HomeMy WebLinkAboutOC1968-1538 - ESTATE OF GYSEGEMTestate Form j
PETITION SUR AUDIT·
IN THE ORPHANS'COURT OF WASHINGTON COUNTY
JOSEPH F.GYSEGEM,Estate of .
Deceased
Deceased
63 -68 -1538No, ' ,.
Fiduciary 9.J:iy.~.~..N.:'l:!~X.l}!.f?J:;I;.,.
Administrator,C.T.A.
Election to take
XJtOOXOCd{Against will.(cross out one)
Date of ,Oct.29,1968 Date of Aug.5,1969DecedentsdeathGrantofLetters·.
This is the JJ.!.~.~~n.~..JJn-.<~J.account filed in this estate
If there have been former accounts filed in this estate,list file number or number and term .
Date Election Place of;
Filed P~f ~.J ••J.~.~~.Record .W.~.~.h.:i.ug.tQn .
County
. .Mabel A.GysegemNameofsurvivingspouse .
List issue,where material:
Did decedent marry after execution of will?(indicate)~.No.Any children born after execution of will?(indicate)
~x No.If answer yes,home them .
Legatees Relationship Interest Fiduciary,if deceased or not sui juris
Mabel Ann Gysegem
Melvin Joseph Gysegem
Anna Gysegem
Madeline Gysegem
George Gysegem
Wife
Son
Sister
Sister
Brother
Specific Bequest
Specific Bequest
1/3 Residue
1/3 Residue
1/3 Residue
List,if exceptions to above:
If partial intestacy,give facts:
Adeemed:Revoked:Lapsed: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)received written notice of the filing of the account
and of call of audit?Yes.xbElllt
If any exception give cause:.
File copy of Notice C·f'd M '1 .d ...ertlle al;return recelpt requeste .and date of malllng··················~u·gu·~n:···9···aiia··Aiig·iisr·T:r;··Tg7·4·:··········································.
Is estate subject to the filing of a Federal Estate Tax Return?!':!.?..
Actual payment made on Pennsylvania Transfer Inheritance Tax.Amount $:N~:m.~.
If the Will makes any portion of estate subject to a life-estate,give name and birth date of life tenant..N.a .
...............__--_---..-.._.---_-__-~:-_.
Give Names and addresses of all unpaid creditors who are 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.
Mathew Blasick and Marie G.Blasick,his wife
444 Isabella Avenue ,North Charleroi,Penna.
Judgment enter'ed -Westmoreland'County -265 May Term,1953 DSB
and 618 April Term,1966
'15012
$7,350.00
$7,000.00
'350.00
in the Amount of
and Attorney's Fees
Claim admitted to be correct.
Mr.and'Mrs.Blasick are represented by Jack R.Sparacino,Esq.
603 Broad Avenue
Belle Vernon,Penna.
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 aoy other facts deemed necessary for the preparation of the adjudication:
Balance for distribution per account,
Itemize any additional debits not shown by account:
Rents &Water Payments July &Aug.1974
Interest on Savings Account '
176.90
186.35
$13,918.73....._--.
363.25$.
$?~QJ ~.§.
$~.~.!..~.~~.:.~.?~.
Total additional debits (Add)
Itemize any additional credits not shown by account:
Atty.Skomski {Hearing)$100.00 Filing Acct.
1974 School Taxes 148.76 Water
Administrators Bond 40.00 Sewage
Oliver N.Hormell,Admin.Fee and
Attorneys Fee $1,946.34
Total additional credits (Subtract)
Balance for distribution
$20.00
14.02
32.34
If balance for distribution is not in cash,list each item held in kind,giving appraised Value (or distribution Value);
Balance for Distribution:
Real Estate
Cash
$5,500.00
6,480.52
11,980.52
....--
--------~---~-_-,-----.----------._-..--,~------------.-----.--.~~~c__-~_~~
If Family Exemption claimed by Petition,give place of Record:D-.9..n..~:.
If Family Exemption is claimed at audit,give name,relationshij.>and basis for Claim:.
List any advancement or distribution on account that has been made,and nah~re and amount of same:
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:
-.[Mabel Ann Gysegem I$1.00)ONE DOLLAR
Melvin Joseph Gysegem ($1.00)ONE DOLLAR
Anna Gysegem One-Third (1/3)Residuary Share
.Madeline Gysegem One-Third (1/3)Residuary Share
George Gysegem One-Third (1/3)Residuary Share
I
* * * * * * * * * * * * * *****.****.***~*** * * * * * *
Mabel Ann Gysegem,wife,having exercised her right to elect to
take against the will under the provisions of the Wills Act of 1947,
(20 P.S.180.8),and the testator bei~g survived by one child,is en-
titled to a ~ne-half (1/2)share of the real and personal estate of the
teatator,and the above stated proportions should be and are hereby re-
quested to be modified to that effect.
COUNTY OF WASHINGTON,SS:
COMMONWEALTH OF PENNSYLVANIA.
The above named Fiduciary or representative thereof,
being duly ~~~!.~doth depose and say
that the facts set forth in the foregoing petition are true
to the best of h..i.~knowledge and belief.
Sworn .............................................__..to and subSCribed before
me this...A.th day of ?~.~:t:.~.~.t?~?:19.~.~.
Signature of Officer.91?l~92]..:..~.
Title of Officer ~~.~.~,~/~,~.~.~.f.s~.~:~.~.
M~RiE~l f,1.NElt::,Not!3'Y;i~uti1Je
Office expi res eAl:IfOOPHi\.::WASI;lJNGI.ciN..ql~.PA,••.•.••.•••..••••
My C~mmission 'expires July.14,~..1"117
And your petitioner will ever pray,etc.
Oliver N.Hormell,Adm.C.T.A.
63 -68 -1538No.
JOSEPH F.GYSEGEMEstateof:~.
Deceased
Fiduciary....9.~IY.~.~..~.:.!"!.Q~ELL A..................__.....
...................Adm C.•.T ll .
PETITION SUR AUDIT
FROM WHERE DECEDENT LEFT A WILL
Counsel of Fiduciary will submit herewith the
following,in conform ity with Court Rules
adopted effective December 3,1951,being
rule No.9:parag raph b-c;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.
5.Letters Testamentary or Administration
C.T.A.or an attest copy of Will.
6.Copy of inventory and al?prai~ement.
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.
.........---__._-..-_.._-_-_-..-_--.--_..
01 i ver N.Harme11,Esq.Attorney
.~2
y
OLIVER N.HORMELL
AITORNEY AT LAW
423 THIRD STREET,BOX 637,CALIFORNIA,PENNSYLVANIA 15419
Area Code 412
Phone 938-8970
938-2522
NOTICE OF FILING OF AN ACCOUNT
(As required by the Rules of Practice of the Orphans'
Court of Washington County,Pennsylvania).
August 9.1974
Mrs.Mabel Ann Gpsegem
1286 Country Club Road
Monong~rliela,Pennsylvania,15063
In Re:Estate of Joseph F.Gysegem,deceased
Place of Audit:Third Floor,Court House,Washington,Pennsylvania
Date of Audit:September~,1914
Time of Audit:1:30 P.M.
Dear Mrs.Gysegem:
I am sending you this letter in order to comply with the rules of the Orphans'
Court of Washington County,Pennsylvania.
The account on the above captioned estate has been filed in the Office of the
Register of Wills of Washington County,Pennsylvania.On the above date and time,
there will be presented to the Orphans'Court of Washington County,Pennsylvania,
a petition to audit this account.An heir of the estate,as well as any creditor,is
entitled to notice of the filing of this petition and audit,and,should you so desire,
you may appear there at that time.
You are not compelled to appear at the audit,but you may have some questions
on this estate.If you have any questions,please do not hesitate to write or call me.
I shall be happy to give you any information I can,and will do everything I possibly
can to answer any questions you may have.
ONH :ad
File No.
Very truly yours,
~9/
CERTIFIED MAIL 511270
RETURN RECEIPT REQUESTED.
OLIVER N.HORMELL
ATIORNEY AT LAW
423 THIRD STREET,BOX 637,CALIFORNIA,PENNSYLVANIA 15419
Area Code 412
Phone 938-8970
938-2522
NOTICE OF FILING OF AN ACCOUNT
(As required by the Rules of Practice of the Orphans'
Court of Washington County,Pennsylvania).
August 9,1974
Mr.Melvin Joseph Gysegem
c'0 Mrs.Mabel Ann Gysegem
1286 Country Club Road
Monongahela,Pennsylvania,15063
In Re:Estate of Joseph F~Gysegem,deceased
Place of Audit:Third Floor,Court House,Washington,Pennsylvania
Date of Audit:September 9,197~
Time of Audit:1:30 P.M.
Dear Mr.Gysegem:
I am sending you this letter in order to comply with the rules of the Orphans'
Court of Washington County,Pennsylvania.
The account on the above captioned estate has been filed in the Office of the
Register of Wills of Washington County,Pennsylvania.On the above date and time,
there will be presented to the Orphans'Court of Washington County,Pennsylvania,
a petition to audit this account.An heir of the estate,as well as any creditor,is
entitled to notice of the filing of this petition and audit,and,should you so desire,
you may appear there at that time.
You are not compelled to appear at the audit,but you may have some questions
on this estate.If you have any questions,please do not hesitate to write or call me.
I shall be happy to give you any information I can,and will do everything I possibly
can to answer any questions you may have.
ONH :ad
File No.690106
CERTIFIED MAIL 511276
RETURN RECEIPT REQUESTED.
Very truly yours,
~9/
OLIVER N.HORMELL
ATTORNEY AT LAW
423 THIRD STREET,BOX 637,CALIFORNIA,PENNSYLVANIA 15419
Area Code 412
Phone 938·8970
938·2522
NOTICE OF FILING OF AN ACCOUNT
(As required by the Rules of Practice of the Orphans'
Court of Washington County,Pennsylvania).
August 9.1974
Mr.George Gysegem
R.D.#2.Box 585 0
Charleroi.Pennsylvart a.15022
In Re:Estate of Joseph F.Gysegem,deceased
Place of Audit:Third Floor,Court House,Washington,Pennsylvania
Date of Audit:September 9,1974
Time of Audit:1:30 P.M.
Dear Mr.Gysegem:
I am sending you this letter in order to comply with the rules of the Orphans'
Court of Washington County,Pennsylvania.
The account on the above captioned estate has been filed in the Office of the
Register of Wills of Washington County,Pennsylvania.On the above date and time,
there will be presented to the Orphans'Court of Washington County,Pennsylvania,
a petition to audit this account.An heir of the estate,as well as any creditor,is
entitled to notice of the filing of this petition and audit,and,should you so desire,
you may appear there at that time.
You are not compelled to appear at the audit,but you may have some questions
on this estate.If you have any questions,please do not hesitate to write or call me.
I shall be happy to give you any information I can,and will do everything I possibly
can to answer any questions you may have.I
ONH :ad
File No.69-106
Very truly yours,
~9/
CERTIFIED MAIL 511279
RETURN RECEIPT REQUESTED.
OLIVER N.HORMELL
ATIORNEY AT LAW
423 THIRD STREET,BOX 637.CALIFORNIA,PENNSYLVANIA 15419
Area Code 412
Phone 938·8970
938·2522
NOTICE OF FILING OF AN ACCOUNT
(As required by the Rules of Practice of the Orphans'
Court of Washington County,Pennsylvania).
August 9.1974
Ms.Madeline Gysegem
R.D.#2.Box 585 D
Cr~rleroi,Pennsylvaia,15022
In Re':Estate of Joseph F.Gysegem,deceased
Place of Audit:Third Floor,Court House,Washington,Pennsylvania
Date of Audit:September 9;1974
Time of Audit:1:30 ·P.M.
Dear Ms.Gysegem:
I am sending you this letter in order to comply with the rules of the Orphans'
Court of Washington County,Pennsylvania.
The account on the above captioned estate has been filed in the Office of the
Register of Wills of Washington County,Pennsylvania.On the above date and time,
there will be presented to the Orphans'Court of Washington County,Pennsylvania,
a petition to audit this account.An heir of the estate,as well as any creditor,is
entitled to notice of the filing of this petition and audit,and,should you so desire,
you may appear there at that time.
You are not compelled to appear at the audit,but you may have some questions
on this estate.If you have any questions,please do not hesitate to write or call me.
I shall be happy to give you any information I can,and will do everything I possibly
can to answer any questions you may have.
ONH :ad
File No.69-106
Very truly yours,
~9f
CERTIFIED MAIL 511278
RETURN RECEIPT REQUESTED.
OLIVER N.HORMELL
ATIORNEY AT LAW
423 THIRD STREET,BOX 637,CALIFORNIA,PENNSYLVANIA 15419
Area Code 412
Phone 938-8970
938-2522
NOTICE OF FILING OF AN ACCOUNT
(As required by the Rules of Practice of the Orphans'
Court of Washington County,Pennsylvania).
August 9,1974
Ms.'A~a Gysegem
R.D.#2,Box 585 D
Charleroi,~ennsylvania,15022
In Re:Estate of Joseph:F.Gysegem,deceased
Place of Audit:Third Floor,Court House,Washington,Pennsylvania
Date of Audit:September 9,.1974
Time of Audit:1 :30 P •.M.
Dear M~.Gysegem::
I am sending you this letter in order to comply with the rules of the Orphans'
Court of Washington County,Pennsylvania.
The account on the above captioned estate has been filed in the Office of the
Register of Wills of Washington County,Pennsylvania.On the above date and time,
there will be presented to the Orphans'Court of Washington County,Pennsylvania,
a petition to audit this account.An heir of the estate,as well as any creditor,is
entitled to notice of the filing of this petition and audit,and,should you so desire,
you may appear there at that time.
You are not compelled to appear at the audit,but you may have some questions
on this estate.If you have any questions,please do not hesitate to write or call me.
I shall be happy to give you any information I can,and will do everything I possibly
can to answer any questions you may have.
ONH :ad
File No.69-106
CERTIFIED MAIL 511277
RETURN RECEIPT REQUESTED.
Very truly yours,
~o/
OLIVER N.HORMELL
ATIORNEY AT LAW
423 THIRD STREET,BOX 637,CALIFORNIA,PENNSYLVANIA 15419
Area Code 412
Phone 938-8970
938-2522
NOTICE OF FILING OF AN ACCOUNT
(As required by the Rules of Practice of the Orphans'
Court of Washington County,Pennsylvania).
August 26,1974
CLYDE G.TEMPEST,ESQUIRE
SEcond and Chess Streets
Monongahela,Pennsylvania,15063
In Re:Estate of Joseph F.Gysegem,deceased
Place of Audit:Third Floor,Court House,Washington,Pennsylvania
Date of Audit:September 9,1974
Time of Audit:1:30 P.M.
Dear Mr.Tempest:
I am sending you this letter in order to comply with the rules of the Orphans'
Court of Washington County,Pennsylvania.
The account on the above captioned estate has been filed in the Office of the
Register of Wills of Washington County,Pennsylvania.On the above date and time,
there will be presented to the Orphans'Court of Washington County,Pennsylvania,
a petition to audit this account.An heir of the estate,as well as any creditor,is
entitled to notice of the filing of this petition and audit,and,should you so desire,
you may appear there at that time.
You are not compelled to appear at the audit,but you may have some questions
on this estate.If you have any questions,please do not hesitate to write or call me.
I shall be happy to give you any information I can,and will do everything I possibly
can to answer any questions you may have.
Very truly yours,
~9f
ONH :ad
File No.69-106
CERTIFIED MAIL 511347
RETURN RECEIPT REQUESTED.
OLIVER N.HORMELL
ATIORNEY AT LAW
423 THIRD STREET,BOX 637,CALIFORNIA,PENNSYLVANIA 15419
Area Code 412
Phone 938·8970
938·2522
NOTICE OF FILING OF AN ACCOUNT
(As required by the Rules of Practice of the Orphans'
Court of Washington County,Pennsylvania).
August 21,1974
HOWARD F.CARSON,ESQUIRE
212 Fourth Street
Charleroi,Pennsylvania,15022
In Re:Estate of Joseph F.Gysegem,deceased
Place of Audit:Third Floor,Court House,Washington,Pennsylvania
Date of Audit:September 9,1974
Time of Audit:1:30 P.lVL
Dear Mr.Carson
I am sending you this letter in order to comply with the rules of the Orphans'
Court of Washington County,Pennsylvania.
The account on the above captioned estate has been filed in the Office of the
Register of Wills of Washington County,Pennsylvania.On the above date and time,
there will be"presented to the Orphans'Court of Washington County,Pennsylvania,
a petition to audit this account.An heir of the estate,as well as any creditor,is
entitled to notice of the filing of this petition and audit,and,should you so desire,
you may appear there at that time.
You are not compelled to appear at the audit,but you may have some questions
on this estate.If you have any questions,please do not hesitate to write or call me.
I shall be happy to give you any information I can,and will do everything I possibly
can to answer any questions you may have.
ONH :ad
File No.69-109
CERTIFIED MAIL 511348
RETURN RECEIPT REQUESTED.
Very truly yours,
~o/
---------------------------------------...,
OLIVER N.HORMELL
ATIORNEY AT LAW
423 THIRD STREET,BOX 637,CALIFORNIA,PENNSYLVANIA 15419
Area Code 412
Phone 938·8970
938-2522
NOTICE OF FILING OF AN ACCOUNT
(As required by the Rules of Practice of the Orphans'
Court of Washington County,Pennsylvania).
August 13,1974
D.Ke,itp Melenyzer,Esquire
411 WAshington Avenue
Charleroi,Penns~vania,15022.
In Re:Estate of Joseph F.Gysegem,deceased
Place of Audit:Third Floor,Court House,Washington,Pennsylvania
Date of Audit:September~,1974
Time of Audit:1 :30 P.~.
Dear Mr.Melenyzer:
I am sending you this letter in order to comply with the rules of the Orphans'
Court of Washington County,Pennsylvania.
The account on the above captioned estate has been filed in the Office of the
Register of Wills of Washington County,Pennsylvania.On the above date and time,
there will be presented to the Orphans'Court of Washington County,Pennsylvania,
a petition to audit this account.An heir of the estate,as well as any creditor,is
entitled to notice of the filing of this petition and audit,and,should you so desire,
you may appear there at that time..
You are not compelled to appear at the audit,but you may have some questions
on this estate.If you have any questions,please do not hesitate to write or call me.
I shall be happy to give you any information I can,and will do everything I possibly
can to answer any questions you may have.
ONH A,D
File No.69-106
Very truly yours,
~9/
CERTIFIED MAIL 730742
RETURN RECEIPT REQUESTED.
OLIVER N.HORMELL
AITORNEY AT LAW
423 THIRD STREET,BOX 637,CALIFORNIA,PENNSYLVANIA 15419
Area Code 412
Phone 938·8970
938·2522
NOTICE OF FILING OF AN ACCOUNT
(As required by the Rules of Practice of the Orphans'
Court of Washington County,Pennsylvania).
August 13,1974
Mr.Mathew B1asick
444 Isabelle Avenue
Charleroi)Pennsylvania,15022
In Re:Estate of Joseph F.Gysegem,deceased
Place of Audit:Third Floor,Court House,Washington,Pennsylvania
Date of Audit:'September 9,1974
Time of Audit:1·30 "'l•1:•.L 'i •
De~r:'Mr •Blasick:
I am sending you this letter in order to comply with the rules of the Orphans'
Court of Washington County,Pennsylvania.
The account on the above captioned estate has been filed in the Office of the
Register of Wills of Washington County,Pennsylvania.On the above date and time,
there will be presented to the Orphans'Court of Washington County,Pennsylvania,
a petition to audit this account.An heir of the estate,as well as any creditor,is
entitled to notice of the filing of this petition and audit,and,should you so desire,
you may appear there at that time.
You are not compelled to appear at the audit,but you may have some questions
on this estate.If you have any questions,please do not hesitate to write or call me.
I shall be happy to give you any information I can,and will do everything I possibly
can to answer any questions you may have.
Very truly yours,
~9f
ONH :ad
File No.69-106
CERTIFIED MAIL
RETURN RECEIPT W-Qt&STED.
OLIVER N.HORMELL
ATIORNEY AT LAW
423 THIRD STREET,BOX 637,CALIFORNIA,PENNSYLVANIA 15419
Area Code 412
Phone 938·8970
938-2522
NOTICE OF FILING OF AN ACCOUNT
(As required by the Rules of Practice of the Orphans'
Court of Washington County,Pennsylvania).
vAugust13,p 1974
Mrs.Marie G.Blasick
444 Isabelle Avenue
North Charleroi,Pennsylvania,15022
In Re:Estate of Joseph F.Gysegem,deceased
Place of Audit:Third Floor,Court House,Washington,Pennsylvania
Date of Audit:·September 9,1974
Time of Audit:1:30 P.M.
Dear Mrs.Blasick:
I am sending you this letter in order to comply with the rules of the Orphans'
Court of Washington County,Pennsylvania.
The account on the above c·aptioned estate has been filed in the Office of the
Register of Wills of Washington County,Penn'sylvania.On the above date and time,
there will be presented to the Orphans'Court of Washington County,Pennsylvania,
a petition to audit this account.An heir of the estate,as well as any creditor,is
entitled to notice of the filing of thi~petition and audit,and,should you so desire,
you may appear there at that time.
You are not compelled to appear at the audit,but you may have some questions
on this estate.If you have any questions,please do not hesitate to write or call me.
I shall be happy to give you any information I can,and will do everything I possibly
can to answer any questions you may have.
ONH :ad
File No.69-106
CERTIFIED MA1B0743
RETURN RECEIPT REQUESTED.
Very truly yours,
~9/
OLIVER N.HORMELL
AITORNEY AT LAW
423 THIRD STREET,BOX 637,CALIFORNIA,PENNSYLVANIA 15419
:
Area Code 412
Phone 938·8970
938-2522
NOTICE OF FILING OF AN ACCOUNT
(As required by the Rules of Practice of the Orphans'
Court of Washington County,Pennsylvania).
August 13"1974
Ja~k R.Sparacino,Esquire
444 'Dchoonmaker Avenue
Monessen,Pennsylvania,15062
In Re:Estate of Joseph F.Gyse~m,deceased
Place of Audit:Third Floor,Court House,Washington,Pennsylvania
Date of Audit:September 9,1974
Time of Audit:1:30P.M.
Dear Mr.,Sparacino:
I am sending you this letter in order to comply with the rules of the Orphans'
Court of Washington County,Pennsylvania.
The account on the above captioned estate has been filed in the Office of the
Register of Wills of Washington County,Pennsylvania.On the above date and time,
there will be presented to the Orphans'Court of Washington County,Pennsylvania,
a petition to audit this account.An heir of the estate,as well as any creditor,is
entitled to notice of the filing of this petition and audit,and,should you so desire,
you may appear there at that time.
You are not compelled to appear at the audit,but you may have some questions
on this estate.If you have any questions,please do not hesitate to write or call me.
I shall be happy to give you any information I can,and will do everything I possibly
can to answer any questions you may have.
ONH:ad
File No.69-106
Very truly yours,
~7f
CERTIFIED MAIL 730744
RETURN RECEIPT REQUESTED.
.•J
'.
FORM 67REV.1-50
REG.WILLS
Application for iIlrttrr.s of Allmini.stration on thr
Estate of :!.?~.~~~~.:~~~~.~.~.
late of E.~1:.~.2~t..~.!?.~.2:!9..~;~§.h.t.P., Deceased.
Before the Register of Wills of Washington County
personally appeared ~~~.~~~.:~Y..:.~.2.~~..
who,being duly sworn deposes and says that...!..~~.~p.~~..~9x.::?~.2~.~.
age 2.~,havingh.t.§.last family or principal residence at..,gg.~.!!?!!.~.~1:."..
(Street and Number)
................~.~~.~.~~~.~.~.~..~!9.~!.?:~.~.~.p.,Washington County,Pennsylvania,died intestate
(City,Borough,Township)
at..~.~.~.~:~::::.~.~.~.~.~.?'!?..~.~..?,on the~?..!.~ay of 9.~.~.9.!?~.~..
A.D.,19 9.~,at...?..;.:?..?..A.~M.,possessed of personal estate to the estimated value
$.p.!.?-.~E:S?~E~,and of real estate in the Commonwealth of Pennsylvania to the estimated value of
$.p.g:~;~S?~;~,situate in ..f.~~.~.9..~f?:.!?.~.9 I9.~9..§h.t.P.~n9:N9..!:.:th ~h.~;r.;Lg;r.Q.i ixL .
w:~~:?~:~9..~.?!:~?~.~..~y?......~~.~..J?....~.~~.~.~.::?.~.~.?...~~.~.~.~.9.E.~.~.~E:9 ....~g.~E:..~y..~.....R.~.9;~.~.Y.J.y..?.:.t}Ja.
The names and addresses·of the decedent's surviving spouse (if any)and other heirs including
heirs by adoption)are as follows.
Mabel A.Gysegem
RELATloNsmp I·RESIDENCE
Wife '1286 Coun~CLub Road,
....................................................................................................."M.9.D.QJ?,g.~h!?.l.g..,p..~.nns.jl.l.~.at:l.ia ..
.~.:.~.~.~.~:!..~~Y..:.~.2.:.~§.9..~?~.?;??..~.~.~.!y..~..)~9.~9 .
.............................................................................................................................................~.~.~.~~.~E.9..~.~..?~~E.Y..~.9.-.~.9..
That deponent is over 21 years of age,reside3 at..~.?~.9.9..2~E:.'P.¥.~~:y'p.R9..?.:9:J M.9..9:9.ng.~f1ela,
J.s;.~E.~.9.~.!!.2~~.:?!?:?:PJ.J R.!?g.!}.§.Y..!Y.~IL;.9,.."9.-D:~t .
is a citizen of the United States and a resident of Pennsylvania,and respectfully applies for Letters of
Administration upon the Estate of said decedent,no letters having been previously issued thereon.
Sworn and subscribed before me Ihis _L...?::::.....~:[:.~~
day o~gm.Qgx:,A.D.,19 6.8 .
........4~..~2?;.~~~..
REGISTER
COMMONWEALTH OF PENNSYLVANIA }
'rVASHINGTON COUNTY,SS:
And now N9.Y.~.mQg.f.I.?::.,.19..~9..a..,comes .M;;l.b~.l A Gy.s.e.g~.m .
who being duly sworn doth depose and say that...~.b..~will well and truly administer the goods and
.chattels,rights and credits of..J..2.~.~.P.h f..~Qy..:?!?g.!?.~,deceased,
to the best of.h.~.!.....skill and judgment in strict compliance with the laws of this Commonwealth,mind-
ful of the laws relating to inheritance taXes.
Sworn and subscribed before me this....1...~..
d~aof..N.~y..~~.!?.~E ,A.D.,19..9.?..:.
.........=.1 ~'jj..t'..~:::.~..
....~~/:l..~.._.
REGISTER
~q;.s/I~
.d..t!"...
.'
r
,t
l'
DATE I tJ..h-d 197S-"
.RECEIVED ~ROM~~
to be recorded in the Recorder's Office of
Westmoreland County.
FROM ,/3-t8-/5"3g
~d1.~~
TO ,~
I .
Mortgage
State Stamp -
Satisfaction -
Other -
$-----
$------
$-----
$=====
TOTAL ~
ISABELL Y.JOHNSTON
Recorder of Deeds
':~1 No.0221 06 BY --=-oCOMMERCIAL PRINTING CO.
,I-'
f
i.-'
..
....'..
:'~":f O£~:~:::;;:~~G~::eD1,~,::,,:~}No of 19
KNOW ALL MEN BY THESE PRESENTS;
That we,..Jw1.a,.l:J.~.],.../)..~~y~.~g~m ...~.~...?r.~.~.~.~.P..B:.~..El.l?:~1!~.~.~.~~~~.El.~.~.~J3'.~~~.~.~.~.¥.~..~d
.................G..u.~~~.p.t.y q.q.~:B.~;J,..tJ.mq~.~.#~9-..~~ll:r.~.~y .
all of Washington County,Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsyl-
vania,for the use of those interested in the estate,in the sum of ..O'ne ':I'h.o.u..~~nq.Dollars,to
be paid to the said Commonwealth,to which paymen t,well and truly to be made,we do bind ourselves,
jointly and severally,for and in the whole,our heirs,executors,administrators,successors and assigns,and
each and every of them,firmly by these presents.Sealed with our seals and dated thel?1;.h..~day of
...............~.<?y.~~~.~.~A.D.,one thousand nine hundred and ..,S.:i.){,tY F.:",gP.t .
THE CONDITION OF THIS OBLIGATION IS,That if the above bounden ..
...........................................Mabe.I /A O:y.aeg.em .rixAdministratg(or any of them,shall well and truly administer
the estate according to law,this obligation shall be void as to those who shall so administer the estate;but
otherwise,it shall remain in force.
Sealed and delivered in the preseltce of:
&tattmtttt·of &urrtl1
I...... •surety in the sum of $on the
administration bond in the estate of --------------------•say that I reside at
----------,Washington County.Pennsylvania;that I am the owner of real estate,the
title to which is in my own name and duly recorded,situated in .__._.__________.
Washington County.Pennsylvania.worth above all encumbrances $ . .__...;and that I am worth the
amount expressed in said bond.over and above my just debts and liabilities.
..-.--..._----------._--------------------------_.._---------------------_..
.._-----------------------------------------_._-----------------
Co.
Street
&tattmtttt of ~urrtl1
P.O.
I...__.________________..---------......-------,surety in the sum of $.......__on the
administration bond in the estate of ----------------------------.-.-..----.----.---...-.----..-.------.,say that I reside at
__________._..__. .....•Washington County,Pennsylvania;that I am the owner of real estate.the
title to which is in my own name and duly recorded,situated in .
Washington County.Pennsylvania.worth above all encumbrances $.. ..;and that I am worth the
amount expressed in.said bond.over and above my just debts and liabilities.
.........................................................................................................................
COMMONWEALTH OF PENNSYLVANIA.l SS·
WASHINGTON COUNTY,'".
Street P.O.
And now ,..............................19 ,.comes _ _-.
who being duly sworn,says that he ·is acqUainted with the financial standing of the securities to the within bond;that
the said obligors have each executed the said bond and that the sureties thereto are the owners of real estate in their
own right of value more than the penal sum of said bond over and above all incumbrances and exemptions.
Sworn and subscribed before me this ---------....--------
day of .._____..______.._..A.D.19 ..
-"-_._--------__---------------._------------.-..----.•...._----.-----------.-_..---_.---------------_..
.;:.."~-
.:...'Qji.2 :-='§~]:'0,
'Qj
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L....:'3I 00ellZ...0Q)0:=w :t:..~...Q)~~2 t-I ."~'"r:"<~...,;i'."!"I ~57....",:,','",4 .~l:3 c:#-t 0+-t w ]r''('('-,.:•".-~~'-f l':,...""'J~:E:r:r:()!'~:';"~~:;.!,,;~';'.:.......>Ib.,;.g ,:.1 CO':.'L.LS0:=0zz......D.a D.~0 8~
0'"I:C-<c:c:0 ."."I:C c:c:0<I:C
~----.-
/
!\ppliratiou for 'rnbatr of lIin of.~.9§.~.f.!.i y..~s~y.§.~§.~~.
......................................................late of...f.~)J.9.~.!:.:?:-.§Jst !.9.~p..?.h.~.p.,Washington County,
Pennsylvania deceased,and (/lirant of iGdtrrs wrstawrntary.
REGISTER'S OFFICE,}
WASHINGTON COUNTY,SS.:
Before the Register of Wills of Washington
County,personally appeared 9..~.9..!.9.~·9.y..~.~;9..~!.'!:who being
duly sworn says that...:1..9.§~R.~f...~G.y.§.~9.g!'1 late resident of
f..~J.~~.~.~.~.~.~.9......?-:9..~?~.~~.p.,Washington County,Pennsylvania,a citizen of Jl.rrLtg.Q s.:t.9..t.g.~......died
testate at.~!.9..~.~.~y.?:.~).~~.9..~.P.~..t~.J on the.?.2.t.b day of...Q.9..tQ.gg.!A.D.19.6.8 ..
at...?..~..~.~o'clock..~..:m.,age §2 leaving an estate of the estimated value of $1Q.Q.::.Q.Q .
personality,and $!.?J.:?..QQ..:..QQ realty,said real estate being located in Q.o.e .(.l.)bo.m.e ..
.......~.~.~~.?!~.~!.~.~~~.~..?~.2.~?.!.~9..?;..!..~~.~.~.;).~!.9.J ..1.~~.?h.?:.~.g.!.9.?:?G.9..~:m.!y..."?.D.Q ..
.......9..~.::t~.J ~.?~::~.~.~~.?!~.~!.~.~:s:~.~.y.9..~~.9.~.~.~.~.~?..~~.!?..~J~9.;.~.!.9.p..9.G.9..~m.!y...
..I
The decedent's legatees and devisees are as follows:
NAME
Mabel Ann Gysegem
Melvin Joseph Gysegem
Anna Gvseoem
Madeline Gysegem
George Gyse.gem
RELATIONSHIP RESIDENCE
1286 Countxy Club Road
Wife Mononoahela Pa.15063
Son Ohio
R .D.#2,Box 585 D
Sister Charlexoi.Pa.1502?-
R .D.#2,Box 585 D,
Sister Chaxleroi.Pa.15022
R .D.#2,Box 585 D
Bxothex Chax le.roi.Pa.15022
Testator has I~9..t married and n.o children have been born since the
execution of the will offered for probate.
Petitioner pra~s that the paper 'writing filed herewith dated ?gp..:t.~.m.Q.~.;J;:?"l9...?..G...
may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen-
tary thereon to 9.§;9..;.9.!?9.Y..§.!?.·.ggm .
whose postoffice OOdreSS.;s fl...,O"..,..:.I1.?:7 ?§.?...!?.."'..S;!1.~.!.1.§!.Q.L .f.:ii\..,!.2!:t??._.
Sworn to subscrIbed before me tJus..·f;L.........:.....-±..fit
d of .'/1 -"',,;?.A~.U.A D 19 ?~'4f!.!.7/ij~..L.&..&2:2::?..ay ..~.\r.:£:~......................................... .,/.(/,:;;1\
--o/:tpn~~/Lfl-~/2/~~?..tf?'...............::'kf..~.~{J":";.
Register
..~".....-"'",.~-.....,.....
COMMONWEALTH OF PENNSYLVANIA,}SS.
WASHINGTON COUNTY,..
And.now p.~.9.~.m9.~.;r.~.~h.!,19..§JL.,comes .Q.~.Qr.,g,f.}.,g.Y..~.f.}.g§.m .
who being duly sworn doth depose and say that.....~.~:will well and truly administer the goods and chat-
tels,rights and credits of ~2.~.~.p..h f..~g,.Y.~.~.g.~m deceased,
to the best of ....tlJ~L.skill and judgment in strict compliance with the laws of this Commonwealth,mind-
ful of the laws relating to inheritance taxes.
Sworn and subscribed before me this ~.~.~..~..
68A.D.19 .ber .e cern .day oL."c.:y....._...:./'/'~IZ.~...
................,'tt';"•••~.........................•••••
Register
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IN THE OFFICE OF THE REGISTER
OF WILLS OF WASHINGTON COUNTY
PENNSYLVANIA •
'Ed./68 )'-/?'2'3
IN RE:
ESTATE OF
JOSEPH F.GYSEGEM,
Deceased.
CAVEAT AGAINST
PROBATE OF WILL
....})
~:T~~
~?Uf,r.b~~~MJ:.,w,
~~
15022
..
-I
I-fFC/gm ..-1-3
IN THE OFFICE OF THE REGISTER OF WILLS OF WASHINGTON COUNTY,
PENNSYLVANIA.
IN RE:ESTATE OF JOSEPH F.GYSEGEM,
Deceased.
CAVEAT AGAINST PROBATE OF WILL
TO THE HONORABLE RUSSELL MARINO,Register of Wills of Washington
County:
This is to request that you do not probate any alleged
will or codicil of Joseph F.Gysegem,Deceased,who died October
29,1968,a resident of Fallowfield Township,Washington County,
Pennsylvania,without notice to the undersigned,
!I~~0C~~;Howard F.Carson
Attorney for Mahel A.Gysegem,
surviving widow of Joseph F.Gysegem,
Deceased.
f!j!'~aA:J(J/
fJl~~~.Il3O/t
December 4,1968
~u.I'A~aAr/~aA:JtJa/'a/~""
~a:.Il.len1t;~/t/t1:?,ha:/tia:
15022
,
dtJlZ ~,/t,';U
.%~/!A'''A(J';cf'J-6'5tJJ
D.Keith Melenyzer,Esquire
Central Professional Building
Charleroi,Pennsylvania 15022
In re:Joseph F.Gysegem,Deceased.
Dear Mr.Melenyzer:
I have exhibited the alleged Will of Joseph F.Gysegem to his widow
Mabel A.Gysegem.While we have serious doubts as to the freedom of
choice,or the lack of it,that the late Mr.Gysegem may have had in
((1 952,we do not intend contesting the Will on the grounds of incompe-
tency at this time;however,we are specifically reserving the right
o raise the issue of his competency should we desire to do so in the
future.
~bvioUS1Y Mabel A.Gysegem,the widow of Joseph F.Gysegem,will elect~o take against the alleged Will,if and when it is ever admitted to
Probate.
~e formally notify you in your capacity as attorney for George Gysegem,
the intended Executor of the alleged Will of Joseph F.Gysegem,dated
September 3,1952,that we object to the probating of said alleged Will
~or man~reasons which will be brought out at the time of the Hearing
ll~y the Register of Wills;one of the reasons for objecting to the pro-
posed Probate is to the appointment of George Gysegem as Executor,
because he claims to be the co-holder of a Judgment Note against Joseph
F.Gysegem,dated January 22,1936,calling for the principal sum of
$15,500.00 with interest.The validity of this Note was formally
attacked by a Petition to Open Judgment,the issues of fact of which
Petition were ordered by the Court to be determined by a Jury Trial.
As no such Trial was ever held,we are requesting the Prothonotary to
list the same when he prepares the next Trial List.
I am filing a Caveat and a copy of this letter to Russell Marino,
Register of Wills for Washington County.I am enclosing an extra copy
of this letter to you for transmittal to your client George Gysegem.
Very truly yours,
/1~vae.-c//r ~<2-~
Howard F.Carson
HFC/gm
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Estate of ..J.Q.!H~ph...f..f/....GY::H~g~.m............................}
Fa 11 fi Id T No of 19 ..
late of ():vo'e.\V.P....,Deceased
KNOW ALL MEN BY THESE PRESENTS,
That we,....II.()111~!.~:F,.~q~.r..~.q~.~....~.~~.r..~~.?i.P'i.1....~.~.~~!1.i.~.~~~~.~.~~.s.F..~.~.~~.~.~r..a.-nd
..............~~I.i.r..~.~~y.9.().~~!3..~.~.~.rn.()!..e..~~?..~~1:1:rtfJ.~.:v:.
all of Washington County,Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsyl-
vania,for the use of those interested in the estate,in the sum of ;F'~.y.~li~nq~~.4 Dollars,to
be paid to the said Commonwealth,to which paymen t,well and truly to be made,we do bind ourselves,
jointly and severally,for and in the whole,our heirs,executors,administrators,successors and assigns,and
each and every of them,firmly by these presents.Sealed with our seals'and dated the q.~.~day of
................p.~.~~.II'l~.~.!.'A.D.,one thousand nine hundred and ..S.iX.tY ~~.gh~.
-------------------
Sealed and delivered in the presence of:
the estate according to law,this obligation shall be void as
otherwise,it shall remain in force.
to those who shall so administer the estate;'but~pJ0~~'~~~/~.u~/ted1tiit!.FldeHtiiirilfEeli~ranty
C.Q.~....l3.a.+':t;;J.~.....~.·,....M~..•...P.ll.r.~..t.y.(SEAL)
..t·t·orney a..~d/
...............................................................~~)
~tnttml'nt of @lurl'tn
THE CONDITION OF THIS OBLIGATION IS,That if the above bounden ..
....................................H.oward F Car..son .
~ilUtKrX ..qi3::v:~.~J9.r.or any of them,shall well and truly administer
I'rI
I,.-----------.-.------------------..-...------..-------------....---------------------...--.. .,surety in the sum of $ .on the
administration bond in the estate of -------------...__.,say that I reside at
-------------..----------,Washington County,Pennsylvania;that I am the owner of real estate,the
title to which is in my own name and duly recorded,situated in __________________,
Washington County,Pennsylvania,worth above all encumbrances $--..;and tliat I am worth the
milount expressed in said bond,over and above my just debts and liabilities.
.._------------------_.--------------------_.-._-----------------
......•.-.._.__.__..__._-_._-----_.~-_.....-_._----------------
Street P.o.
&tatl'ml'ut of &urdy
I,...__.._....-------.---...--.----.,surety in the sum of $ .__..on the
administration bond in the estate of ------------------------------..---------------------------....__..,say that I reside at
_......._..........•Washington County,Pennsylvania;that I am the owner of real estate,the
title to which is in my own name and duly recorded,situated in ______,
Washington County,Pennsylvania,worth above all encumbrances $----....•..;and that I am worth the
amount expressed in said bond,over and above my just debts and liabilities.
.........................................................................................................................
Street P.o.
COMMONWEALTH OF PENNSYLVANIA,}SS'WASHINGTON COUNTY,'".
And now __19..,comes__.._______.____..
who being duly sworn,says that he is acquainted with the financial standing of the securities to the within bond;that
the said obligors have each executed the said bond and th.3t the sureties thereto are the owners of real estate in their
own right of value more than the penal sum of said bond over and above all incumbrances and exemptions.
Sworn and subscribed before me this -----------....--------
day of ...........................A.D.19 __
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JOSEPH G.GYSEGEM,
DECEASED.
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D.KEITH MELENYZER
ATTORNEY AT LAW
"WI'l'~~411 WaSn1nQLOn Avenue
_Q':I:.rOlAL-aRO.E~sl.o~A.L.-8Io..~G.
CHARLEROI,PA.15022
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STIPULA.X:I..QN AND fONSEN7
IN RE:ESTATE OF
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVIS ION
NO.1538 of 1968
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVIS ION
IN RE:ESTATE OF
JOSEPH G.GYSEGEM,
Decease,d.
NO.1538 of 1968
STIPULATION AND CONSENT
AND NOvV,this :2 J~ay of Apxil,1969,it is hexeby
stipulated by and betwee,n counsel that an Oxdex be,entexed
:removing Geo:rge,Gysegem as Executo:r of the Estate of Joseph G.
Gysegem,Deceased,and that a neutxal and impaxtial pexsonal
xepxesentative be appointed in his stead.
Counsel fox Geoxge Gysegem
Counsel fox Mabel Gysegem
Consented to this 2'/4 day of ~,1969.
b€GYS€iem
·-
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IIU!i4tugtnu QTuuuty~!i11:
I,:R~.~.~~~;l,.+'..M.a.:r.l:p.Q............................Register for the Probate
of Wills and granting Letters of Administration,in and for the County
of Washington and Commonwealth of Pennsylvania:
To J~~.~Y8~..¥:r?:r.~e.~.:!-.
Administra tOIt>f all and singular,the goods and chattels,rights and
credits ~~~1JrJDt.'fIlWl,which were of .
..........J.~.~~..P.~F..'!~.y.~.~.8.~.~late of the said County,
deceased,with a copy of deceased's will annexed,GREETINGS:
Whereas,the said ~.()fJ~l?~F..·(}1.~~.8.~~.
in .l:I~.~lifetime,made ..~.1.~last Will and Testam,ent in writing,
which was duly proved on the ..p.tb.•.....day of A..u.g).I.~t A.D.,19.6.9 having,whilst
.....~~lived,and at the time ofH.1.fJ decease,divers goods and chattels,rights and credits,with-
in the said County,by means whereof the full disposition and power of granting letters of adminis-
tration thereof,is manifestly known to belong to me;Therefore desiring that the goods and chattels,
rights and credits which were of the said deceased,1tKIx.xd2~~~may be well
and truly ad111,inistered,converted and disposed of according to the tenor and effect of the said de-
ceased's will and according to law,I do hereby grant unto you the said .
Oliver N.Hormell ,~dmlnlstrator C.T.A•.....................................................................................,.
........................(in wbose fidelity in this behalf I very much confide,)full
power by the tenor of these presents,to administer the goods,chattels,rights and credits raaM1c.~
J'l~~which were of the said deceased,within the said County,as also to ask,collect levy,
recover and receive the credits whatsoever of the said deceased,which at the time of ...H.l.s ....death
were owing,or did in any 'way belong to.li~lI1......and to pay the debts in which the said deceased
stood obliged,so far forth as the said goods and chattels,rights and credits will extend,according
to their rate and order of law;especially of well a'nd truly.administering the goods and chattels,
rights and credits ~7l71~which were of the said deceased,according to the
tenor and effect of said deceased's will,and according to law;and making a true and perfect
inventory and conscionable appraisement thereof,and exhibiting th~same into the Register's Of-
fice,at Washingto~,on or before the day of next,ensuing,and also a
true and just account,calculation,and reckoning'of your administration,upon your solemn ...
..............o.ath to render at the expiration of six months,or when legally thereunto re-
quired;and I do by these presents ordain,constitute and depute you,the said ..
.........................................Qlive.r :N•...:aorm~l.l .
administrata tor C.T.A.of all and singular the goods and chattels,rights and credits,7lIitIidJx
~~and which were of the said deceased,with a copy of said deceased's Will an-
nexed,within the limits aforesaid;saving harmless and forever indemnifying me and all other of-
ficers against'all persons by reason of your ad111,inistration .aforesaid,and saving all others their
rights,&c.
lIu Wrntimnuy DlIqrrenf,I have hereunto set my hand and affixed the seal of said office at
Washington,the QtAL day of 4.ug.ust ·i1~the year of our Lord
\
....................................~.
one thousand nine hundred and Slxt.y...N.lne .
.Register.
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tr1 C)en~""""t >~;i 0 CL.J"=0 ;1 --:::I'T.l --?enP"t'-cCtP"t'--C:::I
J
I,JOSEPH F.GYSEGEM,of Fallo\'lfield TO'I'1nship,l'Tash1ngton
County,Pennsylvania,being of sound and disposing mind and memory,
hereby make,declare and publish this to be my Last ~111l and Testa-
ment,revokin~all former Wills by me heretofore made:
1st.I direct that my just debts and funeral expenses be
promptly paid.
2nd.I give to my wife,Mabel Ann Gysegem,the sum of One
($1.00)Dollar,and to my son,Melvin Joseph Gysegem,the sum of
One ($1.00)Dollar.
3rd..I give,devise and bequeath all of my property and
estate of whatsoever nature and wheresoever situate,to my two (2)
I
sisters,Anna Gysegem and Madeline Gysegem and my brother,George
Gysegem in equal One-Third (1/3)shares and proportions,if they
shall survive me.If they do not survive me,I give,devise and
bequeath my said property and estate to such of my sisters and my
bro ther as do survive me,-in equal shares and proportions 0'
4th.I constitute and appoint my brother,George Gysegem,to
be the Executor of this Uill.I authorize him to sell any or all
of my real estate at public or private sale and to make,execute
and deliver proper lawful deed or deeds therefor.
5th.I direct my Executor herein named or his successor to
continue in all lawful ways to contest the claims of my said wife,
---------_.._.,-_.-........-"'"...-~---~----_......._..~---_..-.~.
/
Mabel Ann Gysegem,now pending against me or my estate or any claims
hereafter filed or ente~ed by her.
6th.My said brother George Gysegem and my said sister,
Anna Gysegem,hold and own in equal proportions,a JUdgment Note
against me in the sum of Fifteen Thousand Five Hundred ($15,500.00)
Dollars,dated Charleroi,Pa.,January 22,1936,payable on demand
with interest,and I admit that I am indebted to my said brother
and my said sister for the full sum represented and secured in and
by said Note.
VlITNESS my hand and seal at Charleroi,Pennsylvanla,thls
3rd day of September,1952.
Signed,sealed and by the
Testator published and declared
to be his Last \'Till e.nd Testament
in the presence of each of us,who,
at liS :eqUe11'JitAe~;f;e same:
!Jf{UU}.If(IlIVr ~f7 Charleroi,Pennsylvania.
Charleroi,pennsylvaniao
•
/o;Af'"
ESTATE OF
JOSEPH F.GYSEGEM,
IN RE:
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N THE COURT OF COMMON PLEAS
bF WASHINGTON COUNTY,PENN'A.
ORPHANS'COURT DIVISION
No.1538 of 1968
iOTICE OF ELECTION TO ~KE
GAINST WILL AND AGAINST CON-
EYANCES AND INTER VIVOS ASSI~
ENTS UNDER PROVISIONS OF
STATES ACT.
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15022
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA.
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
JOSEPH F.GYSEGEM,
DECEASED.
)No.1538 of 1968
NOTICE OF ELECTION
TO TAKE AGAINST WILL
AND AGAINST CONVEYAl\CES
AND INTER VIVOS ASSIGNMENTS
UNDER PROVISIONS OF ESTATES ACT
TO:
OLIVER N.HORMELL,ADMINISTRATOR OF THE ESTATE OF SAID DECEDENT:
RUSSELL MARINO,REGISTER OF WILLS AND CLERK OF THE ORPHANS'COURT
DIVISION,COURT OF COMMON PLEAS OF WASHINGTON COUNTY:
LEGATEES,DEVISEES,ASSIGNEES AND CREDITORS OF SAID DECEDENT OR
OF HIS ESTATE:
TAKE NOTICE AND KNCM ALL MEN BY THESE PRESENTS,that I,Mabel A.
Gysegem,widow of the said Joseph F.Gysegem,deceased,who died
October 29,1968,leaving a will dated September 3,1952,duly
probated upon ruling of the Court by the Register of Wills of
Washington County,Pennsylvania,do hereby elect to take against
the said will of the said Joseph F.Gysegem,and,further,I do
hereby elect to take against all conveyances inter vivos and
against all assignments and liens made or given inter vivos by said
decedent which may be treated by me as testamentary dispositions
so far as I am concerned under Section 11 and Section 11 (a)of
the Estates Act of 1947,as amended,and,further,I elect to take
and receive the share of the decedent's estate to which I am en-
titled by my election and request you to file and record this
election and notice in accordance with the Acts of Assembly in such
case made and provided.
i';
II ..,
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I
ITAKE FURTHER NOTICE,that I desire and intend for this electionIi~'land notice,without intending or meaning to limit the scope of
II this notice and election,to apply specifically to the following:
I~
•,
Judgement Note to George and Anna Gysegem in sum of $15,500.00,
entered in the Prothonotary's Office in and for Washington County
on October 3,1952,at #180 November Term,1952,D.S.B.;Judge-
I
:Iment Note to Marie G.Blasick
Ilentered in the Prothonotary's
,et con.,in sum of $7,000.00,
I
Office in and for Westmoreland County
George Gysegem on July 14,1952 of Mortgage from Milton Wilkes
February 28,1953,at #265 May Term,1953,D.S.B.;Assignment
i':~and Margaret Wilkes in face amount of $2,000.00,which Mortgage
\:,
j'was recorded in the Recorder's Office in and for Westmoreland
Ii County in Mortgage Book 503,Page 18;Assignment to George Gyse-
11 gem on July 14,1952 of Mortgage from John Ondulick and Agnes M.
,:Ondulick in face amount of $4,500.00,which Mortgage was recordedi!
(lin the Recorder's Office in and for Westmoreland County in Mort-
II
';gage Book 766,page 190;Assignments of various shares of corpor-
ilate stock including stock in Cities Service Corp.,Toledo Edison,
oElectric Co.,and West Penn Power Co.;and conveyance of one-
:1
,(Ourth interest in DairyFarm in Fallowfield Township in 1961 by
I,
,Master in Partition at #5732 In Equity,without notice to me asII
'!hiS wife;all of which was done in order to deprive me of my
'Illinterest in the real estate of my now deceased husband.
I
;IIN WITNESS WHEREOF I have hereunto set my hand and seal this J'f;t:J
IIIIday of October,1969.I,
);~be~A~~(SEAL)
a Notary Public~personally appeared the foregoing named
luiOnthis
SS:
)
)
,
"Iiii·.COMMONWEALTH OF PENNSYLVANIA
II COUNIY CF WASHINGTON
!!
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iIMabel A.Gysegem,widow of Joseph F.Gysegem,deceased,and in due
:,1
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i:form of law acknowledged the foregoing notice and election to take'ii!1'
'I •Iliaga~nst the will of Joseph F.Gysege~and against conveyances and
I:,
!!inter vivos assignments to be her act and deed for the purposes
II
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:itherein mentioned and so that same might be filed and recorded as
aforesaid.
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Witness my hand and Notarial seal the day and
Notar~::'p;jlt>liS).~:,~~~~~.
,,~~\;-:~-~.~~..~.~~..,~;,<--t '
eATf/Y JEAN ROSENtiN:'.;)~O:TiRv:..Aun(;c./:·5~::~
CHft.RlERDl BOliO WA~Rifi01Q~~:~6~~T(~,~,.:,.
MY eOMMISSIO;·l.EXPiRES r~:ln~CH'I2 "1973 ''
Member Pennsylvania Assn.of N~i~;;es"
i\ffiltunit (@f 1£xrrutnr ®r i\~mtut6trutnr
~tatr of 'ruunyluania {
<!touuty of 1IllIanqiugtou }nn:
Personally before me,the undersigned authority,a N9~~_ry__p_~p.)J~.._._in and for said
~;~:~Ya::~d~~:t:~~:~:a:::o~~~~~:-;;;~~:~HO~M~;-~~--~~~~~~-~~"~;'~~~'i~i~::ao;or~~~~:t
tate of .;J:~.~~pg.¥.'.~__.9:y'!?~g~:rP __...deceased,that the foregoing schedules constitute a
complete inventory and appraisement of the real and personal estate of _JQ~~..Ph_.f_!_QY~_~_K~_:g;I__,
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 executor Administrato C.T.A.
d,Sfworn and ~ubscribed be1f9"":;;;thi>I'1:¢.......~.
MARIEMYMo rl','·6faiY··P..bIiC~..............Execut~~d~inistrator C.T.A.
CAlIFORiIltA,.A·./..o:~·..
My Commission expires July 14,.1973 ADDITIONAL INSTRUCTIONS
..J
1.Aninventory must be filed within three months after appointment of personal representative.
2.'ksupplemental inventory must be filed within thirty days of discovery of additional assets.
3..1 Original and 2 Copies and 2 RCRI-34,Under $10,000 ;'1 Original and 2 Copies and 2 RCRI-33,
Over $10,000,including Copy of Will;1 Original and 3 Copies and 2 RCRI-33,Over $50,000,in-
cluding Copy of Will and copy of Federal Estate Tax Return.
REFERENCE FOR ADDITIONAL COPY
Act of 1947 P.L.513 Sec.5.2,72 P.S.4844.2
~uurutnry au~1\pprainrmrut .of the goods and chattels,rights and credits which
were of J.OS'~Pa..F G¥.s~G.EM late of F!'!-Uo.w.fj.e.~d..To.wns.hi.p,..
Washington County,Pa.,taken and made in conformity with the above affidavit.
.j
REALTY
Lot No.1501.22 X 100,in the City of Monessen.
Westmoreland County.Pennsylvania.upon which there is erected
a two story frame house.For chain of title see Deed Book Volume
1180.Page 535.
Part of Lot No.9.Block 8.Plan of North Charleroi Land
Company.in the Borough of North Charleroi.·Washington County•
.Pennsylvania.upon which there is ereeted a two story frame
house.For chain of title see Deed Book Volume 604,Page 202.
PERSONALTY
Checking Account No.294-6967.Mellon "National Bank and
Trust Company.Charleroi Office.Joseph Gysegem
69-106
DOLLARS
5.500.00
5.800.00
436.92
11.736.92
CENTS
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"tid "00 NOIDNIHSVM
Sllilfl .dO tJ31SI~3tJ
ON!H~'!i T'1.3SSntj
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IN THE COURT OF COMMON PLEAS
OF WASH.CO.PA.,-ORPHANS'
COURT DIVISION
No.1538 of 1968
IN RE:
ESTATE OF
JOSEPH F.GYSEGEM,
Deceased.
PETITION TO FIX AMOUNT
OF BOND and DECREE
~~\l
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..
OLIVER N.HORMELL
ATTORNEY AT LAW
423 THIRD STREET
CALIFORNIA.PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS OF WASHINGTON C.OUNTY,
PENNSYLVANIA -ORPHANS'COURT DIVISION
IN RE:)
)
ESTATE OF )
)
JOSEPH F.GYSEGEM,)No.1538 of 1968
)
Deceased.)
PETITION TO FIX AMOUNT OF BOND INRE:
SALE OF REAL ESTATE UNDER PROVISIONS OF
SECTION 541 OF THE FIDUCIARIES ACT OF 1949
TO THE HONORABLE,THE PRESIDENT JUDGE OF SAID COURT:
The petition of OLIVER N.HORMELL respectfully represents:
1.That your petitioner is the Administrator C.T.A.of the
Estate of Joseph F.Gysegem,deceased,who died testate on
October 29,1968,a resident of Fallowfield Township,Washington
County~Pennsylvania.The Last Will and Testament of Joseph
F.Gysegem bearing date of September 3,1952,appointed George
Gysegem the executor of said will which is of record in the
Register of Wills Office in Washington County,Pennsylvania,ln
Will Book Volume Page
OLIVER N.
HORMELL
ATTORNEY A.T L....W
423 THIRD STREET
CALIFORNIA,PENNA.
69-106
2.Security has been entered by your petitioner with the
Register of Wills of Washington County,Pennsylvania,in the sum
of $1,000.00 as represented by a bond of the United States
Fidelity and Guaranty Company of Baltimore,Maryland.
3.Your petitioner proposes to sell real estate which com-
prises a portion of the estate of the decedent.A full descrip-
tion of the property is as follows:
-1-
ALL that part of Lot Number Nine (9),in Block
Number Eight (8),of the Plan of the North Charleroi
Land Company,situate in the Borough of North Charleroi,
Washington County,Pennsylvania,bounded and described
as follows:
BEGINNING at a point on the West side of Isabella
Avenue five (5)feet North of the line of Lot Number
Eight (8)of said Plan:thence in a northerly direction
thirty-five (35)feet to an alley;thence in a Westerly
direction along said alley One Hundred Ten (110)feet to
a twenty (20)foot wide alley;thence in a Southerly
direction along said Twenty (20)foot wide alley,thirty-
five (35)feet to a point;thence in an Easterly direction
upon a line parallel to Lot Number Eight (8)of the said
Plan and distant Five (5)feet North from the same One
Hundred Ten (110)feet to Isabella Avenue,at the place
of BEGINNING.Upon said parcel of land there is erected
a two story frame dwelling.
SUBJECT to all exceptions,reservations and conditions
as the same may appear in prior recorded deeds in the
chain of title.
BEING the same property conveyed to Joseph Gysegem
by deed of Sarah Rogerson,widow,dated January 22,
1936,and recorded in the Recorder's Office of Washington
County,Pennsylvania,in Deed Book Volume 604,Page 202,
on January 23,1936.
4.Attache4hereto,made a part hereof and marked EXHIBITS
"All and "B"are affidavits of two responsible persons,who are
realtors and who are familiar with the real estate values of
real estate in and around North Charleroi,Washington County,
Pennsylvania.
5.Attached hereto,made a part hereof and marked EXHIBIT
"C"is a copy of the Inventory filed in said estate.
6.Your petitioner proposes a private sale of the said
real estate to Boyd D.Neff and Suzanne L.Neff,his wife,both
of 814 Park Avenue,Belle Vernon,Pennsylvania.They have entere
into an Agreement to buy the said real estate for the sum of
$5,800.00,have deposited with your petitioner their personal
-2-
check in the sum of $500.00,and a copy of the Agreement of Sale
is attached hereto,made a part hereof and marked EXHIBIT "D".
7.All of the heIrs in the Estate of Joseph F.Gysegem
are represented by counsel,and counsel for each of the heirs
have been sent a copy of this petition together with notification
of the intent of your petitoner to present it to your Honorable
Court.
8.The above described property was not specifically devise
by the Testator and the joinder of any specific devisee is there-
fore not necessary.Attached hereto,made a part hereof,and
marked EXHIBIT "E",is a photostatic copy of the Will of the
decedent.
WHEREFORE,your Petitioner prays your Honorable Court under
Section 541 of the Fiduciaries Act of 1949,and Orphans T Court
Rule 16,for a DECREE requiring the entry of additional security
in such amount as the Court may determine,upon the entry of
which your PETITIONER BE AUTHORIZED to receive the proceeds of
sale of the premises aforesaid.
-3-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)SS:
)
Before me a Notary Public,the undersigned authority,ln
and for the County and Commonwealth aforesaid,personally
appeared OLIVER N.HOR}lliLL,Administrator C.T.A.of the Estate
of Joseph F.Gysegem,deceased,who,first being duly sworn
according to law,deposes and says,that the facts set forth ln
the foregoing PETITION TO FIX AMOUNT OF BOND IN RE:SALE OF
REAL ESTATE UNDER PROVISIONS OF SECTION 541 OF THE FIDUCIARIES
ACT OF 1949,are true and correct to the best of his knowledge,
information and belief.
Sworn and subscribed to
before me this 1~;z:1
day of ~,1970.
Notary Public
My Commission Expires:
MARJEM M.NEM.,Notary P.
CALIFORNIA,WASHINGTON CO.,PA.
My'Commission expires July 14L 1973
AFFIDAVIT
COMMONWEALTH OF PENNSYLVMIA
COUNTY OF WESTMORELAND
)
)
)
SS:
Before me,a Notary Public,in and for the County and Commonwealth
aforesaid,personally appeared MILTON KLEIN,who being duly sworn accord-
ing to law,deposes and says that he is familiar with the values of real estate
and has had experience in buying,selling and appraising real estate in the
Borough of North Charleroi,Washington County,Pennsylvania,for 24 years.
D.~ponent avers that he has inspected the premises situate at 420 Isabellat_
Avenue,Borough of North Charleroi,Washington County,Pennsylvania,more
pa rticularly described in the annexed Petition presented to the Orphans'Court
Division of the Court of Common Pleas of Washington County,Pennsylvania,in
the Estate of Joseph F."Gysegem,deceased;that he is acquainted with real _
estate vMues in the said vicinity;that he is ofthe opinion that $5,800.00 is a
full and fair price for that property;and that said price constitutes the fair
market value of said property.
Deponent further avers that he is not personally interested in the said
sale of the aforesaid property.
Sworn and subscribed to
beforeme this :2:2 ,1/1>
day of tfJC7lJ,IJ~,1970.
Notary Public
My Commission Expires:
ARTHUR E.FELDMAN,Notary Public
MONESSEN,WESTMORELAND CO.•PIl..Mr Commjs~ion expires Oct.2,197~'
EXHIBIT "All
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF Washington
Before me,a :N>tary Public,in and for the County and Commonwealth
aforesaid,personally appeared Joseph Sitte ,who being-----=------------
duly sworn according to law,deposes and says that he is familiar with the
values of real estate and has hald experience in buying,selling and appraising
real estate in the Borough of North Charleroi,Washington County,Pennsylvani ,
for _.....:dZ~.....7'-'__years.
Deponent avers:that he has inspected the premises situate at 420 Isabella
Avenue,Borough of North Charleroi,Washington County,Pennsylvania,more
pa rticularly described in the annexed Petition presented to the Orphans I Cour
Division of the Court of Common Pleas of Washington County,Pennsylvania,iJ
the Estate of Joseph F.Gysegem,deceased;,that he is acquainted with real
estate values in the said vicinity;that he is of the opinion that $5,500.00 is
a full and fair price for that property;and that said price constitutes the fair "~
market value of said property.
Deponent further avers that he is not personally interested in the said
sale of the aforesaid premises.
Sworn and subscribed to
before me this ~9--'------::-day of ~~,1970.
:tyIy Commission Expires:
tA~MELENEM.ALFIERI,NOTARY.eU8LlC
CHARLEROI BOROUGH,
WASHINGTON CO.UNTY
MY COMMISSION EXPIRES MAR.14.1972
EXHIBIT "B"
'._'t...'~~
...
.~.-,~
CENTS
418 8.
5.800.00
1,100 ~O
11.'88 81
DOLLARS
EXHIBIT l[lC"
PERSONALTY
RBALTY
• ' f II'~ffib~uit (@f 1£xrrutnr (@r.i\bmitttatrutnr
.#,
~(I!hjngt~n County,'Pa.,tak.en and mQde in conformity with the above affidavit.I
J
-!\""~"'~_._~''''_T'_'''~~.__~~"..4 ~...~.....~.•_....,...-.._.._.__.._~~...._...
..~.),ifnurntory tllUl J\ppraisrmrnt of the goods and chatteJ rights and credits 'Which
•~.•','JI,1V~rt:.of;ICIIBPH..F•...GOROBM :late of Jr..lkn'ft.lcl.TowDab1p.·:..
"-108
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~r .,",Gluutttg uf JlaslJingtott I
Personally before me,the undersigned authority,a ~~D'..~U~in and for said'.~.I...i ;".County and State,appeared OUWll.N..HOBMBLJ..who,bejp~duly
sworn according to law,deposes and says that he is the executor ot;administratol/~·tf\~~-
tate of .,~~J!.~..~.~I~~·;~L deceased,that the foregoirig schedules constitute.a
complete inventory and appraisement of the real and personal estate of :I.I.~,~.J.!'.,.OP~.@.,
deceased,except ,l'eal 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
:tQ;.ta:m;,~::~;::9~:e;':~e~~~eabO}v~c::...J(min~trato ....~.~..~.....
';. ..MARI ......N iCNo··..·····P···lfc ~.......Execut~A'dministrator C.T.A•
.'"'••,:'!:'CA k:Nfi'T~::~·..··..·......······..·..I
"''''''::'~"".I )•.•·.My C~mission expires July 14t 1973 ADDITIONAL INSTRUCTIONS.1
1..An inventory must be filed within three months after appointment of personal repreeentative.
2..'A supplemental inventory must be filed within thirty days of discovery of additional assets.
3.1 Original and 2 Copies and 2 RCRI-34,Under $10,000;1 Original and 2 Copies and 2 RCRI-33,
Over $10,000,including Copy of Will;1 Original and 3 Copies and 2 RCRI-33,Over $50,000,in-
:'~uding Copy of Will and copy of Federal Estate Tax Return.)'
REFERENCE FOR ADDITIONAL COpy
::-4-~._-_.....__A~t of ~947 _~.~~_5.~3 sec~_~~~~..~~~~~:_~~~4.~j _"__'''_''''___..'.._t..~
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PO'U'HO.I.(1"7)
REAL ~RO~I[RTY AGREEMENT
WASHINGTON COUNTY PAR ASSOCIATION
WASHINGTON.~A.
.•,
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3-'
Made the day of October 1970
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(hereinafter called "Seller")and
(hereinafter called "Buyer"),
of the essence of this Agreement.
ESTATE OF JOSEPH F.GYSEGEM,by Oliver i\.Hor_li,Ada.C.T.!.
Durer will pay Local Realty Transfer Taxes.
I By Seller until recordil'J&of the deed
7.The parties further agree as follows:
6••Time is
5.From and after the date of this agreement,insurance shall be provided and paid for as follows:.•
...
~-~----~-~-~-~~~~~---------~~~-~~-~---~----
BOYD n.HEFF and SUZANNE L.UEFF.his wife
~
,4.Seller shall pay for or be charged with the cost of all federal documentary taxes and state allPlUQlIiIIIJC
transfer taxes payable upon this transaction,but real estate taxes,sewer charges and rents and royalties shall be pr0-
rated bn a calendar year basis between Seller and Buyer as of date of delivery of possession of the premises;except as
htreiJiafter set forth:
'I'.
$.ft d-d,s.I'ossessio.n s'han be given <aX upon delivery of the ~,and settlement shall be made
at the,office 'of Seller's attorney on ~before 410.1 1911;or as follows.,",
Between
WITNESSETH,that for the consideration hereinafter set forth and intending to be legally bound the Seller and
Buyer mutually agree as follows:
1..Seller agrees to sell and convey to buyer on or before ".'.I?1,1m
by Ada1n1s~rator'8 •••1110 deed in fee simple absolute,clear of all mortgages,judgment liens
I and tax liens and other encumbrances affecting its marketability (except as hereinafter set forth)all the real property
described in Paragraph 8 hereof.
2.Buyer agrees to purchase said real property and to pay Seller therefor the sum ofrIVE THOUSAIID
lIGHt HUNDRED AND Ho/lOO ($5.SOO.OG )DollarsasfoUows:
\
'a)The 8ua of $,500,,00 upon the execution of this A~re.-ntJ tb•
receipt of which 1~hereby acknowle~ed.
(b)The balance of ~5.·~.OO upoa certification by the attorn.,.tor tit.4
bu,.er that there exists in the buyer a recarded title in tee a1.pl.,~J.
to the property SUbject only to such encumbrances as he .y hi.ell :~
put on record.,.''1
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..'.'It 1.underatooc1 and agreed between the parties that this,
Agree_nt is SUbject to the approval of the Orphans'Court of Waehl~~
County,Pa.Th.Adai.n1atrator.C.T.A.hereby covenants and agree.a ..:.-.
~ped1tiously petition the Court for pe~ss1on to sell the real ••tat.~
Ia.the eTent tha~tor any reason because of the fault of the estat~,1':
1.not.posslhle to uk.this traneferupon the teras a,creed upon,tao :.
the Htate.agrees to refund Buyer his hand I!lOney which he has paid in
t,he AlIOUnt ot $500.00.In the event that 117,18 a default on behalf
0'1 the Buyer,and "be Agreea.nt ls not.tul1'111ed Decauae of hi.raul\.
I tie will then loee the $500.00 hand ::cney and the estate will k••p J.~a.liquidated ea.a,••.
..,
'69-106
I
EXHIBIT "D"(continued)
,.....-..~....
'.I.:-.
8.The real property which is the subject of this Agreement is described as follows:
ALL 'mA'1'PAHT OF LOT'Nuaber Nine (9),in Slock Number Eight J~L'.....
of the Plan of the North Charleroi Land Company,situate in the Bo~oUlh
o~Horth Charleroi,Washington County,Pennsylvania,bounded and
described as follows:
II .'tBEUINNIltKl'at a point on the \'lest side of Isabella Avenue five (5)
teet i~ort.h oJ til e Lint'of Lot.Nu.~btic ...ir;ht (R)of lSQid Pla.n;thence in
a Northerly direction thirty-five (35)feet to an alley;thence in a
Westerly direction along said alley One Hundred Ten (l10)feet to a
Twenty (20)feet wide alloy;thence in a Southerly ~irection alon~said
Twenty (20)feet wide alley,thirty-five ()5)feet to .:3.point·;thence
·In an Easterly direction upon a line parallel to Lot Number Eight (6)
of said Plan and dit;;tLmt (5)feet North from the ~ame One Hundred·Ten
(lIO)teet to Isabella Avenue,at tLe place of j~,..aNt,ING.
,
SiING the same property conveyed to Joseph Gyse,::;em by deed of
Sarah Rogerson;said deed being dated January 22.1936.and recorded
in the Recorder's Office of ~b8hi~ton County,Pennsylvania,in Deed
Beok VolWie 604,pa~e 202,on January 23.1(,]6.
SUBJECT to all exceptions,reservations and conditions as the same
maT appear in prior recorded deeds in the chain of title.
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P.H Buyer defaults in payment or performance for 60 days,Seller may,at Seller's election,
use One or more of the following remedies in addition to or instead of any other remedies provided by law:
(a)rescind this agreement and retain all sums paid on account hereof as liquidated damages,in
I which case Sellet shall retain title to the real estate free and clear of any obligation or duty to Buyer and Buyer
ahall surrender this Agreement for cancellationj ,
(b)eject Buyer'from said real estate,for which purpose Buyer hereby authorizes aDy attorney
of any CoUf!-of R~rd to app~r for Buyer and confess judgment agains~Buyer in an ,amicable ~c~on of cj~
wlU\tmrned;late WTit for pos.Iie8:Non of the real estate and for dam.a~,to mclude attorney's conmusslon of ~
or $)C)().oo and costs,hereby waiving stay of execution,exemption and inquisition,with release of all errol'S;
•(c)affirm this agreement by delivery of deed to Buyer,declare all sums due lteTeunder to be
forthwith due a,nd payable,and cause judgment to be entered ,therefor,for which purpose Buyer hereby authorizes
and empOwers any attorney of any Court of Record to appear for Buyer and confess judgment against ~yer for
the whole balance due,together with interest,attorney's commission of 10 %or $J 00 •00 ,aild costs,
and here1:ly agrees to immediate execution thereon,waiving stay of execution,exemption and inquisition,with re-
lease df all errors.
10.This Agreement shall extend to and benefit and bind the heirs,executors,administrators,successors and
assigns cl th~~es.Whenever used herein,the singular number shall include the plural,the plural the singular
andthe use ~any geI\de~shall include all genders., ...,!'
NOTICE -THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE OR INSURE THE TITLE TO THE COAL
AND lUGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERREO TO HEREIN,AND THE
OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL
AND,IN THAT CONNECTION,DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE,BUILD-
ING OR arHER STRUCTURE ON OR IN SUCH LAND THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE,RE-
STRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED,TRANSFERRED,EXCEPTED OR
RESERVED BY THIS INSTRUMENT.
..
WITNESS the due execution hereof the day and year first above written.
.
/0."
WITNESSED BY:,
-~·_·21.2_··~Z······_········_···········~..t:a~c.~~.__.
.........................................................................................................................
"
E te or Joseph G1 egg ,.
••M ,._(SEAL)':
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...,.......7jjj.~M_M..(SEAL}·c':,...,
v.:.....··n·.·e ,(SEAL)
.:~;~:::~::::::::
EXHIBIT "D"...._--...--.
o ,.:,--"
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:=:~F~~~~~__lss.
On this,the:J~day of..Q~.t~l.Q.e.r.~_ ,19..7.0 ,before me,~N.O'~.ir.y .P.Y.\la~.,
the undersigned officer,personally appeared Oliver No Eormell,Idm.C.T.A.t Estaj~S~~h Gya."
known to me (or satisfactorily proven)to be the person whose name subscribed to the within Instrument,a~'1 /
ackhowiedged that he executed the same for the purposes therein contained.
'Ih Witness 'Whereof,I hereunto set my hand and official seal.
............::a~2:?::::..~.tz?2~_~._.__
·····..· ·J~Q.~~.r.Y.:p.Y:~.u.~\"_._.
MAR/EM M.NEIL.Notary Publfc "-
My Commission ExpiresA~lf.Ofit~IA,.oIIlASH-lNG+~.-OO"'AA.....__
My Commission expires July 14•.1973
f~~=:~~:~=:_!SS.
On this,the 29th day of Q.~;MQ.b~r._ ,19..7.0 ,before me,a.l~o.t.ary,p..U.Ql1,.,·f
the urldersigned officer,personally appeared noyd "'.J.ieff and .;llZCinne L.Neff,his wife.
known to me (or satisfactorily proven)to be the person 5 whose names subscribed to the within instrument,and
acknowl;dged,thattbey executed the same for the purposes therei contained.
••
In Witness whereof,I hereunto set my hand and official sea
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Wll.LiAM T.OV~RAND JusticCl ct the PellceMyComml'ssl'on Exp·,r'.,,,nisterial Dlstrict Nc.2 ·6....,-,"""I',._~/i -WesimorsHlna '""0\111 \'J en Q.
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COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF (ss.
RECORDED on this..................day of··A.D.19 ,in the Recorder's Office
of the said COIlflty,in VoI.,Page .
Given under my hand and the seal of the said office,the date above written.
.............................................................................................................,Recorder
./l1 ILL----
I,JOSEPH F 0 GYS:t;Gl~~·f,of FalloHf leld T01-lnship,\'!aahlngton
.(
"•
,
County,Pennsylvania,being of sound end disposing mind and memory,
bGreby make,declare and publish this to be my Last '/lil1 and Testa-
ment,revokinG all former ~Hlls by ce heretofore made:
I
1st.I direct that my just debts and funeral expenses be."promptly paid.
2nd.I give to my "life,Uabel Ann (}ysegerh,the sum of One
($1.00)DoI1E'.r,and to my son,1,~elvin Joseph Gyeegem·,the sum of
One ($1.00)Dollar.
3rd.I r,ive,devise ~nd bequeath all'of 6y property and
estate of l-lhntsoever nature and uheresoever situate,to r.1y t,.,o (2)
;
sisters,Anna Gysee;em and H3.deline Gysegem und fJy brother,George
Gysegem'1n equal One-Third (1/3)shares and pro?ortions,1f they
shall surv1ve me.If they Co not 8urviVe me,I give,devise and
bequeath my said property :?nd estate to such of ny sisters and my
brother as do survive De,-in equal shares and proportions.,
t
4th.I constitute and appo1nt my brother,George Gysegem,to
be the Executor of this ',1111.I authorize him to sell any or all
ot my real 'estate at public or private sale and to make,execute,
and deliver proper lawful dced or deeds therefor.
5th.I direct oy Executor herein named or his successor to
oontinue in all lai';ful ",nye to contest the cl.?ims of my said "life,
,"
·...4.',._~-.....-"-.~.~.....
EXHIBIT "E"(continued)
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September,1952.
.~fIfUEBS my hand and seo.l at Ch.'\rlero1,Pennr;y1van1R,th1s
,.Mabel Ann GyseGem,now pending ~(,~lnGt ffi8 or my eGt~te or any claim,•t •h.e~f4;er :riled or entored by her••~;;,..
.d~f..,
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'.....>"fU.:··.·~81sned;8ealeA end by the
l\""'"i·fe.tater published ~nd declAred
*Q be ~e Last ~al1 :-'.nd TeBt~.n8nt,.,
:ttl the presonce ot en.e!1 of us,\:ho I
,',.tll,aa..rr,eque?"ltJe~j';e ."ne:
.,~;[{/f;V;J0f-.}I~
I Charl n:"-'ol ,P(:nn:ylvania.•"P't I .,
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EXHIBIT "Ell
IN THE COURT OF COMMON PLK~S OF WASHINGTON COUNTY,
PENNSYLVANIA -ORPHANSl COURT DIVISION
IN RE:
ESTATE OF
JOSEPH F.GYSEGEM,
Deceased.
)
)
)
)
)
)
)
No.1538 of 1968
AND NOW,this
DECREE
1970,upon pre-
69-106
sentation of the within Petition in open court,and upon motion
of OLIVER N.HOR}1ELL,ESQUIRE,attorney for the petitioner,it is
ORDERED AND DECREED that Oliver N.Hormell,Administrator C.T.A.
for the Estate of Joseph F.Gysegem,deceased,enter additional
security in the amount of $;;-<700.~with the United States,
Fidelity and Guaranty Company of Baltimore,Maryland,and upon
entry of the same,the said Oliver N.Hormell,is authorized to
receive the proceeds from the private sale of the premises at
I
420 Isabella Avenue,Borough of North Charleroi,Washington
County,Pennsylvania,as more particularly described in the
petition.
-
1KnulU All.:SItn by IDqrsr Jrtstnts
ID4at Utt.····~~~~:~a~·i·y~g.~·~·~·~I{-Im~r.~~·~~~-!·sil~~··f9.:nl~~.g ~~.~.t.~L~L,flde..llt~L.~n.d _ .
all of Washington County.in the Commonwealth li pe'nnsy?vania,are hei¥i and firmly bound unto the Commonwealth of Penn-
sylvania in the sum of _.._._~.~.Y.~_~.h.Q~.~~.~.g_P..QJ..l~r.~_..-..-- --- - - _..__ _____..___.
dollars.to be paid to the said Commonwealth,to which payment well and truly to be made and done,we do and each of us
hereby doth bind ourselves,our heirs.executors and administrators,and the heirs,executors and administrators of each of us,
for and in the whole,firmly by these presents.Sealed with our seals and dated the !.§.~!?:.~day Of ~.~Y.!?~~.~.r._.
in the year of our Lord one thousand nine hundred and §.~.y.~P.:.~.y._ ___..___ .
wqt Q1nu~itinu nf Wqi1i <0b1igutinu is ~Utq
That if the within bounded ~!.!Y..~!.~..!~.Qr..~.~J·J _--- .
C.T •.A.
administrat..Q~__..of all and singular the goods.chattels and credits of _~.~..~.~P-~~.~E.¥..~_~~~~_.:_ __.
deceased,with a copy of the deceased's Will annexed.do make or cause to be made a true and perfect inventory of all and
singular the goods.chattels,and credits of the said deceased which remain unadministered,and which have or shall come to
Him A~-eTAthehands,possession.or knowledge of _.._the said._.._..~J.'-__'-._..•...._,._.._ _..-----..-..--.._._-.._-.
or into the hands and possession of any person or persons for ~~~_~d the same so made.do exhibit or cause to be
exhibited into the Register's Office,in the County of Washington.at or before the _ _.._.._day of.._.._._._.._.._._.._..__.__
next ensuing,and the same goods,chattels,and credits,and all other,the goods,chattels.and credits of the said deceased at
the time Of..._~~.~_.._...death.which remain unadministered,and which at any time after shall come to the hands or possession
of the said _.._~~..!._9._!.~.!!.!_.._..___.._ _.._.._or into the hands or possession of any other person or persons
for _~~~__do well and truly administer according to law.and the true intent and meaning of the'last Will of the
Hissaiddeceased;and further do make or cause to be made a true and just account of.._ __said administration at the
expiration of six months,and all the rest and residue of the said gIJods,chattels,and credits which shall be found remaining
upon the said administrat......._...account.the same being first examined and allowed by the Orphans'Court of the c'ounty of
Washington aforesaid,shall deliver and pay unto such person or persons respertively as the said Orphans'Court by their decree
or sentence pursuant to the true intent and meaning of PIe last Will of the said deceased,and of the Acts of the General
Assembly of this Commonwealth in such cases made and provided,shall limit and appoint,and if it shall hereafter appear that
any last Will and Testament other than the one herein mentioned was made by the said deceased.and the executor or executors
therein named do exhibit the same into the said Register's Office,making request to have it allowed and approved accordingly,
. .,Oliver N.HormellIfthesald._.._.._ _ _ -----..__- - --- - .
within bounden being thereunto required to render and deliver the said Letters of Administration,with a copy of the deceased's
Will annexed approbation of such testament being first had and made in the said Register's Office,and shall and do at all and
every time and times hereafter clearly discharge and save harmless.the Register of the said County.and all other officers from
all persons having or pretending to have and right,title.or interest from the said goods.chattels,or credits,then this obliga-
tion to be void and of none effect,or else to remain in full force and virtue.
~ealtll aUll mdiuertll in.'reStttle of
I
- I
~tattmtut nf ~urttt!
I,: _ _,surety in the sum of $on the
administration bond in the estate of ____..__~~,say that I reside at
.............................................____ ,Washington County,Pennsylvania;that I am the owner of real estate,the
title to which is in my own name and duly recorded,situated in _~_:__,
Washington County,Pennsylvania,worth above all encumbrances $;and that I am viorth the amount
expressed in said bond,over and above my just debts and liabilities.
Street P.O.
~tattmtut nf ~Urttt!
I,___,surety in the sum of $..__..__on the
administrati.on bond in the estate of ,say that I reside at
.......-_..____!_,Washington County,Pennsylvania;that I am the owner of real estate,the
title to which is in my own name and duly recorded,situated in __.._ ,
Washington County,Pennsylvania,worth above all encumbrances $;and that I ;am worth the amount
expressed in said bond,over and above my just debts and liabilities.
Street P.O.
COMMONWEALTH OF PENNSYLVANIA,}SS:WASHINGTON COUNTY,
And nOw 19 ,comes :_ _.
who being duly sworn,says that he is acquainted wi~h the financial standing of the sureties to the within bond;that the
said obligors have each executed the said bond and that the sureties thereto are the owners of real estate in their own right of
value more than the penal sum of said bond over and above all incumbrances and exemptions.
Sworn and subscribed before this .
day of A.D.19 .
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IN THE COURT OF COMMON
PLEAS OF WASHINGTON CO.PA.
ORPHANS'COURT DIVISION
~-:-~-G;f ~/.5-31
IN RE:
ESTATE OF JOSEPH
F.GYSEGEM,deceased.
PETITION OF ADMINISTRATOR
C.T.A .•FOR DISCHARGE FROM
Dgf:IlfS AND OBLIGATIONS and
"II".,,,ORDER
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dHO~MELL.TEMPEST,SIMMONSc;i BIGI &MELENYZER
~ATTORNEYS AT LAW
423 THIRD STREET
CAL~F~6~rYtXN1A
\
,
69-106
•..
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY..
PENNSYLVANIA -ORPHANS'COURT DIVISION
IN RE:
ESTATE OF JOSEPH
F.GYSEGEM,deceased.
PETITION OF ADMINISTRATOR C.T.A...FOR DISCHARGE
FROM DUTIES AND OBLIGATIONS
The Petition of OLIVER N.HORMELL..ESQUIRE,Administrator
C.T.A.,for the Estate of Joseph F.Gysegem,deceased,respectfully
represents:
1.On August 5,1969,your petitioner was qualified and issued letters
of administration C.T.A.by the Honorable Russell Marino,Register of Wills
of Washington County,Pennsylvania,in the Estate of Joseph F.Gysegem,
deceased.
2.Upon appointment as Administrator C.T.A.,your petitioner entered
upon his duties as a fiduciary,advertised the estate,filed an inventory and
proceeded to further adm inister the estate.Attached hereto,marked Exhibit
'IA'I ..and made a part hereof is a copy of the inv~ntory filed by your adminis...
trator with the Register of Wills.
3.In the process of the administration of the estate,your petitioner
petitioned your Honorable Court at No.1538 of 1968,for the Court to fix bond
for.the sale of real estate under the provisions of Section 541 of the Fiduciar)'s
Act of 1949,and on November 16,1970,after due notice to all of the parties,
your Honorable Court fixed said bond,which was entered by your petitioner,
and your petitioner thereupon proceeded with a sale of the property located in
the Borough of North Charleroi,Washington County,Pennsylvania,as specific lly
J'
-1-
I
"'
set forth in the inventory.The proceeds from said sale were converted into
cash and all accounted for in Exhibit "BII•Attached hereto,made a part hereof,
and marked Exhibit "Bu is an accounting of all property and /or assets received
by your petitioner together with an accounting for all expenditures made since
his appointment as administrator C.T.A.,in this estate.
4.D.Keith Melenyzer,Esquire,and Paul A.Simmons,Esquire,
represent certain heirs in the above captioned estate;and Howard F.Carson,
Esquire,represents other heirs in the estate.The interest of the clients whic
Mr.Melenyzer and Mr.Simmons represent,and the interest of the client re-
presented by Mr.Carson,are in conflict with each other,and are the subject
of litigation before your Honorable Court and before the Civil Division of the
Court of Common Pleas of Washington County,Pennsylvania.
5.On January 1,1971,your petitioner entered into a partnership for
the practice of law with Clyde 'G.'Jemp,est,Esquire,Paul A.Simmons,Esqui e,
Herman J.Bigi,Esquire,and D.Keith Melenyzer,Esquire,and your petition I'
raised to both sides of the contraversy the issue of the propriety of him acting
as a fiduciary in view of the fact that he was a partner with the aforementioned
gentlemen and attorneys at law.
6.On October 29,1969,your petitioner received from Howard F.
Carson,Esquire,a letter claiming that your petitioner should defend as fidu-
ciary the claims against the estate by the clients of Paul A.Simmons,Esquire,
and D.Keith Melenyzer,Esquire.Attached hereto,made a part hereof,and
marked Exhibit liCit is a copy of said letter.
7.On December 23,1970,Howard F.Carson,Esquire,sent a letter
to your petitioner wherein he referred to obvious conflicts of interest which
would be grounds for settl:i:rig a case and a conflict between the parties.Attache
hereto,made a part hereof and marked Exhibit PlDIl is a copy of said letter.
-2-
8.On May 18,1971,Howard F.Carson,Esquire,sent a letter to you
petitioner wherein he requested that I would prevail upon my partners to see
if I could settle this matter.Attached hereto,made a part hereof and marked
Exhibit "E"is a copy bfsaid letter,."
9.On June 14,1971,D.Keith Melenyzer,Esquire,and Paul A.
Simmons,Esquire,after being advised of the above,sent a letter to your
petitioner requesting that he petition your Honorable Courttti withdraw as
fiduciary because of conflict of interest obviously arising due to the formation
of the partnership recited aforesaid.Attached hereto,made a part hereof and
marked Exhibit "Fu is a copy of said letter.
10.On June 17,1971,Howard F.Carson,Esquire,wrote a letter to
your petitioner after having been notified of these complications,and advised
me that it was the desire of his client that your petitioner would remain as the
administrator C.T.A.of the Estate of Joseph F.Gysegem.Attached hereto,
made a part hereof and marked Exhibit llG"is a copy of said letter.
11.Subsequent to the above events,your petitioner was served with a
Complaint In Confession Of JUdgment,Mathew Blasick and Marie G.Blasick,
his wife,vs.Oliver N.Hormell,personal representative of the Estate of
Joseph F.Gysegem,In The Court Of Common Pleas of Westmoreland County,
Pennsylvania,Civil Division,at No.10 April Term,1971,which was based
upon an obligation of a demand note issued on February 20,1953,and being
made a part of the record in Westmoreland County.Attached hereto,made a
part hereof and marked Exhibit "H"is a copy of said Complaint and said Note.
12.Subsequent to being served with the Complaint aforesaid,your
petitioner made contact with the attorney for the plaintiff,and obtained exten-
sions of time to answer the Complaint pending a discussion of the matter with
counsel for both sides involved in the case.The latest contact made was on
October 4,1971,when your petitioner was granted by Jack R.Spar acino,
-3-
,'
Esquire,additional time to answer the matter until November 1,1971,at whic
time he then indicated he would file for a default judgment in the case.
13.Your petitioner,aft'erexamining the law:,and all of the facts of the
case,is of the opinion that the judgment note above referred to in the amount
of $7,000.00 with interest of $350.00,or a total of $7,350.00 was in excess of
the value of the real estate in Westmoreland County,Pennsylvania,which has
been inventoried at a value of $5,500.00,and notified both attorneys for both
sides that your petitioner was going to take the position that the obligation was
a valid obligation,in excess of the assets of the estate in Westmoreland County
against which it was a lien,but was advised that Howard F.Carson,Esquire,
considered it the obligation of the fiduciary to defend this matter from the asset
of the estate;and the petitioner was advised by D.Keith Melenyzer,Esquire,
and Paul A.Simmons,Esquire,that they felt for the fiduciary to do such a
thing would be contrary to the best interests of the estate and their client,and
therefore objected to .the same.
14.The relative positions of D.Keith Melenyzer,Esquire,and Paul
A.Simmons,Esquire,and Howard F.Carson,Esquire,as recited above had
in the opinion of your petitioner made it impossible for him to exercise the
duties of a fiduciary in an impartial manner with the full and complete confiden e
of all parties involved in the matter who,when your petiti oner was originally
appointed,had agreed to the appointment of your petitioner as an impartial
person.
15.Attached hereto,made a part hereof and marked Exhibit IIIH is a
summarization of the work and effort done by your petitioner in the settlement
of this estate from the time of his appointment as administrator C.T.A.up to
and including the present time.Your petitioner to date has not received any
fees for his services either as a fiduciary or as the attorney for the estate.
-4-
...
I •
16.Copies of this Petition have been served on all parties of record
representing all of the heirs.and in addition thereto,a copy of this Petition
has been served on Jack R.Sparacino.·Esquir.e,of the Bar of Westmoreland
County.who has exhibited professional courtesy in this matter and has been a
gentlemen in every respect.Mr.Sparacino has graciously consented to con-
tinue the matter and not to take default judgment until the Court has had an
opportunity to consider this petition and make an Order with respect thereto.
WHEREFORE"your petitioner respectfully prays that your Honorable
Cour!t discharge him from all duties and obligations as Administrator C.T.A.
of the Estate of Joseph F.Gysegem,deceased,and that your Honorable Court
award a reasonable sum to your petitioner for services rendered to date,and
appoint a successor for him.
.---......
~a~(se 1)
-5-
I •
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
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SS:
,
Before me a N'>tary Public,the undersigned authority,in and for the
County and Commonwealth aforesaid,personally appeared OLIVER N.
HORMELL,Esquire,who,being duly sworn according to law,deposes and
says that the facts set forth in t he foregoing Petition Of Administrator C.T.A.
For Discharge From Duties And Obligations are true and correct to the best of
his knowledge,information and belie~C)j'
Sworn and subscribed to before me,a Notary Public,this ----
d f
October 1971ay0,.---------
My Commission Expires:
l\'N~A S.WAV.!\N
!Notary 3'ublic.~tlikr:\jc.¥.........!-.in..,.!1I!D co.
~y Co.mmisJiilln 6l{jirai~.e 16.19l5
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iEx-rrutnr (@r .A~£tlitrutnr.,
~tute of 'enn.ayittutttu }
<!tounty of 1IlIIu.a4tngton .a.a:
Personally before me,the undersigned authority,a N9~~~..~U~.in and for said
County and State,appeared ..__.Q~J.W_!LN.JI.ORMELL ..__..who,bein~duly
sworn according to law,deposes and says that he is the executor or administratoIf ~·t1l.~~-
tate of ~~_~~'p'~..;f..~..9y~_~g~~_deceased,that the foregoing schedules constitute a
complete inventory and appraisement of the real and personal estate of .O!T~~~.p."'t~.~.gy~~g~m__,
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
d
iu't7::::a~~:::c::,::hlf9~:e~::e;~e~bOJv~::...~mm~trato ....~.~..~.....
....MARfEI ·.NEiCNo ·p..·lic .Execut;;KAdministrator C.T.A.
'.•:"':'CAtlf R A';WASH NG'T~:;~"'"''''''''''''''''''''''''''''
·..~·My Commisslbn expires July 14,.1973 ADDITIONAL INSTRUCTIONS
I •':,•~•
1.An inventory must be filed within three months after appointment of perso~al representative.
2..'A supplemental inventory must be filed within thirty days of discovery of additional assets.
3.1 Original and 2 Copies and 2 RCRI-34,Under $10,000;1 Original and 2 Copies and 2 RCRI-33,
Over $10,000,including Copy of Will;1 Original and 3 Copies and 2 RCRI-33,Over $50,000,in-
cluding Copy of Will and copy of Federal Estate Tax Return.
REFERENCE FOR ADDITIONAL COpy
Act of 1947 P.L.513 Sec.5.2,72 P.S.4844.2
3Jnttentory a.w .Apprat.aement .of the goods and chattels,rights and credits which
were of J.OS'~Pa..F aYS~G.:EM .late of Fallo.wfie.ld..Towns.hip;~..
Washington County,Pa.,taken and made in conformity with the above affidavit.
REALTY
DOLLARS CENTS
I.Lot No.1501.22 X 100.in the City of Monessen...
Westmoreland County.Pennsylvania.upon which there is erected
a two story frame house.For chain of title see Deed Book Volume
1180.Page 535.
,I Part of Lot No.9.Block 8,Plan of North Charleroi Land
Company.in the Borough of North Charleroi,Washington County.
Pennsylvania,upon which there is erected a two story frame
house.For chain of title see Deed Book Volume 604.Page.202.
.PERSONALTY
.Checking Account No.294-6967,Mellon National Bank and
Trust Company,Charleroi Office.Joseph Gpsegem
"'"~...
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5.800.00
436.92
11.736.92
EXHIBIT "A"
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I •
ACCOUNTING
•
Account of OLIVER N.HORMELL,Esquire,Administrator c.t.a.,of
the Estate of Joseph F.Gysegem,deceased,late of Fallowfield Township,
Washington County,Pennsylvania.
THE ACCOUNTANT IS CHARGED AS FOLLOWS:
1.Inventory as filed on June 22,1970
2.Rents collected prior to appointment of Oliver N.
Hormell,as Administrator c.t.a.,transferred
to Oliver N.Hormell,and deposited in the
Estate account on August 25,1969
3.Rents and water payments collected by Oliver N.
Hormell to October,1971,inclusive
4.Conversion of assets:
$11,736.92
$1,278.00
$2,971.96
North Charleroi real estate,consideration
Costs deducted by closing attorney:
Recording release $9.00
1%transfer tax $58.00
Pro-rata share of 1971 taxes $29.10
$96.10
(Other costs shown in disbursements)
Inventory value of real estate
Loss through conversion
5.Klar Price (Hand money for real estate;
later refunded -see disbursement)
$5,800.00
$96.10
$5,703.90
$5,800.00
.:,.$96.10 - $
$
96.10
100.00
6.Insurance refund on Charleroi real estate sold $14.00
Total Assets
Disbursements
Balance
Balance consists of:
Real estate -Monessen
WPNB checking account
WPNB savings account
Balance
-1-
$16,004.78
$2,307.35
$13,697.43
$5,500.00
$2,972.53
$5,224.90
$13,697.43
$16,004.78
EX HI BIT 11 B 11
1969
August 7
August 12
October 8
October 8
October 10
October 13
October 14
Washington County Reports
Authority of Borougr of Charleroi
Monessen Realty Corporation
Monessen Realty Corporation
E.J.Buckl ey Insurance Agency
Malcolm L.Morgan.Co.Treas.
John J.Spielman.Collector
John J.Spielman.Collector
John J.Spielman.Collector
Monessen Realty Corporation
Dorothy B.Sowden.Tax Collector
estate advertising
water service.Monessen
property
Monessen property,fire
insurance coverage
Charleroi property,fire
insurance coverage
administrator's bond
1969 county tax-Charleroi
property
1969 school tax,Monessen
property
1969 city tax,Monessen
1969 -county tax Monessen
property
appraisal fee
1969 school and borough taxes
Charleroi property
14.00
5.50
35.00
35.00
10.00
41.78
138.00
72.45
28.35
70.00
141.37
November 12 Authority of Borough of Charleroi
November 12 W.F.Caruthers.Esq.
Monessen -water service
legal services to estate
5.50
10.50
December2 Valley Independent
D.Keith Melenyzer,Esq.
estate advertising
reimbursement for letters
c.t.a.&2 short certificates
10.75
15.00
1970
February 6
May 15
June 12
June 22
June 30
July 6.
Authority of Borough of Charleroi
Authcri.ty of Borough of Charleroi
Western Pa.National Bank
Jphn J.Speilman,Tax Collector
Russell Marino,Reg.of Wills
Khlar Price
Bob A.Franks,Prothonotary
water service -Monessen
water service -Monessen
charge .for checks
1970 county tax,Monessen
filing inventory
refund of handmoney
filing answer of adm.a.t.a
to petition for non pros for
delay in prosecuting claim
for widow
5.50
5.50
2.09
33.52
3.00
100.00
2.90
-2-
EXHIBIT liB"
1970
July 10
July 31
August 6
August 10
August 14
Sept.30
October 27
November 6
alcolm L.Morgan,Co.Treas.
Dorothy B.Sowden,Tax <Dllector
ohn J.Spielman,Tax Collector
,uthority of Borough of Charleroi
oseph Sitte~realtor
Howard F.Carson~Esq.
Charles M.Penwick~realtor
ary Jane Dreyer
MonValley Sewage Authority
ary Jane Dreyer
uthority of Borough of Charleroi
1970 ~county taxes,Charleroi
1970,school and borough taxes
Charleroi property
1970,school tax,Monessen
water service -Monessen
appraisal,Charleroi property
reimbursement for filing
election to take against will
Charleroi property-appraisal
transcript of hearing on motion
for non pros
Monessen property-sewage
Copy of transcript of hearing
on motion for non pros
Monessen -water service
36.08
138.54
148.76
5.50
35.00
11.00
40.00
16.10
5.15
9.45
5.50
November 24 Russell Marino~Reg.of Wills
Mon Valley Sewage Authority
1971
February 25 MonValley Sewage Authority
March 8 uthority of Borough of Charleroi
Collector
lfieri Realty
Oliver N.Hormell,Esquire
John J.Spielman,Collector
Filing petition to sell real
estate
Monessen,sewage service
Monessen,sewage service
water service,Charleroi
1971,city tax~Monessen
commission on real estate
sold
attorney fees on real estate
sold
1970 city tax,Monessen
10.00
14.70
14.70
6.30
81.14
348.00
121.00
86.94
May 14
May 17
June 1
June 2
August 2
Authority of Borough of Charleroi
Mon Valley Sewage Authority
A.H.Ritzer
John J.Speilman,Collector
Authority of Borough of Charleroi
Monessen,water service
Monessen,sewage service
roof repairs,Monessen
1971,county tax,Monessen
water service,Monessen
-3-
5.50
14.70
50.00
33.52
5.50
EXHIBIT lIB"
,
1971
August 3,
August 16
Sept.15
October 8
October 8
Buckley Insuran ce Agency
MonValley Sewage Authority
John J.Speilman,Collector
Dr.Ralph Garofalo
Brownsville General Hospital
Adm.bond premium
sewage service,Monessen
1971,schooltax,Monessen
services rendered decedent
blood -service charge
40.00
14.70
148.76
51.00
25.00
$2,307.35
-4-
EXHIBIT 11 Btl
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'OCT ~~1969
OLIV~N.HORMELL,ATTY.
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Oliver N.Hormell,Esquire
Box 637.
California,Pennsylvania
tl/~~J~
OCtober 28,1969,
In re:Estate of Joseph F.Gysegem,Deceased',.:;
Dear Mr.'Hormell:
In so far as your converting the assets of this estate,from the
results of your investigation,as shown by the enclosures of your
letter,I believe you should sell the same by no later then the Spring
of 1970.I say this because I am well aware of the fact that now is,
not the best time of the year in which to sell real estate.I will
advise my client of ,this position.
In reply to your letter of October 21,1969,please be advised that,
while I will be glad to meet with you and Messers Simmons and Melen-
yzer to discuss the manner in which to administer this Estate in so
far as defending and prosecuting the rights of Mabel A.Gysegem are
concerned,for,as yo~can well understand by now,it is our position
that the claims of George Gysegem and his 'late sister,Anna,and his
sister,Marie,should be defended against as being a fraud upon the
rights of Mrs~Gysegem.
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Very truly yours,
Howard F.carson-
HFC/cr ~
I.cc:Paul Simmons,Esquire
Keith Melenyzer,Esquire
Mabel A.Gy~egem
EXHIBIT ,,_Ite
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Gentlemen:
Decem!Jer ·23,1970
.Inre:Gysegem vs 0 Gysegem
:Horniell,·Tempest,Simmons,Bigi &Melenyzer
Attoineysat Law
,
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I'hardly know who to send the accompanying letter to,.for
in l:i,.ght of your new law firm,I can't tell who is on·my
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grounds for s~ttling the case.
ps:Recognizing his senior status,I am sending the original
,.~f •'.
and t wish ,y.ou the best of luck.in 1:;>eati,.ng old man ov~rhead.
Seriou~·ly,I congratulate the five young fell~~!Lo.f..Y51~Jc.-·
s{~e;~erhaps your obvious conflicts of interest'will be
.'-.~'.
.•:-/;";1{'-#Sincexely yours ,:-{
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Howard F •.Carson
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of.this letter to Oliver,with copies to the remaing three;
it is a shame that Herman did not matiage to be involved in I'
r ..
the'Gysegem Estate which so obviously·motivated your new firm.
DEC 24:1970
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OLIVER N!HORMELL,AnY.
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EXHIBIT liD'!
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May 1"8,1971
Oliver N.Hormell,Esq.
Attorney at Law
423 Third Street
California,Pennsylvania
In Re:Gysegem Estate
Dear Oliver:
\~EceEliVE\D)
~AY 1~\97\
r.l HoRMElJ..AnY.OL\V~I"~•
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As you will recall,when the Exceptions to Judge McCune's
Opinion were argued,Judge DiSalle suggested that either the
counsel for both parties enter into a Stipulation or the
Court would hear the argument in full at a later date.I
promptly suggested to Keith and to Paul that they prepare
the first draft of the Stipulation.They agreed to prepare
such draft,but,to date,I have never received it.
I am calling this matter to ~ur attention to remind you of
these circumstances,for I orally advised you of them several
weeks ago.See if you can influence your junior partners in
this matter.
I am this date writing to Mrs.Gysegem concerning your remain-
ing in the picture as Administrator,with a recommendation that
she ratify my statement to you that I had no objection.As
soon as I hear from her I will be in touch with you.
Sincerely yours,
J}~/r~
Howard F.Carson
HFC/llr
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EXHIBIT "E"
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JUN.1 0 197J .
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GUVER N.HORMELL,AnVJ
ES'fA'!E or JamPH OYSEO!II
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HORMELL,TEMPEST,SIMMONS,BIGI'&MELENYZER
ATTORNEYS AT LAW
June 14,1971OLIVERN.HORMELL
425 THIRD STREET
CALIFORNIA.PA.115419
St5S·S970
HERMAN oJ.Bleil.
521 FALLOWFIELD AVENUB '
CHARLEROI.PA.1150aa
.4Sa·S15le
CLYDE G.TEMPEST
PAUL A.SIMMONS
SECOND Ilk CHESS STREETS
MONONGAHELA.PA.15063
215S-S202
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D.KEITH IIIIII:LENYZBR
411 WASHINGTON AVENUI!:
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O1iTItr H.H0l'lll811
423 Third Street
Califomia,Pennsylvania 15b19
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Dear Mr.Rormell:
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As attomeJ'S for George Gysegelll,va respectfUlly request
that you terminate your administration of the Estate of Joseph
Gysege..The reason for thie request is because of 8 recent
letter,written by Howard Carson as attomey for Mabel G18egem
dated May 19J 1971,wherein he had indicated that he would
have to recheck with Mrs.GyeegeJll to verifY that.sbe had no
objection to your continuing a8 Administrator.
-In addition,Mr.Simmons and lITself f~e1 that your with-
drawal at this tiJlle teminates any possiBility of a future
objection to a conflict of interest becanse of our forming a
partnership on January 1,1911.
Very truly 1&urs,
Dnt:as
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D.Keith Me1enyzer ./~
Pa u1 A.Simnlons
cc;Howard Carson
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EXHIBIT 11 F"
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June 17,1971
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Oliver N~Hormell,Esq.
Attorney at Law
423 Third Street '
California,Pennsylvania
JUN 18 1971
QllVER ...HORMELJ..ATrY.
In Re:Estate of Joseph Gysegem
Dear Mr.Hormell:
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Due to various circumstances,including my being out of town
last week,I was not able to have a personal interview with
Mrs.Mabel Gysegem until June 16,1971.I am,pleased to inform
you that ffie authorized me to send you this written authority
for you to remain in the picture as Administrator of the Estate
of Joseph Gysegem.
I have received a carbon copy of the letter to you from Messrs.
Simmons and Melenyzer and I must object to your withdrawal at
this time because you are by now well acquainted with the many
ramifications involved in the settlement 'of this estate.To
bring in a new Administrator at this time would be a needless
waste of time and duplication of fees.Considering the fact
that Mrs.Gysegem has authorized me to send you this letter,
there is no reason for you to be concerned about the conflict
of interest as·a liability factor.(On a personal note,I am
sure that should any matter arise which you believe to place
you in a conflict of interest position,you will call the
particular matter to the attention of all counsel involved,
and,surely,out of courtesy to our fellow officers of the Bar,
I feel sure that we would be able to resolve such matters.If
I did not have such high regard for your personal integrity I
would not have prevailed upon my client to authorize me to send
this letter.)
Very truly yours,
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Howard F.Carson'
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EXHIBIT 11 Gil
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IN THE COURT OF COMMON PLEAS OF
Weltmoreland County,Pennsylvania
CIVIL DIVISION
No.!~f}__!l-e-'fL~Term,19-7-1
JP)if...';((.""'J'··:.!.\("L£d\l'I.~i If "\J/-jL:Ji"'"~.!d..b4 JJ."if JrJA I'r'~JLI)~
PLAlNTlFF
versus
OLIVER N.HORMELL,personal
representative of the Estate
of JOSEPH GYSEGEM DEFENDANT
MATHEW BLAS ICK and MARIE G.
BLASICK,his wife
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COMPLAINT IN CONFESSION OF JUDGMENT ••.Ii N.uosmt:LL,Any
1.(a)The Plaintiff(s)and the last kdown address(es)thereof are:MATHEW BLAS ~CK and MARIE.G.
BLASICK,his wife:444 Isabella Avenue,North Charlero~,pennsylvan~a
OLIVER N.HORMELL,Personal,R~pl8~J>tit.e.f~1~~)&¥~~ast~l~'tnea~FsJo~iMfeawEGEM,423 Third street,
California,Pennsylvania .
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2.true and correct reproduction of the original instrument,being
a photostatic copy'or like reproduction showing signature(s)of the defendant(s»is attached
hereto,marked as Exhibit "A,"and is fully incorporated herein by reference thereto.
(b)If neither of the above is available,state the reasons:
3.There has been no assignment or transfer of the instrument,(~).
<,4.2~g~ci~t o/Jt¥R!bf~~nto~eg .~.the instrument in any jurisdiction,(except as follows:)-
618 April Term,li66 -Entered June 7,1966 -$7,000.00
5.The Plaintiff(s)averts):*(a)The instrument authorizes the entry of Ju~g~~.I!t__~~~~Lc!!!i~ult
thereon or the occurrence of a condition precedent;or,(l1f~~
7,000.00
$----------
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6.The itemization of the amount due is as follows:
*(Principal)*(~Sum
Other authorized items (specify):
---------------------------------------------$----------
**Interest $----3"50-:\)0
**Attorney fees ,_
.7,350.00Total~------------------$~-
Wherefore,the Plaintiff(s)demand(s)judgment against'the Defendant(s)in the total sum of
$__~..!_~~9_·_~~as authorized by the Warrant contained in the instrument.
Attorney for Plaintiff
AFFIDAVIT
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WESTMORELAND
}55:PERSONALLY BEFP..MH.,B:tlAsJalll~JlIiIde41ARIE G.
authority,appeared BIASICK,-111e w~fe
who being dUI~~~f~f.~o~iP.I.~e£ms above
and says thatnamea
•'I~.·I t;.arie G.Blas,iok
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If /Mathew Blas iclt
and that the averments contained in the foregoing Complaint are true and correct upon affiant's
personal knowledge as to a part and upon information and belief as to the remainder;and certifies
.that the addresses set forth in Paragraph One thereof are the respective precise residence address(es)
of the Plaintiff(s)and the last known address(es)of the Defendant(s).
MATBID'1 BLASICK
SUBSCRIBED AND SWORN TO before me,this
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--~-~---~------~--~-------~----~---M~Commission Expires:
"·STRIKE OUT INAPPLICABLE PORTIONS~.··INTEREST AND ATTORNEY FEES MAY BE INCLUDED ONLY IF AUTHORIZED BY THE WARRANT,'"'EXHIBIT'rIH '".,~!:---"-...-~~-:-----------------------.~;;j'_.,:_~---._:AtI....'-":.Ii~-,
~IN THE COURT OF COMMON PLEAS OF r
W.stmoreland County,PennsylYinie
CIVIL DIVISION
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..No.I/.!:'-flr~!l~!::=Term,19_~2J
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We hzr·::by c~-:·'~,:.fjl t.h:\~the wltMn
is a t.l-::-:::~~~,_,,::':'.'':~r.;:~y (.t't1Hl
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MATHEW BLASICK and ~~RIE(G.
BLASICK,his wife
PLAINTIFF
versus
OLIVER N.HO~lELL,Personal
Representative of the Estate
of JOfEPH GYSEGEM,
DEFENDANT
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the Warrant of Attorney,the
original or a copy of which is attached to the complaint filed in this action,
I appear for the Defendant(s)and confess judgment in favor of the Plaintiff(s)
and against Defendant(s)as follows:
.(Principal).(~Sum $_~~_~~9_·_~0
Other authorized items (specify):
-----------------------------------------,----------
··Interest ,----3s'ff:60
··Attorney fees '-7~"1'5U";OOTotal,----------::c
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,Y /'E-i..J~:.LJLiL_A:.._)~t3£J)J!.II(/J ;r;
Attorney for Defendant
Pro Hac Vice
0 01._",
Dated:,19 _
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Complaint and Confession of Judgment
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By;s/ff.!e,(t .J P/),{'t)(J·/.I',A).,
Attorney lor '1 ,':'..'',~..,'oLe
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s/Jack R.foaracino-- -..---_.-----_..---------_.-- -------------
Plaintiff's Attorney
'STRIKE OUT INAPPLICABLE PORTIONS
"INTEREST AND ATTORNEY FEES MAY BE INCLUl>EO ONLY IF AUTHORIZED BY THE
WARRANT.
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CHARLERQ~.:P~.~,,February ~?t.h'i9~
,_~=....!.:.:..:_~_._AFTER DATE I,WE,QR EITHER OF'US PROMISE TO PAY TO
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THE ORDERof NatrJ.,~'''J?1.~s1ck and 1~ar1e G.Blas1ck ...hie ~w:....:1=..:f~erl•~---:-_AT
FBt~ST NATIONAL BANI<;CH'ARLEROr
~~ven Thous,and (~?,ooo.o~)- - - - - -and - - - -no/lOa DOLLARS
FOR VALUE RECEIVED,WITHOUT 'DEFALCATION,EXEMPTION OR STAY OF EXECUTION "100 '
And further",I.,,,.do hereby empower 9ny Attorney of any Court of Record within the United States to apPf'ar for,,~e,..,and confess judgment,against ,.•••,.me....for the above sum,,with eostsof suit an'd Attorney's eommission'of
five per cent {or collection,and release,of all eL'rors and without sUiy of execution,and inquisition upon any let)'on real
cstnte is hcrebywaivedj and condemnation agreed to,and the exemption of personal property from levy ~d sale on any ex·
e~ution hereon is also hereby expressly waived,and no benefit of exemption 19,be'claimed un~r anel b)'virtue ~f any
elo:emption law now in force or which rna)'hereafter be puae4-'Iiith interest.at5jb."':i 'I '..'' ,'.',-'",..,(SEAL)AJ),~!l_E.-sS :Cha.rle'rol,Pa.'R.'D.'~....:'~~KZ,1Y'74-e~err/Z/'(SEA~)
DUE ~J7 ' "/'/'~"",(SEAL)NO._
$_7,000.00
On Demand
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EXH.IBIT
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1969
August 5
August 6
August 7
August 19
August 22
October 7
October 21
October 27
November 5
November 1
SUMMARIZATION OF WORK PERFORMED
Oliver N.Hormell,Esquire appointed Administrator c.t.a.of the Estate of
Joseph F.Gysegem,deceased
Valley Independent,letter and notice,advertising estate
Washington County Reports,letter and notice,advertising estate
Melvin Joseph Gysegem,letter,notification of appointment,request for
assets and/or expenses due and payable
George Gysegem,letter,notificatimpf appointment,request for assets and/or
expenses due and payable
Anna Gysegem,letter,notification of appointment,request for assets and/or
expenses due and payable
Madeline Gysegem,letter,notification of appointment,request for assets and/
or expenses due and payable
Mabel A.Gysegem,letter,notification of appointment,request for assets and
or expenses due and payable
D.Keith Melenyzer,·Esq.,letter,notification of appointment,cc letters
Paul A.Simmons,Esq.letter,notification of appointment,cc letters
Howard F.Carson,Esq.letter,notification of appointment,cc letters
D.Keith Melenyzer,Esq.letter requesting statement of costs advanced
Howard F.Carson,Esq.letter requesting statement of costs advanced
Mellon National Bank~notification of appointment,request to close out accoun
and enclose short certificate.
Mabel A.Gysegem,acknowledge of her letter and cc George's letter
George Gysegem,letter,notification to contact his attorney and copy of
Mabel's letter which listed assets
Monessen Realty Corporation,letter,check for insurance coverage and possib
appraisal
Howard F.Carson,Esq.acknowledge receipt of letter October 14 of election 0
Mabel Gysegem to take against will -enclosure of 2 appraisals
Preparation of Agreement to sell real estate to Khlar Price et ux.
Khlar Price et ux.,letter and 2 copies of agreement to sell real estate,with
instructions on procedure
William F.Caruthers,Esq.letter sending check for obtaining copy 0 f deed
for Monessen property
-1-
EXHIBIT "1"
1969
Decembe.r_2
1970
January 5
May 15
June 22
June 28
June 30
-------------------.-----,
D.Keith Melenyzer,Esq.,letter and check for costs advanced estate
Valley Independent,check for advertising estate and request for proofs
Preparation of Petition to fix amount of bond for sale of real estate to Khlar
Price et ux.,order and exhibits
Mellon National Bank,letter with short certificate and notification of
$436.92 withdrawal
PrepaTation of and filing of inventory and HCC-33
Preparation of Answer of Adm.c. t.a.to petition for non pros
Howard F.Carson,Esq.,letter and copy of Answer of Administrator c.t.a.
to Petition for non pros for delay in prosecuting claim
D.Keith Melenyzer,Esq.,letter and copy of Answer of Administrator c.t.a.
to petition for non pros for delay in prosecuting claim
Paul A.Simmons,Esq.,letter and copy of Answer of Administrator c.t.a.
to petition for non pros for delay in prosecuting claim
Khlar Price et ux.,letter and return of $100.00,down payment on proposed
sale of real estate
July 6 Presentation of Answer of Administrator c.t.a.to Petition for Non Pros for
Delay in Prosecuting Claim;and New Matter
July 29 Alfieri Healty,letter return of listing cards for rental/sale of Charleroi
property,and arrange for appraisals,Price moved
July 31 D.Keith Melenyzer,Esq.,.letter on Hearing on Hule,loss of tenant,realtor
to collect rent and sell property
August 10 Howard F.Carson,Esq.,letter,costs advanced on estate
September 4 Hearing before Judge McCune on Motion For Non Pros
September 2 Hearing before Judge McCune on Motion For Non Pros
October 14 Howard F.Carson,Esq.,letter,notification of buyer found,sale of North
Charleroi property and proposals of handling sale
D.Keith Melenyzer,Esq.letter,notification of buyer found,sale of North
Charleroi property and proposals of handling sale
Alfieri Healty,letter,copies of agreement,appraisers'affidavits with
instructions
November Paul A.Simmons,Esq.letter,notification of intention to present Petition to
fix amount of bond to sell North Charleroi property,enclosures
D.Keith Melenyzer,Esq.letter,notification of intention to present Petition to
fix amount of bond to sell North Charleroi property,enclosure
-2-
EXHIBIT Ill"
1970
November 5
4'
Howard F.Carson.Esq••letter,notification of intention to present Petition to
fix amount of bond to sell North Charleroi property,enclosure
Alfieri Realty.letter,acknowledgement of receipt of agreement,check
$500.00 and corrections on agreement
Preparation of Petition to fix amount of bond to sell North Charleroi property
to Neff with exhibits
November 16 Presentation of Petition to fix amount of bond to sell North Charleroi property
to Neff
November 25 Preparation of deed.buyers settlement sheet.sellers settlement sheets
Preparation of Release From Judgment Lien,George and Anna Gysegem vs
Joseph Gysegem
Preparation of Release From Judgment Lien,Commonwealth of Pa••ex reI••
Mabel A.Gysegem vs Joseph Gysegem
Charleroi Federal Savings and Loan Assn.,letter,enclosures deed,tax
receipts,instructions on consideration
1971
January 5
January8
February 3
Lloyd W.Woodward,Esq.,letter.notification of 2 judgments on North CharIer i
property,possible postponements of judgments,escrow fund.5 ccs
Howard F.Carson,Esq••letter.acknowledgment of receipt of election,
motion and exceptions.position of impartial administrator
Howard F.Carson,Esq.,letter,Release From Judgment Lien and instructions
for execution,cc
Melvin B.Bassi,Esq.,letter,cc letter,cc releases and notification of
changes
D.Keith Melenyzer.Esq.,letter,Release From Judgment Lien and instruction
February 4 Howard F.Carson.Esq••letter.request for changes in Release
February 5 D.Keith Melenyzer.Esq.•letter.request for changes in Release
February 19 Melvin B.Bassi.Esq.,letter,with recorded deed
March 8 Alfieri Realty.letter,transaction completed,check for commission
Monessen Realty,letter.cancellation of insurance policy and request for
unused premium
April 20 Howard F.Carson,Esq.letter,receipt of Complaint In A ssumpsit from Atty
Sparacino,ID intention of contest and reasons
D.Keith Melenyzer,Esq.letter,receipt of Complaint In Assumpsit from A tty
Sparacino,no intention of contest and reasons
Jack R.Sparacino.Esq.,receipt of Complaint In A ssumpsit.request for
additional time to answer.reason for request,estate assets
-3-
EX HI BIT " I II
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1971
April 27
June 3
June 10
October 1
October 4
Howard F.Carson,Esq.,confirming telephone conversation and reasons for
position taken on Complaint
A.H.Hitzer,letter with check $50.00,services and material for roof repairs
DKeith Melenyzer,Esq.letter with copy of Carson letter,all counsel to enter
into Stipulation or later argument
Howard F.Carson,Esq.letter,determination of Mabel A.Gysegem of Oliver
N.Hormell remaining as administrator
Treasury Department,certification of no bonds in estate assets
Jack H.Spa racino,Esq.,notification of preparation of petition for discharge
of administrator
Collection of monthly rentals from Algust 5,1969,to October 18,1971 and
issuance of individual receipts
Deposits of monthly rentals
Payment of all bills
Telephone consultations,conferences,etc.
-4-
EXHIBIT ''Ill
•.,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA -ORPHANS'COURT DIVISION
IN RE:
ESTATE OF JOSEPH
F.GYSEGEM,deceased.
)
)
)
)
)
ORDER
AND NOW,~,17.1971,upon consideration of the within
Petition of Administrator C.T.A.~For Dis.charge From Duties and Obligatie3 ,
and upon motion of OLIVER N~HORMELL,Esquire.the petitioner.~~~~~,-j
the kJ/day of -1l-..u 1971,at/-."3f7 $.M.,is
a time for consultation and/or hearing between the Court and the attorneys
involved in this case.at which time,or at such later time as the Court shall
determine,a decision will be made as to whether or not the prayer of the
petition shall be granted.
Copies of this Order are to be served upon all counsel of record and
also are to be served upon Jack R.Sparacino.Esquire.member of the Bar of
Westmoreland County.and attorney for the Plaintiff in the action pending in
Westmoreland County,more particularly set forth in the Petition.
69-106
/
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STATE OF pENNSYLVANIA,
WASHINGTON COUNTY,'.
The within named Accountant being duly sworn according to law,deposes and says that the above account
as stated is true and correct as ~~.__.__verily believe?
S d 'b'b d b f h'23rd,.worn an su scn e e ore me rt IS •••••••••••••••••••,,
"Jury 74day'of - -:19 .
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MARIEM~:Nilt..Notary PublieC~L1fORNIA,W·ASHINGTON CO.,PA,
My Commi~sion expires July 14,~11'7 7
Washington County,ss:
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Administrator,C.T.A .
I do certify that I have given legal notice to all persons
concerned of.the filing of rthe within account in the manner.'
prescribed by Statute and Rule of Court,as evidence by proofs
thereof filed to No._.Ca...,3..::-..7.~.::-.3~.~
Witness my hand and official seal this.._~~.__..._...
day of --.-.A.Id..1-ld$..r:_.19.z.;I
_.._-_._.._._.__.._~.~"
Register of Wills ~
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RUSSELL MARINO
REG IS1T::f',-'\;,'/1 I t'.f .J:'ll....0
WASHINC:;C,\/CO"PA,
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The Court is respectfully requested to determine
proper d;~S:st~
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Counsel for Accountant
COURT OF COMMON PLEAS OF WASHINGTON COUNTY
PENNSYLVANIA,ORPHANS'COURT DIVISION
No.63 -68 -1538
Estate of JOSEPH F.GYSEGEM,Dec'd
Account of OLIVER N.HORMELL,ESQ.,
Administrator,C.T.A.
THE ACCOUNTANT IS CHARGED AS FOLLOWS:
1.Inventory as filed on June 22,1970 $11,736.92
~.Rents collected prior to appointment of Oliver N.
Horme11 as Ad~inistrator C.T.A.,transferred
to Oliver N.Horme11,and deposited in the
Estat~Account on August 25,1969
3..Rents and water payments collected by Oliver N.
Horme11 to Oct.1971,inclusive $2,971.96
Nov.1971 to June 1974,incl.2,354.05
4.Conversion of Assets:
North Charleroi R/E,Consideration $5,800.00
Costs deducted by closing attorney:
Recording Release $9.00
1%Transfer Tax 58.00
Pro-rata share 1971 taxes 29.10 96.10
(Other costs shown in disbursements)
1,278.00
5,326.01
Inventory Value of Real Estate
Loss through conversion
$5,703.90
5,800.00
96.10 (96.10)
5.K1ar Price (Hand money for real estate;
later refunded -see disbursement)
6.Insurance refund on Charleroi Real Estate sold
7.Interest Earned on Savings Account at Equibank
Total Assets
100.00
14.00
741.25
19,100.08
* * * * * * * * * * * * * * * * **~** * * * * * *
RECAPITULATION
69-106
Total·Assets
Disbursements
Balance
Balance consists of:
Real Estate in Monessen
Cash-Checking Account
Savings Account
Balance
$19,100.08
5,181.35
13,918.73
5,500.00
952.58
7,466.15
$13,918.73
~-----------------------------.---
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1969
August 7
Oct.
12
8
Wa?hington County Reports
Auth.Borough of Charleroi
Monessen Realty Corp
Estate Advertising
Water service
Insurance coverage
Monessen property
$14.00
5.50
35.00
Malcolm L.Morgan,Co.Treas.1969 County Tax -
Charleroi property
John J.Spielman,Collector 1969 School Tax -
Monessen property
8
10
Monessen Realty Corp
F.J.Buckley Insurance Agency
Insurance coverage
Charleroi property
Admin.Bond
35.00
10.00
41.78
138.00
John J.Spielman,Collector 1969 City Tax -
Monessen Property
John J.Spielman,Collector 1969 County Tax -
Monessen property
72.45
28.35
Oct.13 Monessen Realty Corp.Appraisal fee 70.00
14 Dorothy B.Sowden,Tax Collector 1969 School &Boro
Taxes -Charleroi 141.37
Nov.12
Nov.12
Dec.2
Auth.Borough of Charleroi
W.F.Caruthers,Esq.
Valley Independent
D.Keith Melenyzer,Esq.
Monessen -water service
Legal services to Estate
Estate Advertising
Reimbursement for letters
C.T.A.&2 sht certifieates
5.50
10.50
10.75
15.00
1970
Feb.6
May 15
June 12
Auth.of Borough of Charleroi
Auth.of Borough of Charleroi
Western Pa.National Bank
Water service-Monessen
Water service Monessen
Charge for checks
5.50
5.50
2.09
John J.Speilman,Tax Collector 1970 County Tax,
Monessen property 33.52
June 22
June 30
July 6
Russell Marino,
Reg.of Wills
Khlar Price
Bob A.Franks,Prothonotary
Filing Inventory
Refund of hand money
Filing answer of
Admin.C.T.A.to petition
for non pros for delay
in prosecuting claim
for widow
3.00
100.00
2.00
.'
14 Charles M.Penwick,Realtor Appraisal-Charleroi Prop.
Nov.24
Oct.27
Sept.30
$36.08
138.54
148.76
5.50
35.00
11.00
40.00
16.10
5.15
9.45
5.50
10.00
14.70
Water service
Moness,sewage service
Appraisal,Charleroi
property
Copy of transcript of hearing
on motion for non pros
Reimbursement for filing
election to take against Will
Transcript of hearing on
motion for non pros
Mon Valley Sewage Authority
Russell Marino,Reg.of Wills Filing Petition to
Sell Real Estate
Authority of Borough of Charleroi Water service
Mary Jane Dreyer
Mon Valley Sewage Authority Monessen prop.-Sewage
Mary Jane Dreyer
Howard F.Carson,Esq.
Joseph Sitte,Realtor
Authority of Boro of Charleroi
John J.Spielman,Tax Collector 1970 School Tax -
Monessen
Dorothy B.Sowden,Tax Collector 1970 School &
Boro Taxes-Charleroi
Malcolm L.Morgan,Co.Treas.1970 County Taxes,
Charleroi property
6
6
10
31
Nov.
Aug.
1970
July 10
1971
Feb.25 Mon Valley Sewage Authority Monessen,swwage service 14.70
Mar.8 Authority of Borough of Charleroi Water service 6.30
John J.Spielman,Collector 1971 City Tax,Monessen 81.14
Alfieri Realty Commission on real estate
sold 348.00
John J.Spielman,Collector 1970 City Tax,Monessen
John J.Speilman,Collector 1971 County Tax,Monessen
Mon Valley Sewage Authority Monessen,sewage service
Oliver N.Hormell,Esq.Attorney's fees on real
estate sold 121.00
86.94
5.50
14.70
50.00
33.52
Monessen,Water service
Roof repairs,MonessenA.H.Ritzer
Auth.of Borough of Charleroi
2
May 14
17
June 1
August 2 Authority of Borough of
Charleroi Water service,Monessen 5.50
Mon Valley Sewage Authority Sewage service
1971
August 3
Aug.16
Sept.15
Oct.8
Oct.8
Nov.9
Nov.26
Buckley Insurance Agency
Mon Valley Sewage Authority
John J.Speilman,Collector
Dr.Ralph Garofalo
Brownsville Gen.Hospital
Auth.Borough of Charleroi
•
Adm.Bond Premium
Sewage Service
1971 School Tax,Monessen
Services rendered Decedent
Blood service charge
Water Service
$40.00
14.70
148.76
51.00
25.00
5.50
14.70
l.-
Dec.29 George Gysegem -Reimbursement for funeral expenses
of Joseph Gysegem 1,527.00
James W.Riddell,Plumber Hot Water Tank
Mon Valley Sewage Authority Sewage Service
Insurance
1~72
Jan.13
Feb.3
Feb.21
Feb.28
Monessen Realty Corp.
Auth.of the Boro of Charleroi Water service
32.00
5.50
14.70
175.00
John J.Spielman,Collector 1972 School Taxes
Auth.of Borough of Charleroi Water service
Apr.26
June 2
Aug.10
10
John J.Spielman,Collector
Monessen Realty Corp.
Mon Valley Sewage Authority
Auth.of Borough of Charleroi
John J.Spielman,Collector
City Tax
Insurance
Sewage Service
Water service
County Taxes
84.52
61.00
14.70
6.30
33.52
5.50
148.76
Sept.7 F.J.Buckley,Insur.Admin.Bond 40.00
Oct.2S
Nov.
1973
Fe~O
May 7
8
June 25
Aug.1
Mon Valley Sewage
James W.Riddell,Plumber
Auth.Borough of Charleroi
Mon Valley Sewage
Mon Valley Sewage Auth.
Auth.Borough of Charleroi
John J.Spielman,Collector
Auth.Boro of Charleroi
Mon Valley Sewage Authority
John J.Spielman,Collector
Auth.Boro of Charleroi
John J.Spielman,Collector
Sewage service
Bathtub Repair
Water service
Sewage service
Sewage service
Water service
1973 County Tax
Water
Sewage service
1973 County Taxes
Water service
1973 School Taxes
.14.70
16.11
6.00
15.44
17.64
7.20
86.25
10.06
24.40
33.98
6.10
148.76
•
1973
Aug.10 Man Valley Sewage Authority Sewage service $14.70
Oct.19 F.J.Buckley,Insur.Admin.Bond 40.00
Nov.9 Auth.Bora of Charleroi W'ater service 14.68
Man Valley Sewage Sewage service 33.81
1974
Feb.13
Mar.5
May 6
June 21
Auth.Bora of Charleroi
Man Valley Sewage Authority
John J.Spielman,Collector
Moil:·Valley Sewage:::Auth6rity
Auth.Bora of Charleroi
John J.Spielman,Collector
Total Disbursements
Water service
Sewage service
1974 City Tax
Sewage service
Water
1974 County Taxes
14.68
35.50
84.52
32.11
14.68
33.98
5,181.35
Proof of Publici-IOn of Notice in the Vley Independent
Under Act No.587,Approved May 16,1929,P.L.1784,
as amended by Act.No.51 of April 24,1931,P.L.67
}ss:
Assistant
Personally appeared before me William H.Pore,Secretory of Mon Volley Newspapers,Inc.,a Penn-
sylvania corporation,publisher of The Valley Independent,who,being duly sworn,deposes and says
that The Valley Independent is a daily newspaper of general circulation in Fayette,Washington,and
Westmo'reland counties,Pennsylvania,and elsewhere,published in the City of Monessen,Westmorel'ond
County,Pennsylvania,that it was established June 28,1902,since which date The Valley Independent
has been regularly issued in said county,and that a copy of the printed notice or publication is attached
hereto exactly as the same was printed and published in the regular editions and issues of The Valley
Independent on the following dates,Augus t 9,1969
August 16 and 23,1969
State of Pennsylvania
County of Westmoreland
Affiant further deposes and says that he is General Manager of The Valley Independent,a
doily n~spoper of general circulation,and as such is autho~ized to verify the foregoing statement
under oath,and Affiant is not interested in the subject matter of the aforesaid notice or advertise-
ment,and that oil allegations in the foregoing statements as to time,place and character of publica-
tion are true.~.)~Fr--->-
Total $10.75
Box 637
California,Pa.15419
(J Notary Public
MARY A.EVANS,Notary liuhltc
My commission expires d,0Q",'n Wcstmgral&llel Cc JL'
tty C::Qm~IUion Expires July 30.~~73
STATEMENT OF ADVERTISING COSTS:
Oliver N.Horme11,Attorney at Law
Valley Independent on above stated dotes $10.00
Notary :$.75
TO MON VALLEY NEWSPAPERS,INC.,-DR.
For publishing the notice or advertisement attached hereto in The
Sworn to and subscribed before me this 4_t_h _
day of December,19 69
2JlAo-Q.~-4~
COpy of NOTICE
PUBLISHER'S RECEIPT FOR ADVERTISING COSTS
Mon Valley Newspapers,Inc.,publisher'of The Valley Independent,a doily newspaper of general
circulation,hereby acknowledges receipt of the aforesaid advertising and publication costs and certi-
fies that the same have been duly paid.
MON VALLEY NEWSPAPERS,INC.
By
--~-----------------------------------.....
Washington Cooo\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.1784 Sec.3,paragraphs (3)and (25).
COUNTY OF WASHINGTON}
S P
SS.TATE OF ENNSYLVANIA
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 officiaJI legal periodical for said Washington County,published weekly
having its place of business at Washington,Washington County,Pennsylvania,
and is acting as its agent in this behalf;that the said WASHINGTON
COUNTY REPORTS,was established on March 31,1920,and was designated
as the official legal publication for Washington County,Pennsylvania,by order
of the several courts of said County,dated November 11,1920;that the printed
notice or advertisement 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:
..............ALLgus.t l.4..,21..,.2.8.,1.9..6.9..
that the affiant or the corporation in behalf of whioh he is acting is not
interested in the subject matter of said notice or advertising and that all of the:~.~~~of fum~~::~~~:'-fu'publi<,""
~----Editor'-
Sworn to and su(gjbed bef?!e m~s --
.....28.~.7.da~of ~.Augus.t ,19 69....__1~:~e~--
WashIngton,Washin!ton ClI.,...
:My CQmmisslon Expires'•"
N.vember 1,1969
Estate .ces
The .~gister of WiHs 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
having claims or demands to present
them for settlement to the Executors or
Administrators or their Attorneys.
• •• •• • • ••••• • ••••
GYSEGEM,.JOSEPH F.,a/k/a .JOSEPHiG.GYSEGEM,Dec'd.e Late of the Township of Fallowfleld.:.Washington County.Penna.
'.Administrator C.T.A.:Oliver N.Hor-
-mell.423 Third St.,Caiifornlil,Penna.
15419 'Attorney:Oliver N.Hormell,423ThirdSt.,California,Penna.
l/''.
~n t11:r Cltnurt nf Cltnmmnn 'hus nf mnslJiugtnn Cltnunty,
':rnnsylnnnin (Orp4nns9 Cltnurt linisinn
ESTATE OF
JOSEPH F.GYSEGEM,
Deceased
No.63 -68 -153 8
In the matter of the Fir 5 tan d E ina 1
Account of 01 i verN.H0 r me 11 ,
Administrator C.I.A.
ADJUDICATION AND DECREE
S,An now December I ,-,19l.2....-,this matter came on for hearing
audit and distribution of this session and testimony taken;and thereupon,upon due consideratio~
thereof of the·balance for distribution in the hands of the Accountant is determined to be
$12 ,508 .76 and the account is accordingly confirmed;and it is ordered,
adjudged and decreed that the said balance be paid out by the Accountant in accordance with the
schedule of distribution hereto attached and made a part hereof,unless exceptions hereto,be filed
sec.reg.or an appeal be taken herefrom sec.leg..
SCHEDULE OF DISTRIBUTI
Balance per account 1
Additional Debits -Audit Petitions
Additional Credits -Audit Petitions
J.
$13,918 ~73
1,778.89 15,697.62
3,188.86
Balance'1
Deduct Clerk's Costs &Receipts and Advertis in g
Attorney .:::.O.:::.l.:::.i~v~e:..::r___=.N.:...:.=_______.:H~o:::..r::...::.:.m.:::.e.:::l_=l 1
Register of Wills,Certification of Real Estate
Register of Wills,Recording Certification of
Real Estate in Westmoreland County
Mathew Blasick and Marie G.Blasick,.his wife,
toward payment of claim .of .$15,400.00 as of
June,1975 as admitted at audit
Mabel Ann Gysegem,a 1/2 Interest,Anna Gysegem
a 1/6 Inter.est,Madeline Gysegem,a 1/6
Interest,and George Gysegem,.a 1/6 Interest,
as tenants in common of residue,consisting
of real estate in kind.at appraised value
as certified .herein subject to charge against
the real estate in the amount of $15,400.00
with interest from June,1975 in favor of
Mathew Blasick and.Marie G.Blasick,his
wife,with distribution made.herein to be
credited against balance due.
44.00
4.00
20.00
6,940.76
5,500.00
$12,508.76
12,464.768~/17S-~.,'f~~..oo .~~12,460.76 '?->'-"""
NO BALANCE
-0....,-
:r....oIt
o....,
:':
~0'oc:s....o....,,
:s
:f-
CD
3-D::::~-,
o....,....::T(l)
,..,-_..........."
~,.;.y •'
ESTATE OF JOSEPH F.GYSEGEM
No.63 -68 -1538
REAL ESTATE TO BE CERTIFIED TO THE RECORDER OF DEEDS OF
WESTMORELAND COUNTY,PENNSYLVANIA
JOSEPH F.GYSEGEM,Testate Decedent and Devisor,to MABEL ANN
GYSEGEM,Wife and Devisee,a One-Half (1/2)Undivided Interest,
ANNA GYSEGEM,Heir and Devisee,a One-Sixth (1/6)Undivided
Interest,MADELINE GYSEGEM,Heir and Devisee,a One-Sixth (1/6)
Undivided Interest,and GEORGE GYSEGEM,Heir and Devisee,a One-
Sixth (1/6)Undivided Interest,in and to:
ALL that certain parcel of land lying in the City of Monesse ,
Westmoreland County,Pennsylvania,described as follows:
LOT No.One Thousand Five Hundred One (1501),North of
Schoonmaker Avenue,lying between Seneca Street and Oneida Street
fronting on Schoonmaker Avenue twenty-two (22)feet,and running
back one hundred (100)feet to a ten (10)feet wide alley.
SUBJECT to all exceptions,reservations and conditions as
the same may appear in prior recorded deeds in the chain of title
BEING the same premises that Anna Gysegem,unmarried,con-
veyed to Edward Gysegem and Sarah Gysegem,his wife,by deed date
December 2,1937,and of record in the Recorder's Office of Green -
burg,Pennsylvania,in Deed Book 1004,Page 314.The said Edward
Gysegem died on the 25th day of December,1937,leaving to sur-
vive him his wife,the said Sarah Gysegem,in whom the said par-
cel of land vested in fee,under the Doctrine of Survivorship
incident to estates by entireties.The said Sarah Gysegem died,
testate,on March 24,1943,and by her will probated in the
Register's Office at Washington,Pennsylvania,in Will Book 64
at Page 250,she devised,inter alia,the above described lot of
ground to five of her children;namely,Anna Gysegem,George
Gysegem,Madeline Gysegem,Marie G.Blasick and Joseph Gysegem,
each heir receiving an undivided one-fifth (1/5th)interest.
--~-",/,
BEING ALSO the same property conveyed to Joseph Gysegem by
deed of Anna Gysegem,unmarried,George Gysegem,unmarried,
Madeline Gysegem,unmarried,Marie G.Blasick and Mathew Blasick,
her husband,dated November 28,1944,and recorded in the Record-
er's Office of Westmoreland County,Pennsylvania,on November 29,
1944,in Deed Book Volume 1180,Page 535,said deed conveying to
Joseph Gysegem the other four-fifths (4/5ths)undivided interest.
SUBJECT ALSO to unpaid balance of $15,400.00 which
represents the amount due on recorded lien of Mathew Blasick and
Marie G.Blasick,his wife,as filed in the Prothonotary's Office
of Westmoreland County,Pennsylvania,at No.265 May Term,1953,
DSB and".:·iit .'.'i:,;,1 No.618 April Term,1966 DSB.The above
amount shall be a charge on the real estate with interest from
June,1975 with credit to be allowed for amount paid in accordance
with schedule of distribution decreed in the estate of Joseph F.
Gysegem,deceased.
I certify that the precise addresses of the Devisees are as
follows:
Mabel Ann Gysegem
1286 Country Club Road
Monongahela,Pa.15063
Anna Gysegem
R.D.#2,Box 585 D
Charleroi,Penna.15022
Madeline Gysegem
R.D.#2,Box 585 D
Charleroi,Penna.15022
George Gysegem
R.D.#2,Box 585
Charleroi,Penna.
Hormell,Attorney
Joseph F.Gysegem,
Deceased
~:T~~
~~~~eIb~-k
~~Of/,~
15022
December 9,1971
Judge P.V.Marino
Court House
Washington,Pennsylvania
IN RE:Estates of Joseph and Anna Gysegem
Dear Judge Marino:
~~/H2
:Z-~/I,yS-6'5tJS
Following the conference in your chambers on November 1,1971,
Attorney Melenyzer and I,without any admissions as to the merits
of the positions of the other,attempted to settle the entire
dispute.At first it appeared that we were having a degree of
success,but,on November 29th these efforts fell apart;accord-
ingly I told Mr.Melenyzer that I would inform you and the other
counsel of the same,hence,this letter to you with copies to
Attorneys Hormell,Melenyzer,and Sparacino.
Our position is still that Mr.Hormell should not be permitted
to resign for his resignation would cause and result in unneces-
sary delay and expense to the Estate of Joseph Gysegem.I
would again point out that Mrs.Gysegem has waived any right to
complain as to any conflict of interest which Mr.Hormell m~y
have caused by reason of the formation of the law firm of Hor-
mell,Tempest,Simmons,Bigi and Melenyzer.
I maintain that it is Mr.Hormell's duty to contest the very
suspicious claim of Marie Blasick in Westmoreland County,in-
cluding the taking of Mrs.Blasick's deposition on the subject
and manner of learning the consideration,if any there was,
for her $7,000.00 note,and to learn the reason why Anna and
George Gysegem subordinated their $15,500.00 note in favor of
Marie's $7,000.00 note.Mrs.Mabel Gysegem informs me that the
frauds of her husband and his family have left her so destitute
that she is unable to finance the contesting of the Westmore-
land County claim.
-.-Judge P.V.Marino Page 2 December 9,1971
I believe it is encumbent upon George,in his capacity as
personal representative of the Estate of his sister Anna to
place upon the record the sources of the many bank accounts
listed in Anna's Inventory totaling approximately $85,000.00
to show that these monies did not originate with Joseph.
There has already been testimony that Joseph had $40,000.00 in
his safety deposit box before he and his wife separated,and
now Anna appears with $85,000.00 in her bank accounts.In
Anna's testimony she claimed that she had never had any income,
and,therefore had little money.These obvious contradictions
should be explained to the satisfaction of the Court.
I have prepared a suggested list of stipulations to be presented
to the Common Pleas Court,Judge DiSalle,on December 13,1971.
Copies of this stipulations are being sent with the copies of
this letter to the other counsel.I am enclosing a copy of the
proposed stipulations with this letter to you for your informa-
tion.
Very respectfully yours,
/f~F~
Howard F.Carson
HFC/paf
Enclosure
cc:Oliver N.Hormell,Esq.,423 Third Street,California,Pa.
cc:Keith D.Melenyzer,Esq.,411 Washington Ave.,Charleroi,Pa.
cc:Jack R.Sparacino,Esq.,444 Schoonmaker Ave.,Monessen,Pa.
------------------------,
12/7/71
/
No.180,November Term,1952,D.S.B.
1-6p
CIVIL ACTION -LAW
)
)
Plaintiffs,)
)
)
)
)
)
,....
INTERVENOR MABEL A.GYSEGEM'S PROPOSED
STIPULATION AS TO SUGGESTED FINDINGS OF FACT
-:...._.__.._fI'II'I p('lf
I'IIl!II
I!ilI'IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
I
I
II GEORGE GYSEGEM andIiANNAGYSEGEM,
IIII vs.
'I
Ill,".JOSEPH GYSEGEM,
Defendant.
II
II
'I
.-
HISTORY OF EVENTS SINCE APRIL ARGUl\'1ENT COURT
On April 7,1971,at the time set for the argument on
McCune,filed December 3,1970,Judge DiSalle suggested to all
~,,
Il!II!
"II the issues of the exceptions to the Opinion and Order of Judge
I
counsel that they stipulate to such matters as they could agree
upon so as to narrow the issues to be argued before the Court.
Attorney Carson commented that his immediate schedule was such
that he could not give the preparation of the suggested stipula-
tion his immediate attention,and he requested Attorney
Melenyzer to prepare the stipulation;this Mr.Melenyzer agreed
in the presence of the Court to do,however,to this date no
that he prepare the stipulation,since Mr.Melenyzer had not
Due to many factors,including unsuccessful efforts
About June 1st,Judge DiSalle suggested to Mr.Carson
done so.
i such stipulation has been prepared.
IIIIII'!,
including many sessions between counsel,this stipulation was
the estate of herin
The delay was also contributed to by the latest phase
the efforts of the members of the Gysegem family to defraud
Mabel A.Gysegem of her rights to share
not prepared until now.
in
I
II by counsel to settle the entire dispute between the parties,I!
IiI!II
II
III
I
II,I
III
\
IiIIII
/"
----.-...---
Blasick,a sister of Joseph,George and Anna Gysegem,has
matter of this instant proceeding,was filed in Westmoreland
claimed to have been given to Marie by Joseph on February 20,
against the Westmoreland County real estate of the late Joseph
Marie G.
.!$7,000.00 note,
Westmoreland County
1953,the afore-
in
On February 28,1952.
nine months after Joseph and Mabel separated.
An exemplification of the $15,500.00 note,subject
The execution is based upon an alleged
some
County on October 8,
1953,
recently instituted execution proceedings
Gysegem.
11
II
I
!II
II
Ill.
husband,the herein defendant,the late Joseph Gysegem.
II
II
Ii
I!
I
II
II,I
I.
I
II
mentioned Blasick note was entered,with the certificate of
residence being signed by Anna Gysegem.Also,on February 28,
1953,without any cause being given,the lien of the $15,500.00
II note was postponed of record in favor of the Blasick note.
II shows the great degree of cooperation between the Gysegem
This
moreland County Bar,filed a Complaint to institute the said
been set for argument,Attorney Jack R.Sparacino,of the West-
I brothers and sisters.
I
I,II
About the same time as this matter had
ex~cution process,naming Oliver N.Hormell,as the Personal
Representative of the Estate of Joseph Gysegem,as the defendant,
at #10 April Term,1971.Attorney Hormell informed Attorney
Carson of this development about April 20,1971,stating that he
did not intend to contest the claim.Attorney Carson retorted
that it was the duty of Mr.Hormell to protect the Estate.
Mr.Horme1l replied that Mr.Sparacino had agreed not to take a
snap judgment without first informing Mr.Hormell of it,however,
Mr.Sparacino took judgment on July 8,1971 by reason of
Mr.Hormell's failure to act.
On October 19,1971,Mr.Hormell informed Mr.Carson
that-he was about to file an Answer to the Blasick Complaint;
-2-
--
the Answer was filed too late because of the aforesaid taking of
Attorney John McIlvaine,who shares office space with Attorneys
the Answer to the Blasick Complaint which he was filing on behalf
Tempest &Simmons in Monongahela,sent Attorney Carson a copy of
1971 that
On October 19,1971,
Attorney Carson replied on October 22,
the judgment on July 8,1971.
of Mr.H0 rme 11 •
judgment having been taken on July 8,1971.
Ii,
'1I,
II.,;1
IIII
1\il
jj
II
ji
.1II Mr.Carson advised him that he was acting too late because of the
II
,!
'III
I
IIi\1
I
I
"
On November 1,1971,a conference was held in the
Chambers of Judge Marino,'with Attorneys Hormell,Sparacino,
Melenyzer and Carson in attendance.At that time,Mr.Hormell
was asking Judge Marino to allow him to resign as Administrator
of the Estate of Joseph Gysegem because of conflicts of interest
by reason of the formation of the law firm of Hormell,Tempest,
Simmons,Bigi &Melenyzer.During the conference,Attorney
Carson requested and secured a delay to allow him to confer with
his client,Mabel A.Gysegem.At the same conference,Attorney
Sparacino,agreed to take no further steps,pending the outcome
of Mr.Carson's interview with Mrs.Gysegem.
Immediately after the conference with Judge Marino,
Attorneys Carson and Melenyzer agreed to explore the possibility
of settling the entire matter.Due to difficulties each had
in contacting their clients,Mabel A.Gysegem and George Gysegem,
respectively,no concrete offer was made by Mr.Melenyzer until
about November 19th.The offer was conveyed to Mrs.Gysegem on
November 20th,who rejected it about November 29th.The possi-
bility of a slightly higher offer was proposed by Mr.Melenyzer
to Mr.Carson,who conveyed it to Mrs.Gysegem about Decemher
2nd.At that time she rejected any further discussion 1n the
-3-
negotiations had failed,and that he would inform Judge Marino
Washington,D.C.,Mr.Carson informed Mr.Melenyzer that the
II
I
I
II
I'I'IIII range being discussed,and,upon Mr.Melenyzer's return from
III
and the other counsel accordingly.
I -CONCISE STATEMENT OF INTERVENOR'S POSITION
On December 23,1970,the Intervenor (Mabel A.Gysegem)
filed exceptions to the opinion of Judge McCune filed December 3,
1970,and at the same time,in order to preserve her rights,she
By reason of the dilemma created by the two way orders
filed the election in the Orphans'Court required by Judge McCune.1
iI
II
I of Judge McCune's opinion and order of December 3,1970,it was
absolutely necessary for the Intervenor to act to prevent being
caught on one horn of the dilemma to preserve her rights,in the
event that the Orphans'Court should decide the case in her favor.:
It would appear that Judge McCune in his rush to dispose of his
backlog of judicial work before the effective date of his resig-
looked the fact that the wording of his order,unless excepted
nation,
I-
I
and not with any intentional deception of his part,over-
to,would leave the exceptant in the untenable situation of hav-
1936,but it was not filed until October 3,1952.
citous wording of the opinion and accompanying order.
DENIED:
-4-
SUGGESTED FINDINGS OF FACT
TO BE ADMITTED OR DENIED
BY GEORGE GYSEGEM
1.The note in issue bears the date of January 22,
ADMITTED:
ing won her action in the Orphans'Court,but due to the default
I
11 brought about by the same Order of December 3,1970,the asse ts
Ii
I\to wpich she was entitled would be taken from her by the dupli-
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3.Joseph and Mabel separated on May 10,1952,which
2.Joseph Gysegem married Mabel Henrion on June 17,1936.
followed by a Desertion &Non-Support action which resulted
DENIED:
was
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II
I
\IilI
(ADMITTED:
I
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r.,.r.l
in orders in favor of Mabel and their son,and the jailing of
Joseph for non-compliance.
ADMITTED:DENIED:
4.The $15,500.00 note was filed for the first time on
October 3,1952,at No.180,November Term,1952,D.S.B.
ADMITTED:DENIED:
5.George Gysegem later explained the delay of 16 years
in filing the note before Judge Marino by saying on page 36 of
"
that record:"Well,when you carry an umbrella you don't open
it until it rains.ll
ADMITTED:DENIED:
6.In 1961,Joseph and George Gysegem continued the
pattern of fraud against Mabel by partitioning the family farm,
during which proceeding George bought Joseph's one-fourth share
and paid for it by allowing a small credit on the herein con-
tested $15,500.00 note,$4,563.75,leaving a balance of $10p36.25.
ADMITTED:DENIED:
7.At the time of the filing of the partition proceed-
ing Joseph aided and abeted it by'going personally to the
Sheriff's Office so he could thereby be easily served without
any notority.He made absolutely no effort to contest or defend.
ADMITTED:DENIED:
8.No notice of the proceeding nor of any opportunity
to bid at the Master in Partition's sale was given to Mabel.
ADMITTED:DENIED:
-5-
II
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I
9.By 1961 Joseph's arrearages In the support of his
10.About five years later George sold the Freeport Coal
under the farm for $11,600.00,when the value placed on the
ij wife and son was $10,750.00,but the partition proceeding was
I,
"~l 12.George and Ahna were both deposed on June 18,1969,
it1IIi where they were represented by both Attorneys Melenyzer and
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DENIED:
DENIED:
t,;f\01\1 ITTED :
!,ADMITTED:
'.nP hidden from Mabel.
,I
:1~:;entire farm during the partition proceeding was only $20,000.
i ~,\ii 11.George and Anna both testified in the Orphans'Court
11"proceeding,where they were represented by Attorney !'VIe lenyzer •
l'i'
.,
;1
<'Simmons.~;
t.
H ADM I1'1'ED :DENIED:
'I,IIIi!13.On December 23,1970,the In tervenor,by her.,
.!
~,
\!attorney,presen ted to Judge McCune except ions to his Opinion
Ii
"I and Order,and at the same time,a motion to suspend the effectII
'I
L of the Opinion until the matter had been disposed of by theq::
'\Orphans'Court Division,was presented together with the Elec-
I'
;1 tion to proceed in the Orphans'Court specifically labeled as
"~:
,being made "in compliance wi th order of court made December 3,
'iI,
"\i 1970".
Ii":i ADM ITTED :DENIED :
II -....".------~itr:1 14.The Intervenor presented eleven Offers to Judge
i!':i!IVlcCune who stated from the bench that he would'rule upon them,;;,
1i which rulings were never made by the Court.
ii[Ii!ADMITTED:DENIED:
II,II;15.On pages 7 and 14 of Anna's d~posi tion ~she said
11i!that no consideration had been paid to Joseph for the note,
I
II;:thereby admi tting their fraudulent scheme.:i
I
11 ADMITTED:DENIED:
."1
i!'1Ii,,.
r'\,
"i;-6-\,
,
!'i
..
of George and Anna Gysegem before Judge Marino when George was
~on and Westmoreland Counties since 1952,and upon the testimony
ARGUlVlENT AND CONCLUS IONS SUPPORT ING THE
PROPOSED STIPULATIONS
All of these proposed stipulations are based upon
....,",
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II,
I
H
11
II
IiII,I
IIII the records in the various proceedings in the Courts of Washing-
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trying to be appointed Executor of Joseph's Estate;of course,
stipulations are based upon the testimony of George and Anna
Others of theCourtrefusedtoconfirmGeorge's appointment.
Ii when Judge Marino saw the conflict of George's interests,
1\
i
the
when they were deposed in June of 1969.
, I Should counsel for plaintiffs wish to deny any of
the stipulations,they should not only make such denials,but
they should state where the proposals are in error,and they
should make appropriate proposals of their own in lieu thereof.
Any proposals which they fail to admit,but which they also fail
to specifically deny showing the error thereof should be con-
The end result of the ratification of the proposed
stipulations will be to narrow the issues before the Court and
II sidered as admissions.
II
'II
-7-
Respectfully submitted,
Attorney for M~bel A.Gysegem
issues may be determined without any furt~er delay.
this matter again be placed upon an early Argument List so these
therefore,after allowing the plaintiffs due time to admit,deny,
or reply,the Intervenor respectfully suggests to the Court that
I to thereby expedite the arguing and consideration of the same,
II
II
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4'
IN THE COURT OF COMfvl0:'J PLEAS
OF WASH I NGTON COUNTY,PENNA.
CIVIL ACTION -LAW
NO.180,NOV.TERM~1952~D.S.B
GEORGE GYSEGEM and
ANNA GYSEGEM,
Plaintiffs,
vs.
JOSEPH GYSEGEM,
Defendant.
INTERVENOR MABEL A.GYSEGEM'S
PROPOSED STIPULATION AS TO
SUGGESTED FINDINGS OF FACT
:Y~anIY &~rJon/
'~/""n6eY'-,,;uf,t;"'no.,/~,..a~....t;a,'
(J4.a~kro(~:?l1~ln.j.eY/ua~
15022
I,
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:.:~..
~~I
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.;
Q!nnrt nf Q!nmmnu 'Iran nf llanqiug1nu Q!nuuty
(@rpqaun'Q!nurt minininu
In th~matter of the Audit of Account in
E'~o,~~E:&rr'~l;.~-<I!dI I
~~~~-__,19::;.£
N.B.-Counsel shall,by separate paper,present a concise statement of each )
claim,w.ith 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.6//~~.
&~~!A~~_
//~-Z;It....-
~u t4r Cltnurt nf Cltnmmnu JUran nf lIunqiugtnu Cltnuuty
®rpqaun 9 Cltnurt miuilllnU
In the matter of the Audit of Account in
Estate of JOSEPH F.GYSEGEM
TO 'fHE AUDITING JUDGE:
Enter·m_y appearance for
No.63 -68 -J 538
01ive~N.Hormel1,Administrator c.t.a.,
of the above captioned estate.
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.
69-106
---
No.63 -69 -1538
In re Audit of Account in EstllJte of
JOSEPH F.GYSEGEM,
AUDIT
Jrarripr .fur 1\ppraraurr
FOR
OLIVER N.HORMELL,
Administrator c.t.a.
,..,
01iver;"(N .IiIorm~11,~Esqu:t¥~rney ,
:.
;~
l~'f ..."
~u tl1t aruurt uf Qtummun 'irun uf Iht£i~ingtun Qtuunty
®rp~ttnn'Qtuurt lllittiniun
Supplemental
In the matter of the Audit of Account in
/
Estate oLf----,-~J~O~S:..:!::E~P,;,;H~F~.~G::!...::Y~S~E!::!.:G~E~M~I
Deceased
TO THE AUDITING JUDGE:
63 -68 -1538No.__--..::....:...__::....::.__=--=-=--=---_
my Oliver N.Hormell,AdministratorEnter~.,appearance for__-=-..:=-=...:....:::...::...---=-:...:.........::..::..:..::~-=--=:.=...~.:...::..:::..--=.:.:=-=--::....::...::....::.::....:.-=--=_
C.T.A.of the above captioned estate.
Oliver .Hormell,Esq.25th day of November ,19-2S-
N.B.-Counsel shall,by separate paper,present a concise statement of each
claim,w.ith 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.
N~63 -68 -1538
In re Audit of Account in Est8Jte of
JOSEPH F.GYSEGEM;
Dec_e_ased
SUPPLEMENTAL
AUDIT
Jrarripr fnr !\ppraraurr
FOR
OLIVER N.HORMELL,
ADMIN.C.T.A.
('.'......
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.:~;
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'.,~:~
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Att~rney
SUPPLEMENTAL
PETITION SUR AUDIT·
IN THE ORPHANS'COURT OF WASHINGTON COUNTY
Testate Form I
,_~,,~,.-...J
JOSEPH F.GYSEGEMEstateof .
Deceased
63 -68 -1538No .
Fiduciary 9J.~.y.~.~~.:li~!.~~J~.
Admin.C.T.A.
Date of October 29 1968 Date of August 5,1969
Decedent's death ~Grant of Letters .
a
This is t*e $J.m.P.J.~~.~n.t~~...f.J.I.~.t ..~:f~!.1.~.~account filed in this estate
If there have been former accounts filed in this estate,list file number or number and term .
--_-..--___--__.
Election to take
Under or Against will.(cross out one)
Date Election 6 96 Place of;W h .
Filed .p.~~.~,..~..}~Record ~~~E:~.~.?~.
N:'f . .MABEL A.GYSEGEMameasurvIvingspouse ,.
List issue,where material:
Did decedent marry after execution of will?(indicate)X1BC No.Any children born after execution of will?{indicate}
'ilte6.No.If answer yes,name them .
Legatees Relationship Interest Fiduciary,if deceased or not sui juris
Mabel Ann Gysegem
Melvin Joseph Gy~egem
Anna Gysegem
Madeline Gysegem
George Gysegem
Wife
Son
Sister
Sister
Brother
Specific B~quest
Specific Bequest
1/3 Residue
1/3 Residue
1/3 Residue
* **.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mabel Ann Gysegem,wife,having exercised her right to elect to take
against the will under the provisions of the Wills Act of 1947,(20 P.S.180.8),
and the testator being survived by one child,is entitled to a one-half (1/2)
share of the real and personal estate of the testator,and the above stated
proportions should be and are hereby requested to be modified to that effect.
List,if exceptions to above:Adeemed:Revoked:Lapsed:Abated:Give Cause:
If partial intestacy,give facts:
Notice to interested parties.Have all parties,having either vested or contingent interests and all trediors entitled
to notice (Court Rule No.9 paragraph C:Section 6:Subdivision c)received written notice of the filing of the account
and of tall of audit?Yes.Xll!iX
If any exception give cause:·.
File copy of Notice C .f'd M ..d. .ert1 1e a11;return rece1pt requeste ,.and date of malllng·····························j\·u!fusr·9···a·iia·..Alig"ust..T3;..T9.7LL .
r
Is estate subject to the filing of a Federal Estate Tax Return?~.~.
Actual payment made on Pennsylvania Transfer Inheritance Tax.Amount $NQJ:HL .
If 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 who are legally entitled to notice,together with the amounts
of such claims;state whether they are admitted to be correct;and whether the claim is denied.
Mathew B1asick and Marie G.B1asick,his wife
444 Isabella Avenue,North Charleroi,Penna.
Judgment entered -Westmoreland County -265 May Term,1953 DSB
618 April Term,1966
in the amount of $7,000.00 plus Attorney's Fees of $350.00 or $7,350.00
plus interest,as of June 1975,
Claim admitted to be correct.
making total debt of $15,400.00
Mr.and Mrs.B1asick are represented by Jack R.Sparacino,Esq.
603 Broad Avenue
Belle Vernon"Penna.15012
Give reference to such parts of the will as require interpretation by the Court;a reference to all questions re-
quiring adjudication,and a statement of any other facts deemed necessary for the preparation of the adjudication:
Balance for distribution per citlOi«t~First Audit filed Sept.9,1974
Itemize any additional debits not shown by account:$J1.,.~.?Q.~.??.
Interest 12/31/74 $141.31
6/30~75 I 14~.85
Net Rents and Water Payments
. ,
Total additional deJ~its (Add)
Itemize any additional credits not shown by account:
:
See a tta.c.hed she~t
t "
Total additional credits (Subtract)
Balance for distribution
$286.16
1129.48
$...~_~41 5.64..............................
887.40$.
$~.?J..?9.~.:.??.
If balance for distribution is not in cash,list each item held in kind,giving appraised Value (or distribution Value);
Balance consists of:
Real Estate -Inventory Value $5,500.00
'0 ....-:;..
Cash:
Checking Account
Savings Account
Total for Distribution
$1,070.10
'5,93'8.66 '7,'008.76
12,508.76
Itemize additional credits not shown on
Audit presented September 9,1974:
Crosby Exterminating Co.Services 12-5.00
Authy.Bora of Charleroi Water 13.32
Man Valley Sewage Auth Sewage services 26.4&
F.J.Buckley Insurance Admin.Bond 40.00
Oliver N.Hormell,Esq.Fees 150.00
36.00
33.81
17.02
84.52
59.00
10.36
20.58
12.04
27.93
$
Water
Services
Water
R/E Fire Insurance
Insurance on R/E
Auth.Bora of Charleroi
Auth.Bora of Charleroi Water
Man Valley Sewage Authority -services
Monessen Realty Corp.
Man Valley Sewage Authority -services
Monessen Realty Co.
Bora of Charleroi
Man Valley Sewage Authority
John J.Speilman,Tax Call.1975 City Tax
John J.Spielman,Tax Collector 1975 County Tax 33.98
John J.Spielman,Tax Call.1975 School Taxes 148.76
Authy.of Bora of Charleroi Water 16.28
Man Valley Sewage Authority Sewage 32.34
1974
Nov.1
5
1975
Jan.29
Feb.3
3
Mar.11
Apr.9
May 2
6
June 12
Aug.1
1
4
26
Nov.5
5
18
24
If Family Exemption claimed by Petition,give place of R,ecord:.
If Family Exemption is claimed at audit,give name,relationship and basis for Claim:.
List any advancement or distribution on account 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:
1/6 Interest
1/6 Interest
1/6 Interest
1/22Interest*
Cash residue in the Estate after
Taxes,Court and Recording Costs
(.2 )Real Estate devised to:
(a)
~,.Wife,Mabel Ann Gysegem,
,.
(b)Anna Gysegem
(c)Madeline Gysegem
(d)George Gysegem
(1)Payment ~9 Credi~.?r,Mathew B1asick and .Marie G.B1asick.,his wife,
payment of Pennsylvania Inheritance
said Real Estate being devised subject to recorded lien of the
Creditor as adjusted by cash .payment per paragraph (1)above.
*Efection to take against the Will.
COUNTY OF WASHINGTON,SS:
COMMONWEALTH OF PENNSYLVANIA.
The above named Fiduciary or representative thereof,
being duly s.w.Qrn doth depose and say
that the facts set forth in the foregoing petition are true
to the best of hJ.?.knowledge and belief.
........§~~E~to and subscribed befor.
.24th November 7methlsdayof19 .
Signature of Officer.9t2~..?12 ~.
Title of Officer ~~~~~~..~·..~.~~S.~~~~.':¥.~~~~.CALIFORNIA.WASHINGTON CO••PA.
Office expi res My..~.~~!1:'}~~i.~~..~~p.~r.~~.}.~~y.~.~!.~~?L .
And your petitioner will ever pray,etc.
~t!r ._/-.u
No..__..Q.~._:~....Q.a ...:-__.J.S_3.a_.. .._.·_.
.1,Estate of JOSEPH F.GYSEGEM..........................-_..--.-..~.'--.
Deceased
Fiduciary _g.~.~y.~!-:~_:~_~!-:E!~_~_~._
Admin.C.T.A.
SUPPLEMENTALPETITIONSURAUDIT
FROM WHERE DECEDENT LEFT A WILL
Attorney
~2
P/-q1~ee,..__._?-__
Counsel of Fiduciary will submit herewith the
following,in conformity with Court Rules
adopted effective December 3,1951,being
rule No.9:paragraph b-c;and divisions
thereof:show,n 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.
5.Letters Testamentary or Administration
C.T.A.or an attest copy of Will.
6.Copy of inventory and appraisement.
7.Proof of advertisement of grant of letters
if not filed with account.
8.Certificate of liens in case any of the
funds for distribution are from judicial
sale of real estate.
9.Signed and itemized elections if any
distribution in'kind.
10.Copy of Federal Estate Tax return if es-
.-tate is subject thereto.
~.-'"'..-
,.~
OFFICE OF
REGISTER OF WILLS and
CLERK OF THE ORPHANS'COURT DIVISION
Washington County,Penna.
WASHINGTON,PA.fum.1-:tI 19_rB_
Mr.Mrs.-'::__.c ,
Estate of m .J.O.SEEIL G....GY..crEGEM,..nEC_!.D-....NQ~__..JSJ.8__Q_t'.._.l.9.6..8__..._..._._._._._-_.
The Fees amount to $...?_~..5_Q_..__For....S_tj.PJJ1~_t.ion re....B.?-.UlQ.Y~_l.._:g:~.~ek~.J-fiJ,._suLJ;>~-,-__
.-D..-Y~.t.h..-M.e..l_e_~g_€}P-.,..-.E.s-q.•.-~-...Ma¥_-2.e.f_.l%.9-....-.-------------------------------.-------,in this office.Please remit at
once and'have or send this bill,that the docket may be properly receipted and you credited with the same.
DockeL Page _
Yours truly,
__!iusf:!_~lJ M~tln_Q .__Register &Clerk O.C.
And now ,19 ,Received above costs,to-wit $--------------------.__._....
and the docket has been properly receipted for same.
------------------.~,---.------------------.Register &Clerk O.C.
~-5
IN THE MATTER OF (
)
APPLICATION FOR PROBATE (
)
OF WILL OF (
)
JOSEPH F.GYSEGEM,(
)
DF.CEASED.(
CERTIFICATION TO ORPHANS'COURT.
WHEREAS,there has been offered for probate before me a paper
purporting to be the Last Will and Testament of JOSEPH F.GYSEGEM,
late of Fa110wfield Township,W~~bington County,Pennsylvania,
decoased;and,
WHEREAS,a Caveat has been filed against the probate of said Will
by Howard F.carson,Attorney for ~~be1 A.Gysogem,surviving
widow of Joseph F.Gysegem,with me,and required security entered
by Howard F.Carson Attorney for Mabel A.Gysegem,surviving widow
of Joseph F.Gysegem;
NOW,THEREFORE,By virtue and in pursuance of Section 20 of the
Rogister of Wills Act of 1917,As Amended,I do hereby certify
the entire record pertaining to the matter aforesaid to the
Orphans'Court of washington County.
WITNESS my hand and the seal of the said Office this 17th day
of December,A.D.1968.
({i2~u ;:0d:/Z,t4l.C
Register of Wills of Washington
County,Pennsylvania.
j
II
II
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY"PENNA!.
II
ORPHANS'COURT DIVISICN
•IN RE:
~z~ESTATE OF
oJ>-!II
~JOSEPH F.GYSEGEM"1&1Do
ieDeceased.
Clz
x!II0(~
)
)
)
)
)
)
)
No.
~.-.
",.p'-"'••
t
•.~v:::~-;
1538 of '1~68 :
·.~,...~:..
,~.
• I ".....·".'~"_..--
HEARING ON APPEAL FROM PROBATE
.-
.,:
~lI:I-!IIo~BEFORE:
~c
:J..,
:tl-I'
N APPEARANCES:
l1i
lI:
1&1
l-ll:oDo1&1
II:
l-ll::Jo
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0(
uiL TIME:lo.o
THE HONORABLE P.VINCENT MARINO"
President Judge of the said Court.
HOWARD F.CARSON"ESQ."of Charleroi,
Penna.,repres enting the Contes tant.
D.KEITH MELENYZER"ESQ ...of Charleroi,I
Penna.,representing George Gysegem.I
I
Thursday,February 13,1969,at 10:00 o'clock I
A.M.,EST.iI
lI
I
I
L,..-..-___
I N D E X
I
WITNESS Direct Cross As on Cross Recross
Examination
GEORGE GYSEGEM 5 62e6669
~ANNA GYSEGEM 71
z0(>oJ MELVIN GYSEGEM 80 88>-1IlZZ
III MABEL GYSEGEM 92 99lL
i
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UC
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** ** * ** * ** * * ***
EXHIBITS
CONTESTANT'S EXHIBIT A -Certified copy of the Judgment Note dated
January 22,1936,signed by Joseph Gysegem,presented on page
4 and admitted into evidence on page 71.
_____________________________1_~
THE COURT:
MR.CARSON:
Mr.Carson,the Court is ready.
Thank you,Your Honor.If the Court please,this
3
~z~~
~VIZ
Z\&III.
ioI-elZ
J:UlC~
is the time set for a hearing in re:the Estate of Joseph F.Gysegem
deceased,at Number 1538 of 1968.
To relate the history rather quickly,Joseph F.
Gysegem died on the 29th of October,1968,and Letters of Adminis-
tration were issued to his widow,Mabel A.Gysegem.But before
any administration was actually undertaken,Mr.Melenyzer of this
Bar contacted me and informed me that he had a will to probate.
At my request,he furnished me with a copy of the will.I then
informed him that acting as attorney for the widow,Mabel Gysegem,
we would object to the probate of the will or at least to the appoint-
ment of George Gysegem as the executor.We filed a caveat to
aill:III
l-ll:oII.III
ll:
l-ll::Jo
U
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that effect with the Register of Wills and the matter was then
certified to the Court.
Briefly,our basis for the objection is we feel
that George Gysegem is so financially interested in the estate and
in the affairs of Joseph F.Gysegem as a claimant himself,that he
could not objectively administer the estate;bearing in mind his
duty as fiduciary would be not only to the estate its elf,but it would
also be to protect any creditors,of which Mabel Gysegem was one,
since she had a judgment of some $16,000,which is based on a
non-support action.And also,as the widow she would have the
right to elect to take against the will.We haven't done that formallv
4
yet but of course,we have a year from the date of death to do that
and we have every intention of doing that.
I think it is going to be material during this hearin
that a note which is dated January 22,1936,or at least it is alleged
to have been dated that time,even though it wasn't entered in the
you have any objection?
of Contestant's Exhibit "Ali into evidence.Mr.Melenyzer,do
of the Judgment Note dated January 22,1936,signed by Joseph
remarks at this time,other than to formally move the admission
We have no objection.
As I donlt mean my remarks to be similar to the
opening of a jury,Your Honor,I'm not going to make any further
Gysegem).
(Stenographer marks ContestantIS Exhibit "A ",a certified copy
exhibit.
copy of the note to Mr.Melenyzer and then have it entered as an
going to be material.And if I might,I'd like to exhibit a certified
Prothonotary's Office downstairs until 1952,but I think this note"is
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THE COURT:Just a moment.Even though there is no objectior,
the Court will not receive the exhibit in evidence at this time.Let':;
hear some of the testimony and where it becomes material,then
we will rule on the admission of the exhibit.
MR.CARSON:Very well.Your Honor,at this time,I call
George Gysegem 5
t=====tF=====================*==:
George Gysegem as on cross examination.
GEORGE GYSEGEM IS CALLED AND SWORN AS ON CROSS EXAMINATION.
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EXAMINATION BY MR.CARSON:
Q Your name is George Gysegem.
A Yes.sir.
Q How old are you,sir?
A 68.
Q And Mr.Gysegem,if I ask you a question that you do not understanc,
will you immediately inform me that you do not understand it so
I can rephrase it?
A Okay.
Q Can we agree that you-are a brother of the late Joseph F.Gysegem
who died October 29,1968 ?
A Yes .
Q What was your father's name?
A Edward.
Q When did he die?
A '37.
Q And how old was he at that time?
A 82.I
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Q What was your mother's name?
A Sara.
Q And when did she die?
George Gysegem 6
That's right.
B LAS I C K.
How would you spell that?
Blasick.
What is her name?
Yes,she is.
And is she married?
Did you have any sisters?
And where does Marie live?
That's right.
And I believe Anna and Madeline are living with you.
Anna,Marie,Madeline.
'43.
North Charleroi.
Can you name them please?
Three.
And will you name them please?
Other than Joseph,did you have any other brothers?
78.
Two.
I believe they are both still living?
Albert and Leo.
And how old was she when she died?
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George Gysegem 7
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Q During the 1920's,who handled your mother's affairs?By that I
mean was it you or Joe or Anna?
MR.MELENYZER:Obj eetion,Your Honor.
I don't know.
I can't see the relevancy of who handled the mother's affairs.
the purpose of showing the pattern of the entire handling of the
years,not just the twenties"starting at that period of time.
May I finish my question
Objection,Your Honor.
II,
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The obj ection is sustained;I
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If the Court please"for
MR.CARSON:
MR.MELENYZER:
THE COURT:
MR.CARSON:
I can't see the relevancy of Mr.Gysegem's mother loaning money
before the objection is ruled-o'fi;,_Your Honor?
with his ability to serve as an executor of this estate.
During the 1920's"did your mother ever loan money on mortgages?
If she did loan any money on mortgages"would you----
exception noted.
woven~as the testimony will reveal,for a period of some 30 to 40
family finances of all the family has been intertwined and inter-
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also.
THE COURT:You may finish your quest on.
Q During the 1920 's~did you and your mother ever loan money togeth r?
A I didn't have anything in 1920.
George (jys egem 8
MR.MELENYZER:Objection"Your Honor.
THE COURT:There is an obj ection on
the record and the objection is sustained.
22.1936.
bas ed on there is no apparent reason or relevancy of the loaning
When it becomes relevant I will come back to that.That is when
of his mother's money as to his conflict in interest to the estate in
Very well.Your Honor.
The Court can see no
The objection is sustained.
The same as the other"
Objection"Your Honor.
What was your ground
MR.CARSON:
THE COURT:
MR.MELENYZER:
MR.MELENYZER:
THE COURT:
MR.CARSON:
has been marked Contestant's Exhibit "A"which is dated January
the relevancy is shown.Mr.Gysegem.I show you a note that
relevancy at this time.
his ability to serve as the Executor.
for that objection"Mr.Melenyzer?
Q During the 1930's did your mother ever loan money on mortgages?
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A Right.
Q And is marked Payable to George Gysegem and Anna Gysegem"
and I ask"sir.if you are the George Gysegem mentioned in that
note?
A That's right.lam.
George Gysegem 9
Q After January 22,1936,did your mother ever loan any money
out on mortgages to the best of your knowledge?
MR.MELENYZER:Objection.
THE COURT:The objection is sustained.
MR.MELENYZER:
Yes.
note between the decedent and George Gysegem so there is no
the reason for this"but I just request that maybe he mention the
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Now during the course of this hearing,I will refer from time to timt
to a note,and unless I specifically state that I am referring to an I
entirely different instrument"this will be the note I mean.Do you I
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understand that?
No"sir.
No.
No.
Have you ever been married?
Has she ever been married?
No"sir.
nORsible confusion.
It looks something like it.
tha t ,that is an exact copy of the original note?
Are you married"Mr.Gysegem ?
Incidentally,the Exhibit "A"that I just showed you,do you agree
Is Anna married?
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THE COURT:The Court will see that there
is no confusion.
MR.MELENYZER:Thank you.Your Honor.
Your Honor.There will be other encumbrances of different types•
MR.CARSON:A word of explanation•
mentioned and I will do my best to be specific with each question.
We understand.THE COURT:
married?
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t-eli Q Mr.Gysegem.do you recall when Joseph and his wife Mabel were
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I think I do.
By any chance.do you remember the date?
I don't know the exact date.but it was.I think.in June.I believe •
Of what year?
'36.After that judgment.
Or at least after the date that is on the note.is that right?
Right.
Where were they married?
In church in Charleroi.I suppose.
Were you at the wedding?
No.
Was there any reason why you didn't go?
I delivered milk.
George Gysegem
MR.MELENYZER:I object,Your Honor.
11
I can't see any relevancy of the fact whether he was at the wedding 0
wasn't at theweddiqg.And you've got the deceased's wife here and
she can surely testify as to the date of marriage~when they were
married and where they were married.
MR.CARSON:If the Court please"any
animosity"'if any that is between this witness and Mabel Gysegem
is certainly relevant and material to this proceeding.
THE COURT:The Court can't see where
the attendance at a wedding or the non-attendance at a wedding is
indicative of animosity.The objection :is sustained.
Were any children born to Joe and Mabel?
I think there was one right there.(indicating)
You are indicating their son,Melvin Gysegem,is that right?
That's right.
Incidentally,do you know when he was born?
I haven't got the exact date,no.
Very well.Before the marriage where did Joe live?
Home.
And who else lived there?
Well,dad,mother,two sisters.
And you?
Yes.
And who owned the farm at that time?
Q
George Gysegem
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Iii!I'm not being facetious with you,sir.I was asking a question,who I
'Jiownedit.I gather your answer was your father and mother owned it~,
Right.:1
Well..I believe the house was being built.And they went away,I
How soon after the marriage did Joe and
if you know?
Mabel go into housekeeping;
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know for a few days,and when they came back they went to that
new house that was built on the farm.
And who owned the hous e?
The house was built on the farm.
I say who owned the hous e?
The party that owned the farm.It was built on the farm.
So your father and mother owned the hous e.
Right.
What did Joe do for a living before he got married?
Well,he had a little milk route and peddled milk.
Where did he get the milk from?
MR.MELENYZER:Objection,Your Honor.
relevancy to this proceeding.We are talking about the decedent
We are continually going over matters which do not show any
I
and his work habits and I can see no relevancy of this question,as I
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George Gysegem
Ii!13
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well as the last several questions.And I have restrained from
objecting because of the continual confusion of the Court.Now I
would appreciate..Mr.Carson confine himself to the matters at issu~.
MR.CARSON:If the Court pleas e..the
matter at issue is the execution of a note and since it was executed
I don't know of any.
Before Joe's marriage,did he ever make any mortgage loans to
in 1936..allegedly..why..I have no choice but to go back some 30
The objection is sustained.
Objection..Your Honor.
The objection is sustained.
Objection..Your Honor.
It is not immediately
MR.MELENYZER:
MR.MELENYZER:
THE COURT:
THE COURT:
Could he have rna de any without your knowledge?
yourself,is that right?
pertinent.We will sustain the objection.
THE COURT:
your knowledge?
So you never joined him in making any loans before he got married
years with my questions.
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Q Mr.Gysegem..were you in the Court before Judge Cummins in
1953 when Jose r:h was sentenced to pay through the Parole Officer
George Gysegem 14
the sum of $150.00 per month for the support of his wife and child?
MR.MELENYZER:Objectionl Your Honor.
THE COURT:The objection is overruled.
This may be leading to another matter that may be relevant.We
The Court has ruled.You may answer the question.
and child that amount?
for ·the payment of that sum.
Yes l I deny it.
The next question would
Yes.
THE COURT:
I submit the record downstairs wills peak for itself on thatl Your Ho or.
All right.Do you deny that an order was made in that Court for
the payment of $150.00 per month ordering Joseph to pay his wife
necessarily bel do you deny that an order was made in that Court
(Stenographer reads back last question).
And did you hear----
What was never saidl sir?
THE COURT:
I was there but it was never said .
will overrule that objection.
I may answer the ques tion?
This here one hundred.whatever the sum was.It was never mention~d.
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THE COURT:You will have to get the
record and introduce it.You cite that record in your history of
the case.but you'd have to get the record.
George Gys egem 15
MR.MELENYZER:As to this particular point,I
I think his statement was he said he didn't know or didn't hear the
sum mentioned.He didn't deny it.
THE COURT:We are not going to re-
Gysegem?
habilitate this witness by counsel's remarks.His remarks are on
a hearing was held on a modification of the support order of Joseph
Q Were you in the same Court before Judge Cummins in 1965 when
For my own personal
Allright.We will do that
The record will speak for
I didn't ask for that.CoulMR.MELENYZER:
now.
THE COURT:
knowledge.
THE COURT:
MR.MELENYZER:
itself•
this be read back to me so that I might---
the record.
(Stenographer reads back last few questions and answers).
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Q '55,I'm sorry.June 17,1955.
A No,I was not in that room at that time.
Q Do you know that Mabel Gysegem brought a suit in Equity on March
5,1953 against Joseph Gysegem to make him return to her one-hal
George Gysegem 16
of the monies that he and Mabel had in their joint names in the
Monessen Federal Savings and Loan Association and in the Charleroi
Federal Savings and Loan Association which he had personally
withdrawn?
I can't answer that.
Yes"I understand.
bring the modification up later.
which was later revoked~was then reinstated in 1955?
Mr.Carson~May I suggest'THE COURT:
Did you understand my question?
In other words~then you don't know if the Court made a new order
Thank you,Your Honor.Mr.Gysegem,are you aware of the
modification of that order and state what it was.And then you can
the modification was"if any.This Court would like to know,will
you ask this witness whether or not he has knowledge of a certain
fact that at the June 17"1955 hearing,the previous order of 1953
of the order"he said that he was not in Court when the application
on the other question that you previously asked,on a modification
for modiffcation was made.But you probably have knowledge of wha
Do I know about it?Yes~I know about it.A
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ordering your brother Joseph to support his wife or not.
A The second hearing?
Q Yes.
A No"I couldn't answer that.
George Gysegem 17
Q Very well.
THE COURT:Mr.Carson,will the reco:rd
show that the modification was simply a reinstatement of the
previous order?
MR.CARSON:Yes,Your Honor.
I don't know.
orders of support?
order and the modification order when it suits your convenience.
Isn It it a fact that he was put in jail for contempt of Court for not
Yes,Your Honor.Do you
Yes"Your Honor.
This witness says he has
In the same amount?
MR.CARSON:
MR.CARSON:
THE COURT:
THE COURT:
My assoCiate says it is his recollection there was a change of $5.00.
no knowledge of it.You can bring to the Court both the original
reduced it to $150.00.
I believe the original order was $155.00,and then the reinstatement
know whether or not your brother ever complied with either of those
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MR.MELENYZER:Objection"Your Honor.
The witness has testified that he is not even clear as to what the
orders were and he wasn't there,so how could he know whether
or not his brother complied with the order of the Court when he
wasn't even present at the time?
George Gysegem 18
THE COURT:It would be possible that
he would find from various sources what the order was and whether
his brother complied with the order or not.The question is permitt d.
The objection is overruled.
(Stenographer reads back last question).
THE COURT:If we had a jury here in
Court the Court would not permit the question,being in jail.This
Court is not going to be prejudiced or influenced by that matter.So
we will get the answe r as to the relevant part,which would indicate
whether or not he has paid the order.Can you answer the question,
sir"whether or not you know if he had defaulted in the payment of
that order and because of his default he was jailed?
Right,he was jailed.
How many times was he in jail over this matter?
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answer,sir.You may continue.
Well,I believe twice.
You know that?
All right,you have your
Q Do you know for how long?
A All together,I know he was in there pret'near a year because when
Judge Cummins released him he told me to take him right to the
hospital,he couldnrt wa~k from being on the cement floors day and
night.
---------u---------------------------------
George Gysegem 19
Q And were you instrumental in securing his release from jail?
A How is that?I didn't get the ques tion.
THE COURT:Were you instrumental in
securing his release from jail?Did you have anything to do with
securing his release?
They made me pay three hundred seventy some dollars.
Judge or have an attorney go to see the Judge or whatnot?
That three hundred seventy some dollars paid.was it out of your
All right.That settles it.
You were paying part of
So that he would be releasE d
Yes.Did you go to see the
THE COURT:
THE COURT:
THE COURT:
THE COURT:
That $377.00---
I said seventy some dollars.
Right.
from jail.
They said they wanted three hundred seventy some dollars and he
From Jail?"
the costs or what was it?
was a crippled man and that paid it.
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A I gave the check.
Q Yes.,but was it out of your funds or out of Joseph's funds?
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George Gysegem 20
Did you have any of Joseph's money?
Who said I had,Joseph's money?
How could it be out of Joseph's funds if I gave the check?
fact that it was written on his name by his check does n't prove
He answered it but he didn t
Okay.Your Honor.I
Well~the witness is evadin~
Objection~Your Honor.
MR.MELENYZER:
MR.MELENYZER:
THE COURT:
THE COURT:
Yes.
thought he answered.
that it is his money.His brother could hand him the money in cash
The witness has answered the question.As to whether or not he
answer it fully.Was it your money~sir?
had Joseph's money~I can't understand the relevancy of this either.
All he is asked is was it your money or your brother's money.And
at the same time.The question is whose money is it?
it's a very simple answer.It was either mine or my brother's.Th
I haven't got none of Joseph's money.
the crux of the question.And we are not going to permit him to do i .
If you had som e of Joseph's money you could.
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THE COURT:All right.That's it.
If you'd-..answer these questions directly~we won't have so much
go-around on it.
A I'm sorry.
George Gysegem
At that time,did you have any of your brother's money?
I ain't got a dollar off of my brother.
Did you ever get any money from your brother?
No.
At no time?
No..sir.
21
MR.MELENYZER:
THE COURT:
Objection..Your Honor.
The obj ection is sustained.
Did you have any knowledge of the Equity suit that Mabel brought
agains t your brother concerning money in their joint names in a
savings and loan association in Charleroi and Monessen?
I answered that once.
I'm sorry.I thought I had asked the question but I didn't realize
it had been answered.
I answered that once.
What was your answer,sir?
Yes.
That case was eventually settled by Joseph giving half the money,
wasn't it?
You know.
Am I correct?
You know.
Please say either yes or no.
You know;you've got it down there.I answered that question once
----------------..-----------------------------
George Gysegem 22
before.That makes it three times you asked me that question.
Q Will the Court direct the witness to answe r the question please?
THE COURT:Mr.Gysegem..you will
make things much simpler and easier for yourself and counsel and
can say..I do not know..sir."It's simple.
for this Court if you will answer the questions directly and quit
question.He asked if..upon the settlement..half was paid by one
arguing with counsel.In the prior question you answered that
All right.You could have
That's the question.WasTHECOURT:
THE COURT:
The answer is yes.
(Stenographer reads back last question).
counsel wants to know.If you know..you answer;if you don't know..
party and half by another or whatever the question is.It's a different
you just say you ~on't know.It's a simple thing.Is it yes?
question.Now if you know that"answer it.If you don't know..you
it eventually settled by Joseph giving half the money.That is what
you knew about that situation that he asked.·But this is a different
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Q And how much money did he pay her?
A I don't recall the amount.
Q Can you approximate for us?
George Gysegem
A No.
Q Would you say it was approximately $6$OOO?
23
MR.MELENYZER:Objection~Your Honor.
He said he can't approximate it and he is asking now that he approxi-
mate it at a certain figure.
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with desertion?
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that.
Yes.
THE COURT:
MR.MELENYZER:
Well~we won't go into
Objection$Your Honor.
Again.I can't see what the filing of the divorce action by the decedeI t
against his wife has to do with the matter before the Court.
THE COURT:It is a relevant circums tan e
George Gysegem 24
as to the background of this whole matter.We will permit the
question.I think he answered:it yes.You may continue.sir.
Q Do you also recall that through her then attorney.Mr.Sismondo.
Mabel contested that case.is that right?
A Right.
the objection.
was the owner of several rent-producing properties.and was
was dropped by your brother?
The allegation of Mabel in
That allegation..Your Honor .
Just a moment.You are
MR.CARSON:
THE COURT:
THE COURT:
possessed of considerable wealth estimated in excess of $100..OOO?
Do you recall that?
Very well.Do you recall that shortly after the contest the action
And at that time..doyou also recall that Mabel alleged that Joseph
Gysegem was part owner in a large farm and dairy business and
the divorce action?It is not pertinent to the issue.We will sustain
asking whether he recalls that---
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A Yes.
Q In the fall of 1952J you were at that time represented by Attorney
D.M.McCloskey..weren't you?
A Me?
Q Yes.
THE COURT:In what capacity?Where?
George Gysegem 25
an execution process on this note~Your Honor.
On the note?
MR.CARSON:
THE COURT:
F or the purpos e of institutin
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MR.CARSON:Yes.
THE COURT:Welll that is part of the
Yes.
All right.You may answerTHECOURT:
MR.CARSON:
value received?Am I correct on that?
in Mr.McCloskey's office~that the note had been given for full
And am I correct that as part of that foreclosure proceeding you
made an Affidavit before Elizabeth K.Fitzgeraldl a Notary Public
Right.
Yes.
And am I correct that in the spring of 1953 the actual foreclosure
was begun?Am I correct?
that ques tionl sir.
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A Yes.
Q And is it not true that after the execution was issued and the sale
advertised by the sheriff~that Mabel appeared with her attorneYI
H.Russell Sthalmanl and filed a petition to open that judgment~
charging fraud;and that accordinglYI Judge GiJ;son~in June of 1953
-------..---------------------------------------
George Gys egem 26
stayed the entire proceeding?
Some.
Yes.
on the trial list for trial?
Right.
Objection.Your Honor.
You may do so.
We will permit that question
MR.MELENYZER:
THE COURT:
THE COURT:
Beginning with what year?
Did you ever collect any interest on that note?
Again..we are getting into the details of the note..which.so far.
he's admitted the note was executed.There is no question about it.
May I rephrase the question then.Your Honor?
open a judgment and that Judge Gigson stopped the sheriff's sale?
Do you recall then.Mr.Gysegem..that Mabel filed a petition to
And then do you recall that Attorney McCloskey then put the case
was a proceeding to open the judgment.
fraud.We are not interested in what the charge was;only that there
with the exception of the matter of stating that there was a charge of
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He does admit it is a valid note.
MR.CARSON:If the Court pleas e..it goes
to the degree of his interest.
THE COURT:The objection is sustained.
27GeorgeGysegem
!
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I Q After the sheriff's sale was stayed by the Court and all proceedings I
!
were stayed by the same order"did you take any other action to
collect that note?
CONTINUED EXAMINA TION BY MR.CARSON:
A No.
GEORGE GYSEGEM RESUMES THE STAND.
Which doctor?
We will take a ten-minuteTHECOURT:
recess at this time.
* * * * * * * ** * *
Dr.Haines.
No"he went to the doctor.
Who?
that right?
(At the direction of the Court~off-the-record discussion was not I
And how soon after that did he go back to work on the farm?
Mr.Gysegem"it is my recollection that you earlier testified that
Dr.Haines on Washington Avenue in Charleroi.
Did he go to the hos pital ?
Yes.
you helped get Joe out of jail so that he could go to the hos pital.Is
recorded by the stenographer).
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A Well~it was~I just can't tell you exactly how long.It was quite
awhile.
Q And did he then eegin to comply with the Court Order?Did he start
making payments ?
28
A
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I don't know.
If he had made them~would you have known of it?
I don't know how I would.
Weren't you familiar with your brother's financial affairs?
No.
Now that would be 1955 we are talking about"right?
1955"yes.
And you were not familiar with your brother's financial affairs at
that time?
No.
iii~Q Did you have any financial dealings with him in 1955?
II:oQ.~A Not that I can recall.
t-Il:8Q Did you have any financial dealings with him in 1954?
oJ<~A No.ILILo
Q How about 1953?
A No.
Q 1952?
A No.
Q Well~how about 1951 ?
A No.
George Gys egem
Q In other words"you had no financial dealings with your brother betwern
,
No.
No.
period of tim e?
1951 and 1955..is that right?
No.
No"I don't.
is?
If you had a mortgage or someone owed you money---incidentally..
Just to make sure that you understand..do you know what an assignm nt
Did he make any assignments to you during that time?
Did he sell you any personal property during that time?
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What do you mean~this financial dealings?What do you mean by tha1?
Well~did you sell him any property or any personal assets in that ;
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have you ever made a mortgage to people yourself?
Yes.
All right.Now if..later on..you were to sell your interest in the
mortgage to a bank..that would be known as an assignment.That
is what I mean by an assignment.Do you understand me now?
Yes.
Q All right.Now during the period of 1951 to 1955..did you make any
assignments to your brother Joseph?
A Yes.
Q What did you assign to him?
George Gysegem
A Well,he had a couple shares of stock.
Q Do you understand.l JIm not asking if Joseph assigned anything to you.
I am asking you if you assigned anything to Joseph.
30
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No.
All right.Now did Joseph,during that period of time,make any
assignments to you?I think you started to say something about some
stock.
Yes,a couple shares of stock.
What company was that?
Toledo.
I'm sorry"I didn't hear that.
Toledo.
Toledo-Edison?
Yes.
And how many shares of stock was it?
.I believe two.
And ~did he assign any other stock to you at that time?
I believe that's all.
He didn't assign anything else to you during that time then,did he?
No.
Well,so we have no misunderstanding then,am I correct,it is
your testimony that between 1951 and 1955 the only thing he ever
assigned to you during that period was two shares of Toledo-Edison
stock?
------------",---------------------------------------------,
George Gysegem 31
A That's all I recall~all I can remember.
Q He didn't assign any stock in the West Penn Power Company?
A No.
Q He didn't assign any other stock to you?
A Not that I recall.
Not that I know of.
himself?
And did he assign any mortgages to you in thatperiod of time?
~ring this time~did Joe have any money loaned out on mortgages
Objection~Your Honor.MR.MELENYZER:
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before the Court•
MR.CARSON:
of the witness~Your Honor.
It is testing the credibility
that his brother did not assign any to him during that period.
I am not sure if I have ever asked this s pecific question~and I will
but I think he's already answered it in prior questions.He answered
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THE COURT:We will permit the question
do so for the sake of accuracy~do you now say that your brother
never assigned any mortgages to you in the year 1952?
A Not that I recall.
Q I see.Mr.Gysegem"on July 14"1952~didn't your brother Joseph
assign to you the mortgage of Milton Wilkes and Margaret Wilkes
George Gysegem
in the sum of $2"000 which was of record in the Recorder's Office
in Westmoreland County in Mortgage Book 503~page 18?
A Yes"I believe he did.That's paid off.Them people paid that all of •
Q But wasn't that assigned to you on July 14"1952 by your brother?
32
A
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,Yes.
An~how much did you pay him for it?
Whatever the sum was.I ain't got this all down.
And also on July 14"1952"incidentally~that would be about two
months after Joseph and Mabel separated~wasn't it?
Yes"around that time•
Recorder's Office for Westemoreland County in Mortgage Book 766"
Didn't Joseph assign to you the mortgage of John Ondulick and Agnes
M.Ondulick in the sum of $4500.Oq,which mortgage was recorded ir .the
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Yes"but it wasn't that sum.That was all paid down"Rret!near.
If that is the case~isn't it a fact that that particular mortgage was
not satisfied until May 17"1960?
Yes.
I thought you just said it was almost paid off in 1952.
A Well~when he assigned it to me there was very little left on it to
pay.
Q But it still took eight years to pay it off.
MR.MELENYZER:Objection~Your Honor.
It took eight years to satisfy it;it didn't take eight years to pay it 0 w.
George Gysegem
The proof that he has in the record tha t he shows it was satisfied
eight years later..that doesn't mean it wasn't paid off before that.
33
MR.CARSON:I object to counsel trying
to rehabilitate the witness in that fashi on.
THE COURT:
for us if he wishes.
Q Now were there any other mortgages?
THE COURT:
to that..Mr.Carson.
(Stenographer reads back last question).
A Yes.
The witness can clear that ~p
I don't think we got an ansVl er
Q In the meantime..you collected interest on that mortgage,didn't you?
A Of course"yes.
Q And you reported it to the Internal Revenue Service?
A Yes.
Q Did you also report the Ondulick mortgage to the Washington County
Personal Property Tax Bureau beginning in the year 1953?
MR.MELENYZER:
THE COURT:
MR.CARSON:
the objection..Mr.Melenyzer?
THE COURT:
Objection"Your Honor.
The obj ection is sustained.
May I ask the reason for
I don't see,Mr.Carson..
how it is going to help the record any to try to determine what the
George Gysegem 34
reason for counsel's objection is when the Court;has already sustain d
it.
Q Very well.Now Mr.Gysegem~with reference to the $15~500.00
note~when did you first collect interest on it from Jos eph ?
A I don't recall.
Did you ever collect interest from him?
MR.MELENYZER:Objection.r Your Honor•
The objection is overruled.THE COURT:
Again~we are--
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But you can't tell us what year?
I don't have that.I don't know just what year it is.
Do you have those records at home?
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I suppose so.
And if it becomes material~could you bring thos e records to Court?
I will loo~it up and see if live got them.
At the same time would you bring to Court your income tax records
and your personal property tax records from 1952 to date?
MR.MELENYZER:Objection~Your Honor.
I see no relevancy of this either.
THE COURT:Counsel is making a reque ~t
that the witness bring those records that he has referred to with hin .
for possible future us e.
George Gysegem
MR.CARSON:In refreshing his recollecti ~m,
35
Your Honor.He's already said he doesn't remember.
THE COURT:For possible future use,wl at-
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ever it may be.And the mere fact that we willpermit him or requirE
him to bring the records here in Court does not finally rule our
disposition of any matter concerning them and whether or not they
will be introduced into evidence or whether or not counsel will be
permitted to interrogate the witness about them.We are not going
to pass on that proposition until it is properly-presented in the recor d.
If it is within his power to bring the records into Court and he
finds them,he may bring them here.We will rule on the matters
concerning the records as they are presented to the Court.
Mr.Gysegem,is it possible for you to bring your Federal Income
Tax records from 1952 to date to the Court and your Personal
Property Tax Returns for 1952 to date to the Court?
If I still have them,yes.
And will you bring such of thes e records as you can find with you?
Yes.
Those that you can't find,will you or your counsel send to the
Internal Revenue Service to secure copies of them?I am sure you
are aware of the fact that they can be photostated.
MR.MELENYZER:Objection,Your Honor.
I will say this much:if the Court desires me to do it"I will go
George Gysegem
ahead.But I can't see where we can ask them to go ahead and spend
money to produce records and---
36
THE COURT:The Court will not order
you to do so.If he has records at home"he can bring them.And
that will conclude the matter.
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Did you report this note for Personal Property Tax purposes between
1936 and 1952?
I don't recall.
When you bring the other recordsJ will you also bring the records
for the Personal Property Tax Return for 1936 to 1952 if you can
find them?
If I can find themJ yes.
IncidentallYJ why did you wait 16 years to enter that note?
Why did I wait that long?
Yes.
16 years?
16 years from 1936 to 1952.
WellJ when you carry an umbrella you don't open it until it rains.
That was right after the separation took place.wasn't it?
A Yes.
Q So how do you mean you had like an umbrella for when it rains?
MR.MELENYZER:ObjectionJ Your Honor.
He's answered the quest ion as to why he basically reported the
thing at that time.And I also think that it is irrelevant as to matters
George Gysegem 37
before the Court.It's a matter of record.
Q I will withdraw the question then.Mr.Gys egem~are you aware
of the fact that Jos eph made a note to your sister Marie Blasick in
1953 for $7"OOO?
A Yes.
Yes •
I don't recall.
Before or after Marie's note?
~Q Was it entered as a lien anyplace?Was it 'entered of record anyplac p?
~:i~A Yes.zzIII
11..Q Where?zo...~A In Westmoreland County.
:rIII~~Q Was your note entered in Westmoreland County?
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Actually~yours was entered over there in October of 1952"wasn't i ?
Objection"Your Honor.MR.MELENYZER:
note"does that help your recollection?
It may be right•
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He's already answered the question.He didn't know when it was
entered.And I still again don't see the relevancy of the fact
what order they were entered has to do with this.
THE COURT:The objection is overruled
(Stenographer reads back last question).
George Gysegem
A Yesl if that's the date.
38
Q About a week after he entered it here in Washington County.
A Yes.Something like that.
Q
A
You went
Yes.
there personally and filed it,didn't you?
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And Marie's note was entered in February of 19531 right?
Yes.
And you postponed your lien in favor of Marie,didn't you?
Yes.
Why?
Welll you want to know why?She gave him that check,in which he
has the check to show that they got that money.
She gave who what check?
She gave the check to Russell Sthalman and Mabel Gysegem ,..that
check for that sum of money.
For $7,OOO?
I believe it was p'r.et!near that.
This morning you said you didn't know what the amount of that
settlement was,didn't you?
I ain't sure yet.
MR.MELENYZER:Objec~ion,Your Honor.
He did not say this morning in the recordl as I recall,that he
didn't know what that order was.It was an order of a monthly supp<rt
George Gys egem
I
I39
c
order.
MR.CARSON:No,sir~I didnIt sayan
order of the amount of the check;the amount of the settlement.
THE COURT:We are not going to argue
about it.He says now that he recollects.
Yes.
I think Marie has them•
I don't know about that.
What did he do with the money then?
So you say the am ount of that settlement
els e..right?
And Joe had put that money in the names of Marie and somebody
Mabel had demanded her half of the bank accounts..right?
Well"why did Marie have to loan him the money when Joe already
You can go up the cemetery and ask them that;I don't know.
The amount of judgment"yes.But the check"I don't think was
He knows now~I think.
All right.Now that was in settlement of the Equity Action where
quite that much.Maybe it was two checks.We have them if you wa t
to see them"I can bring the checks.
was $7,000.
I see.All right.Now do you have them or does Marie have them?
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had over $12"000 himself?
A I don't know.
Q Wasn't this because Marie was mad because she hadn't been named
----------..----------------------------------------
George.Gys egem 40
on that original note ?
MR.MELENYZER:Objection"Your Honor.
How could he know whether Marie was mad ?
THE COURT:The objection is sustained.
Q Incidentally"did Anna have anything to do with this note that Joe
You mean the judgment note?
Weren't you there when Marie's note was entered in theYes.
~gave Marie?
z~~A I don't know.
Ulzz~Q Weren't you there when Marie's note was entered?
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Prothonotary's Office of Westmoreland County?
Yes~I was there.
Well"was Anna with you?
I don't recall.
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Was Marie with you?
Yes.
Was Joe with you?
I think he was.It's been a good while;it's pretty hard to remember
all those things.
Q You were there yourself though?
A I believe I was"yes.
THE COURT:Mr.Carson"for clarity ir
the record"may I suggest that we try to dispose of the matter of
the postponement of the lien?You inquired as to why he had post-
George Gys egem 41
poned the lien of his judgment to the others.And he answered~if
I recall correctly~something about a check being written by one of
the parties to someone else..That doesn't conclude the matter
satisfactorily in the Court's mind.I would like to know more about
that.
I don't know.
I understand.
in favor of Marie's note?
Didn!t you tell him to do it ?
Who was the attorney that
THE COURT:
Yes ..
Did you tell him to do it?
I don't know.I can't answer that.
Why did Anna do it?
Why was tha t done?
Do you understand what the Court and I are talking about?We are
I think it was Dave McCloskey and Russell Sthalman.
THE COURT:
Who was the attorney that handled that matter~if any?
talking about when the lien was postponed on February 28~1953.
looked after that?
Why can't you answer it?Why won't you answer it?
Why?That's a question I can't answer.
It's a questiiOn~I can't answer.
I see.Mr.Gysegem~why did you postpone the effect of your note
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Q Can you tell us why Marie had to give the check?
A I don't know.
Q Joe had the money"didn't he?
A Not that I know of.
42
•
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What happened to that $12"500 that was involved in the Equity case?
Well"you can ask somebody else that question.I don't know.
For example,why wasn't it used to pay off your note?
I don't know.
Why wasn't it used to pay Marie back?
I don't know that either.
You don't know why it wasn't us ed to pay Anmeither,do you?
No.
Incidentally"at this time"Joe owned some real estate in Monessen"
didn't he?That was in 1953.
lti~A Yes..he had a house over there he got from his home.a:oII.~Q And he still owns that..doesn't he?
I-a::J8 A Yes"he still owns that.
.Jc~Q So that would be one of the assets of the estate.
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A Ritht.
Q Incidentally"is Marie's note s till outstanding?
A I believe it is.
Q Now if Marie's note is outstanding and if you are appointed as executbr"
will you see that it is paid?
A Well"I'll go according to law and according to the will.
-----..-----------------------------------------George Gysegem 43
Yes.
paid at that time from the $12"ODD?
And also.,will you investigate to see whether or not Marie was actua y
Q And if you are appointed executor"will you take any steps to investig te
the validity of that note?
A That's a question I don't understand what you mean.
Q If you are appointed as executor"will you investigate to see if
this claim against the estate is a valid claim?
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Nothing.
What consideration did you pay Joe for the Wilkes and the Ondulick
mortgages in 1952?
What I paid Joe?
Or did you pay him anything?
Whatever the balance was,that was unpaid"he got the money.
Well"did you pay him the money then?
Yes.
What did he do with the money?
I don't know.
Q Wasn't it a short time after that he told Judge Cummins he had no
money?
A I don't know that either.
Q Are you now returning the $15.1 500.00 note on your Personal Proper y
----------------------------------------------.....,
George Gysegem I,44
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A Yes.The balance of it.
•
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Q
What is the balance now?
And when did it become that balance?
What was the balance before that?
I don't recall.I'd have to hunt the papers up.
But the original balance was $15"500.00"right?•
~A Well,I don't exactly know the date"but---z~~Q Was it 1967'?
z:z~A What are you referring to then?
ioI-~Q When you filed---when the balance was reduced to $9"000.
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And you so reported that to the Personal Property Tax Bureau.
He's answered that question twice on two different occasions.i,
THE COURT:Yes.I think that is repetit~n.I~
Very well.As the balance was reduced,did you make an appropria~e
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MR.MELENYZER:Objection"Your Honor.
For example,an investigation--
MR.MELENYZER:
Yes.
report to the Personal Property Tax Bureau on the following year?I
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Objection"Your Honor,tolI;
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Q
George Gysegem
the line of questioning concerning these Personal Property Returns.
45
•
yet.
THE COURT:
MR.MELENYZER:
THE COURT:
We don't have the question
I'm sorry,Your Honor .
Will you complete your
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question?
If I were to tell you that the Personal Property Tax Returns for
Washington County shows the balance due on the note in 1961 to be
$12"000,does that help your recollection?
Well,if that's what you found,)that must be it.
If that's what it shows,that's what it must be•
To the best of your recollection is that correct?
All right.And I found in 1962 it shows the balance to be $10,000•
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A No.
iii
II:~proceeding,wasn't it?
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II:;)8 Q And at that time what did you pay for Joe's share of the farm?
oJ<~A I think around $5,000,I believe.
lI.o•Q Now did you pay him that in cash?
Q You paid that by credit on the note,didn't you?
A Right.
Q Can you explain to the Court then why,when you made a payment,
gave the credit on the note of $5"000,thatyou only reduced it by
George Gysegem
$2~OOO?
46
THE COURT:
Property Tax Return.
Q Yes.
That is on the Personal
A Am I allowed to say something?
~Q Yes.
z<~A My sister owned half of that property,right?And I gave my sister
1/1z
~a check for $2500 for the half of that.I bought my sister's share
zo~of the farm.I bought the two sisters out and I got the checks,thez
:z:1/1;cancelled checks to show you,and I own three fourths of the farm.
How much did you pay your sisters for their share?
I paid them each $4"000.
That still doesn't explain why you reduced the note by only $2"000
after giving a credit of $5"0.00 on the records in the Prothonotary's
it that amount.He answered the question.
Office of this county.So will you please explain the difference?
I think if you will look at the testimony,it does state why he reduced
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MR.MELENYZER:
I didn't follow him"Your Honor.
MR!.MELENYZER:
Objection"Your Honor.
He said he owned half of it.
He owned half of it.l!as I recall"is what he said.
THE COURT:The objection is sustained.
We are not going to go any further into this proposition.We know
that a credit was given on the note.And this Court is not concerned
George Gysegem 47
about Personal Property Tax Returns.
MR.CARSON:If the Court pleas e.I may
not have rna de myself clear.at all hereI but the Personal Property
Tax Return that I am referring to was filed jointly in the names of
along here.
the matter any further.The objection is sustained.
normal procedure of exception being noted as of record is going
George and Anna Gysegem.It was not in the individual name of
The objection is sustained.
Objection..Your Honor.
Thank you.Did you,buy
Exceptions are all automati ally
We are not going to go into
I assume Your Honor..that
THE COURT:
MR.MELENYZER:
MR.CARSON:
THE COURT:
MR.CARSON:
THE COURT:
the Court today.
$11..OOO?
noted without any request.
Buying the sister's interes t has no relevancy at all to this matter be ore
your sister's shares before or after you sold the Freeport Coal for
George ,Gys egem.
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A Yes.
Q When?
MR.MELENYZER:Objection.Your Honor.
George Gysegem 8
Again,I can't see the relevancy.
THE COURT:The objection is sustained.
Q The attorney that repres ented you in this partition proceeding was
Attorney Thomas Anderson~right?
I don't recall.
I don't recall whether he was there or not.
And in spite of that order you went ahead with the partition?
the partition proceedings and the fact that the proceedings were
The objection is sustained.
Objection"Your Honor.
THE COURT:
MR.MELENYZER:
You didn't identify Joseph to the sheriff?
It's repetition.
Did Joseph go to the Sheriff's Office to aid the sheriff in serving hin ?
Did Joseph go with you to Mr.Anderson's office at that time?
We have been through this phase of the questioning before concerning
stayed.
Did you tell him that Judge Gibson had made an order staying all
Yes.
Yes.
proceedings on the judgment note'?
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MR ..MELENYZER:Objection~Your Honor.
I can't see the relevancy of identifying his brother to a sheriff has
to do with this proceeding.
THE COURT:The obj ection is sustained.
George Gysegem 49
MR.CARSON:May I state for the record,
as well as the exception,that this conforms to the over-all pattern
that we are alleging,Your Honor..the pattern of cooperation to defra ud
my client of her right of dower.
THE COURT:The Court cannot see the
The objection is sustained.
Objection"Your Honor.MR.MELENYZER:
THE COURT:
~immediate relevancy of the matter.The objection is sustained.
z~~Q To the best of your knowledge"was any notice given to anyone otherenzz
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II.than to yourself of the partition proceedings sale?
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When was the last year that Joe paid you any interest on this
originally $15"500 note?
I don't recall.
When was the last year that you reported the receipt of any interest
ai0:~to the Internal Revenue Service?
0:oa.~A I don't recall.I'd have to hunt that up.
t-o:
::l8 Q But you have reported it when you received it?
.J~~A Yes ....o
Q This note was last revived in 1967..wasn't it?
A Yes"I believe it was.I think Joe was with me.
Q And do you recall whether or not any interest was reported at that
time as being due?
A No"I don't recall that.
Q Do you recall if the revival shows any interest being due?
George Gysegem 50
A I don't believe~it.did.
Q Now if you are appointed executor"will you try to oollect the note
as one of the owners or will you contest it as the executor?
A According to law and according to the will.
to the will.
A All that can be done •
Q What will you do?
A Me"a lawyer?
If the Court please,it is
Objection"Your Honor.
MR.CARSON:
MR.MELENYZER:
judgment?
$15,500 judgment note"and this is a matter of record before the
probate of the will that the executor of this estate,is,to pay the
I think at this time if I might enter this,the record shows by the
certainly a duty of the executor to also protect the rights of any
Court.Therefore"any executor would be compelled to pay it.
Q What will you do to contest the note ',in the proceedings to open the
Q What will you do to collect the note?
A Me"if I'm executor?Just go according to the law and according
Q Are you a lawyer?
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creditors and the heirs.
:THE COURT:.The Court and the Executor.
are not bound by the terms of the will if it be known that the terms of
the will are in contradiction to the actual facts.The question as
George Gysegem
to what this executor will do in the event that he is appointed under
the will is a proper question and should receive an answer.
Q Will you now answer my question as to what you are going to do?
Are you going to endeavor to collect the note or are you going to
endeavor to defend the estate against the note?
51
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Well.if it's possible.collect it.
Of the present balance of $9~000,how much of that is owed to you?
Owed to me?Half of it.
Now if the note is paid.it will wipe out the estate.won't it?
It just all depends on what the property brings.
Are you familiar with the property?
Yes •
How much is the North Charleroi property worth in your opinion?
In my opinion,around $6,000.
iii~Q And how much is the Monessen property worth.in your opinion?
II:oa..~A I think around the same figures.
t-Il:8Q Do you know the present balance of Marie's note?
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~A I don't--I'm not exactly--I'm not sure;I'd say no.
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Q Well.it's big enough so if you add it and your note together it
would wipe out the estate.right?
A At that prices..yes.
Q And under those circumstances.Mabel wouldn't get anything on her
judgment for non-support.would she?
I
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A No.
George Gysegem
Q And under those circumstances"she wouldn't get anything as his
widow"would she?
A No.
Q And she wouldn't get any dower either..would she?
A I didn't get you.
(Stenographer reads back last question)
52
THE COURT:
means.
Q Do you understand what dower means?
A No"I don't.
If he understands what dow r
1_
Q I think the Court and the other counsel will agree with me that
dower is a right that a woman has in her husband's real estate..whiclh
is roughly one third.
A Not with those figures,no.
Q Or if she elected to take against the will..where there is one child"
she would be entitled to one -half of the value thereof.But under
these circumstances,she wouldn't get a nickel,would she?
A Under those figures..no.
Q Aren't those figures substantially,,'correct"in your opinion?
A As far as my knowledge..yes.
Q Do you know of any otre r assets that would properly be part of the
estate?
A I think around $400 in a checking account..maybe a little better than
George Gysegem 53
$400.00 in a checking account"I believe.
Q If you are appointed executpr."will you investigate to see what happe ed
to the money that George received from the payment of the mortgage s
he had out?
A Payment of the mortgages he had out?Yes.
Do you now have any idea of where that money may have gone to
in these bank accounts that was subject to the Equity proceeding?
And will you investigate to see what happened to the $12,000 that waE
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Yes.
Yes.
so you have someplace to investigate?
No",I have no idea.
THE COURT:It would appear to the
***~::****
1:30 olclock this afternoon.
are now at the lunch period..We will recess at this time until
Court that the examination of this witness will be protracted.Weiii
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THE COURT:You may proceed.
George Gysegem
GEORGE GYSEGEM RESUMES THE STAND.
CONTINUED EXAMINATION BY MR.CARSON:
Q Mr.Gysegem)I believe you said that your mother had died in 1940,
I beg your pardon"1943.
54
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Right.
An:!am I correct that she deeded the farm over to the four of you in
1940?
Yes.
Now that would be you"Madeline)Anna and Joseph.
Right.
Did she have an estate after her death?
Yes.
And who was executor?
Me and my sister.
When you say your sister)you mean Anna?
Yes.
And am I correct that as part of the distribution of her estate,Joe
received over $4~000 in personalty?
I think that's it.
And am I also correct that there were some six or seven pieces of
real estate that was left to the five of you,counting Marie?
A That's right.
Q And those pieces of real estate were later distributed among the
five of you by deed so that each of you ended up with one piece.
George Gysegem 55
A That's right.
Q And that required Mabel to sign the deed for,several deeds for
Joseph,didn't it?
Yes.
Right.
And she signed them.
At the desertion and non-support hearing,which you attended
Your Honor I may I ask
Objection..Your Honor.
The objection is overruled.
MR.MELENYZER:
MR.MELENYZER:
THE COURT:
1953.Now you mention 1952.
Not that I know of.
by Joe or at least was not denied?
in 1952..didn't Mabel state that at that hearing and wasn't it admitte<
one question?I thought the testimony before said the hearing was
Now were you aware that in 1952 Joe had threatened to have his
I donIt recall.
to your sisters?
interest in the farm partitioned when Mabel refused to sign it over
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first hearing is in '52 and the second one was in '55.
MR.MELENYZER:I'm misinformed.I
thought it was '53 and '55.I don't know which---
MR.CARSON:Either one or the other.
George Gysegem
Were you aware that on May 12"1961 a judgment for support of
Mabel and Melvin was entered in favor of the Commonwealth of
Pennsylvania against Joseph for the sum of $10"750.00?
A Yes.
56
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THE COURT:
MR.CARSON:
THE COURT:
for the support of wife and son.
MR.CARSON:
THE COURT:
Mr.Carson"who is Melvir ?
The son.
So the judgment was
Yes.
Very well.
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Now that was four months prior to your buying the property at the
partition proceeding"wasn't it?
Am I allowed to say something?He paid $55.00 a month for that so
until he was 19 years of age.
Now when did you learn that?
I know it.
This morning you told the Court you weren't aware of the payments
that were made"now you're telling us this.
You just brought this up here and said this Commonwealth judgment
was for the wife,all for the wife and the son,didn't you?It's
just for the wife,as I understand it.The son was paid until he
was 19 years of age at $55.00 a month.
That is your testimony now.
Well,that's the fact.I think I can find receipts from the Probation
George Gysegem
Office to that effect.•-
Q It is my recollection that this morning when I asked you about compl~~ng
with the Court Order"you said you had no knowledge of it.
A
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The Court Order from the hearing?
isnIt that what you said this morning?
This morning didn't you ask me this morning if I was at the hearing~
If I heard the sum that was for the Court order?And I told you no"
if I ain't mistaken.
Well,we covered that.That's not my recollection.But that will
be up to the Court.In any event~you now say that he paid $55.00
a month for the son.
Until he was 19 years of age.
And at that time was it terminated by the Court?
I don't know.I can't answer that.
Or did Joseph just terminate it on his own?
On his own.I think it was on his own.
Mr.Gysegem,before this partition proceeding came up~had you
been trying to buy Joe's fourth of the farm?
Trying to buy it?Yes.
Was Joe willing to sell it?
He said he couldn't sell it.
I said was he willing to?
Yes.
Rut Mabel wouldn't sign~right?
George Gysegem 58
A Well,that I don't know.
Q Well,at least that's what Joe told you.
A Right.
Q And when did you first start to try to buy the farm,that is Joe's
share?
No.
Yes.
No.
no need to continue over the same evidence again.
The objection is sustained.
Objection,Your Honor.
If the Court pleas e,I contE:ind
THE COURT:
MR.CARSON:
MR.MELENYZER:
your relationship with Mabel on a friendly basis?
Never any trouble with her?
between the proposed executor and the contestant.
this phase of my questioning is to develop and show the animosity
And she never had any trouble with you?
Mr.Gysegem..before the separation of Joseph and Mabel,was
brothers and sisters,was purchased by Mr.Gysegem.I can see
that it was effectuated.carried out at the interest of the other
We have been over the partition proceeding several times.We know
Well,was it months or years before the partition proceeding?
I don't remember the date,Mr.Carson.~A
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George Gysegem 59
No.
The same.
No.
The objection is sustained
Objection,Your Honor.MR.MELENYZER:
THE COURT:
yes,Joe helped with the milking.
Did he ever help with the milking?
Yes.He helped in the afternoon with the farm work a little bit.
I can't see the relevancy of whether Melvin helped with the milking.
Did Joe do anything besides run the milk route?
All right.Did Melvin ever help with the milking?
I didn't run the milk route and I donIt know where he was.
Did he ever help on the milk route?
That's right.
on May 12"1952 did Melvin ever help on the farm,is that right?
No •
So it is your testimony that at no time up to the time of the separatio1.
My question is,sir,did he ever help on the farm?
Well,If I'd say something,his mother didn't allow him.
Did he ever help on the farm?
Did Mel vin help with the work on the farm as many farmer boys do?
Never had any trouble?
And what was your relationship with Melvin?Q
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A Right.
Q At that time,when I say at that time,I am referring to between 195(
and 1952~did you have a tractor on the farm?
60
MR.MELENYZER:Objection.Your Honor.
I can't see the relevancy of the tractor on the farm with regard to
Prior to the separation in May,did you ever send or give Melvin
Did you always treat Melvin as a loving uncle would do?
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the issues before the Court.
THE COURT:
any birthday gifts?
MR.MELENYZER:
THE COURT:
MR.MELENYZER:
THE COURT:
The obj ection is sustained•
Objection#Your Honor.
The objection is sustained.
Objection,Your Honor.
The objection is sustained.
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This morning,Mr.Gysegem,I believe you testified that Joseph
assigned over toyou his stock in the Toledo-Edison.is that right?
Right.
It is my recollection that you testified that he assigned no other stoc k
over to you,is that right?
What stock do you mean,cattle or you mean cattle or stock?
Q Stocks in corporation.
A Yes..Toledo-Edison",like I told you.
Q I see.If I were to tell you that at the non-support hearing on Fridav.
June 17,1955,Joseph testified that he had assigned over to you his
----;;----------------------------------------~
George Gysegem
stock in the City Service Company and in the West Penn Power
Company~would you then want to change your testimony':
A West Penn Power?
61
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testimony it says West Penn.
No West Penn~because the company paid that out before that time.
Well,how about City Service then?
You're right on the City Service.
Mr.Gysegem,did you have any part in the milk route or was that
strictly Joe's?
The milk route itself,it's Joe's.He had the license for the route.
At the time of the non-support hearing,it is testified that he made
between 250 and $300 a month from the milk route.As far as you kr ow
is that correct?
on the milk route has to do with the hearing before the Court.
I can't see what Mr.Gysegem~deceased,earned during his time
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THE COURT:
Objection~Your Honor.
The obj ection is sustained.
Q May I note a formal exception for the reason I contend it would
go to the showing of the need of Joseph Gysegem to borrow money
at this time?
THE COURT:Exception noted.
Q At this time I have no further questions for this witness.However,
George Gysegem 62
I
I would like to reserve the right to recall him.as a later need may
appear.
THE COURT:Your request to recall him
will be given consideration by the Court,if and when so made.
at the time he asks to note my objection?
THE COUR T:You may obj ect at that tim .
not recorded by the stenographer).
EXAMINATION BY MR.MELENYZER:
Thank you,Your Honor.
I would just like to note
MR.MELENYZER:
MR.MELENYZERI
place of note.Could you tell the Court at this time what prompted"
if you know,the giving of the money by Blasick to Joe Gysegem?
(At the direction O'f'Mr.;_.carsp~,,·-off-the-record discussion was
the question is asked.
The Court has already sta~ed that we will pass upon that issue when
an objection to that,except if some matter comes up which has not
been brought forth today or at this time.Will I have an opportunity
A Joe asked me for it,and I didn't have the money to pay that off.
Q Mr.Gysegem,there's been some clouded issue with regard to the
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And he seen the Blasicks,and the Blasicks;they WOUldn't go along
with it unless I postponed,stepped back with mine.
Q Now you testified earlier tha t you can't answer it.Now are you sur e?
George Gysegem
A I didri't think about it at that time"but that's the way it was.He
asked me"he asked his sister and his sister asked me to step back a d
let them be ahead.
Q Do you know what this sum of money was for?
63
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The sum of money was for?Yes"for her share that was in the loans
in the Federal Loan.
Do you know to whom the check was paid?
Paid to Russell Sthalman and Mrs.Gysegem.
Was Russell Sthalman"to your knowledge,her attorney at that time?
Yes.
There's also been some confusion with relp.tionship to a desertion
and non-support hearing either in '52 or '53.Could you explain
to us at this time what type of proceedings were held at that time
and where they were at?
They was in the Judge I s chambers.
Which Judge?
Cummins..
What transpired in the Judge's chambers on that day"if you recall?
MR.CARSON:
objected to as being a matter of record.
THE COURT:
If the Court please"that is
The objection is overruled.
(Stenographer reads back last question).
A Well"she read off lots of figures that I don't know"but that was all.
George Gysegem
There wasn't no amount set at all.
Q At that time.do you recall the JUdge setting a fixed order or did you
hear him set a fixed order for a sum of money?
A No.
64
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You stated in your testimony.Mr.Gysegem..that from 1951 to 1955
you were not aware of your brother's financial affairs.
No.
Now would you explain to the Court and myself whatyou meant..what
you think financial affairs means and what you meant when you made
that statement?
From '52?
From '51.if I'm not mistaken..to '55.
He ran his business.
Did you---
I didn't know anything about it.
Well..was it common-place for you to---did you take care of his
bank account..for example?
Did he have his own private checking account?
A Yes.
Q Did you pick up his mail and open it up and pay his bills?
A No".sir.He had his own mailbox.It's still along the road.
Q Now in all of your business dealings.some of which had been
George Gysegem 65
mentioned here about transfers of personal property or assignment
of interest"during all of these dealings"haveyou given your brother
full payment in exchange for what you received?
A Yes"sir.
Q If you were appointed or allowed to remain as executor of the estate
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of your deceased brother~the Court order was handed down concern ng
the judgment note)which you and your sister.Anna Gysegem hold,
the Court order said that this judgment would not be valid~would yOl
honor as executor of the estate the order of Court?
Yes .
Yes.
No)sir.
which Mrs.Mabel Gysegem might have in this estate?
Have you done or would you do anything illegal to defeat any interest
Objected to as being beyonlMR.CARSON:
Have.You received any bills from the hospital with regard to blood do p.ations
the scope of cross examination and part of the defense,if relevant
What bill did you receive?
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at all.
MR.MELENYZER:I believe it is relevant to
show that---to test this man's credibility and to prove the fact he
is attempting to save as much for this estate as possible.That it
is not his intent to either deceive the Court or Mrs.Mabel Gysegem.
THE COURT:If that is relevant at all"
George Gysegem
Mr.Melenyzerl it would only be relevant in the way of direct
examination of your own witness~and would not be in cross examinati:m
of the witness who has already been called as on cross examination.
The objection will now be sustained.
66
Q I have no further questions.
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:EXAMINATION BY MR.CARSON:
io~Mr.Gysegem,t of the questions that I have previously asked.you todaYI
xII;were there any that you do not understand which were not later
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explained?
Yes,t you explained theml yes.
I didn't get your answer•
I said yesl>you explained theml the ones I didn't understand.
So there were none that you did not understand then?
I don't believe there werel not to my knowledge •
Now the information that you have just given in answer to your
attorney's ques tions pertaining to the loan from Marie to J oseph.
did you obtain that information from Anna during the noon recess?
No.It just came to my mind about that.
I see.Now the list of figures that Mabel had you mentioned in front
of Ju:i ge Cummins..was that the list that showed that Joe was worth
A Yes.
George Gysegem
Q Is your answer yes?
A That was the list they read,yes.
Q Incidentally,Joe never denied that,did he?
67
MR.MELENYZER:
THE COURT:
Objection,Your Honor.
The objection is sustained.
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Now did I understand you to tes tHy a few minutes ago that your
brother Joseph received full payment from you in return for what
you had received from him?
Right.
Wha,t payment did he receive for the $15~500.00 note?
What payment he received?
I'm sorry,I didn't hear you.
What he received for that?Well,he was engaged,wasn't he?He
was a single mane when he got this,he was a single man when he
got this .mon.ey"when he got this judgment.He was not married.
He bought a piece of property in Lock 4.He bought furniture.
Later on he bought two houses on Reed Avenue,Monessen,from the
John Allen's estate.
Now,sir,are you ready to answer my question~which was what did
he get for the note?
A What did he get for the note?He got the money.
THE COURT:
Q From whom?
A From the parents.
From whom?
George Gysegem
Q From the parents?
A Yes~dad and mother was living.
Q What ,money did he get from you or Anna?
68
A From me and Anna?What the parents put in.Dad was 82 years of
age.
So he didn't receive anything directly from you or from Anna~is
that right?
That's right.
Now you answered Mr.Melenyzer~saying that you would honor
any Court Order that said the note is not valid.Is that right?
That's right.
the Court,which side of the issue are you going to be on?
Now when that issue of the validity of the note eventually comes befo re
(Stenographer reads back last question)•
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THE COURT:
Do I have to answer that,Your Honor?
THE COURT:
The side of the note~I suppos e.
That's all.
MR.MELENYZER:
one question?
Objection~Your Honor.
The objection is overruled
You do.
Your Honor~may I ask
George Gysegem 69
EXAMINATION BY MR.MELENYZER:
Q Mr.Gysegem.you testified that Joe never received a record of
any funds from you.that they were from the parents.Would you
explain to the Court at this time how the money.the family householc
matters of evidence which I tried to bring out.
also I believe it is in conflict with the Court's ruling of previous
got all of the money?
other questions.?
May I have the answer aga n?
He is trying to explain
If the Court pleas e.that
MR.CARSON:
THE COURT:
MR.CARSON:
so.He's given one answer already.We will see.Are there any
the source of the funds,which were stated to be not directly from
him or Anna.And if he can explain that,we will permit him to do
is objected to as deceiving the scope of my own examination.and
put your feet under my mother's table.when you go out and make
a dollar,it comes to her.
I think Joe was 38 years old when he got married.Whenever you
which you were living in at that time.which Joe was living in.whoe
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THE COURT:That's his answer.Unles~
counsel wishes to elicit any other answer.we will permit that to
stand as his answer.Although it is in the form somewhat of a riddl~.
Are there any other questions?
George Gys egem
(Continued examination by Mr.Melenyzer):
Q Mr.Gysegem,to clarify this,would it be proper to say that any
funds which you personally generated or that Anna personally
generated would go into a family fund situation under your mother's
control?
70
That's right.
witness I started to this morning Mr.Melenyzer objected to
last answer,might I now pursue the line of questioning of this
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MR.CARSON:
pertaining to the mother's affairs?
THE COURT:
MR.CARSON:
but it fits into the pattern.
THE COURT:
MR.CARSON:
THE COURT:
MR.CARSON:
In light of the witness's
No.
It may not be material
No.
Note an exception,please.
Exception noted.
Mr.Gysegem,is it true tl en
A
that your mother asked Joe to sign a note to you and Anna?
Right,yes.
.
MR.CARSON:
MR.MELENYZER:
THE COURT:
That's all.
No ques tions •
You are excused,sir.
L..----1L...-~_~_
Anna Gysegem 71
MR.CARSON:At this time"I r-en-ewthe
request to move the admiss ion of ContestantI s Exhibit ItA".
THE COURT:Any objection?
MR.MELENYZER:No~Your Honor"I have
EXAMINATION BY MR.CARSON::
"All is received in evidence and made part of this record.
A My name is Anna Gys egem ~
Q What is your name?
Call your next witness.
At this time I call Anna
The Contestant's Exhibit
MR.CARSON:
THE COURT:
THE COURT:
Gysegem as on cross examination.
no objection.
Q You are the sister of George who just testified?
ANNA GYSEGEM IS CALLED AND SWORN AS ON CROSS EXAMINATION
recorded by the stenographer).
(At the direction of Mr.Cars 00"off-the-record discussion was not
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A Yes"I am a sister of George Gysegem.
Q And also you were the sister of JQs,eFhGysegem?
A Yes"I was a sister of poor Joseph Gysegem.
Q And of course"you were also then.of course"a sister of Edward.
Anna Gysegem
Leon~Marie and Madeline,is that right?
I'm a sister of Leon~Albert and Marie.
And Madeline.
And Madeline.
And am I correct that neither you nor George nor Madeline were
ever married?
No~we are single.
Miss Gysegem,I show you a note which has been marked Contestant s
Exhibit "A"and I ask you if you recognize that note?
Yes,I recognize that note.That's not fifteen thousand today anymorle.
And it wasn't fifteen thousand then either~was it?
Yes.it was,$15,500.
Now do you agree with George that no money was paid but Joe
signed this note because your mother asked him to?
My mother was the only one that---
72
MR.MELENYZER:Objection,Your Honor.
He made a statement there was no money given.
My mother was the boss.
MR.MELENYZER:I'd like for counsel to
repharse his question to the extent of it wasn't a question---it's a
question of who gave the money.
THE COURT:Well,the question,sir,
certainly infers that there was no passing of money immediately
at that time when the note was signed.And that is what I understanU
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Anna Gys egem
the testimony to be up to this point.
73
MR.MELENYZER:I'm sorry.I have no
recollection that there was no money passing.The statement was
that the money did pass.The only question was where did the money
come from and Mr.Gysegem.George stated that the money came
from the mother and that sJ;1e asked that he sign the note.
THE COURT:That is not my recollection
of the testimony.But to avoid further argument in the matter,we
will ask counsel to rephras e the question so that it will be s pecifical y
concerning the time that the note was signed and whether or not
there were funds at that time.
Q Very well.First of all then,am I correct that this was the note
that Joseph signed at your mother's request?
A Yes.
Q Now am I also correct that neither you nor George paid any money
directly to Jose P1 in return for signing that note?
A My mother took care of everything.
Q Well,was my statement correct that neither you nor George gave
Joseph any money directly?
A My mother took care of everything.
THE COURT:Miss Gysegem.first you
answer the question that is asked you and then ifyou want to add
something to that.you can do it.First the question is did you or
your brot her give any money at that time when the note was signed Ir---U-----::.....-.----=---=----=----------=---l--'
Anna Gys egem
A We was working at home.Your Honor.and mother was collecting
things and we was not then getting paid.Mother saved that for us.
74
THE COURT:Very well.But the answer
that we want is in two parts.First.did you or your brother give
any money there at that time out of your own pocket?
She had our pay.what we was working for.
THE COURT:I know.but did you 0 r your
brother take any money out of your own pocket and pay at that time?
You can give the rest of the answer.We are not stopping you.Did
you take it out of your own pocketo!r did your brother to pay the
money?
Your Honor.in order to have money in your pocket.you first have
to pay the pers on.then you can give it.
THE COURT:If you had no money in you
pocket then you couldn't pay.is that correct?If you had no money
in your pocket you couldn't pay.
We worked for it.We worked at home.
THE COURT:
at the time?
A My mother got everything done.
THE COURT:
ask you what your mother did.
Did you pay the money dirE et
Your mother did.I didn't
A I didn't ask her what she gave to ·Joe because Joe needed money and
he bought property and he bought different things and he had his wife.
Anna Gysegem 75
THE COURT:We will giveyou an oppor-
tunity to explain all of that.All we want to know now is a direct
answer.Did you take money out of your pocket and pay it at that
I had checks where 1 even paid for that.their support.
time or did your brother?
MR.MELENYZER:Your Honor.I don't think
but she evidently is not res ponding at all and I don't think it's out
All right.proceed,Mr.Cal son.
You had checks.Did your
You took it out of your
THE COURT:
THE COURT:
that I ask her the same question?Would counsel object to this and
see if she will give the answer?Because she is,in effect.saying
of disrespect for the Court or the proceedings here.Is it possible
excellent job and have tried to get the question answered by her,
she is understanding what is going on.I know you have done an
She says she had checks that she paid on.Now you may proceed.
THE COURT:
I don't know.
brother have any checks?
Yes.
pocket?
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MR.CARSON:If you wish to rehabilitate
your witness.you may do so.
MR.MELENYZER:She is 75 years old and
Anna Gysegem 76
some consideration should be given,Mr.Cars on.
THE COURT:We have no objection to
counsel trying to make plain what everyone understands the Court
is trying to do except this witness.If you can get her to understand~
we will be glad to have you intervene for a moment to see if we can
statement that whenever Joe signed the note,that you took out of
Yes~every month when the milk was counted up,Joe got his money
your pocket $15,500.00 and gave it to him~is that correct?
give Joe the money out of your pocket at the time he signed that note b
Did you hand him $15,500 OO?
In other words~is it your
Anna,did you or your brot er
You may.We will permit
Can I ask her?
MR.MELENYZER:
MR.MELENYZER:
My mother did.
MR.MELENYZER:
$15~500.00?
from there~more than we did.
that.
MR.MELENYZER:
THE COURT:
get an answer here that is relevant.~z0(>~>-enzz1&1II.
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MR.MELENYZER:No,but did you do it?
A No,I didn't do it.
MR.MELENYZER:Okay.
A Where would I have got that,Carson?
THE COURT:Now we have an answer.
,--------;:----------------------------------------....
Anna Gysegem 77
When she wishes to give a further explanation,she can do so.But
we like to have our original questions answered.She wouldn't compl 'J
with my request.I think we have it on the record now.Mr.Carson,
you may now continue your examination.We will try to confine
an affirmative,negative manner,whatever you know the answer
to give in the way of explanation when you interrogate her.She
tunity to speak---
to be.Will you do that for me please?I will give you an oppor-
Your Honor,I have alread~
I will help you.Just
MR.MELENYZER:
know.
MR.MELENYZER:
explained it to her.Anna,answer the questions Mr.Carson asks y(u in
these answers to the questions that are asked.I think that it might
now.
opportunity in this Court to give the additional answers that she want~
shouldn't give those answers at the time that the questions are asked
be well for her couns el to inform her that she is going to have every
She's been gone since '43 and I'm seventy some years old,I don't
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(Continued examination by Mr.Cars on):
Q Am I correct then,Miss Gysegem,that the answer to the question
is that you did not take the nroney out of your own assets and give
it to Joseph at that time?
A I will answer you again,Mr.Carson,my mother done that.
Anna Gysegem
THE COURT:That's a sufficient answer.
78
Her mother did it.If her mother did it,it is evidence she did not
do it.
A Your Honor,itls the truth.It's our mother.
tirre you need to hear your explanation.You may proceed.
Miss Gysegem,a few moments ago you said som ething to the effect
that your memory is not as good now as it used to be,is tha t right?
THE COURT:
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V);Q How well do you remember 1955?
We will give you all the
I don't think her memory right now is of any importance in regardIe
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to this case.And that she is---
THE COURT:
Objection,Your Honor.
The objection is sustained.
iii0:~That is a question that may become pertinent when we have a particlilar
0:oIL~question that is asked concerning that period of time.We are not
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..J<~Q Do you remember Melvin ever visiting his father after they separatE d
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in 1952?
MR.MELENYZER:Objection,Your Honor.
I don't see the relevancy of his visiting his father to this proceeding
THE COURT:It may become relevant.
We will overrule the objection at this time.
(Stenographer reads back last question).
Anna Gys egem 79
A When Melvin left,that's the last we seen of him.His uncle Nester
Henrion pulled them out in the morning,came to our house and said,
liMy sister is leaving.Here's the key off of the house.11 It's the
hous e we had built for them.It's the key off of the house.lIyou
will hear from her attorney."
he started a rumpus with his dad fierce.That's the only visit he
made,Sismondo ordered him.I mean Attorney Sismondo.
father.When he go to the farm,I happened to be out.I'm telling
First,Mrs.Gysegem---
The answer is ordered
His dad was busy and working in the barn.He went to the barn and
THE COURT:
the true story.He yelled,"What the hell does my dad want with me?1I
THE COURT:
stricken as not responsive.
A We never ordered Melvin off the farm trespassing,Mr.Carson.
Q Is that the time you told Melvin to get off the farm,he was trespass ng?
A Miss Gysegem.Mr.Sismondo ordered him to come and see his
(Stenographer reads back last question).
A Can I tell the truth on that?
A I'm telling the truth,Mr.Carson.
Q I move it be stricken as not being responsive.
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Q Is that the time that George tried to hit Melvin in the head with a
hard piece of reddog?
A He did not hit him in the head;he broke the window on his car
because Sismondo sent him out to see his dad.
Anna Gysegem 80
Q Who threw the reddog?
MR.MELENYZER:Objection.
THE COURT:The obj ection is overruled
A He knows~he's sitting there~what he done.
Q Answer my question.Who threw the reddog?
ruling,we will permit you to do so.The next witness?
THE COURT:Subject to the Court's
A The reddog was throwed~I was in the barn,I didn't see it.
That's all,Your Honor~
The objection is sustained•
Objection,Your Honor.
MR.CARSON:
MR.MELENYZER:
THE COURT:
occasion should arise,subject to the Clurt's ruling at that time.
pickhandle ?
except I'd like to reserve the right to recall this witness if the
a pickhandle has to do with this case.
I can't see any relevancy of this at all,chasing the Wickerham boy v ith
by the stenographer).
(At the direction of the Court,off-the-record discussion was not recorded
Q Isn't that when you were chasing a Wickerham boy around with a
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Melvin Gysegem I 81
MR.CARSON:Melvin Gysegem.
THE COURT:Mr.Cars on~is this witnes
being called as on cross examination?
MR.CARS)N:Oh~no~sir.This witness
e is being called as on direct examination.
I 0(THE COURT:Very well.
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:I:VI0(DIRECT EXAMINATICN BY MR.CARSON:~
.,:u Q What is your name?ii:I-VIe0
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A Joseph Gysegem.N
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e Q When were you born?
A June 3,1937.
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Q Up to 1952~whe re did you live?I
A I lived on the Gysegem farm.
Q And I believe you lived in a home separate by yourself,that is with
your father and mother.
Melvin Gysegem
A Yes.
Q Who lived in the other house on the farm ?
A George and Anna and Madeline.
Q Do you have any recollection of your father's parents?
82
A
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My father's parents?
Yes.
The only thing I can remember about my father's parents is the
day the mother died,that's all I can remember.
Now I believe you'd be six years old at that time.I believe.
Yes.
Did you ever help your father on his milk route?
Yes,I did•
In what way did you help him?
I delivered milk about three summers in a row everyday with him
on the route.
Can you tell us what years those were?Or at least was that before
or after your parents separated?
That was before my parents separated.That was about probably
when I was 11,12,13 years old.
And did you do any work on the farm its elf?
A Yes,I did.
Q During those three years that you were on the milk route,did you
als 0 help on the farm?
A Yes.I was driving a tractor when I was 12 years old and I was
Melvin Gysegem
helping with the hay.I was helping pick up his hay when I was six
years old,for that matter.
Q Now who would be working there besides you?
83
MR.MELENYZER:Objection,Your Honor.
I canIt see the relevancy of this testimony as to who is working besid.
it is proper at this time to follow this line of questioning .
examination it is testified he never worked on the farm and I submit
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MR.CARSON:
THE COURT:
If the Court please,on cros 3
You have already done it
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and I don't think that we need to go into such particularity as to
what his work consisted of.You have shown that he has worked on t e
farm"lin contradiction to previous testimony.
Thank you.As part of your work with your father on the milk route,
did your father ever give you any instructions or did he ever show
you how to handle his banking affairs?
In one thing,he took me to the bank one time in Charleroi.
What bank was that?
It would be the Mellon Bank.
Q And where did you go in the bank ?
A To his safe deposit box.
Q What part of the bank is that in?
A It IS in downs tairs .
Q All right.and tell us what transpired at that time.
-
Melvin Gysegem 84
A At that day he clipped out two coupons out of $1,000 savings bonds
with a pair of scissors and he always did stress to me to save the
money,put it in the bank in bonds.And in this safe deposit box
there was at least an inch and half of cash money with the top bill
being a $50.00 bill.
No,I don't.
Do you know what the other denominations were?
In the summertime,ifyou wanted to go swimming instead of working
Did your father make any statements to you with regard to the
The objection is overruled~
Obj ection.Your Honor.
The objection is sustained .
Objection,Your Honor.
THE COURT:
MR.MELENYZER:
MR.MELENYZER:
THE COURT:
You may answer the question.
We have already gone over what he found in the safe deposit box and
if that's the same box in issue.I think we have covered that matter.
contents of the box?
I can't see the relevancy of this.
what wrnld your father tell you?
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A None other than to always more or less save my money.
Q Now he didn't say what the purpose of the contents of the box was?
A He always stated the idea that anything that he earned or I helped
him earn would be mine some day.
Melvin Gysegem
Q I see.Did your father work regular hours?
A It depends on what you call regular hours.From before daylight
in the morning until after dark at night.
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Was that all on the milk route?
No.He got up in the morning about 4:30 and milked cows until about
seven.He ate breakfast,he went on the milk route until he got done
which was usually anywhere from one to four in the afternoon.From
then he worked in the fields and he came in and ate supper,and then
he'd milk cows and a few other chores around the barn.
Did you and your fathe r ever discuss what you should do in the future
after you finished high school?
Well.as far as discuss it was concerned,we've never discussed it,
but he brought up and mentioned several time s me being a veterinariiln.
And did he indicate that he had the funds to take care of that?
Yes.
Did your father own any real estate of his own that you know of?
At the time I knew of two hous es .
Where were these houses?
One was in Lock 4.I think one was in Monessen.I couldn't say
for sure.
Q Did you ever go with him to visit these properties?
A Well.I was with him visiting several properties and at that time I
couldn't say for sure which ones were his and which ones were his
Melvin Gys egem
Q Now we are talking about the properties in Monessen.
A His property.
Q Am I right?In other words,the properly in North Charleroi belongetI
to your fa ther,right?
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And when he visited these properties what did he do there,that you s:tw?
When I was with him,several times it was mostly for repairs.
Your Uncle George testified this morning that there's never been
any trouble between you and him.Is that your recollection?
It depends on what you mean,trouble.There was never out and
out fights,except him as an uncle,he was always at me Jike if I
was going to school.he'd tell me the teacher is going to do this or
that to you,more or less to worry a little boy.He was always
that way.He was more or less just a big uncle picking on a little ki:i.
In other words.you and George were never pals.
No,never.
Did you and your Aunt Anna ever have any trouble?
We never did get along.
What are you doing now,Melvin?
I'm doing machinist work for Koppers Company in Baltimore.Mary1and.
And how long have you been there?
I've been in Baltimore for about 7 years.
Did you graduate from high school?
VP~I did.
Q
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Melvin Gysegem
What year?
Class of 156.
And did you work anyplace before you graduated from high school?
When I was working,when I went to high school I was working
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part-time at nights as a stockboy for Montgomery Ward's.And whE n
I was in high school I worked at the service station too while I was
going to high school after that.
After your father and mother separated,did your father ever send
you any'money that you know of?
Definitely not.
When you graduated from high school did your father attend the
ceremony?
No"he didn't.
Did he send you a graduation present?
No"sir.
After your father and mother separated,did your father ever send
you any birthday or Christmas presents?
No"sir.
MR.MELENYZER:Objection"Your Honor.
I can't see the relevancy of this as to the issue before the Court.
THE COURT:
Q Cross examine.
The objection is sustained
Melvin Gys egem
CROSS EXAMINATION BY MR.MELENYZER:
Q Mr.Gysegem,you testified that you worked part-time after school
when you were in high school.
A Yes.
Q Now you also testified that you worked on the farm.Can you explain
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how you had the time to work,not only go to school during the day,
but work at night,both at a stockboy's nob and also service station
a ttendant and worked on the farm?
When I was in high school I wasn't living with my dad and mother.
Okay,then how old were you when you left the farm?
I was 14 years old.
And what did you do during the timE'"you went to school,didn't you?
Yes.
x ou testified that your father,during that per iod of time,would get
up early dawn.Did you get up with him?
No.
How do you know that he got up?
He was never there.He told me himself what he did.
Oh,he told you.
Yes.
But you were away at school all day and you couldn't testify whether
he was in the field or not or whether he was on the milk route or
not or where he was at.
A Not during the summer.
Q
Melvin Gys egem
During the summer you could,but in other words,you are speaking
of three months a year that you can say of your father where he was
in particular days working.
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He did everythi ng the same seven days a week and I was home on
Saturdays and Sundays.
You stated you worked on the farm.That would be you were under
14 years of age.or 14.approximately that age.What did you do on t e
:£arm?Can you explain?
I started picking up loose hay and feeding the cows silage in the
afternoon sometimes.and I cleaned out cow manure.And when I
got 12 years 'old I was driving a tractor.a big one.Model H with
a hay wagon behind.And I also pulled hay up in the barn with the
tractor all the time and I used to go get the cows all the time when
I was real young.I was always bringing them in.
This is what you are considering as to work,right?
Yes.
Did you enjoy driving the tractor?
The same as any othe r boy.I guess.
Did you enjoy driving the tractor?Answer me..please.
I guess,yes.
Were you forced to s pend "X"number of hours working in the field?
What do you mean by forced?
Well.I mean you went out and helped.You said you worked in the f elds.
I was told to.t-----T------------------------+----
Melvin Gysegem 90
Q You were told to.Did you have any incapacity whereby it affected
you worKing in the fields?
A Well,I didnIt have.more or less the pleasures of another boy my
age.
to work on the farm and spend time helping his father?
amusements he might have engaged in.We are not interested
You think in your mind tha t it's wrong for a young boy to be requirec
vyhether it is right or wrong.Did he or didn't he?
I have a question.How
Objected to as argumentative.
It is not only argumentativ ,
THE COURT:
MR.CARSON:
THE COURT:
old were you when you graduated at high school?
things and he did them.Now 'You are asking him.do you think that
it was right or wrong that you missed swimming and what other
but it is not giving the correct state of facts.It isn't a question of
whether he thought it was right or wrong.He was asked to do certa n
I have no further questions ..
the afternoons.This boy wasn't.
What might those pleasures be?
All the rest of the boys my age were swimming in the summer durin 5
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A 19 years old.
THE COURT:And with whom were you
living after you left the farm at age about 14 until you graduated
at about 19?
Melvin Gysegem 91
A
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I was living with my mother.
Q What is her name?
A Mabel.
All right.That's all the Court has.You are excused,sir.
Now you said that no one had contributed any money to you during
anyone had paid any money to the person who was in charge of you
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Yes.
the period after you left the farm at 14.
in looking after your maintenance?
That I couldn't say•
You don't know tha~?
I don't know.
(witness excused).
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time I'd like to ask if he be excused,not for this moment,but my
last witness drove all night from Baltimore to get here and at this
thought is when the day is over,should there be any continuance,
I didn't want Mr.Melenyzer to be surprised of the fact t hat Melvin rOUld
not be available after togay.II
THE COURT:We will excuse the witnesi
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MR.CARSON:Your Honor,looking at
the time,I wonder if it would be remiss to suggest an afternoonI---r--~~'::"":::":':::::::::""':::"":'::"":''':='=-'':'::==~:::'::'=:''::''::::'=:':=--l-~---
Melvin Gysegem
recess at this time.
THE COURT:
ten minutes.
** * * **** * *
<z~~MABEL GYSEGEM IS CALLED AND SWORN.VIzz~DIRECT EXAMINATION BY MR.CARSON:
ioI-~Q What is your name?
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~Q Where do you live?
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x..~A That's right.
iiiIl:~Q With whom do you live?
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l-ll::I8 Q What is her name?
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Q How long have you lived at that address?
A Since '52;thatIs about 16 years.
Q You are the wife of Jose ph Gysegem ?
A That's right.
Q You were married when?
A June 17,1936.
We will take a recess of
92
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Mabel Gysegem
You are Melvin's mother.
That IS right.
Of course~you have been here in Court all day.
Yes~I have .
During the time that you and your husband lived together,did you
ever have occasion to prepare his Federal Income Tax Returns?
Yes.
And were they individual returns or joint returns?
I signed them.
And the information that you used to pre pare the returns came from
whom?
Joe.
Did he take a standard deduction or did he itemize his deduction?
He itemiz ed .
Why did he itemize?
Be cause he had property that he had expenses,repairs.and then he
had interest and dividends to report.
I see.To the bes t of your recollection"did he ever report paying
interest on loans to anyone?
93
A No,never.
Q Before 1952,did you have any knowledge of this $15,500.00 note?
A No,I didn't.
Q Did Joe ever mention it to you at all?
1\~T
Mabel Gysegem 94
Q How did you hear of it?
A Just whenever it was recorded and my attorne~Sthalman told me
about it.After I had left they recorded it.
Q When did you first learn of the foreclosure proceedings?The
Sheriff's sale.I'm talking about.
Is that when Mr.Sthalman filed the papers to block the sale?
Incidentally.you had to put up a bond to do that.didn't you?
He said they got a stay.He had the Sheriff's sale stopped.
:prl t.o hp?v
That bond is still up too,isn't it?
That's right.
As far as you know.it's still waiting to come up in Court.
No.nothing after that.
And did he tell you what happened after that?
What did Mr.Sthalman tell you happened in the proceedings?
That's right.
That's right.
Yes.
How much was that bond?
That's the first time I heard of it.
That's right.
One of my neighbors told me about the signs being put on the poles.
Then did you later see the ad in the newspaper?
$200.00.
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Mabel Gysegem 95
A No~he didn't.He just said that he had the Sheriff's sale stopped
until they did something~took it up from there.
Q But you don't know what it was?
A No"I don't.
Q When did you first learn that Mr.George Gysegem had the property
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partitioned?
I wasn't informed at all about that.
You never got any notice on it at all ?
Just a letter from Sismondo telling me that that's what they were
thinking about doing.
No.
But I mean you never got any official notice from the Court.
Did you ever get any notice from Attorney Richard G.Miller"Jr.?
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No.
Did you ever hear of that man before?
Did you ever get a notice from Attorney Thomas L.Anderson?
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can't see the relevancy as to notice of the partition proceeding as
to the matter before the Court.
THE COURT:The ob]ection is sustained
Q You said earlier that your husband itemized the interest monies he
received.Do you know what mortgages he had out?
A Not exactly right now,I don't remember.
Mabel Gysegem
QAt the tim e did you know?
A Yes.
Q This morning I was discussing the Wtlkes mortgage with Mr.George
Gysegem.Are you familiar with that one?
96
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And the Ondulick?
YeS.
Most of thes e mortgages were in Westmoreland County,weren't the)?
Yes.
Do you recall how much you received from the Equity proceeding ~
that case where you stopped---do you know what I mean by the
Equity proc eeding ?
Yes.It was five thousand plus part of a $500.00 bond.
And I think the attorney's fees were on top of that.
They were taken out of that.I didn't receive that full amount.
So the amount of the settlement was not $7~000.
No~it wasn't.
Do you remember what the net amount was that you received?
No~I don't know e~actly.
How much cash did you get out of that?
MR.MELENYZER:
I can't see the relevancy.
THE COURT:
Objection~Your Honor.
The objection is sustained.
Q Well am I correct that you and Joe got the same amount out of it ?
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Mabel Gysegem 97
When was that ?
Yes.
I don't remember the exact date,but at that time he had had my
Yes"I saw it.
Well,she may corroborate
I object"Your Honor.MR.MELENYZER:
THE COURT:
I saw he had a lot of papers in there besides a lot of cash.And at
What did you see?
Did you ever see that box?
Melvin testified about a safety deposit box with s orne money in it.
the time he told me it was $40,000.
Court.We will overrule the objection.
Did he talk as though money would be no problem for cost of educatio 1?
Did you and Joe ever discuss Melvin's education?
He always talked as though he got enough to put him through college.
the previous witness's testimony,which may be of some value to the
to be a veterinarian because it was a good-paying job.
What did Joe want Melvin to become?
Well,he talked about him working on the farm,that he'd like him
I can't see the relevancy of this matter either.
We were supposed to.It was supposed ;to be divided in half.A
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exact date.
n Ahr\1lt 1040 rlirl "\7£"\111"hl1",h~nd nedotiate for the ourchase of a farm?
Mabel Gysegem 98
this moment we cannot see the relevancy of it.
of George Gysegem being executor of this estate.
Did you accompany him to meet with Mr.Wat son?
I can't see the relevancy of this~payment of money as to the issue
I believe it would be appar ent
Unless we can see the
Objection.Your Honor.
If the Court pleasel I thirlli
MR.CARSON:
THE COURT:
MR.CARSON:
MR.MELENYZER:
the relevancy will come out in a moment.
How was the payment to be made?
relevancy of it immediatelYI we cannot permit the question.At
Yes.
And you heard their discussion?
Yes.
What was the price that he agreed upon?
The Watson farm out towards Beallsville.
What farm was that?
$15 1 000.
Yes l he did.A
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in two questions,Your Honorl at the most.
THE COURT:Well,you can ask another
question to show the relevancy of it.We will come back and permi it.
At this time we can see no relevancy.
Q Was the purchase completed?
Mabel Gysegem 99
A He made $1"000 downpayment on the farm,signed the papers.
Q My question was was it completed?
A Yes.
Q He bought the farm?
A He bought the farm with the $1,000 downpayment.
real estate fee.
the other $14"OOO?
from his mother's estate and he would pay cash for the farm .
He said he had the balance"that there was money that he had gotten
What did your husband say with regard to the balance of the money"
family.And they went back and got his money back except for the
<~Q When did he pay the res t of it?
>...I>-~A He didn't pay the rest because there was an interference from his
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Cross examine.
Mrs.Gysegem,you mentioned tha~in your testimony on direct
that you filled out the Income Tax Return as to the itemized deduetiop.s
on the basis of information given to you by Joe"is that right?
A Yes.
Q Then you don't know positively that in fact there wasn't a judgment
note in existence.
,...--------or-----------------------------------------
Mabel Gysegem 100
A No"I never heard of it.
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Q But if he supplied you with the information,the probability is you I
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would have never heard of it,is that correct,unless he came in and I
told you to put down the interest payment,is that right?
Yes •
to collect the rents,even after we probated the will?
Isn't it true that I notified Mr.Cars on to go ahead and to allow you
there's been no cooperation between us in the matter,and I think
I am not saying we haven't
This is obj ected to as
The objection is sustained.
That is calling for a con-
MR.MELENYZER:
MR.CARSON:
MR.CARSON:
THE COURT:
the contrary,we had cooperation---
cooperated;1'm saying,as a matter of fact,the executor on the will
has cooperated to a great degree already and he even.in fact"the
question came up of the rents and I called you to tell her,Mrs.
Gysegem,to pick up the rents and collect them because the people I
property that your deceased husband owned?
Mrs.Gysegem,are you currently collecting the rents on the
being immaterial.And unless counsel is leading up to the fact
clusion.
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MR.CARSON:If the Court believes to
be factual,as of the moment she is the duly authorized representativ~
MABEL GYSEGEM
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101
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of the estate.
THE COURT:Well---
MR.MELENYZER:The will is probated---excu~e
me.go ahead.Your Honor.
THE COURT:It's not probated.
there is no authority,no responsibility of any kind.Letters have
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THE COURT:
MR.MELENYZER:
THE COURT:
It's filed of record.
It is not probated.
No~it hasn't.Your Honor.
Until the will is probated,
to be issued and the will has to be probated.Being filed is of no
the Court,if so~it's unintentional.but Letters of Administration
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consequence.
MR.CARSON:I may not have informed
short~we perceive that there has been proper cooperation on both
later the will was discovered and filed but not probated.There
is no res ponsibility under an unprobated will.
But
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I understand that.THE COURT:
were issued to this lady.
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sides and we don't think we need to carry this any further.
That's all.
Okay.I have no furtherMR.MELENYZER:
questions~Your Honor.
MR.CARSON:
THE COURT:Unless
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,-------_--..--_-----------------------
102
me,I meant that we need carry no further the matter of:cooperation
collecting of rents and things of that kind.I didn't mean to stop
your cross examination.
MR.MELENYZER:The only thing I wanted
into a discussion of that matter now.You are excused.
noted was that a question about the collection of the rents was
MR.CARSON:If I might ask the Court
a question off the record.
Subject to the right to late
I again sta te the Court
MR.CARSON:
THE COURT:
enter into a stipulation with Mr.Melenyzer,and of course,subject
to the approval of the Court regarding the matter of which the
raised by the tenants and I called and said---because I understand
notes proper cooperation on both sides and we are not going to enter
that the creditors have been notified not to do any further proceeding
in regard to the administration of the estate also.If that is not truE,
I'd like to be made aware of it.
recorded by the steno graphed.
(At the direction of Mr.Carson,off-the-record discussion was not
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records of the proceedings in the Court of Common Pleas and the
Court of Quarter Sessions that need to be made a part of this record
the Contestant will now rest,subject,of course,to the usual right
of rebuttal.
_____----""'-----L-_______
102
me,I meant that we need carry no further the matter of cooperation
collecting of rents and things of that kind.I didn't mean to stop
your cross examination.I
MR.MELENYZER:The only thing I wanted
into a discussion of that matter now.You are excused.
noted was that a question about the collection of the rents was
raised by the tenants and I called and said---because I understand
MR.CARSON:If I might ask the Court
Subject to the right to late
I again state the Court
MR.CARSON:
THE COURT:
to the approval of the Court regarding the matter of which the
enter into a stipulation with Mr.Melenyzer,and of course,subject
a question off the record.
notes proper cooperation on both sides and we are not going to enter
in regard to the administration of the estate also.If that is not trUE,
I'd like to be made aware of it.
that the creditors have been notified not to do any further proceeding
recorded by the steno graphed •
(At the direction of Mr.Carson,off-the-record discussion was not
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records of the proceedings in the Court of Common Pleas and the
Court of Quarter Sessions that need to be made a part of this record
the Contestant will now rest,subject,of course,to the usual right
of rebuttal.
103
THE COURT:Very well.Mr.Melenyzer
do you have any witnesses to call ?
MR.MELENYZER:I'd like to make a motion,
Your Honor,before I call a witness.
THE COURT:You may.
successor to continue in all lawful ways to contest the claims of
as filed but not probated directs the current executor or any other
at this time to dismiss the proceedings based on the fact that the wil
his wife,Mabel Gysegem,which suits may be now pending or againsl~
I'd like to make a motionMR.MELENYZER:0(
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him personally or against his estate or any claims hereinafter
filed or entered by her.Also,the will recites and admits the
existence of the note between the deceased and Joseph and George
and Anna Gysegem and the fact that the sum is due and owing.
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Therefore,it is my contention that whether Mr.George Gysegem
serves as executor or anyone else appointed by the Court,would
be restricted to the will as it now stands of Joseph F.Gysegem;
and that if we assume to be true ~the contentions of Mr.Carson
for one moment,then no one on this earth would be permitted to se ve
executor of this will.We would have to disregard the will entirely
because we can't thwart the provisions of the will as they now stan
until some other issue might be decidedl by another Court ofcomp :.tentI
jurisdiction.
The question of the judgment note is q1ready befo e
104
another Court.Therefore,upon our entering in a decision by that
Court"the executor would be committed to abide by it.That any
executor that might subsequently be appointed could not initiate
on his own the opening or the questioning of the judgment because
The testimony today has also not shown any
by the terms of the will inthe respects referred to.
here.Mrs.Mabel Gysegem;therefore.it is my request that these
matters to be taken into consideration by the Court after adequate
Counsel's motion for dis-
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and the person.moving party I
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THE COURT:
testimony has been presented and after all litigation which may be
missal is refused.The Court'perceives the law to be that neither 'iI
the fiduciary,the personal representative appointed in the will.norlI'I
a successor of the personal representative.nor this Court is bound j
I,
Thos e are all !
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pending has been concluded.In other words.we are saying briefly 1:
!
proceedings be dismissed.
under the will which has been filed".
antagonistic or unharmonious relationship between the executor
the existence of this obligation.it says there's no conflict.His last
with the decedent's estate.
the decedent.in his last words in the will.states that it is due and
words are.1'1 owe that debt."Therefore.it cannot be in conflict
owing.that it has to be paid.Therels been no showing of a conflict !
!:1
of interest against this estate to the extent that the will.by admittin~
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that a decedent may make self-serving declarations in a will and,
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those self-serving declarations will hold no higher respect of the cou+
than the self-serving declaration of the witness on the witness stand.
You may call any witnesses that you may have,Mr.Melenyzer.
Honor.
MR.MELENYZER:
THE COURT:
I have no witnesses,Your
That will conclude our
tes timony.It appears to the Court that the only matters that might
be pending in this proceeding now would be the ques tion of whether
or not Income Tax records,Personal Property Tax records and
similar records that were inquired about by Mr.Carson may be bro ght
into Court by the witness who was testifying at that time.And they
were to be brought in only if the witness finds them among his prope
papers where he now deposits them or has control of them.I would
request counsel at this time to give that matter further consderation.
rather than to continue this case to another day.The effect of the
presentation of those papers.if any,might be completely ItrelevaJt
to the case.I
(At the direction of the Court,off-the-record discussion was not recorde~,
by the stenographer).
(Proceedings Closed).
106
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Transcript com pleted -March 11,1969
I hereby certify that the proceedings and evidence are contained
fully and accura tely in the notes taken by me on the hearing of the above
cause"and that this copy is a correct transc:ript of the same.
ft1J.k:·d~ial tenographer
The foregoing record of the proceedings upon the hearing of
\P.J.I
(7):!
cause is hereby approved and directed to be filed.
r::-IB1\trthe-o,)(,i
I~~j,
Date:
iiiIl:IIIl-ll:oII.WIl:
l-ll:
:l8 the above
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~rm RCC-33·....
RESIDENT DECEDENT
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
COUNTY OF WASHINGTON
j
IMPORTANT:This return must be completed in detail and filed in duplicate,'with will attached,with the'
Register of Wills of the County where decedent resided;Return is due within one year after
date of death,unless an extension is granted by the Secretary of Revenue.(Section 703 of
the Inheritance and Estate Tax Act of 1961.)
C.T.A.
and say
State of P;::~l:~~:}ss:
County of .
...........Q.:r.:..J.Y~..B .N.!B.QIt.N.L~..~b.L .
Administrator CTA of the estate of the above-named decedent being duly sworn,depose
Decedent cUed Q.~.~g?~E ?...~.
(Month)
Name and address of attorney or}
other authorized representative to
whom all correspondence should be
mailed.
.................................,19 ?.~,{testate leaving a last will,copy of which is hereto attached.}
(OllY)(Yl:f1r)intestate
Oliver N.Hormell,Esquire..............................................................................................................................................~-'-
.423 Third.Btreet,CalifQxnt.a.,P.~nD.9.y1y~p.t~,.:L...~.9.J..~: .
That as such .Agm.C T..A.deponent is familiar with the affairs of said estate and the property con-
.(..:x(~r.utor·Adminj8tralor)
stituting the assets thereof and their fair market value.
That at the time of death there was no safe deposit box registered in decedent's individual name,or jointly
with,or as agent or deputy of another,or in decedent's individual name,with right of access by another as agent
or deputy,with the exception of the following:-
NAME AND ADDRESS OF BANK OR OTHER INSTITUTION THIS SAFE DEPOSIT BOX RENTED RELATIONSHIP OF JOINT
IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT
NONE
..
That the contents of said safe deposit box or boxes are itemized under Schedules of this---return,with the exception of the following,for the reasons hereinafter set forth:
That Schedule A attached hereto and made part hereof sets forth fUllv 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 encumbrances upon each parcel of real property at the date of death,giving
the amount still due at death,name of mortgagee,date,rate of interest,and book and page or record
thereof.It also sets forth in the columns provided therefore the assessed valuation of each or said.
parcels,the estimated market value thereof as of date of death of decedent:.
That Schedule B attached hereto and made part hereof sets forth fully and in detail all personal
property wheresover situated owned by the deced,ent at the time of death;all moneys left by the decedent
at the time of death,whether in decedent's i~ediate possession,standing to decedent's credit in banks
of deposit,savings banks,trust companies,or other institutions,whether individually,or in trust for
any other person or persons giving also separately the accrued interest thereon,if any,down to the last
interest day prior to decedent's death in the case of savings banks,and to the date of decedent's death
in all other cases;all bonds,postal savings,treasury certificates or notes and other evidence of in-
debtedness of the United States to the decedent;all obligations,whether by statute or agreement they
are designated as tax free,of the United States,or any state,or political subdivision thereo~or of
any foreign country,which are owned at the time of death;all wearing apparel,jewelry,silverware,pic-
tu~s,..bo?ks,works 'of art,household furniture,horses,carriages,automobiles,boats,and any and all
other personal chattels of whatsoever kind or nature,left by decedent,together with the fairly estimated
market value thereof;all bonds and mortga~es held by decedent and of all claims due and owing decedent
at the time of death,and all promissory notes or other instruments in writing for the payment or 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 death,bonds and accrued interest thereon to the date of dece-
dent's death and other investment ~ecurities owned by the decedent at the time of death,with the market
value thereof at such time.\.
69-106
.f
.iii'
In the case of securities of close or family corporations,the values reported are as far as
possible substantiated by financial statements of the corporations,showing the assets and liabilities
thereof as of the date of death.The schedule also sets forth the interest of decedent at the time of
death in any co-partnership or business,and in support of the value of such interest there is annexed to
said schedule,financial statements showing the assets and liabilities of said co-partnership or business.
A copy of the co-partnership agreement,(if oral,a statement setting forth the nature of the agreement)
together with a statement setting forth the character of the business,its location,and such other facts
pertaining to the business as may be pertinent to a fair and just appraisal of the decedent's interest
therein must be submitted.It should also set forth in itemized form,together with the fair market value
thereof,any other property owned or bequeathed by the decedent at the time of death.
The Schedule C attached hereto and made part hereof sets forth a true answer to each inquiry,.
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 take effect in possession or enjoyment 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.each transferee 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 after death,there is also attached to the schedule a co~y
of the deed,trust agreement or other instrument creating the trust.TherA is also set forth in said
schedule a list of all property,real and personal,with its value,which passes at decedent's death by
virtue of the exercise by decedent,either individually,orjointly with .an~the!,O!any power of appoint-
ment vested in decedent,either indiVidually or jointly,by the Will,deed,or other instrument of another,
with a copy of the instrument creating such power attached to the schedule.
That Schedule D attached hereto and made part hereof sets forth the names and addresses of all
persons beneficially interested in this estate at the time of decedent's death,the nature of their res-
pective interests,their relationship,if any,to the decedent,together with the ages at the time of
decedent's 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,and the relationship of such issue to the beneficiary.
That Schedule E attached hereto and made a part hereof sets forth all property,real and per-
sonal,owned by the decedent jointly with another or others,including intangible,standing in the name'
of the decedent and others,plus the date and place of record of instruments effecting the vestiture of
real estate and the date of acquisition of personalty,plus the name,address and relationship,if any,
of co-owners-to the decedent.
That Schedule F attached hereto and made a part hereof sets forth fully and in detail all debts
and deductions claimed for and on behalf of this deceden t's es tate,including funeral expenses paid;
family exemption,where applicable;costs of administration of this estate;counsel fees and fudiciary's
commissions paid or to be paid;'cost expended for burial trusts,tombstones or gravemarkers,and reli-
gious services,in consequence of the death of the decedent;debts and claims owing and unpaid at time of
death;taxes accrued chargeable for period prior to decedent's death (except those allowed under Section
651 of the Inheritance and Estate Tax Act);together with a statement of collateral pledged for obliga-
tions,if any.It is agreed that the fiduciary will present proof of said claimed obligations upon re-
quest,that if the amount actually paid in settlement of any fee,commission or debt is less than the
estimated amount claiming and allowed,that the same will be reported to the Register of WillS,and that
the amount of tax assessed can be reassessed in accordance therewith.
That the totals of the appropriate columns in Schedules "A","B","en,"E",and "F"as directed therein,
have been carried forward and properly registered in the Summary.
.:~_..
(ExectLt;.;i'd:;;;'inistrator)C.T.A.
..4?}Th~..;:g,...$..t~.~.~~_ _..
(Street Number)
.~.~~~.~?E.~.~.~.~~.~.~.~.Y.~.Y..~~~.~.~..~.?.~~..~..
(City or Town and State)
NOTE:Before signing affidavit make sure all blank spaces in the affidavit and schedules annexed are
filled in with details or the word "None",and in case the assets include rare and unlisted securities,
securities of close or family corporations or an interest in any co-partnership or business,that the
data and statements required under the paragraph above relating to Schedule "B"are attached.Also make
certain that column #1 in the "Summary"has been properly completed as above-directed.
Subscribed and sworn to before me this ..
................~l..f..~.~day of ~19 ..1..9 .
........................~v..~.~lle .
CALIFORNIA.WASHINGTON CO.•PA.
My Commission expires July 14,.1973
'RCC-34 f,!-64),,)-'
COMMONWElLTH OF PENNSYLVANIA
~PARTMENT'OF REVENUE
BUREAU OF COUNTY COLLECTIONS
TRANSFER INHERITANCE TAX'
RESIDENT DECEDENT
SCHEDULE "A"
REAL PROPERTY
Real property in Pennsylvania,with statement of mortgage encumbrances upon each parcel at death of dece-
dent.Where property held as joint tenant or tenancy by entireties,report on Schedule "E".Property held by
the decedent as tenant in common with another or others,should be identified as to quantum of interest and
the estimated value should be that of the decedent's interest only.
The real property located In the Commonwealth of Pennsylvania should be
described by lot and block number,street and street number,together wi th
a general description of the property,with a reference to the record of the
conveyance by which the decedent took title;If a farm state number of a·
cres;also statement of mortgage encumbrances upon each parcel at death
of decedent.Taxes,assessments,accrued Interest on mortgages,etc.,are
to be listed on Schedule "F"and must not be deducted from this schedule.
Lot No.1501.22 X 100 •in the City of
Monessen.,Westmorel and County.Pennsylvania.
upon which there is erected a two story frame
house.For chain of title see Deed Book Volume
1180,Page 535.
Part of Lot No.9.Block 8.Plan of North
Charleroi Land Company.in the Borough of North
Charleroi.Washington County.,Pennsylvania.upon
which there is erected a two story frame house.
For chain of title see Deed Book Volume 604.Page
202.
(1)
ASSESSED VALUE
FOR YEAR OF
DECEDENT'S
DEATH
:L II e
(2)
ESTIMATED
MARKET VALUE
5.500.00
5.800.00
(3\
DEPARTMENT
VALUATION
CAUTION(Do not write
In this space)
SSO()·tJoI
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.
11.300.00 11300.00
(
RcC-315
t .COMMONWEALTH 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 ~eath.Property owned by the decedent jointly with another or others
must be listed under Schedule "E".Intangible personal property,titled in the name of the decedent,but
payable at death to another or others,including but not limited to 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 personal 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 interest or dividends,salaries or wages,insurance pay-
able to the estate or fiduciary in said capacity,partnership interests,interest in anyundis tributed
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 ITEM UNIT ESTIMATED DEPARTMENT VALUATION
No.List and describe fully VALUE MARKEl'VALUE (Do not write in
this space)
Checking :iAccount No.294-6967,.Mellon 436.92 .4d~.q Q
National Ba~and Trust Company,Charleroi
Office,Joseph Gysegem
'.~
Insert this total opposite "Personal Property",Schedule "B"in X X 436.92 v..J ,.9'~
the "As Reported"column on the last page of this return.
.....CO~m6N\\KtLTH oi<'PENNSYLVANIA
TIUNSFER INHERITANCE TAX
~SSIDENT DECEDENT
SCHEDULE "c"
TRANSFEItS
(1)Did decedent,wi thin two years of'death,make any transf'er of'any material part of'his estate,without
receiving a valuable and adequate consideration theref'or?(Answer yes or no)no
(2)Did decedent,within two years of death,transfer property from himself to himself and another or
others (including a spouse)in joint ownership?(Answer yes or no)_n_o _
(3)If the answer to (1)or (2)above is in the affirmative state:
(a)Age of decedent at time of transfer _
(b)State of decedent's 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)__n__O _
(a)Was there any possibility that the property transferred might return to transferer or his
estate or be subject to his power of disposition?(Answer yes or no)no
(b)What was the transferee's age at time of decedent's death?__
(5)Did decedent in 'his lifetime make any transf'er Without receiVing a valuable and adequate consideration
therefor under which transferor expressly or impliedly reserves for his life or any period which does
not in fact end before his death:
(a)The possession or enjoyment of or the right to income from the property transferred?
(Answer yes or no)__-'n::.;:o'--_
(b)The right to designate the persons who shall possess or enjoy the property transferred or
income therefrom?(Answer yes or no)__n_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 decedent in his lifetime make a transfer,the consideration for which was transferee's promise to
pay income to or for the benefit of c~re of transferor?(Answer yes or no)__~n~o~__
(8)Did decedent,at any time,transfer property,the beneficial enjoyment of which was subject to change,
because of a reserved power to alter,amend,or revoke,or Which could revert to decedent under terms
of transfer or by operation of law?(Answer yes or no)n~O~_
(9)If the answer to (8)above is in the affirmative,was the power to alter,amend,or revoke the inter-
est of the beneficiary reserved in the decedent alone or the decedent and others?
(Answer yes or no)_
NOTE 1:The answers to these questions should be supported by affidavit by the attending physician as
well as a copy of the death certificate.
NOTE 2:If answer to any of the above questions is yes,set forth below a description of the property
transferr'ed,it's fair market value at date of death,dates of transfers and to whom transferred,with
relationship of transferees to decedent,if any.Submit copy of any trust deed or instrument,if trans-
fers are claimed to be non-taxable,also submit detailed statement of facts on which said claim is based.
NOTE 3:List applicable property below in manner in which provided in Schedules A,B,or E.
ITEM DESCRIPTION
NONE
MARKET VALUE
(Estimated)DEPT.VALUATION
(Dept.Only)
Insert this total opposite "Transfers",Schedule "C"in the
"As Reported"column on the last page of this return.
,~CC-37'(1<-6,3)'
COI\1~1(JNWEALTH OF PENNSYYLANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "0"
BENEFICIARIES
BENEFICIARIES AND ADDRESSES RELATIONSHIP SURVIVED(If step'children or DATE INTEREST OFStatefullnamesandaddressesofallwhoillegitimatechildrenDECEDENTOF.BENEFICIARYaveaninterest,vested.contingent or other are involved,set STATE YES IN ESTATE
wise in estate)forth this fact.)OR NO BIRTH
Mabel Ann Gysegem wife yes
1286 Count~fY Club Road
Monongahela,Pa.
Melvin Joseph Gy:segem son yefj3
1286 Country Club Road
,r-d..
Anna Gysegem sister yes
R.D.#2,Box 585 D
cnarlerOl,l"'a.
Madeline Gy.segem sister yes
R.D.#2,Box 585 D
cnarlerOl,J:'a.
George Gysegem brother yes
R.D.#2,Box 585 D
cnarlerol,.pa.
(
h
Deponent further says that all the above-named beneficiaries are living at this time except below:
NAME DATE OF DEATH RESIDENCE
NONE
OF THE
ESTATE OF
~IATIER OF THE APPRAISEMENT
(Executor-Administrator.
must complete "AS
Reported"column #1.)
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D1 THE
!No /~J3!.Year ~.~.Will
Administration
..~9$~.~~..:F..•....C:;.~l!:@.M .
Deceased
Late of ....~~~~~f.ield Township.......................................................
~~~~~
County of ..W~~~()~...'c:::J'..."'"....~:....
:::c -C-"1 ~=:_-.;~:;;c.r;.;/].~:=..
Commonwealth ;of mnnsylvania ~">":::_r--:,)I'f.•::0 ,'_:.,~0 C~)
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REPO@'~I)APPRAISAL.--~
CIlc:~~>~WCIl CIl ><?"?-?-
r)ta.~::::::
OLIVER N.HORMELL
Attomeyat Law
423 Third Street
California•.Pennsylvania
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RCC-81 (2-64)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
INHERITANCE TAX DIVISION
NOTICE OF FILING OF APPRAISEMENT
_____...:::O-=l~yer N.Horme11-Admr.C.T.A.
(~OO~~~
IN YOUR REPLY PLEA.E
REFER TO
37-244-1
J
In Re:Estate 0 f __---"J....QLJ.s..."e"*p.LLb.L...;l.F'-"•......,.G~y~s2.Se"<;g;.se<JJmil....--------
_____~vlE<.a~sh!.A.l~·n~~~t~o!.J.nL-.County -FHe No.63-68-1538
Dear Atty.Horme11,
You are hereby notified that the ~O~rl=·~g~ina~~l _
appraisement in the estate of Joseph F.Gys'egem
has been filed in the office of the Register of Wills qf Washington
County on January 8 19...11 Said appraisement reflects'the
following valuations:
Real Estate --:;;=Il=·::z·~;""'3~·O.:::.'-.:::O~~W=_
Personal Property ~t~3~64.9~2~__
Transfers ~----_
Total ~1=1~,......73..L;6>!...L..9~2=-----
As to such tax that is paid within three months ,from date of
death,a five (5%)percent discount is allowable.As to any tax that
remains unpaid after one year from date of death,interest at the rate
'of six (6%)percent per annum is charged.
Any party in interest who is aggrieved by an appraisement may
_appeal therefrom as provided by law.
Dat e --.:J::..::a:::.n.:..:ua=r..J.y:........::8:..z.--=1~9..L.7..=1'___
DATE OF DEATH:October 29,1968
Note:This is not a bill.
Signed
Title
!v.ffL~4&/~I '
Vi.R.CHANEY,CHIEF APPRAISER
..'..
RCC-39 (5-68)
COMMONWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SUMMARY
Estate of Gysegem
(Last Name)
Joseph
(First Name)
F.
(Initial)
DATE OF DEATH 10-29-68 FILE NO.63-68-1538
REPORT OF INHERITANCE TAX APPRAISER
I,the undersigned duly appointed Inheritance Tax Appraiser in and for the County of_--!\V;.!.,!,a~s~h~mg:!:!·~t~o~n~_
Pennsylvania,do respectfully report that I have appraised the real and personal property as reported in the foregoing return at
the values set forth opposite each item in the last column to the right in Schedules "A","B","C",and "E".
Dated:__-=1:......-..=8_-7..:..;1=--_
REPORT OF THE REGISTER OF WILLS
I,the undersigned duly elected Register of Wills in and for County,Pennsylvania,do respect-
fully report that I have allowed deductions in the amounts claimed by deponent,except as to those items where a greater or
lesser amount is set forth in the last column to the right in Schedule "F",which greater or lesser amount represents the sum
allowed as a deduction.
Dated:_
REGISTER OF WILLS
INVENTORY
Real Property (Schedule A)
Personal Property (Schedule B)
Transfers (Schedule C)
Joint-Held Property (Schedule E)
TOTAL GROSS ASSETS
Less Debts and Deductions
(SCHEDULE F)
CLEAR VALUE OF ESTATE
Valuation of life estates or
VALUE AS REAPPRAISED
$-------+--
(
COMPUTATION OF TAX
:::::::::::t===
FOR USE OF REGISTER ONLY
Tax on $+-""""
Tax on $+-_~
Tax on $---------+---Tax on $+-__
Tax on $---------t--"""-~,}I~
Exemptions========:;::==Total Estate ---I__
TOTAL TAX
Less tax previously paid
BALANCE
Less 5%of tax if paid within
3 months after death
$--------+---
$--------+---
$------~-
$------~-
$--------+---
$----------'---
(*)As evidenced by Charitable
Exemption Certificates issued
by the Secretary of Revenue.
BALANCE OF INHERITANCE TAX DUE $t=
Add interest at rate of 6%fro~
_____to $------
AMOUNT OF ESTATE TAX ASSESSED $----~I-
Estate tax paid $---.Jl.-
BALANCE DUE $-----lL-
Add interest at rate of 6%from t=
-------ttIO-----$---------l'
TOTAL TAX BALANCE $-----~PAID $....J
FOR USE OF REGISTER ONLY ADJUSTMENTS
NOTE:Where subsequent adjustments are made to the above computation of tax by the Register of Wills,for proper reason,
same should be noted below,with short explanation.
:~~inistratiOn !No Year .
IN THE
MATTER OF THE APPRAISEMENT
OF THE
ESTATE OF
JOSEPH F.GYSEGEM....,.
Deceased
Late of .....,F ALLOtTFIELD T"irJP•..
County of.vlASHlNGTQ:iJ..
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
,,/
".
Fonn RCC-2.-
DEPARTMENT OFitEVENUE
BUREAU OF COUNTY COLLECTIONS
HARRISBURG.PENNA.17127
COMMONWEALTH OF PENNSYLVANIA
RESIDENT INHERITANCE TAX
APPRAISEMENT
DATE J.:a.n.:\J.a:r.y e..,J.971 .
COUNTY r.J.§,§.h.;j,,rlgt..9.n .
FILE NO §.?::::.§.?=!~?.?._ .
Whereas,y.9.~.~p.h f..~.Qy.~.~g~m late of f.ill.9w.f..:j,,~.lq r.WP.L .
in the County of :Jlas.hington.Commonwealth of Pennsylvania,having died on
the ?.9th day of Q.g.t.9.1?~.r 19 9.$.,seized and possessed of an estate
subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania;
Therefore,I,!.~.~..~.~~,an appraiser duly appointed according to law,
having been designated to make a fair and conscionable appraisement of the said estate,and to assess and fix
the cash value of all annuities and life estates growing out of said estate,hereby file the following appraisement:
In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent 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.
Description of Allet
REALTY:
See COpy of schedule "A"attached to appraisement
PERSONAL:
See COpy of schedule liB"attached to appraisement
...'
Total
Unit
Values
$
Appraisement
Made for InheritanceraxPurposes
1l.10C 00
l...16 92
11.T3~92
Having been duly swo.rn according to.law,I do hereby ce~that the above appraisement is made in con-
formity with law on this ~day of (J.~:~..l,nJ'O·j"k ~..7/.
............................!..Y..•...D.:...........T ~.... .
Ap raiser
W ("umber and Street)
············ ·..·~~~;i ····..········..· ,Penna.
"
.............................1I,TC3:.s..J:l.~~~.c:>:r:County
RESIDENT INHERITANCE TAX APPRAISEMENT
Estate of
........................Jo.s.e.ph F Gys.egem ..
Deceased.
Late of
...............................~.Cl:~.?~~~.:~~~~~..
Date of Death,1~29~6B:..
Appraisemei!t Docket Vol.,.3.7 .
Page,?44:-.+.....................No...23..~.t?$.~J.,~3.JL
Filed in Register's Office,~<:l.1}.~?J9..7.;J.,..
Amount of tax due,$.
DEPARTMENT OF REVENUE
Received,
Exa.mined and Approved,..
Wrote abo.ut·Appra.isement,
Appeal t,.om Appraisement,..
Entered and 'charged,..
~,.
\
-'
AND AGENT OF THE COMMONW&ALTH
..;
Form RCC·10,
.~
OFFICE OF THE
REGISTER OF WILLS
OF WASHirNGTON COUNTY
6 3 -h f3 - /S-3 "8
STATEMENT OF DEBTS
AND DEDUCTIONS
./
DEDUCTIONS ALLOWED INZ.'I-~o.J<~'15(,(.1:/.;)'2.33Z~3.y 1793:<3T E SUM OF $~..
DATE APPROVED •......•/~=/...~~.?..!:.......
'A:~J~~A~~
Regl.ter of Will.,Agent ~
JOSEPH F.GYSEGEM
DATE OF FILING APPRAISEMENT ..;:J:..:u;;;.:n:.;:.e~-=2-=2:...i,~1~9..;;,6..;;,9__DAT5 OF DEATH Octob.er29,1968
DATI!:NO.OF NAME OF PAYEE REMARKS AMOUNTVOUCHC"
1969
Aug.I Washington County Reports estate advertising 14 00
12 Auth.Borough of Charleroi ~ater service (5 5~
'p.1U,PI;;.1l-y
(3s'~Oct.8 Monessen Realty Corp.insurance coverage,Monessen/
Realty insurance Rro~er1.¥(35 01))Monessen Corp.coverage,C ar erol~
Oct .le F.J.Buckley Ins.Agency ~dministrator bond 18 00
Malcolm L.Morgan,Co.Treas.1969 County tax-Char~e~B~r;y <il 7;)
John J.Spielman,Collector 1969 school tax-MoneRs8Reyty (138 OQ)
John J.Spielman,Collector 1969 .~roperty (72 4j)Clty tax-Moness n,j
John J.Spielman,Gollector 196~county tax-Monessen (28 30
Oct.13 Monessen Realty Corp.appraisal fee 70 00
Oct.14 Dorothy B.Sowden,Tax ColI.1969 school &borough taxes (141 y)
Charleroi property
Nov.12 Auth.Borough of Charleroi !Monessen -water service (s 50)-r--Nov.12 W.F.Caruthers,Esq.legal services to estate 10 50
Dec./.Valley INdependent estate advertising 10 75 -
D.Keith Melenyzer,Esq.Reimbursement for letters 15 00
C.T.A.&2 short certificates
P~b~e Auth.of Borough of Charleroi water service:-Monessen (?5"®
May 1 ~Auth.Borough of Charleroi ~ater service -Monessen Ci ~
June 12 Western Pa.National Bank charge for checks 2 09
John J.Spielman,Tax Collectpr-1970 county tax -Monesse[l (33 5V-
.Tllnp.':7.Russell Marino filinll inventory 3 00.
June ~a Khlar Price refund of hand money 0.00 00)
July e Bov A.Franks,Prothy filing answer of Admin.C.T.A 2'99
to petition for non pros
I~l •ut:t~r .Ll.ldblu::>t:~u L..LllgcalmorWlw(conti[lued)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Washington
I,Oliver N.Hormell HeREBY CERTIFY.THAT.TO THE seaT OF
Page 169-106
.ANNA S.DtAvAN
Notary hlltic.ealil:;rnia.Washington Co.
My commission Expires June l~,1975
MY KNOWLI!:DGE AND BELIEF.THE FOREGOING IS A JUST AND TRU E srATEMENT OF DEBTS,FUNERAL.EXPENSES AND EXPENse OF
A••'N,a'."'.N aU••'Tn.'0 ,••ESTA,.OF .losePbt~_~Aa .'OU""ON."'.
INHERITANCE TAX PURPOSES.~~........(L.S.)
SWORN AND SUBSCRIBED BEFORE ME THfS 30th DAY 01'lver.orme ,sq.an Julv /J=1}="H~><rr~/.
\'.
Form RCC·IO DEDUCTIONS ALLOWED IN
OFFICE OF THE
REGISTER OF WILLS
OF __W_a_s_h_i_n--,go.<-t_o_n__COUNTY
STATEMENT OF DEBTS
AND DEDUCTIONS
THE SUM OF ...........•$..
DATE APPROVED •..........
AND AGENT OF THE COMMONW&ALTH
Register of Wills.Agut
ESTATE OF JOSEPH F.GYSEGEM LATE OF Fallowfield Township
DATE OF FILING APPRAISEMENT June 22,1969 OATS OF DEATH October 29,1968
DATE NO.OF NAME OF PAYEE REMARKS AMOUNT~~~~VOUCH""
.1..;;7 v
(36 ~July 10 Malcolm L.Morgan,Co.Treas ~970 county taxes -Charleroi
J¥ly 31 Dorothy B.Sowden,Tax Col.1970 school &borough taxes (138 Sv
Char~eroi property
Aug.6 John J.Spielman,Tax Col.1970 school tax -Monessen 048 76)
Authority of Borough of Charleroi water service ~S S~
Joseph Sitte,REaltor appraisal,eharleroi property 3S 00
Aug.10 Howard F.CArson,Esq.Reimbursement for filing 11 00
election to take against wil
Aug.14 Charles M.Penwick,Realtor ~ppraisal-Charleroiproperty 40 00
Sept.30 Mary Jane Dreyer ~ranscript of hearing on 16 10
motinn for non -pros
Oct.27 Mon Valley Sewage Auth.Monessen -sewage (s ,~
Nov.6 .Mary Jane Dreyer Copy of transcript of 'hearin~9 4S
on motion for non pros
Auth.of Borough of Charleroi water service (.S I-SQ)
w I-illlng pe'tl'tl0n 'to sell
Nov.24 Russell Marino real estate 10 00
Mon Valley Sewage Auth.Monessen,sewage service (J4 70)
l~ll
(14 .70)Pph ?r::;Mnn V::lllp.v Sp.W::lue Auth Monessen sewaD'e service
Mar.8 Auth.of Borough of Charleroi Water service ~.;s.B
John J.Spielman,Coll.1971 City Tax,Monessen (81 ~4'
Alfieri Realty ~ommission on real estatg.lj 348 00 -
Oliver N.Hormell,Esq.Attorney's fees on real esta e 121 00
sold
John J.Spielman,Coll.~970 City Tax,Monessen \aQ.9V
May 4 Auth.of Borough of Charleroi Monessen,water service ~S9l
May j 7 Mon Valley Sewage Auth.Monessen,sewage service "J:.4 7gJ
COMMONWEALTH OF PENNSYLVANIA lcontlnued)
Page 2
NotalY ,ublic.California.'Nas~in :ton Co.
My Commission Expires June 16.1916
69-106
30th L.--S:;::::;;:;~~;:2~~~~~~~:::s....L (L.5.)
SWO~N AND SUBSCRIBED BEFORE MI!THIS DAY OP'
t2;;~dj~:."''''..
COUNTY OF Washington
Oliver N.Hormell-----".......;:;..::..~--:..:..:....:=.:.:.:.:.=..::::.=..------HEREBY CERTIFY.THAT.TO THE BEaT OF
FUNERAL EXPENSES AND EXPENSES OF
I,
MY kNOWLEDGE AND BELIEF.THI!FOREGOING IS A JUST AND TRU E STATEMENT OF DEBTS,
ADMINISTRATION SUBMITTED TO THE ESTATE OF Jose h . G se em
INHERITANCE TAX PURPOSES.
.'
Form RC ColO.;
;OFFICE OF THE
REGISTER OF WILLS
OF Wa 5 j ngton COUNTY
STATEMENT OF DEBTS
AND DEDUCTIONS
DEDUCTIONS ALLOWED IN
THE SUM OF ...........•$.
DATE APPROVED .......•...
AND AGENT OF THK COMMONW5ALTH
Register of Will.,Agent
JOSEPH F.GYSEGEM Fallowfield TownshipESTATEOFLATEOF...._
DATE OF FILING APPRAISEMENT ,IUD e 22,1969 DAn OF'DEATH October 29,1968
Auth.of Borough of Charleroi Water service,Monessen
D....TI!:
J.':JIJ.
June 1
June 2
Aug.2
Aug.3
Aug.16
Sept.15
Oct.8
NO.OF
VQUCHIliiiJt NAME OF PAYEE
A.H ..Ritz er
John J.Spielman,ColI.
Buckley Insurance Agency
MOn Valley Sewage Auth.
John J.Spielman,Coilll.
Dr.Ralph Garof alo
REMARKS
roof repairs,Monessen
1971 County tax,Monessen
IAdm.·bond premium
sewage service
1971 school tax,Monessen
services rendered decedent
AMOUNT
6 srU
!i0 00
(14 70)
51 00
Brownsville Gen Hospital blood service charge 25 00
Auth.of Borough of Charleroi water service
Mon Valley Sewage Authority sewage service
Nov.9
Nove.26
Dec.29
1972
T"l"I,7;
Feb.3
Feb.2]
Feb.28
Auth.Borough of Charleroi
Mon Valley Sewage Auth.
1M""",,,,,,,,,,"Rp;:l1 'tv rorn.
James W.Riddell,Plumber
John J.Spielman,Coll.
water service
sewage service
Ii n <::l1r;:lOrp
hot water tank
1972,city tax
Apri 26
June 2
Monessen Realty Copr.insurance
Mon Valley Sewage Authority sewage service
(61 00)
c....14 7...0
Auth.of Borough of Charleroi water service (jf 3])
John J.Spielman,Coll.1972 county taxes \}3 isi)
Aug.10 Auth.of Borough of Charleroi water service (s'~-.-....--tr-----+----+-------~-------+---------------_+_-_;?o2:::l;;=t::i~-
John J.Spielman,Coll.1972 school tax C!48~
F.J.Buckley,Ins.Admin.bond premium 40 00Sept.7
Mon Valley Sewage sewage service (14 m
Oct.25
Nov.
James W.Riddell,Plumber
Auth.Borough of Charleroi
bathtub repair
water service
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Wa s;ogtoo
I.Oliver N Harrop]]HEREBY CERTIFY.THAT.TO THE BEaT OF
DECEASED,AS DEDUCTIONSi FOR
SWORN AND 8UIIISCRIBID BEFORE ME THIS 30th
'74---Jul.¥-.(.7 1J..III ...l.L{,/~./'"a >/~~9.DlP\lflN
MY KNOWLI!:DGE AND BELIEF.THI!:FOREGOING IS A JUST AND TRUE STATEMENT OF DEBTS,FUNERAL EXPENSES AND EXPENSES 0 ..
ADMINISTRATION SUBMITTED TO THE ESTATE OF Jose h F.se em
INHERITANCE TAX PURPOSES.
69-106 Page 3
~'
Form RCC·10...
OFFICE OF THE
REGISTER OF WILL6
Was hingtonOF~COUNTY
STATEMENT OF DEBTS
AND DEDUCTIONS
DEDUCTIONS ALLOWED IN
THE SUM OF $..
DATE APPROVED •..........
AND AGENT OF THE COMMONWIiALTH
Regilier of Willi,Age.t
JOSEPH F.GYSEGEM Fallowfield TownshipESTATEOFLATEOF _
DATE OF FILING APPRAISEMENT _J_u_n_e__2_2-:,:....-1=-9....:..6_9__DATri OF DEATH October 29,1968
DATil!:NO.OF NAM&:OF PAYEE REMARKSVOUCH""AMOUNT
l~lZ
(15 ~Nov.]Mon Valley Sewage Authority sewage service
1973 (Ii~Pol.I?n Mnn V::Illp.vSp.w::IO'e Authoritv sewa2:e service
~uth.Borough of Charleroi water service r:?itO)
May 7 John J.Spielman,Coll.1973 county tax (86'2)
Auth.Borou2:h of Charleroi water service (1:0 ~
May 8 Mon Valley Sewage Authority sewage service (2'4 l1JY"
June 25 John J.Spielman,ColI.1973 county taxes (33 ~
Aug.1 Auth.Borough of Charleroi water service (6 ~v
John J.Spielman,Coll.1973 school taxes 64'8 j)
Aug.10 Mon Valley Sewage Authority sewage service Q-LV 7J'
Oct.19 F.J.Buckley,Ins.Admin.bond premium 40 00
~I-....
Nov.9 Auth.Boro of Charleroi water service 04'[9J
~~.Mon Valley Sewage sewage service (33'8:P
J.~/"T ~1'1=::'
Feb.13 Auth.Borough of Charleroi water service (14 ]J
Mon Valley Sewage Authority sewage service (35m:>--Mar.5 John J.Spielman,ColI.1974 c.ity tax ~4 J~-
May (11 Mon Valley Sewage Authority sewage service (32 11
Auth.Boro of Charleroi water service (14 66)
June 21 John J.Spielman,ColI.1974 county taxes (33 2JV
Total 5,181 35
lUfi",O"L _.A_)jjf '~~-..J-~fl -:1.u-----(
~"~,,~~.,,-r-h (/-
;2.7$0 ~L~f/{~_
~
De~;'f'.t'Jt1cq;z ,./:2fIS~~<)
f
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Washington
I,Oliver N.Hormell,Esq.
69-106 Page 4
:-....c;:C)
.'-.j ~
--1 ~:::::J
--<q;:
!}.:::t---"--...
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Form RC C·!~
qFFICE OF THE
,REGISTER OF WILLS
OF _....:.W.:..:.A.:..:S::.:H:.:.I=..:N~G..::.T..::.O..:.;N~·_COUNTY
SUPPLEMENTAL
STATEMENT OF DEBTS
AND DEDUCTIONS
DEDUCTIONS ALLOWED IN
THE SUM OF $ .
DATE APPROVED ..
AND AGENT OF THE COMMONWIiALTH
Est.No.63-68-1538 Register of Wills.Agent
ESTATE OF JOSEPH F.GYSEGEM LATE OF _..::.F...;;a:..:l:.:l::...:o:...w:..:...=.f-=i.::.e-=l:..:d:.....:T::...:o:...w;.:.n=s.:.:h:.=i~p:....-_
DATE OF FILING APPRAISEMENT June 22,1969 OATS OF DEATH October 29,1968
HEREBY CERTIFY.THAT.TO THE BEaT OF
SWORN AND SUSSCRISED BEFORE ME THIS 24th
November .'-Ie ~
o/h~9n~
COUNTY OF WASHINGTON }
I.Oliver N.Hormell,Admln.C.T.A.
MY KNOWLI!DGE AND SELIEF.THI!FOREGOING IS A JUST AND T
ADMINISTRATION SUBMITTED TO THE ESTATE OF ---.;J:;..o::....::.s..::.e~~~-F-~~l..:::.:::.:...-~'OECEAt!lED.AS DEDUCTION$FOR
INHERITANCE TAX PURPOSES.
DATI!NO.OF NAM&:OF PAYEE REMARKS AMOUNTVOUCHEit
19 74 Rep.Admin.June 28 Chas.Skomski,Esq.at Hearing 100 00
July 24 R.Marino,Reg.of Wills Filing Account 20 00
AnO'1 7.Auth.Bora of Charleroi Water for Rental U41ft,
John J.Spielman,Tax Colle~tor 1974 School Tax Gis 76)
Man Valley Sewage Auth.Sewage for Rental (32 3j
F.J.Buckley Insurance Admin.Bond 40 00
Aug.13 Oliver N.Hormell -AttornIeys and Admin.Fees 1,946 34
Nov.1 Auth.Bora of Charleroi Water for Rental (12!OJ'
5 Man Valley Sewage Auth Sewage Gi!9P-l~l I~Insurance on R/E 36 00Jan29MonessenRealty(LiabilitYD
Feb.3 Man Valley Sewage Sewage 63 ?J>
3 Auth.Bora of Charleroi Water for Rental C17 2P
Cir ~
Mar.11 John J.Speilman,Tax Collector 1975 City Tax 5.}
Apr.9 Monessen Realty Corp.R/E Fire Insurance 09 ~
May 2 Bora of Charleroi Water for Rental Q..O 3..9
6 Man Valley Sewage Authoritv Sewage C£O ~
k:tor ~'3 ~8)June 12 John J.Spielman,Tax Colle 1975 County Taxes
Aug.1 John J.Spielman,Tax Colle~tor 1975 School Taxes {J.,4'8 ij)
Auth.Bora of Charleroi Water for Rental (16 28)
4 Man Valley Sewage Auth.Sewage for Rental C0 'Z,'/l}
26 Crosby Exterminating Co.services Q"z5 OJ))
Nn1T 1:\Authv.Bora of Charleroi Water for Rental (1'33b
Man Valley Sewage Authy Sewage ~6 4P
F.J.Buckley Insur.Admin.Bond 40 00
Oliver N.Hormell,Esq.Se~vices subsequent 8/13/74 150 00
TOTAL SUPPLEMENTAL DEBTS AND DEDUCTIONS 3,188 86
COMMONWEALTH OF PENNSYLVANIA I~7lU '14~~(!J f5 t'.s'1...~7V{s.:•.
MARlEM M.NEIL,Notary Publfe~
CALIFORNIA.WASHINGTON CO..PA.
My Commission Expires July 14,197Z