HomeMy WebLinkAboutOC1968-1594 - ESTATE OF POLCAWICH~----------=-----------~-------------------:--------------
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IN THE COURT OF. COMMON PLEAS OF WASHINGTON CQUNTY, PA.
IN RE:
ESTATE OF·
~ MARY·POLCAWICH,
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Deceased.
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ORPHANS' COURT DIVISION
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No. 1594 of 1968
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z ~ HEARING ON PETITION OF THE EXECUTOR FOR ORDER OF
~ COURT TO TAKE POSSESSION OF REAL ESTATE ·
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THE HONORABLE P. VINCENT MARINO,
President Judge of the said Court. · ·'
f ~-~RANK ·.fi·. ·BOLTE: E~Q''.",. ·~f Pittsburgh; . ,
Allegheny· County. Penna:. rep·resi:mting the
Petitioner .
NORMAN BARTKO, ·ESQ: .··_of Pittsburgh,
'Allegheny County,. ~~nna.. rep_resent,ing
John Pol<mwich, a residuary legatee.
Wednesday, January 15, 1969, at 10:00 o'clock
A. M., EST.
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WITNESS.
JOSEPH M. POLCAWICH '< z ~ JOHN POLC.A:·WICH > .
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MR." BOLTE: May it,please.the Court, I am Frank BoltG! from
the Pittsburgh Bar, and this is the day set for the hearing on Petitio~
in the estate of Mary Polcawich. The Petition is by..the Executor.
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The original petition as. presented is for possession and for leave
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to make a public sale. T~e petition has since been amended and so
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that this hearing has to ··dor-;,it~ posse~si~d orily. 'Th~ :pr~perty is ..
now in possessi.on of. John Polcawich; who is d'he of the residuary
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devisees in this case. This rea~ estate _is the only asset in this
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estate. The wiil makes certain specific beq~e~ts" tb ·cja,ught~rs,
$500. 00 each and one for $200. 00 to another daughter, and then the
remainder of the estate is given to three sons, John, Andrew and
Joseph.· Joseph is the Executor·and John is the party in possession.
Now he has been in possession of this property
under an oral arrangement since shortly after the death, which
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occurred on May 2,-1964 ... Mr:. Polcawidi was appoint~d Executor
on June 5, 1964. Shortly thereafter, arrangements were made-for
Jo~n to purchase the property. ;He went to an office, lawyer's
office and we will show, if we get into a formal hearing, that all
the arrangements were made for the transfer of this property over
to John. The deed was prepared and it was to be a transfer
by deed.
John then didn't go through with that arrangemen,
. remained in possession and has been continuously in possession.
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We have had o,ther ptfrchasers, 'including one of the sisters who is
the legatee here, and she had agreed to buy when the appraisers
came to the property. They refused tq allow any appraiser into the
pruperty for purposes of appraising or for purposes of inspecting • for sale and· that has been the situation until the present time.
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w_e feel that as. we allege in the Petition, ther.e are
>-Ill z z debts in this estate that have to be paid. There are legacies that havE
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i 0 to be paid,. . And.somehow we have to get off dead c'enter. We feel
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.: cannot arrive a~ a price, then we would ~ubrriit the property to public
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sale. The 'property, 'in the meantime, has been deteriorating.
There are two building; on this property. One building is occupied
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by John; the other is simply boarded up, but is under his dominion
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IIi and control.· Nothing, not even ordinary maintenancehas been done
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there because we couldn '.t get !lear the property.
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THE COURT: Are all the.parties ·repres·ented here in Court , .· . ~
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0 MR. BOLTE: Yes.
MR. BARTKO: May it please the Court,i my name is 'Norman
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Bartko and I represent John Polcawich, the heir in possession of
the real estate.
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THE COURT: All right', we will proceed with our hearing. Mr
Bolte, will you call your witnesses?
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JOSEPH M. POLCAWICH IS CALLED AND SWORN.
DIRECT EXAMINATION. BY MR.• BOLTE:
Q Will you state your full name please?
A Joseph M. Polcawich .
Q Where do you live ?
~A z I live at 183 38th·Street, Pittsburgh, Pa.
o( > .J ~Q z . And you are the Executor of the estate of Mary _Polcawich, deceased
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":A Yes. --z 0 1-C) ~ Q She is your mother.
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, And John Polca;w-.ich·is your brother.
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That is correc't.
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' . When did your mother die?
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N A May of '64.
eli II: Ill Q 1-II: When were you appoirt ed "executor?
0 0. Ill II: A I think it was in June.
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0 Q u The same. year?
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Q At the time ofher death, ·where did your mother live?
A At Elrama, Pa., Collins Avenue.
Q Did she live in the property in Union Township which is the subject
of this estate?
A That is correct.
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John Polcawich
A . She was living by h~rself. ·
Q · This property is located in Union Township, Washington County.
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That's correct.
Will you describe the propert:y? ··
Well, there's two pieces: There are two homes on the property ..
There's a 13-room house and a 5-room house.
How many rooms in the first house?
I think there's 13, ~ncl uding the baths:
Now were ~here any arrangements made with yrur brother.John
con~erning this property J
Well, wh.en mother die·? I· took over and we rented it for awhile.
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• J, ., • .. : • ~~ -~ '. ! .. ' "' ~ • It's a t\yo-family a.ffair'~and my sis~er livect.;in ~ne house:and.'I had ·.
renters upstairs, then I got the renters out and John came down
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' to my house and asked me if he could b_uy the property with my other
~. brother, Andy. And we agreed on selling ,him~ the ,.property,' And I
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said to him, "You might' as well move into the house.'" And we
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went to s~e an attorney; in Mo"noilgahela and 11 told/ ·_t~'You.m)ght
as well move into the house until we get some money tog.¢ther to
pay for the property." Well, he moved in the house. And I waited
a month, two months and nothing ·happened.· The sisters were on
me for the !TIOney so. finally I called him. I said, "John, '' I said,
"Let's make arrangements to get this settled. "·-He said, "I'm not
going to pay for the house and I'm not moving out." He said, "It's
my house as well as yours";· and that was it. He wouldn't :tnov e
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or let anybody in there. . .
Has· he continued in possession since that time?
That is correct. -'
When was this arrangement .~ade? Was it '64 or '65?
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't' I don't remember the date .. t, ... ~ .. .,
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Now was this property appraised for Inherit_ance Tax purposes?
That is correct. . '
And what was the appraisal? ,
I think it was $9800 at that time .. 'That was a rough apprc;.isal.
Do you recall what arrangements were made with your brother
concerning price when he moved l.nio. the place?
Yes, we were going to give it to _him a lot cheaper;·,\-Y.e:were going to
give it to him for $7, 500 at that time.·
And was that $7, 500 to pay the debts also?
To pay the debts and also pay th~ girls off.
Now during this period of tirre that he has been in possession, has
he paid you any rent?
Nothing.
Has he maintaineud the .two buildings on the prope.rty?
A Not that I know of; I haven't.seen it.
Q. Haveyou made arrangements for the sale of this property to, anyone
else in the interim while he was in possession?
A My sister was interested in the property. In fact, she called me
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a few times that she wanted to buy it.and made arrangements to put
hand money down, but he wouldn't let, according to her., he wouldn't
let her in there to appraise the property and 'she couldn't get any
money on it. And I think there was a few other buyers, but nobody
could get in to ·appraise the' property.
. Are there any other asset~ in this estate other than this real estate?
That's aH.
And is the sale of this real estate necessary in order to• pay the
debts?
That is correct.
And to -pay the various legatees in the will?
That is corr.ec~. ·.
When you rented the property shortly after your mother's death,
what was the rent· received·? '
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$50.00 upstairs of my m~the:.'s hous .. : ~~~ $35', 09 .~o .my sister down
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at 'the five-room house. Since that time it's .. been boarded up, the
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windows have been broke and I think everything 'is. ruined inside.
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• You say the rental was $50 ,oo for the upstairs?
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Yes:
And who occupied the downstairs?
A John. Before that my mother was there.
Q Did John pay any rent for the downstairs?·
A Not a pennyjr
Q And the other, the s·maller house yo.u say was $35. 00 rent?
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there.
A . Because my sister was' living/at that time. When she bought a house
I didn't rent it. I left it vacant.
Q Is it possible for you to sell this prqp~rty if you don't. have possessicn
' so thatyou .car show .if. to prospective buyers? • A No. 1 can't do anything beca~se-he won't let anybody in 'there.
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X Ill < ~ CROSS EXAMINATION BY MR. BARTKO:
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( . During the administration of this estate, you' collectedr·entals .-
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from this property, is that correct? . .
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1-it -isn't too much: I· put a'lo~ ofrepairs into it. !-. a:
:J 0 u Q Does· the figure of $525 ~ 00 sound right?
.J < u ii: II. A It-could be; I don't know off .:.hand.
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Q In the Petition filed in this matter, there are certain expenses listec.
Are these rental monies availabl~ for the payment of some of these
expenses?
A I put rrioney into the house, I think, more money than I got in rental..
I don't remember· the figures but I think I gave them to Frank at that
time. I had the house painted, repaired, fixed up.
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Q Then some of. the maintenance .and ·repair items then have been paid
for.
A Yes. There's been items paid for.
' Q So thar those 'bills are not now ~utstanding, is that correct?
A 'fhere's a lot of bills outstanding.
~ Q. z Ar_e the repair bills outstanding as unpaid now? ·~ .
o( > .J )o A Ill No. I think it breaks out pretty close to.even on the re_pairs and
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i the amount that I got in~ on· rtel<£ta:ls . Are you just talking about repai s?
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~ MR. BOLTI: If the Court please, I objec1L
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to·the relevancy of this ·line of questioning because we are not here
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on the audit hearing for ah' accounting af this' time. The matter in
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0 :J MR. ..., BARTKO: May. it-please the ·-c~:mrt, I think it is very releva1 t.
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(II inasmuch as Section 501 of the Fiduciarie.~>',Act states:. that the Court ;, . . '
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and I am endeavoring, by this line of questioning. to _show that the
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ii: Ia. rights of claimants or other parties are not affected by the possessi n
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THE COURT: We don't feel that this line
of questioning -is pertinent to the issue before the Court today.
You have your remedy in law with respect to filing an account at the
proper time, and I don't feel that this is· pertinent in 'the present
matter.
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. MR. BARTKO: Again, in the Petition, the
Petitioner cites as the basi8.8 for his Petition Section 501 of the
. Fiduciaries Act. And with ~heyermission of the Court, I would
' "'11 ' ' ~ .. ... ; '" ' ~ .. .,. • -rt I It J. f like to read a sentence from that act whicl} provides--.-/ ' .. . "
THE COURT: We •are. familiar with the
section; sir.
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MR. BARTKO: Yes, Your Honor .. And
again, our position is that that" section of the act controls the law
to be applied _in this situ_ation.
THE COURT: We have no contention:herE
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the section of the act does apply. But we do notfeel that this line
of testimony is pertinent to the issue at this time. Therefore, the
objection is sustained .. _Exception is noted.
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0: 0 ~ (Continued examination by Mr. Bartko):
0: ... a: g Q During the course of your testimony, Mr. · ·l .: Polcawich, you
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stated that y<;m had negotiated with your brother John for sale of
this property to him, is that :correct?·
A Yes. John came down to work down to my place with my brother an~
asked me if I would sell him the house.
Q Did you agree on the figure?
A We agreed on the figure of $7500.
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Q Are you still in a position to sell this property to him for that figm e?
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. ' A No. Not now.
Q Why has your position changed?
A ·· 'Becau·se his position has changed. He moved 'out. I asked him when
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we agreed to sell him the house, me. and my brother, I asked him
to move in so that he· was paying rent, I think $7 5.00 a month, and I
said, "john, you might as well move-in the hous~." We went up to
see an attorp.ey in. Monong9-hela and· ha·d this thing all thrashed out
' ' where he would p~y the sisters aq.d he woul0 pay my I?rother and me
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what was left after the expenses and we· would make pract~cally nothing
on the deal, 'jps t to sell him the house. After he moved into the
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house, he turned around and told ·me that he wasn't going to buy the
house, he was going to live there and he was going to own the house,
and that's been his positi_on ever since until about, I'd say six o,r
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eight months ago he came down the house and w;anted·~o buy it again.
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He came down with the wffe and I told him it'' s alreaqy :went through,
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Are you still willing to sell him this house ? ~
Not at this price, no.
What price would you be willing to sell this house to him for?
Whatever _the house is appraised for, and I think that he should pay
the rent for the time that he's been in there~ He's been in there for
quite awhile. There's another brother involved, you know. . '
Haveyou discussed this matter with your other brother ? . .
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A Yes, I did. I went to,my other brother lives in Gatersburg, Maryland •.
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I discuss~d it with him a couple times. and he feels the same way.
He is awful, bitter about it and he .wants to get as much as he can
from it now that Johnny has gave us· the ~un~around.
Are there any other expenses of. the estate that still remain unpaid?
Quite a few.
What are those items?
Well, there's hospital bills.· there's expenses of filing the will. ,
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I think Frank has them all. .
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What about the funeral bill? '· '' ,,.
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The funeral expenses . 1
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Is the funeral bill---is it unpaid ?
It's paid. I paid the funeral bill. ·
. Where did you pay that bill---where did you get the money?
I paid cash.
Do you want to know iWheJ·e~]: got it from?
Yes.
My tin other had an insurance policy in my name. I p:1id that bill
in cash before that.
During your mother's lifetime. did she instruct you to pay that fune1 al
bill with the insurance money?
MR. BOLTE: Objected to as immaterial
to this proceeding.
THE COURT: We will overrule the
objection at this time.
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A No, my mother didn't instruct me to pay the funeral. bill like .that.
Q Was there a joint bank account w~th your name and your mother's na tne
on it?
MR. BOLTE: Objecfed to as immaterial. • . .
THE COU:RT: The obj eetion is overruled.
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Yes;. there was 'ajoint ~a~ account in my name and' my mother's A
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z Q' Approximately how much money was in that' bank account?
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MR. BOLTE:
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Objected. to as .immateriaL
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THE COURT:.
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· ' ' The objection is. overrule'd
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Q .0Does:/figure $7, 137. 1,0 sound approximately c'orrect.to you?
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"' Q Do you recall P.aying an inheritance tax. on that joint bank account? . ui . 0:: 1&1 1-0::
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A· . Yes. There .was an inheritance tax; I paid it. I paid half.
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1-Q You filed the return with the Inheritance Tax Department, setting
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e Q This bank account which your mother had in your name and hers,
where did the monies that went into that account come from?
A . Where did it come fro m ? · . ·;
Q Yes. Whol;)e money w.C!-s i( to begin with?
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A Mine and my mother's money~ It was in a joint S;Ccount. I
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Q Where did the money come from originally,from yo_ur mother or
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from you?.
I •. ~ ' \ It came from both of us:. A ' .
' ' Q' Was this account opened with one deposit? .. • A No, it,was a lot of .deposits over· the yearp ·and a lot of withdrawals.
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Was there an understanding between you and"yp_ur ,mother that in
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i in the payment of her expenses and her funeral bill?
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No, no understanding at all. In fact, if you want me to be honest
Ill -< ' ~ with you, my mother, when my mother was living. my mother wante~ .
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In fact, the first will that was ·made out was made out in Clairton,
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0 a. Ill a: Q ... Your mother put your name on her safety deposit box too, didn't .she?
a: :J 0 u A That is correct. ..I -< u ii: Q II.
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And yoD: had the right to go in and· out of that box.
A That's correct.
Q Did you on occasions go into that box alone?
A Did I go intq it alone ?
Q Yes.
A No. While my' mother was living?
0 I mean without your mother there with you wheh you entered and opE ned
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the box.
A. I may have, I don't think so, but I could have and I may have. But
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I doubt it.·
Did you open .that safety depos-it box after your mother's death on
May 2?
Yes, I did.·
164?
Yes.
And at that time, who was present with you when you opened that
box?
When I opened the box my brother Andy ;vas up there~
Was there an -Inheritance Tax man there that day?
No. There was no Inherit'ance Tax .man. ·
T "'; ' . ' .... i. ''' Did you remove anything from 'that box?
' ' Yes. I rem.oved the deed for the 9urial up tat; the cemetery., the . , .
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•. insurance policies.
Was there any money in that box?
No money in there, not a penney.
When your father passed away while working on the railroad, did
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your mother rec:ive a sum in settlement from the! railroad company?
MR. BOLTE: Objected to as immaterial
A I don't know whatmy mother received when my father passed away.
But I kmw she didn't.'receive no \S.um. Rai_lroads do not pay a lumr
sum. She received a pension. I know that. But no lump sum.
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.
Q Did your mo~her receive any death benefit from _tt:Ie railroad compan.
when your father passed away?
A Not that I know. of. In-fact, I'm almost positive she didn't. The rail-
road, I never heard of the railroad giving any death benefit.
Q You never heard of your mother receiving approximately $6, 000
. from the ,railroad?
A In fact, I'd bet my life that s!}e didn't receive $6, 000 from the railro~d.
j t • ' f" 0 -t-I t • ~ • < I . . . ..... ,t
Q At any time did your mother keep any cash in that box?
' . 1
A No,. no cash.::; .
'
Q At no time? .. ,•
.
·-
.
A No time, that I know of. In fact, I went up wi,th her mostly eve~yti pe
she went up.
Q Mr. Polcowich; I show you a memorandum receipt dated June 28, ·
1966, and ask you w_hat that is?
A Yes. My sister gave you $100 handmoney towards buying the property
at that time. And she was willing to ~:my it and I told her she'd
have to come down and see you and .we made arrangements, we cam~
down to your office, gave you the money, then she called you, I
don't remember how much later and toid you that John, my brother ohnny
wouldn't let anybody in the house to appraise the property. So
she couldn't get-any money on it.
Q What was the price at that time, W'ume 28, '66?
A $8, 500. This is an agreement we made at that tin:: e.
11-------tt--------------:----------4---j
I
18
Q And you say this transaction was not completed, 'this tra·nsaction
with your sister arrd her husband was not completed.
A No, it wasn 't;they wouldn't let anybody appraise: the property ..
Johnny wouldn't let them over there .. • Q How about the real estate tax on this-property?
~ A z I paid. so~e of the taxes when ,I had renters in there and I don't
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remember -everything, but I -did' bay ta~e·s. ' ··And th'en when. I· gave ' · ·
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it to you, you handled it after that. But before you handled it I
0 ....
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Q :it Was there a threatened sale for taxes? ' •
~ ~ A a:: Was there what? .... Ill
i5
..I Q ~ Was there a threatened sale for taxes of this prop'erty?
u i5 A :I .., That is correct. There was a threatened sale and that's when I gave
:t ... ....
N you the notice. In fact, I wouldn't have knowed it but my sister
ui a:: Ill .... a:: somehow got the notice and gave it to me, notifi;ed me about it.
0 0.. Ill
0:: Q .... That's all.
a::
:I 0 u MR. BOLTE: May it please the Court,
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I have one more set of questions. Your mother received treatment
0 • from the Homestead Hospit~l during one of her periods of illness,
is that correct?
A That's correct.
MR. BOLTE: And while your mother wa~
in :the hospital, was she receiving pension checks from the railroad?
A I imagine so, yes.
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·.pension checks?
Did I see -any of. th~m?
' ' .~ 4 ' ' ••
Noj I didn:' t s'ee ahy of them .· ·.·
\ .,~ .. ·
-.~ MR. ·BOLTE:
any of these
No.
.MR. BOLTE:
The'Petitioner rests, Your Honor:
' .Did you s~e any o~ these
' . ' ~ . .
.. ,
Yes.
. ..
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.. -. Did your· mother turn o~er
. ·,
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; :That's all, Your.Honor. ..
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Ill Ci MR. BARTKO: · May it please .the Court, befor~ Mr. John
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Polcawich/on the stand, again, I realize the Co~rt -i.s ~W~re c;>f'the·
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X ~ " law. to be ap-plied in this situation. ·· But I want-to bring to the f . . .
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. attention of the Court the fact that the. de~ eden~ died May of l964.~
.... a: 4 .. '• 0 II. 1&1 and that Jthe_•:r:-elevant section of the.act has been.arriended since. that
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date. And that the law that' should be applied in this situation is
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ii: ... 0 :THE COURT: We agree'with,that.
19
'·
.·
•
20
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" . ~ \ •' ! JOHN POLCOWICH IS CALLE.D :AND SWORN: ..,,, ~ .
DIRECT. EXAMINATION BY MR. BARTKO:
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Will you state your nam·e for the Court p!ease?
John ]?olcowich.
·Where do you live,. Mr. Polcowfch?
Elrama, in the family estate.
And you are one of the sons of Mary Polcawich?
Yes.
Under the terms of your mother's will, what. interest do you have in
this real estate? • · .
One third owner of the property and possessions. . .
' Now will you tell the Court how you took possession of this property?
Well, it started when mother was still living. My mother was always
undecided how to do this or how to do that, so she was going to make
me executor. I'm aT. V. man; I don't have much time. So we
decided to let Joe take over because Joe had plenty of time. Joe
had the opportunity. So she says, "Whenever anything happens to
me, I'll leave the property to you three and you pay Andrew and Joe an
agreeable sum. II And that Is when I moved into the property and had
to get in there before the kids started school because this was
September, 1965 we had moved in. We told Joseph that if we
started the kid in the West Mifflin Sch9ol, we wouldn't move after
that. He says, "Go ah~ad and ·ffiove in,'' because he was going away
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' . and he wouldn't be there, so we may as well move in and get this
thing straightened up .after ..
When you moved in. did youdiscuss ,with your brother Joseph how·
much money you were to pay for the house?
. I was supposed to pay him $2500. OO·'and Andrew $2500. 00.
And was there any discussion as to how the debts and expenses of
the estate itself were to be ·paid?
·No ·discussion becau?e the debts ·were supposed to be paid out of
the bank monies which was ~agreed before mother died; all three of
us agreed to it.
Have you paid some of the· real estat.e taxes on this property?
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I have paid 1965, '66, '67·, '68 taxes are fully paid. Eight-hundred
eighty seven plus. · ..
'. .lr ; Are you still willing t9 buy this property? · '~
At the agreed. price .. ·. ·.
., . ;
Did your ·mother .live w~th you for awhile before her death?
My mother lived with me_,almost a year before she died.
Did she live with your brother Joseph for awhile?
No. She didn.'t live with anybody but me. She wanted to go here,
she wanted to go there, but nobody would take her in. I think about
the 11th month she lived there, I came ho~e, I wa_s at work one tim~;
she called Joe up to take her to a doctor's, ·so just a pretext of gain
down and staying with Joe because she was ashamed the daughter-
in-law had to take. care of her and she had four daughters and three
I
I
21
I
. I
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sons and only one person would take care of her. So he leaves the
house and he takes her to a doctor in Pitts~urgh, whoever he was.
Rather than bringing he:r:-back to my place or keeping her at his
.
I • i I
place, he too!< her up horne and she was up there, that was her
' ' eighth heart attack, and shewasn't p~rrn~tt~d~'.to e~ert in any w~y.
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t ' • • ' • . She stayed at the house for' two weeks and had the fatal heart attack·
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i Q Who took your mother to .the Homestead Hospital when she was
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Arid was there any agreement at that time how that· hospital bill
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MR. BOLTE: I object to that. An
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N agreement with whom, the decedent ?
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Did the decedent discuss with you how her hospital bills were to be
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1-paid?
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THE COURT: The objection is sustained.
e Q Did you have a dis cuss ion with your brother Jose ph as to the payrner t
of the hospital bills ?
A I got a call from the hospital, I took mother to. the hos pitaJ,, I signed
!
her in. The Credit Bureau from the hospital kept pushing me for
this bill. Mother says the bill is being paid·because she's sending
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~------------~~----~J~o~e~rn~~on~ie~s~t~o~~o;a~vt~h~i~s~b~il~l~·--------------~----------------------+-------1
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Q What monies?
A Her pension money from the ·railroad.
MR. BOLTE: Objected to as incompetent
and hearsay .
THE COURT: The objection is sustained.
-~· ~ ' ' I ' Do you have a ~motion;. sir, ·that the last answer; be stric~en from ..
~ the record? ~· . ;
MR. BOLTE: , Yes. I do so rule.
.-,. '<• ·~ ~ I
·THE COURT: 'It is so o'rdered.
MR. BARTKO:
THE: G:OUR T.: Exception is noted.
Q During your discussion with your brother as. to the purchase .of this
home. what agre.ernent was arrived at with regard to the payment .of
the debts and the expenses of the estate?
~ A cr 0 a.
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This, as I said before. \vas supposed to be paid out of the monies
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out of the bank plus insurance monies.
8 Q No further questions .
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CROSS EX~MINATION BY MR. BOLTE:
Q You moved into this property in Septembe~ of l965.
A Yes. '.
Q Did you take over the entire property at that time?
A No.
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Was there somebody else living in part of this property?-• '
No.
How much of this property did you take over?
,. I '
one home.
' '
Now prior to that time was there anybody living in this property
prior to September of 1965? . '
''
The year before, it was-empty from December until September, '65j
' ..
the:; second floor. The fir:St floor was empty for two,.years.
Was the-second floor occupied? '. '
No. It was empty for two years .
Now the one property has 13 rooms., is that correct~ one building?
Yes.
1be other building has five rooms.
Yes.
During shortly after you moved into possession you met at the
office of the attorney in Monongahela, is that correct?
Yes.
24
Papers were drawn at that time to consummate this deal, is that co rett?
That was transfer of property fD:v one dollar, assuming that I would
pay the $1700 plus the hospital bill. But' after we made this agree-
ment wi~h Attorney Simmons, I got--I was supposed t9 pay $1. 00
to transfer the property plus -pay the $1700 to the girls plus the
'$2500 to both Andrew and Joseph.
Q You didn't want to go through with that arrangement?
25
A That wasn't the original arrangement.
Q Did you have any counter proposal at that time?
A I couldn't s'~e anybody to have a counter proposal because I can't get
a hold of Joe. He's got a private number and I went down to see him • twice since.
o( Q z ·You· mean since 1965 you have talked to Joe twice?
oo( > ...1 > A Ill z I've talked to Joe more than that. but just last year twice.
z Ill II. Q i You received a great deal of correspondence from me,haNe<2:you not?
0 ...
C) A z Yes.
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~ Q Have you ever talked to me or submitted aJ;ly prop~sal?
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ii: A ... Yes. You've received quite a bit•from us also.
Ill c
...1 Q oo( And .were you aware of the fact that this property was· up for 9ale
~
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:I .., ~ ' . j: ~ ~ .,, and that there had been an offer of $8500? / · .. ·
:z: .. ,..
"" A Yes. ! .
ui a: Ill ... Q a: And isn't it true that you refused to let the appraisers or anybody in
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Ill a: ... the property to apprai se this property?
a:
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I didn'f refuse to let ~nybody in; I wasn't ·at home; my wife refused
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II. to let anybody in.
0
Q Oh. and even in this hearing when we served notice on you by,
registered mail. you refused. that. isn't that correct?
A I didn't have to pick it up because I knew what was in it. My attorne"
had a copy of it.
Q And personal service was then made on you for these proceed~ngs;
a man came to· your house.
26
A Yes.
Q During this period of time that you occupied the premises you
'' were aware of the fact that the propei·ty was up for tax sale, were yo~
not?
e '·
A Yes. I gave the notice to my attorney'and he s.~~t it to, you.
. ~ ~ ' ?
~Q z .And since then, you have paid thE; taxes you say for the year '65,
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'66, 267 and '68 .. ' • '
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Yes. The property. was up for Sheriff's Sale twice and I s.topped it
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~ both times. I came up here and made a deal and paid it off.
X Ill o( Q ~ One of these buildings is entirely unoccupied, is that correct?
~ 2 A a: Yes:
1-Ill
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:5 Q Has been unoccupied since 1965.
~
0 A :I .... Around September, 1965.
:t .... ... Q N Has ·there been any maintenance by you on this building?
ui a: lrl A 1-a:
The windows were boarded up becaus~ when I moved there the
0 a. lrl a: windows were all-br9ken in this place before I got into the property.
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:I 0 u Doors broken, windows broken, so I boarded them up to protect
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ii: them asrmuch as'·possih,le .now. I had no authority to fix them up
1&.
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until we have this settled. I wasn't spending money to have this
place fixed up for somebody else's benefit.
Q · What do you think is the fair and reasonable rental for thi:s_ proper()?
MR. BARTKO: Gbjection, Your Honor.
It has no relevancy to this hearing .. The heir in possession is
not required to pay rent.
27
THE COURT: The objec ti9n is s us.:ta.iaed.
. 'MR. BOLTE: If the Court please, that
pr.ovision which Mr. Bartko. is .referring to states that the heir
is not required to pay rental only if he is in possession prior to the •• ! .. ' . \ death of the~ decedent.' T-hat is not the situation here. -·/ .,. . . . .
~ z
... 1l -,, MR. BA'R t:Ko: . May it. please the Co~'r( r
~ > .J > Ill z would like to point out that the way Mr. Bolte is reading the Act is
z ....
II.
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the way it was amended within the last couple of years·.· It wasn't
0 1-Cl !: that way in '6~. x· Ill ~ ~ THE COURT: But the objection is sustained
..: u ii: 1-because the. question here isn't what the reasonable rental value of
Ill
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.J ~ u e. the p_roperty is. The only pertinent issue in that regard is what he
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may haye agreed to pay as rental. We will permit that if there is
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N: any such tes tim'ony.
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Was there any agreement concern~ng rental?
II. 1&1 0: A 1-None.
0:
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.J' Did you occupy this property at any time during which ¥ou1did pay
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0
A Nev'er. I was renting property. I .wouldn't rent again. I helped
build this property. I almost got killed twice building it.
Q We want that stricken as not responsive.
THE COURT: The answer is stricken·
as not res ponsilv.:e ·to the rques tion.
~· . \I ~ . ' i • r ,.
28
Q YJe have no further questions. t • ' '· '
.,
EXAMINATION·BY THE COURT:
• Q The Court has a question. Were all~the arrangements tharyou made
with your brother Joseph oral arrangeme.nts; nothing in writing?·,
~ z A o( ~ Nqthing in writing.
>-Ul z Q z And concerning the arrangements. if any, that were made through
Ill
II.
i 0 Attorney Simmons in Monongahela, was that not in writing?
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..: Q Do you have a copy of that, sir?
u a: 1-A Ul I don't know whether we have one. c
..1 ~ ~ • MR. BA.RTKO: I ~ave some old papers in
c
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the·file here, Your Honor. May I show them to my client to see if
" N
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these are what Y<?U are making ref~rence. to?:
Ill 1-a: 0 THE COURT: Yes. II. Ill . ~ ..
a:
1-A a: r:still have those at home. :I 0 u . .J < MR. BARTKO:·· , ,May it please the Court,
0
j;:
lt. • 0 all I can seem to find with reference to the work Attorney Simmons
e did on this estate when he was in on the case is a deed. I can't
seem to locat.e any other papers, Your Honor.
THE COURT: There has been testimony
here that this party or parties went to Attorney Simmons in Monong, hela .
to make some type of a co"ntr~ct or arrangement for the sale of this
•,
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29
property. And I understood the testimony to be that a contract was
drawn by Attorney Simmons. Now the Court is inquiring whether or
not we have a;vailable 'the contract that was drawn by Attorney Si!Dmoq.s .
. \ .
I have it at home, a cop;y .. ' ' .
MR. BARTKO: I do, not have it in my file~
Your Honor, and again, it would be, I am assuming,a c.l?sed contrac ,
. . '
inasmuch as I don't know whether it was ev,er signed. ·-..
~.
It was never signed.
THE COURT: ·Who were the parties that
went to the office of Attorney Simmons in contemplation of·making
this contract?
Brother .Joe and myself.
THE COURT: Did anyone else accompany
you two?
No, sir.
THE CO:URT: How does it happen that
the contract was never signed?
We were supposed to get together. The unders~anding was· that I
was to pay, before .anyt.hin__g was signed, I was supposed to pay the
$1700 legacies. first and tgen that the contract would be signed;
which after all the shenanigans, I couldn't take a chance on it. But
I told Attorney Simmons if the contract were signed, I'd see that he
got the monies to pay the girls, but nothing was developed.
THE COURT: The contract then was
•
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30
never signed.
· ..
A No.
THE COURT: That's all I have. You
are excused. . .
(witness excused).
THE COURT: Is there any other testimon '•
sir?
MR. BARTKO: No .
MR. BOLT·E:
-lo-# .. \· ~. t.. . . ~ 4 \(I
. '. . 'i. ' THE'. CQUR T:\r ... · 'th'eh that .will complete • .
No further testimony.
· our hearing.
MR. BARTKO:
• ! ~ ... ~ t .t 1;,..
,, If it. please the'Court, may
I have the stenographer make a general exception? · ' !
THE COURT: You may.
.MR. BARTKO:
THE COURT: A general exception is notE d.
Anything else?
MR. BOLTE: No.
THE COURT: The hearing is closed.
(Proceedings Closed)
•
•
Testimony trans.cribed -January 28, 1969
... i •
·. ,.
',.
I hereby certify that the proceedings and .:eviden.ce are contained .
' I • •
fully and. accurately in the notes taken by me on the "hear'in~{ of the above
.. ' ~ : .
cause, and that this ~opy 1i:S a correct transc'rip't'·of the ·same •. ·
.•
The foregoing record: of the proceedings upon the hearing of
rti ' ~ the above cause is 1-hereby approved and d:lrected to be filed.
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IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: ESTATE OF )
)
)
)
)
MARY POLCAWICH,
DECEASED
PETITION OF THE EXECUTOR UNDER SECTIONS 501 AND 541,
FIDUCIARIES ACT OF 1947, FOR ORDER OF COURT ~0 TAKE
POSSESSION ·OF REAL ESTATE AND FOR LEAVE TO MAKE PUBLIC
SALE OF REAL ESTATE
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The petition of Joseph M. Polcawich respectfully represents:
1. That the decedent, Mary Polcawich, a resident of Elrama,
Union Township, Washington County, Pennsylvania, died May 2, 1964,
leaving a Last Will and Testament dated April 16, 1964~ duly probated
June2,5, 1964', and of record in the Register of Wills 1 Office of
Washington County, and your petitiDner duly qualified as Executor.
Decedent's Last Will and Testament expressly waived bond, and no bond was
posted by your petitioner. A true and correct copy of said Will is
attached hereto, made part hereof and marked Exhibit 11A11•
2. That the following is all the real property owned by the
decedent, wherever situated, that has come to your petitioner's
attention:
ALL those two certain lots or parcels of land
situate in Union Township, Washington County,
Pennsylvania, known and designated as/Lots
Numbers 18 and 19 in the Plan of Elben Place,
which said Plan of Elben Place is of record in
the Recorder's Office of Washington County,
Pennsylvania, in Plan Book Volume 2, pages 136
and 137, and which said two lots numbers 18 and
19 in said Plan of Elben Place are together bounded)
and described as follows, to-wit: v
' y '
BEGINNING at the Northwest corner of Union Avenue
and State Road, as shown on said plan, thence extending
North 47o 14 1 West, along said Union Avenue, 127-27/100
feet to a 20 foot alley, as sho~m on said plan; thence
North 63° 09 1 East, along said Alley, 107-88/100 feet
to a point in the line dividing lots numbers 17 and 18
• J . •'
in said plan; thence Eastwardly, on said dividing
line, 120 feet to the Western Side of State Road
aforesaid; and thence South 63° 09' West, along the
Western side of said State Road, 65-46/100 feet to
the Northwest corner aforesaid of Union Avenue and
said State Road, at the place of beginning.
Lot No. 18 having erected thereon a 1 story Tile
House and Lot No. 19 having erected thereon a 1~
story Tile House.
See Deed Book Volume 542, page 140, Washington County,
Pennsylvania.
3. That the above described real estate was purchased by
decedent and her late husband on March 13, 1926, and is not presently
producing any rental income.
4. That an inventory was filed on · July 1,-1965, wherein
the total value of decedent's property was shown to be $ 9,800.00
which included, at the value of $ 9, 800.00, the premises described above,
for which leave to sell is sought hereins Inventory Dkt. 76/176 No. 1408.
5. That the real estate that is to be sold, the above described
premises, was·appraised by the Inheritance Tax Division of the Department
of Revenue, Commonwealth of Pennsylvania, at $9,800.00. A true and correct
copy of said appraisal is attached hereto and marked Exhibit "B".
6. That the persons interested in the decedent's estate are
your petitioner, his brothers, John Polcawich, and Andrew Polcawich, and
his sisters, Pauline Polcawich Georgie££, Mary Polcawich Sharpeta, Helen
Polcawich Andros, and Anna Polcawich McKenna.
7. That said real estate is charged with the payment of the
specific bequests as set forth in the Last Will and Testament of the
decedent, attached hereto, totaling $1,700.00, and the payment of the
following debts and expenses:
Homestead Hospital
McKeesport Hospital
Real estate taxes, 1964, 1965, 1966 and
1967, totalling approximately
Funeral Bill •
Inheritance Tax, approximately
Miscellaneous bills for maintenance of the
property, paid by your petitioner,
Administrative expenses totalling approx-
imately
-2-
$1,496.68
43.42
500.00
1,200.00
150.00
452.80
850.00
,------------------------------------~-----
There are no other liens or encumbrances on tbe property known
to your petitioners.
8. That al~ parties in interest are sui juris.
9. That attached hereto is a Joinder executed by three of the
interested persons, Pauline Polcawic~b Georgieff, Mary Pol,cawich Sharpeta
and Helen Polcawich Andros, marked Exnibit "c'·'.
H>. That notice of tne hear.ing date and a copy of this""·Petition
will be served on the non-joining interested persons, John Polcawich,
Anna PolcawicQ McKenna and Andrew Polcawich, by registered mail, return
receipt requested.
11. That after the death of decedent, one of the residuary
legatees, John Polcawich, entered into possession of the said real estate
pursuant to an oral contract to. purchase. After entering into possession,
the said John Polcawich and your petitioner have been unable to reach a
written, enforceable contract to effect the sale of the real estate, despite
many efforts ~~e. by your petitioner to do so. Furthermore, the said
I
John Polcawich has not paid any rent for the premises; he has permitted
the premises to become deteriorated, one of the buildings on the property
being greatly reduced in value; he bas refused to pay, aad has·uG~t, paid
any of the taxes on the real estate; he bas refused to vacate the premises;
he has refused access to the premises to your petitioner, has not permitted
your petitioner to show the premises to any prospective buyers, and ·has
not permitted your petitioner to have the property appraised by any ..
prospective buyer.
12. That the personal estate of the.deeedent is insufficient
for the payment of the specific bequests contained in decedent's Will
and is insufficient for the payment of the debts and expenses of the
estate, and it is necessary for your petitioner to sell the real estate
-3-
owned by the decedent in order to supply a sum of money necessary to cover
the obligations of the estate.
13. That this Honorable Court has jurisdiction under Section 501
of the Fiduciaries Act of 1947 to direct your petitioner, a personal
representative, to take possession of said real estate. It is necessary to
do so to protect the right of those having claims against decedent's estate,
as well as the distributees thereof.
14. That your Honorable Court, under Section 543 of the Fiduciaries
Act of 1947 has jurisdiction over and the power to order a public sale of
the real estate; and that because of the great difficulty experienced by
your petitioner in effecting a private sale, it is desirable that the real
estate be sold at a fair and open public sale by order of court so that the
highest price may be obtained therefor.
15. That there are no mortgages, known to your petitioner, that
will be discharged by such sale.
WHEREFORE, petitioner prays your Honorable Court under Section 501
of the Fiduciaries Act of 1949 to direct that he take possession of the
premises described herein situate in Union Township, Washington County,
Commonwealth of Pennsylvania, and to grant him leave under Section 541
of the Fiduciaries Act of 1949 to expose the described premises at public
sale.
-4-
-----------------------------------------
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
)
)
)
·.
ss:
Before me, the undersigned officer, personally appeared
JOSEPH POLCAWICH, who, being duly sworn, deposes and says that
the facts contained in the within Petition are true and correct,
to the best of his knowledge, information and belief.
Subscribed and sworn to before
.:~e ~his~ rl 9~ day of May, 1968.
· · :=:: .. Notary Public ..
JOYCE II. KAVKA, Notary Public
Pltbburgh, Allegheny Ctunty, Pa. My Commission Explrea
Dece111ber 15, 1968
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I~ MARY POLCAWIOH1 widow, .-. . , ! ·. ;fl :;:,~•·ri., ,: ·: . of · Uldon Towns~ · , County of Washington1 ·~ .,~· -~ ./~ ::;~~flr~).~. ·'/I ~nd:·~ta.;~ ~I Pemnsylvania bei~~ ~i ~ound ~~ind and memory, cU> hereby m:ke:-1·: :.~~~ :I,l~.f}~~('~·::.f.f_~JitiJ ~~declare thi.i to be my La.!t Will and Testament, in ~Ulti~-L~ cmd f~m fo~niJ, hereby. ~~~.;~2 ~;¥;_: ~f:~~;:;~;~~~ ~~ :i~t~~~~e :~~by ~;.r·---.~ ~--~-~-·~ :~ · ·· ~-~·~~··~-:~;·:~~-:.t:f~-~1~1
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t:}ft:· ;; ····;~~ly may be, after my decease. · . \ · ·" · . . :;: j .· ' .; ~ f:.;> _.:::; . . · .. · . .· ' .,; .•-. ' ' . . '. : • i .· .··~i
S.c01l4,:, To ,liV daughter, :pauline Polcawic~ Georgietf, I give and bequeath ····. ~·:,_!// _; ··
.·;~ ~-. ,. .. ·n
,~~~~· ::·.~~h::,.:;:l::::=.·~ ~1ve ~-be~ath ~L ;;
··· tbe'..,.,"o~ Five ~d ,(t)IXl.~) ~~·· , . . ' .:J·~
...
To JV ~ughtllr, Hiolon Poloawich ~os, I give _and bequeath 71·· .:~~l
: ~ ..... ot FiVe. I!Uildrsd ($)00.00) Dollars• . . . ( ,~
To :-,rt ·daUghter, :Anna Poloawich ~Kenna.,'/ give and,_1~equeath . ·; 1· /~
J.. • .£ ~ ._ "-• ~ -' ' '· II' t-1~ . ~~ _ ;:_.:"!!. ~f T':~~ 1." ... "!._.~,1 f ~"M f'tl'\ \ n~ 1, ~~~ · ~ ... '!_r!~~"'-::'"-"··~·i:-.!....,.;_o:;f'~·-ftJ~....,......,~_! -"""~~~ Q[.o!._. • ..... -'
Ah~ the rest, _residue and r~maind~r of 11\Y Estate,. ot whatSOtn"er kind I .. (.-' . . . : .. ,·· .... ' . ,, .. ' !•
· . · aM where'!"ever the ,_ · may b~ situate at the tim• of DV' death, I I ,~
· hereby give,, clevis~ and bequeath to 11\Y. tbree sons, · n8me:q, · 1 •
' ,. ' . lobi! rQ].""'!ioh, 'Andrew ~.;..wi:m Md ;~seph Pol.;..wioh, ••bare -/ I L] ,.k:-c._.·~:i·r''· .-~-~--~•i;···,.··. -~·-···.~•.: ~-··r. ·.· ._. ·. ,· /.· , :/·<. ";'t··:··~
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RCC-81 (2·64)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
INHERITANCE TAX DIVISION
N•''rJCE OJ<' !i'IUNG OF APPRAISEMENT
Joseph M, Polcawich
:_ f:xecutor IIJCCArtlliw~l
ln ~e: EstRte of Ha"7 PolcawicQ
.,
IN YOUR RIPLY PL~K
llKP'I:IIl TO
36-lh2-6
_______ ....~iu..la;&Js:uhJ.Jiu.nl4og~t~o,~;~tl-----County -J:"i l e No. 919 5-134
Y au are hereby not if i"' d th c:d. the _ _,o,...m...,.. .... i ... n..ua.,J'-----------
a pp raise men t in the estate c f Hacy... EDl.c4:1a.-V'i~c~bL--------------
has been f' led in the offic<o v! t,he ~ei:st-=r of Wills of Washington
County on November .24-, : ·..$. ~-~ d a.ppraisement reflects the
following valuations:
Real Estate ----~800,0(L ____ _
Personal Property------
Transfers-----------
Total _9~1~B~OOAU·~OO~--------
As to such tax Ghat ~s paid within three months from date of
death, a five (5%} per~·ent disc•_,unt i::. '\llowable. As to any tax that
remains unpaid after one year from elate of death, interest at the rate
of six (8%} percent p1:r anrmrr: if charged.
Any party in L ~.-erest who is aggrieved by an appraisement may
appeal therPfrom as prov'~Pi by la~.
Da-te _...,~N~~o.o.uvu:ewmuba:eu;r:.....t:2~11,..,-l.~.9'#-6Q$:>------
Title A. H&E, wm APffiAJSER
EXHIBIT "B"
Note: This is not a bill.
•
' .
JOINDER
WE, the undersigned, being interested in the real estate
described in the annexed Petition, hereby express our desire that said
sale be made and join in the prayer of the Petition. We do not waive
or surrender in any way whatsoever our rights under the Will of our
mother, Mary Polcawich. We further state that we believe that the sale
-. ' of the described real estate is necessary and desirable to provide cash
for the payment of the bequests of the Will of Mary Polcawich and to pay
the debts and expenses of her estate.
EXHIBIT °C"
..
IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: ESTATE OF
MARY POLCAWICH,
DECEASED
)
)
)
~
~ DECREE ~
. AND NOW, this 2._0 day of ....,..•· ~968,
upon consideration of the fo"regoing Petition and upon motion of
fi~~!l~---
.... ' .....
•
AND NOW,
. .
D E C R E E
----------------------' 1968, upon consideration of the
annexed petition, and upon motion of Frank R. Bolte, Esquire, attorney for
the petitioner, it is ordered and decreed that John Polcawich, a residuary
legatee of the Estate of Mary Polcawich, Deceased, shall surrender possession
of the premises described in the said petition, situate in Union Township,
Washington County, Pennsylvania, to Joseph Polcawich, Executor of the·Estate
of Mary Polcawich.
IT IS FURTHER ORDERED AND DECREED that Joseph Polcawich, Executor,
after due notice according to the Rules of Court, is granted leave to expose
at public sale the said premises, being Lots Nos. 18 and 19 in the Plan of
Elben Place, situate in Union Township, Washington County, Commonwealth of
Pennsylvania, more fully described in the annexed petition, and to report
sale thereof to the Court for approval and confirmation; with notice to all
parties interested as heirs and next of kin.
..
IN THE COURT OF COivTIVION PLEAS OF WASHINGTON COUNTY~ PENNA.
_.,/ ORPHANS' COURT DNISION
In Re:
Estate of
MARY POLCAWICH,
Deceased.
(
)
(
)
(
)
(
OPINION
Marino, P. J. January _Jj}_, 1969.
No. 1594 of 1968
The executor of the Estate of Mary Polcawich has filed a petition
i
for the purpose of obtaining possession of real estate of the decedent who died
May 2, 1964. The executor qualified June 25, 1 964., the will was probated and
letters duly issued.
The decedent was living in the subject property on Collins Avenue,
Elrama, Washington County, Pennsylvania, at the time of her death. The
present occupant, John Polcawich, a son, was not living in the home at that
time, but some time in 1965, John moved into one of the two buildings on the
two contiguous lots of ground owned by decedent, and has been occupying same
since that time. He moved in with the consent of his brother, the executor, as
it was contemplated by both that an agreement of sale to John would be
immediately entered into. They consulted an ·attorney in Monongahela who
I
started drawing papers to accomplish this; the papers were never executed as
differences arose. The property is appraised, for inheritance tax purposes,
at $9,800. John, under the oral agreement, was to pay $7,500 for the entire
property, including both structures. He made no rrdown payment" nor any
payment whatever. He has paid no rent over this period of more than four
years, but has paid taxes in the amount of about $887, on his own initiative.
Respondent urges that he is not required to be living on the
premises at the time of death of decedent in order to obtain the benefits of the
provisions of Section 501 of the Fiduciaries Act of 1947, concerning possessio 1
and sale of property of decedent by the personal representative, while an heir
or devisee is in occupancy. We affirm that principle, since the amendatory
act was not adopted until December 22, 196~, after the death of this decedent.
This proposition is upheld in Fick Estate., 56 Berks 215, affirmed' 4ls'Pa. 352.
However, the stated rule does not alter the effect of the following
provision of the section which states: "The court ±nay direct the personal
' representative to take possession-of, administer and maintain real estate
occupied by an heir or devisee if this is necessary to protect the rights of
claimants or other parties. rr
Our problem is to decide whether it is necessary to the proper
administration of the estate. The evidence adduced fully indicates that the
administration is at a standstill after 4-1/2 years. Legacies totaling '$1700
are all unpaid. Hospital bills of $1500 are due; administrative expenses
estimated at $850 are unpaid; funeral expenses of $1200 were advanced by the
executor who would probably be entitled to reimbursement. These items alonE
total $5250.
Respondent makes a half-hearted attempt to show that the proceec s
of an insurance policy was to be used to pay funeral expenses; that the agree-
ment of sale was not left unexecuted through any failure on his part; that the
decedent sent the executor moneys to pay the hospital bill from her pension
money; that the estate debts were to be paid out of money in a joint bank
account; that he helped build this property and was nearly killed in the proces::;
that his mother stated she would leave the property to the three sons in equal
shares.
We have his ipse dixit for verification of these matters, nothing
more.
-2-
-~-------------------------------------------------------------------,--,
. '
" fl. \ ... ,,
The only income that could possibly be applied to the payment of
debts and expenses would be rentals from the real estate. There are two
houses on these lots, a 13 room house and a 5 room house. The 13 room hous~
is cccupied by respondent; he has paid no rent since he first moved in. The
5 room house is not rented and there is no prospect of renting it because the
houses have had very little attention for the past five years, and it would
undoubtedly be economically disastrous to attempt adequate repairs at this
time, with a view toward renting same. Approximately $500 was collected in
rents, and all of said funds went for repairs.
It is therefore plain beyond cavil that the executor should be
permitted to take possession· of this real estate and administer it to the end
that an orderly determination of the .settlement of this estate may be
accomplished.
Hence, the following
ORDER
AND NOW, JanuaryJC?,' 1969, the executor under the will of
Mary Polcawich, deceased, is directed to take possession of, maintain, and
administer the real estate more fully described in the attached petition,
including the buildings thereon, situate in Union Toyvnship, Washington County,
Pennsylvania, _and -,
John Polcawich, devisee, is directed t~ surrender possession of
the building occupied by him to the said executor, Joseph M. Polcawich,
within ten days of the date of this Order. . ' r-·-,
:By the CoB.rt, \ ',/ ' \ pt
\ I ' \ /. ( / v ( P. J. 1
-3-
I
TN THE COURT· OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA.
In Re:
Estate of
ORPHANS 1 COURT DIVISION
(
)
(
MARY POLCAWICH, . ) . No. 1594 of 1968
Deceased.
(
)
AMENDED ORDER OF COURT
AND NOW,.February 5, 1969, it appears that this Court, on
January 30, 1969, ordered the executor under the will of Mary Polcawich,
deceased, to take possession of, maintain, and administer certain real estate
described in the petition for said Order; and it further appears that the Court,
in said Order, directed John Polcawich, respondent and devisee, to surrender
possession of the building occupied by him to the said executor in ten days
from the date of said Order of January 30, 1969.
It now has been made to appear to this Court that undue hards
would be visited upon the family of the respondent, John Polcawich, by requiri
him to deliver possession of said real estate within ten days; therefore the
for delivery of said real estate to the executor aforesaid is extended twenty
additional days, making a total of thirty days from the time of the original
Order; hence, the delivery and surrender of possession of the building
occupied by John Polcawich and his family shall be accomplished in thirty days
from the date of the original Order, making the surrender of possession due
on or before March 1, 1969.
\the~ou~},
\