debts and claims owing and unpaid at time of death; taxes accru~d cha"rge.able for period prior to decedent's death. (except_ those_ allowed under Section 651 of the Inheritance and Estate Tax" Act); . together with a statement of collateral pledged for obliga- tions, if any. It is agreed that the fiduciary will present proof of said claimed obligations upon· re- quest, that if the amount actually paid in settlement of any fee, commission or debt is' less than th~ estimated amount claiming and allowed, that the same will be reported to the Register of Wills, and that the amount of ta~ assessed can be reassessed in accordance therewith. That the totals of the appropriate columns in Schedules "A", "B", "C", "E", and "F" as directed therein,. have been carried forward and properly registered in the Summary. Subscribed and sworn to before me this .... 4.4..-:!!-:.. ...... . ................ ; ........................................... ~ai: of .... N.QY.~.mlt~X .. : .................. 19 .. 6..$. .... . . . ~ (Executor- ... c:3:2J/.IA. .... ~~--~;;·~:; . ..;~·-~--zema~;··r{iit~ry···p~i;li~-·-····------··· .... zeman .... ~::;~u.JJ~ · ·','Canonsburg, Washlngtor~ County, Pa. -. _ My Co)p~~s~c~ ~xplres .... C.anon.s.b..ur.g., ...... P.a ....... l. · r-.2-~, 1171 (City or Town and State) NOTE: Before signing affidavit make sure· al·l blank spaces in the affidavit and sche1ules annexed are filled in with details or the word. "None", and in case the·assets include rare and unlisted securities, securities of close or family corporations or an interest in any co-partnership or business, that the data and statements required under the paragraph above relating to Schedule "B" are attached. Also make certain that column #1 in the "Summary" has been properly completed as above-directed. RCC·34 (1·611) COMMONWEALTH OF PENNSYLVANIA . DEPARTM!:NT OF REVENUE BUREAU OF COUNTY COLLECTIONS TRANSFER INHERITANCE TAX RESIDENT DECEQENT. SCHEDULE "A" REAL PROPERTY Real property in Pennsylvania, with statement of mortgage encumbrances up.on each parcel at death of dece- dent. Where property heid as joint tenant or tenancy by entireties, report on Schedule "E". Property held by the .de.cedent· as tenant in common with anot.her or others, should .be identified as to quantum of interest and the estimated value should be that of the decedent's interest only. The real property located In the Commo[lwealth of Pennsylvania should be described by lot and block number, street and street number, together with a general description of the property, with a reference to the record. of the conveyance by which the decedent took title; If a form state number of a· cres; also statement of mortgage encumbrances upon each parcel at death · of decedent. Taxes, assessments, accf.ued Interest on mortgages, etc.,are to be .listed on Schedule "F" and must not be deducted from this schedule. ALL that·certain lot of ground situate in-the Second Ward!. of the Borough of Canonsburg·, Vvashington County, Pennsylvania, more particularly bounded and described as f.ollows,. to wit: BEGINNING on the south side of Pike Street at a point 2 inches west of th northwest corner of land ofjHarsha Heirs; thence by land of Harsha HeArs South 11° East 80.1 feet to a 15 fo9·t alley; thence by said alley South 75-3/4° West 34.6 · feet to line o~ property now of Celento; thence by said Celento lot North· ·14*o Vvest ~0 feet to Pike Street; thence on·said street North 75~3./4° East 39.2 feet to the place of beginning. _.,. .. ~ ...• (1) .ASSESSED VALUE FOR YEAR OF DECEDENT'S DEATH .... . Insert this total opposite "real property", Schedule "A" in the X X X X X "As Reported" column on the last page of this return. (2) ESTIMATED MARKET VALUE , .. B 5 , 000 .,QO ~-.\ 35,000.00 (3) I DHARTMENT VALUATION CAUTION · (Do not write In this space) ... ' (' t ~ • ~ '. ~:. '· \ . . · RCC,.:.35 COMMONWEAllTH OF PENNSYLVANIA TRANSFER· INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "B" PERSONAL PROPERTY INSTRUCTIONS: This Schedule must disclose all tangible and intangible personal property owned individually by the decedent, at the time of his death, Property owned by the decedent jointly with another or others m;ust be listed under Schedule "E", Inta~gible personal property, titled in the name of the decedent, but payable at death to another or others, including but not limited to P.O.D. U. S. Savings Bonds and tenta- tive trust accounts, must be listed, despite the fact that they are not of the administered estate. ' Tangible .pe.rsonal property should be listed first (e, g. jewelry, wearing apparel, household goods, and furnishings, books, paintings, automobiles, boats, etc.) Intangible personal property, such as bonds, treasury certificates, cash on hand and in. bank, . . . stocks, ·mortgages, notes, together with accrued in,terest or dividends, salaries or wages, insurance pay- able to the estate or fiduciary in said capacity, partnership interests, interest in anyundistributed estate of or income from any property held in trust under the will or agreement of another, even though located outside of the State, at the time of death, should be listed -in this schedule. Item NOo ITEM Lis.t and describe fully Household furniture 2 Deposit in Mellon National Bank, Canonsburg Office 3 Refund Bankers Life and Casualty Co. Insert this· total opposite "Personal Property", Schedule "B" in . the "As Reported" column on the last page of this return. UNIT VALUE X X ESTIMATED MARKET VALUE 201~50 ·, 437.'16 18.47 657.13 .DEPARTMENT VALUATION (Do not write. in th space) ,;.. . Rcc.: 3b -~ CO\n!O:\T~~ \LTII OF l'E~N~YLV.-l.NI.c\. TlL\\~FFH. INHE!UTANCE TAX sCHEDULE II c II T!L\~SFEn.S H.ESinE~T nECEDENT ( 1) (2) ( 3) Did decedent, within two years of death, make any transfer of any material part of his estate, without receiving a valuable and adequate consideration therefor? (Answer yes or no)-AN~o~---- Did decedent, within two years of death, transfer property from h~~self to himself and another or others (inclurting a spouse) in joint ownership? (Answer yes or no) __ 1\l_O.;:._ __ If the answer to (1). or (2) above is in the affirmative state: (a) Age·of decedent at time of transfer----------- (b) State of decedent's health at time of making the transfer. (Note 1). (c) Cause of decedent's death. (Note 1). (4) Did decedent, in his lifetime, make any transfer of· property without. receiving a valuable or adequate consideration therefor which was to take effect in possession or enjoyment at or after his death? (Answer yes or no) No (a) Was there any possibility that the property transferred might return to transferer or his estate or be sub,iect to his power ·or disposition? (Answer yes or no) ____ _ (b) What was the transferee's age at time of decedent's death?_·_· ____ _ (5) Did decedent in his lifetime make any transfer without receiving a valuable and adequate consideration therefor under which transferor expressly or impliedly reserves for his ·life or any period which does not in fact end before his death: (a) The possession or enjoyment of or the right to income from the property transferred? ·(Answer yes or no) _..~.:Nuo-'----- (b) The right to designate the persons who shall possess or enjoy the property transferred or -income therefrom? (Answer yes or no) --.~rs~r-~.o~------- (6) If the answer to (5) (b) above is in the affirmative, state whether the right was reserved in decedent alone or others ______________________________________________________________ ~------------ (7) Did de·cedent in his lifetime make a transfer, the consideration for which was· transferee's promise to pay income to or for the benefit of care of transferor? (Answer yes or no) No (8) Did decedent, at any time, transfer property, the beneficial enjoyment of which was subject to change, because of a reserved power to alter; amend, or revoke, or which co11ld revert to decedent under terms of .transfer or by operation of law? (Answer yes or no) 1\To (9) If the answer to (8) above is in the ~;tffirmative, was the power to alter, amend, or revoke the inter- est of the beneficiary r·eserved in the decertent alone or the decedent and others? (Answer yes or no) ~N..._..o..__ __ _ NOl'E 1: The ans~ers to these questions should be supporten by affidavit by the atten<i.i.ng physician as well as a copy of the death certificate. NOTE 2: If answer to any of the above questions is yes, set forth below a description of the property transferred, it's fair market value at elate of death, dates of transfers ann to whom transferred, with relationship of transferees to nececl.ent, if any. Submit copy of any trust rleed or instrument, if trans- fers are claimed to be non-taxable, also submit detailed statement of facts on which said claim is based. NOTE 3: List applicable property below in manner in which pr~vided in Schedule.s A, B, or ·E. ITEM I I I '· i i i i ! i i DESCRIPTION · Insert thJ.s tnt,rd 0pposJ.te "Transfers", Schedule "C" in the "As Reporter!" c0J.umn on the last page of thJ.s return. MAIUillT VALUE (Es tlma ted) DEPT. VALUATION (Dept. ·Only) COMMONWEALTH OF PENNSYLVANIA 1· THt\N:::;rt:H INHERITANCE TAX t I. ~)• ; . ·' ! I I ~ :;· '1 X RESIDENT DECEDENT SCHEDULE "E" JOINTLY OWNED PROPERTY It\STRrCTIOKS: This schedule must disclose all property, real and personal; owned by the decedent jointly with another or· others, including intangibles, standing in the name of the decedent and others. List real estate first, as entiretie.s, or joint tenants, giving brief description, as indicated tmder Schedule "A", plus the date and place of record of instrument effecting vesti ture, but do not include entireties or out of state real. estate value in estate valuation column. Personal prope'rty should be listed as in Schedule "B", plus date of acquisition, and the name, address and relationship (if any) of co-o-wners to· the decedent. Description of Property, Date of Acquisition, Name! Address and Relationship of Co-Owners, and Place I of Record of Instrument, where Real Estate. 1 .. · No,;.jointly owned property. Unit Value percentage Share . Estate Valuation Insert this total opposite "Jointly Owned Property", Schedule ·"E" in the "As Reported" column on the last page of. this return. DEPARTMENT VALUATION CAUTION-Do· not Write In This Space. Value of Entire Property I Value of Decedent's Interest ------ . RCC .. 3'7 • (12-63) Cl ):\1 :'1\t).:'\ Wk.\ r.i·) j't..()F l'E:'\7\SYYl.:\NIA . TRANSFER 1:'\IIEHI:r'A:'\l'E TAX RESIDENT DI.XEDE!IiT \ h ;, BENEFICIARIES AND ADDRESSES State full names and addresses of all who ave an interest, vested, contingent or other- wise, in estate) AmAli~ DiAtz 21 w. Pike St.,Houston,Pa. Me:ot-.hl'"ln~ ~t. Rni ~rl'"ln::ll f!hnrrh ~ ~-Canonsburg, Pa. ·. Canons bur~-General Hosnital Canons bur~ Pa .IAnni e Chamar Pa 62 VJ. Pike St., Canonsburg/ Klara Schneider -Ga~gloff, Germany . Ernstt Dietz Gangloff, Germany Gerhard Naubrech Finkenbach Germany Ernest Dietz 21 w. Pike St •• Houston, Pa. Gustave H D_ietz R.D.:/11 Canonsburg' Pa HPl Pn n; Pt.?: Porlr~~kv. ·p.,. 225 Belmont Ave •• Canonsbur AmPl.i::l DiPt.?: (AvPr~) PlA~?: 1 ?R. C!h~rl A~ St. w~~hintrt.on Henrv Dietz .. .. 221 Vine.St. Canonsburg,Pa Herman Dietz . 623 Thgrnwoo~.,.Drive, ano.Qa urg, A 11 cr11c: t. · n; e:o t. '7. Z029 Lisle Ave., Columbus, Ohio 43207 Emilv Dietz Mil-leville · 2302 Niagara Road· ( Ber};hol Niagara Falls, N.Y.l4304 SCHEDULE "D" BENEFICIARIES RELATIONSHIP SURVIVED (If step-children or DATE INTEREST OF illegitimate children . DECEDENT OF BENEFICIARY . are involved, set STATE YES IN ESTATE forth this fact.) OR NO BIRTH Si ~t.Ar-i n-Yes Le~acv law NonA· YP~ T.A P'~C"\T i\TI"''nA Ve:oc:: T.AO'::lf'V. N()nP VAS . T,eg-~cv Niece Yes Legacy ~ Nephew Yes Legacy Nenhew Yes Lee:acy -· Brother Yes Legacy ' Brother Yes Lee:acv - NiAr.A YAS Le~acv ~I Ni A r.A YAS Leg'~CV p~ Nephew Yes Legacy Nephew Yes Legacy 1\TPnhP'IAT YP~ T .P. tr::l r.v ~ = " - Niece Yes Legacv vZ-) ~ Deponent further says that all the above-named beneficiaries are living at this time except below: NAME DATE OF DEATH RESIDENCE . ... I . ~ ... } . . , Will Administration ~ No ......... . Year ........... . P.'l THE ~lATTER OF THE APPRAISEMENT OF THE. ESTATE OF . AUGUST .. DIETZ .. Deceased Late of ...... Gan.ons.burg County of Washington. .... Commonwealth of Pennsylvania .REPORT AND APPRAISAL Sll1 '\ .1(1 '/".'! CI'J?tJ G.:.:.:·.,_:(: ~,··;,. ~::c"t. r1"' . I. I ... • t ·~ -J..:; ~. {j -~ 11 J "i1' 'j t ,:-: l ~"'~T ZEMAN• SANliT ~ErMAN · 1'-· · "---·-• .ZEMAN LAW BUILDING -~A~O~~BURG0, :t~-·ll-~ : . • • J . I ... :-:·.:J.:...-.:::..::':.'...c.. ··•'.-·-:;-.~:o::-'c·'.,:"::'··:::~';::~;·•·.• ':'~.: ... ..:::~-s::"~.::;;:::;::.::,' .• c'···---• .! .·.'· -~·-····-.--. ' 1·1 ·:·· I I ~ ·; . '· ~. ·"' ' . .. _(. (Executor-Administrator must complete "As Reported" column #1.) 0 ....., '"0 ::0 ..... .... (1) (1) 0 !)) .... e:.. "' ::s "' "' "' 0 ....... ::s '"0 ....., (1) e:.. .... .... !)) "' 0 X '"0 '0 !)) (1) 0'" .... .... (b 0 ~ '0 ~ (1) ..... "' ..... ..... '< !)) ..... (1) U) c: ~ ~ > ::0 w Vl Vl to< C":) C":) ?"' ::s-?" n.~ ~ ::. : ~ ~ -GO ~ ~ ~ \.V \JJ 'i.!rl :· \.11 > ... : ... til ~ :a-0 ::0 \:11 \)1 0 . .g::: ~ .: '"'-J G o ~ ... :• ~ ""1 H :f-' 0 ..... (1) \.V wo :::... ··-. <F.o-60-60-(F.o-fP.~ ·~··· ·e •. : ..... -, : "-.· ~"' ~- .......... ~ ~~~ : . ~" t:J : ,-, (t- -~-~ 2' 1.:> : : 3~ : l'\ D :;· :~ :a r. :-: c... :, . ~ :l .. :0 . '-" C) 1· , . l L r (r• " ,, ~i j . ~ .. l ·_ S!.: !' ~~ t t ); ' ," ~ t < . ,, [ I f >-l' i " ,, , . . ~ r r ).: -.. t !-r ~' "' t :-··cQMMONWEAL TH OF PENNSYLVANIA. DEPARTMENT OF REVENUE/~ BUREAU OF COUNTY COLLECTIONS INHERITANCE TAX DIVISION NOTICE-OF FILING OF APPRAISEMENT ADOLPH L •. ZEMAN IN YOUR REPLY PLEA8E REP'IER TO 37-l54-6 Estate of_.,.._. ___ A...:...GU.::,:.S_T~D...::I...:...ET.=.Z=-., ______ _ ____ ...,...\'i_.:.lA_.:.S_H_INl....:...:T...:.O...:.N ___ __,_ County-File No. 63-69-1343 Dear Mr. Zeman: You are hereby notified that the original appraisement in the estate of August Dietz has been fileneJ~ti'~e P.ffice of the Register of Wills qf ·wa_sh:ington County on r J , 19°_8_. Said appraisement reflects the following valuations: Rea 1 Est ate ----'------=3;..;5~':.,0...,00.,..· ,....;';..,0,.,.0,----- Personal Property ____ 6~5~7~,l)~-~----- Transfers ______ ~~~~~-~~ Total _______ ~_~3~5L,6~5~7~·~13'--..---- As to such ~ax that is paid within three months-from date of death, a five (5%) percent discount is allowable. As to any tax that remains unpaid after one year from date of death, interest at the rate of six (6%) percent per an.num is charged. Any party in interest whq is aggrieved by an appraisement may appeal therefrom as provided by law. Date ____ D_e_c_em_b_e_•r_-...:...3~1_1_96_8 ____ ,_ t ~-DATE OF DEATH: October 9, 1968 t. j:. :< Note: This is not a bill. \-- I I I >-· ,RCC-39 (6·67) ~ -\\. kOMMONWEAL TH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT DIETZ, AUGUST FILE # 63-68-1343 October 9, 1968 SUMMARY FILE # 63-68-1343 ftEPOrrr OF INHE!UTANCF. TAX APPRAISER I~ the undersigned duly appointed Inheritance Tax Appraiser in and for the County of # 63 Washington , Pennsylvania, do respectfully report that I have appraised the real and personal property as reported in the foregoing return at the values set forth opposite each item in the last column to the right in Schedules "A"J "B", "C" and "E". ~f(~Q~-e INHBI~AX APPRAIS Dated: 12-03-68 10-09-68 REPOR'l' OF THE REGISTER OF WILLS I, the undersigned duly elected Register of Wills in and for------.------- County, Pennsylvania, do r·-;spec: tfu:tly report that I have allowed deductions. in the amounts claimed by deponent, except as to those i terns where a greater OT lesser amount is set forth in the last column to the right in Schedule "F", which greater or lesser amount represents the sum allowed as a deduction. Dated: INVENTORY Real Property (Schedule A) Personal Property (Schedule B) Transfers (Schedule C) Joint-Held Property (Schedule E) TOTAL GROSS ASSETS LESS Debts and Deductions. (SCHEDULE F) CLEA!1 VALUE OF ESTATE ,_ Valuation of life estates or annuities ESTATE TA..,X ASSESSMENTS FO.R USE OF REGISTER ONLY REGISTfR OF WILLS VALUE AS REPOWTED VALUE AS APPRAISED VALUE AS REAPPRAISED $ 3 5' 000. 00 $ 3 5' 000. 00 $ ___ 6......;.5_7_.1_):= 657.13 '------ 35,657.13 =====::=:= ======·-=============:=== $ ___ _ $ _____ _ COMPUTATION OF TAX Tax on$ ________ , __ f'l% *------·-- Ta:x on $ , __ 10% ~------ Tax on~ .: ~ ~ .. ',. T~x on $ ~----------~ Ekemptions~============ Total Estate _____ __ TOTAL TAX Less tax previously paid BALANCE L~ss 5% of tax if paid within 3 ~onths after death J;\LANCE OF INHERITANCE TAX DUE Ac1d. interest at rate of n% from to AMOUNT OF ESTATE TAX ASSESSED Estate tax paid BALANCE DUE Add interest at rate of 6% from to FOR USE OF REGISTER ONLY $ ____ _ rl> -~=========~= *--------.,.. $======~ *------$ ------ TOTAL TAX BALANCE PAID ADJUSTMENTS As evidenced by Charitable Exem~tion Certificates issued by: the Secretary· of Revenue. ~---------------- $_· _____ _ $ ______ _ $ ______ _ $ ______ _ $ NOTE: Where subsequent adjustments are made to the above computation of tax by the Register of Wills, for proper reason, same should be noted below, with short explanation. Will Administration ! No .................. Year ........... . IN THE MA TIER OF THE APPRAISEMENT OF THE ESTATE OF AUGUST DIETZ .......................................... Deceased Late of . . . . . . . C.J\:N.OJIJ$)3V1tG. ................................. . County of .............. WAS.HlNG'l'O.N ....................... . Commonwealth of Pennsylvania REPORT AND APPRAISAL ·-~-----'···' .. ·"-. . · ,. /.!. -~;;:;.~b ~·~-:.~ Fonn:RcC-2 ' .. r • 1. ·PQMMONWEALTH OF PENNSYLVANIA RESIDENT. INHERITANCE TAX APPRAISEMENT DATE .................. :P..~.~-~~~.!.: ... .?...~ ...... ~.?.§.?. .......... . ~ • . DEPARTMENT OF REVENUE .,! BUREAU OF COUNTY COLLECTIONS HARRISBURG. PENNA. 77 1 2 7 COUNTY ............................. W.~.§_b.ip,g.t..9.:D. ................... . FILE NO .......................... QJ..~.Q.~.J.:J..4J. ....................... .. Whereas, ............ ~::.~ ............... A..~:q~t. .... P.~.~.t..~ .... ~.~--~:::.: ....... : ........................................... late of ............................... 9.~.?.~~?.~~ ........................................... . in the County of ............................... ~~~P.:~g~g~ ..................................................................... Commonwealth of Pennsylvania, having died on the ............................... 9. .... ~~ ................................................... day of ..................... 9..~~-~?.:.: ................................. 19.?.~ ..... seized and possessed of an estate subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania; Therefore, I, .................... , ................. W .• R.~ ..... Chane.y ......................................................... , an appraiser duly appointed according to law, having been designated to make a fair and conscionable appraisement of the said estate, and to assess and fix the cash value of all annuities and life estates growing out of said estate, hereby file the following appraisement: In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer inheritance taxes at the lawful collateral rate on any such future interest .. Appraisement Unit Description of Asset Values Made for Inheritance Tax Purpose& $ REALTY: All that certain lot of ground situate in the Second Ward of the Boroguh of Canonsburg, \'Vashington County, Pennsylvania, ~ 35,000 00 .xDtx PERSONALTY: Household fruniture 201.50 Deposit in Mellon National Bank, Canonsburg Office 437.16 Refund Bankers Life and Casualty Co. 18.~1 Total 657.13 657 13 • ! .. Total 35,651 13 I • • ~ fonn~~V:~hb~~ ::'fh~w~~to ~~· ~:; 0~·~-.~r;is~i~ ~?: ~ Appratser .............................. z ............................ ······································ ~~ ~:;::.=7"' . ;~:~~. I I I ..................... WASHINGTON..................................... Cou-nty RESIDENT INHERITANCE TAX APPRAISEMENT Estate of AUGUST DIETZ Deceased. Late of CANONSBURG Date of Death, ..... .9.G.t..9.~.~;r. .... 9., ..... l..99..~ ......................... . Appraisemel!t Docket Vol., .............. 37 ................................ . Page, .... .+.5.4~.9. ......................... No ... ~J.:-.§.~+?..4.2 ... : ..... . Filed in Register's Office, P.~.f:::.~.¥.J.:t?.~:r. .. .J.., .... .19.f>.~ .. . Amount of tax due, $ ................................................................... . DEPARTMENT OF REVENUE Received, Examined and Approv_ed, Wrote abo.ut Appraisement, Appeal f1'om Appraisement, ·Entered and charged, ..... ... ___ :"':;:_. __ /• . • I i ~ '' ~ ,, -~, ,. '· ',' -~• r.'' ·:i\ "·' I ··~--'"-'•IN THE ORPHANS' COURT OF WA$HINGTON COUNTY, PENNA. In the matter of 'bhe Audit of Account filed in the Estate of \Date,, death /J -r-bY ( No. 196 8 -13hl_ , Term, 19 __ , A.A. Dietz, August ( Deceased .) Docket TO THE AUDITING JUDGE: Enter my •appearance for the Commonwealth of Pennsylvilmia, claiming transfer inheritance tax in the above estate, as follows: ~!-appraised V1alue of Estate: ReaLty ________ . ___________ .. ______________________ : ______________________________________________________ $ __ 2/5 _ ____,;'------0_0_0_· '_' _6_0 _____ _ Personalty ____________ .. ______ .. --------------------------------------------------------------· $ -----=fo:_S=-7-/---!--! --!-/...::,-~"""' ...... ;;;;}--- Additiorual Assets per Account, Subject 'lo Tax·---------------------------------------------------------------------------------------$ _____________ _ Addi'tiona•l Assets per Audit, Subject to 'Ilax __ .. -----------· ------------------------------------------------------------· $ ____ ---:;r------,..,._------ 3 5"-f/\' 7rl ~ GROSS VALUE _______________________________________________________________________________________ $ ______________ _ CR. Debts and Expenses per Account; see Note 19~f1o,ty, \ $ ______ _ ( $ _____ _ ,$_ / Additional Debts and Expenses per Audit ) :---$ $ ______________ _ TOTAL DEDUCTIONS, $ ____________ _ NOTE: The following credits claimed In the Account are held not deductible oas against the tax: CALCULATION Gross V.3Jlue ---------------------------------------- Less J;)eductions. _____________________ , ______ _ 1:'~ 'l ~ Cleac Value ___ H' 1J,. ~ 7cJ r f'j', ~/o ---1 .J ..t e I, j~ ---------J,~-----~--~f/t'ld J f TAX PAID ON ACCOUNT $ _____ _ $ _______ _ $ ______ _ $ ______ _ $ ______ _ able i 1 v LL-q I !~ ~ i ~ ~ 2% ) ----------- True- able at hf' '1r,~~o~· $ __ Total Tax___________________ ---------------------------------------,-----------------------------------$ )..., 'l' ~ 4/~:(/1 Less amount previously paid ______ :_ _________________________________________________ · ____ $ Balance ____________________________________________________ :______________________________________________________________ $ -A, / :' ( 41i' C, ()' ,_ Interest __ · :rTs.+mos. V V";;ays• @ ~% ___ : ____ ~--$ ~-3 ·; 1JS{*- ~z., 4 !'t .3'J ...._ t "' n 0 s: "'I s: ;o 0 )> z 111 ~ n 111 "'I )> 111 r i '11 ~ 0 0 ;o '11 :u )> "'I "'I 111 "'I z 111 z )> II> :u < )> !( z n )> 111 z :;; ·vd ··oo N015NIHS\fti\ SlliM JO .i:!31SI53~ :f)J:lJlJVJ:i ll3S5.n}.l I" I r1u 1 E ~nu oL , Jl ;....1 z 0 I ~ ~ 0 '%j ~ ~ ~ i I I» > ~ 0. ~ .. -'· DEDUCTIONS ALLOWED IN J --• OFFICE OF THE REGISTER OF WILLS oF Washington couNTY STAiEMENT OF DEBTS AND DEDUCTIONS THE SUM OF . . . . . . . . . . . . $ .................................................. .. DATE APPROVED . . . . . . . • .. ................................................ .. AND AGENT OF THE COMMONW&ALTH -~ 7 j..?-dt'-!J'/J Register of Wills, AgP.nt ESTATE OF AllgJ]st Dj etz LATE oF Canonsbnrg 1968 / D.,Ts oF DEATH October 9, 1 968 DATE OF FILING APPRAISEMENT NoJTember 22) DATE NO. OF NAMi OF PAYEE REMARKS AMOUNT VOUCH5:11t Court costs 61 00 . H' .T 'Q,,..lr1 o-.r l<';,...o ;,.,"',,...~...,,..o 1, 7 ()(). " R::~i 1 ev-M,.l\T!:l.,..,, li'i 'Y'A i OSil'Y'!:lnCe 117 00 Ernest R'f ··lr~IcNary fppraiser ~~ ~~ ITi' .T Ill"' A"'T lDDp,!:l i ~A'Y' .,. "T • ll-i 0 Y'Tn"' .... 1<' n;,.t-'7. l<'n,.,o.,..~1 l"''h<:>'Y'O'"'co , ') t:..c:. '-' ., . , Robert C Gordon Ambnlance ?() f)() S. White's Sons Marker L_q 28 I'IAT!:l~hi nD't.rm M!lnO'Y' ~e'Y'vices ~~~ ~1 I~N T.eon!l'Y'n r..,..; f'f'i t.h li'l1nA'Y'::l] 1 ()?() t:;() I r ..., .,.. ~,.... ,... , , .: o. o ~ ....._ ....._, ~ 't"l1 •• -l-,;,.,..,. ?1.1 f)R "'0 IF J 'Rill"k1ev Plate e.-lass insurance "~ 0() I nm.rnAv l)· T.oml"'n r.!:l'Y'h!:lO'A 'Y'emov::~J 1 h~ ()() 1 ~ash~~gtonRfounty '::~y ,q; m ·er~ 1g67 taxes 1 b.?~ so 1 Qt',.~ ~chao] ::~nrl r.n11nt."'r 'T'<:>v 1 ()7/. 70 ~· J. ~m~~}ck .·T i11f' A"'T Wirin?. T.i !lh; ·; 1-."'r i nc:::ll'Y'!lnf'A '205 ~~ gg --;; Advertis1ng sale of iThe Dai1"' Nat.es real estate 22 8o 1 ot:..s2 'Q""'""..,.'h + <>v ~Q? 71. IHA'Y'man n; et.'7. ~~~~~~;~~~,.taxes and c;nn ()() ._ ITi' .T 'RI11"'1r1 A"'T li'i'Y'A in~11r::~nce 1 1 7 00 .,. ,~or:~ug~+ of xan~~sburg T!lc::: ,; ?{..,. · '"',., ''"'",., ·u t~2~ ~~~~~gh taxes ~·~ -:!r.l.-- 'J IR::~i 1 ev-M,.l\T!:l'Y'"'T AD"An~v Ti'i re Tnc:::ll'Y'!:lni"A 111 on - Service chare:es 8 ?8 _, .&' , ~~ ~ ~~~~~\~1~~~~f~.,.. ~~~~T\~~~---~~ .7 ,-~x~"'-'= on Schoo 1 n; c:::t-.ri ct. CanonsburQ: 1 qf)q sr.haol T!:lY 1"1 ..... A,,-, xa~fgha£d ~~m~g goun$el.fees omm1ss1on t'~~ft !~ Russell Marino, Register Filing account 17 00 COMMONWEALTH OF PENNSYLVANIA } ~~-811: Executor I, ----~~~~-U--~~~~~~~~~----~~----------- INHERITANCE TAX FVRPO&ES. -J . f ... SUPPLEMENTAL Form £lC C ·10 DEDUCTIONS ALLOWED IN ' _rr . ' " \ " ~~~. "' THE SUM OF . . . . . . . . . . . . $ .J?..?~~~:J.::4 .. ; 0 \ OFFICE OF THE '\S}'~TEM~NT OF DEBTS ········ '""REGISTER OF WILLS Yla~hington AND DEDUCTIONS ·~J9,7Q OF COUNTY • I ......... AND AGENT OF THE COMMONWEALTH ~ JH Reglater of Wills, Agent ESTATE OF A.ngnst Djet.z LATE OF Banonsbm:::g • 0 No:sr. 22 J968' ~ Oct. 9, ] 968 DATE OF FILING APPRAISEMENT ' CAT&: OF _DEATH DATE NO. OF VOUCH Ell! NAME: OF PAYEE REMARKS AMOUNT Col nmhi ~ GAR Comn::ln'tr nf' ~Al"''\Tii"'AC:: PP.nns"'llvania Inc& .; 0 lAT.:>c::t-P.:>nn 'PI"'l•TAl"' ~f'\mT\<>I"'"'r ~Al"'Vii"'P.C:: .R7 c;c; -,;--.. lb; 1 P.V ;:tnci _McNAr" Aciciition~l i nRtll"::lni"'A h loo "' u, ............. n;o+-17 Tnt-.Al"'Ac::t-. nn · 1n::ln /,1 1:\R .. Tnt-o'Y'n<>1 Ro1ronnp ~Al"''tri I"'A i Qf.,Q Tnrnmo 'P<>v __.,-". C'\ "" Jackie Hammond Testimonv 17 80 Tnt.P.rn~l Revenne ElP.rvi I"'P. AciciitionAl Income T:lv 1 .Rc; :17 'T'f'\+-<>1 1 1 7.R .RJ. 'rho ~ l"'lll"'t-. fM<>,...;nn .T \ f'i 1 A H "',., Ail ;11rH r<>t-; nn ; n l:r'h..; "'"' 7 v it allowed the following cl aims: n,... A 1 ho:~ 'Y't-. A U11rl<>,..olr MPnir~l SP.rvirP.R I t:;? ()() .TP.nniP. MrKni s::rht-. n11A llnnP.l" rnnt.r~t"'t. Wi t.'h nAI"'AnAnf-. 7R()() '()() Bank service char~e 1 17 A ·1 Stonnwind .. Preueration of ir come tax retum ~0 00 Costs filing opinion 5 00 Audit costs h7 c;o - - . COMMONWEAL. TH OF PENNSYLVANIA } ~~-se: