HomeMy WebLinkAboutOC1969-0155 - ESTATE OF MADLIAK"i'A "1
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Orphans i Court Division
No°155 of 1 969 .f
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IN RE:
ESTATJ:<.;OF MARY
MADLIAK,deceased I'IiI
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COURT OF COMM9N.PLEAS ,.OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF MARY
MADLIAK,deceased
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(No.155 of 1969
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PRAECIPE FOR APPEARANCE
TO:RUSSELL MARINO,CLERK OF THE ORPHANS'COURT:
Enter our appearance on behalf of the Estate of Mary Madliak,
and Petitioner,Andrew Madliak,Executor in the above captioned case.
PEACOCK,KELLER,YOHE &DAY
By_---,..-__-_
Charles C.Keller,Attorney
for Petitioner
Dated:July ~~,1972
PETITION
COUNT I
The Petitioner,by his attorneys,PEACOCK,KELLER,YOHE
&ItAY,petitions your Honorable Court as follows:
1.The Petitioner is Andrew Madliak,an adult individual,who
resides at 205 Level Street,Bentleyville,Washington County,Penn-
sylYania 15415.
2.Respondects are Michael Hudock and Elizabeth Hude·ck,his
wife,adult individuals who reside at 106 Dallas Street,Bentleyville,
Washingtor..County,Pennsylvania 15415.
3.Petitioner.is the Executor of the Estate of Mary Madliak,
whe·died on Feburary 1,1969.Letters Testamentary were ~ssued
to petitioner on August 4,1969 after a Will contest;letters testamen-
tar:1 had previously been issued to Michael Hudock,responde:lt,on
February 5,1969,which letters were revoked by the July 17,1969 Orde
"•
of the Honorable.P:.V..Marino.
4.During her lifetime the decedent,Mary Madliak,and her
husband,Andrew Madliak,Sr.,who predeceased her in January,1968,
maintained savings account No.20734 at Mellon National Bank and
Trust Compa~'lY,Charleroi Office,which account was altered in July,
1967,by L'le addition of the name of Michael Hudock.
5.All of the money credited to the above savings account was
the property of Mary Madliak and Andrew Madliak,Sr.,her husband,
and upon the death of Andrew Madliak,Sr.all of such monies became
the sole p:ooperty of Mary Madliak.None of the monies in the above
savings account was the property of Michael Hudock,nor was any
money deposited by him to this account.
6.At or about the date on which the name of Michael Hudock
was added to the above savings account there was a balance therein
of a.pproximately $17,500.00.
7.Petitioner avers that Mary Madliak never intended to make
a valid in:er vivos gift of the above bank account,either in whole or
part,to L'le respondent,Michael Hudock.
8.Before tte death of Mary lVB.dliak,respondent Michael
Hu:iock or-May 29,1968,withdrew for his own use,$4,915.59 in
cash from the above savings account.
9.After the death of Mary Madliak,Michael Hudock on Aug-
ust 4,1939,withdrew for his own useO the remaining balance of
$8,363.15 from the above account.
10.Petitioner avers that the monies in the above savings
account in the approximate amount of $17,500.00,together with
interest,are the property of the Estate of Mary Madliak and should
be accounted for,returned to and distributed under the Estate of
.-
Mary Ma:iliak.
11 ..Petitioner further avers that the monies in the above account
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in the approximate amount of $17,500.00,together with interest,
are in the possession and control of Michael Hudock,respondent,
and should be returned to the Estate of Mary Madliak for their proper
administration.
COUNT II
12.Petitioners incorporate herein 1 through 3 above.
13.Petitioner avers that on January 31,1968,Mary Madliak,
surviving tenant of a tenancy by the entireties with her husband,
Andrew Madliak,Sr.,was the record owner of all that certain parcel
of land situate in Bentleyville,Washington County,Pennsylvania,being
described as Lots Kos.16,17 and 18 in the Acme Plan of Lots of
Bentleyville,recorded in Plan Book 3,page 143,being the same
premises conveyed to Andrew Madlak".and Mary Madlak"his wife,
by deed of John Skreyzolo,et ux.dated August 20,1926,and re-
corded in -::he Recorder's Office of Washington County in Deed Book 541,
page 456.Andrew Madliak died January 21,1968 thereby vesting
title to the above premises in his wife Mary Madliak.
14.Petitioner avers that on or about January 31,1968 respon-
dents induced decedent,Mary Madliak,to sign an instrume~'lt dated
Jan1.1ary 31,1968 purporting to be a deed of the.above described
pre::nises to respondents.The consideration recited therein was
$50).00,which amount did 'not represent and does not represent the
fair market value of these premises.
15.Mary Madliak did not intend to convey any right,title
or interest in the above described property to the respondents.
16.The January 31,1968 transaction was not fair,and
conscionable,was not supported by adequate consideration,and was
taiLted with fraud:.,p~'l the part of the respondents.
17.Respondent procured the signature of the decedent,Mary
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Madliak,under circumstances arranged by respondents with respect
to ~hich Mary Madliak was without independent advice.
18.Respondents by virtue of their position and actions were
in a confidential relationship with decedent at the time decedent signed
the January 31,1968 instrument.
19.Respondents have refused to relinquish their interests in
the above described premises and,and respondents have refused
to convey any right,title or interest in their names to the estate
of l\Jary Madliak.
COUNT III
20.P'etitioner'incorporates herein the averments of para-
graphs 1 through 3 of Count I above.
21.Petitioner further avers that at the date of her death,
Mary Madliak was the O'Nner of a metal strong box containing appro-
ximately $2,300.00 in'cc..sh and other valuable documents.
22.Petitioner avers that respondent took possession of said
meta.!strong box and removed therefrom approximately $2,000.00 in
cash.
23.Respondents have refused and continue to refuse to return
to the Estc..te of Mary,Madliak approximately .$2,000.00 from the
metal strong box.
24.Petitione:-avers that the relationship existing between res-
pondents,Michael Hudock and Elizabeth Hudock,his wife,manifested
an :ntent on the part of respondents to impose and exercise undue
influence upon Mary Madliak with respect to:
(1)Approximately $17,500.00 in the savings account
referred to in Count I above;
(2)The fraudulently obtained conveyance of the real
estc.te referred to in Count II above;
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(3)The approximately $2,000.00 in cash misappropria-
ted by respondent from the decedent"s metal strong box referred to
in Count III above.
WHEREFORE,petitioner requests this Honorable.Court to issue
a citation upon respondents,Michael Hudock and Elizabeth Hudock,
his wife,ordering them to show cause:
(1)Why they should not account for and return to
the estate of Mary l\.1adliak the amount of approximately $17,500.00
in funds which were removed from the above mentioned savings
account of Mary Madliak;
(2)Why the purported deed of Mary Madliak to Michael
Hudock and Elizabeth Hudock,dated January 31,1968 and recorded
in Deed Book Volume 1272.page 653 in the Recorder's Office of
Washington County,Pennsylvania should not be declared void and
why the respondent should not convey all their right,title and interest
to this property by a quit-claim deed to the estate of Mary Madliak;
(3)Why respondents should cot be required to account
to and return to the estate of Mary Madliak all of the approximately
$2,000.00 improperly removed from the stro!1g box of Mary Madliak.
Respectfully submitted,
PEACOCK,KELLER,YOHE &DAY
Charles C.
Attorney for
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COMMONWEALTH OF PENNSYLVANIA (
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COUNTY OF WASHINGTON (
Before me,the undersigned authority,personally appeared
ANDREW MADLIAK,who,being duly sworn according to law,
depcses and says that the facts set forth in the foregoing PETITION
are true and correct as he verily believes.
Swc·rn to and subscribed
before me this LC;J-day ofci-7='A.D.,1972.
Notary Fublle.lInfOlllown,fayette Co,,~
My Commission Expires Sept.15.1973
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Instructions for Citation '.
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IN RE:
ESTATE OF
MARY..~~LI!!.t-...DECEASED.
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NO.155 of 1969
To:MICHAEL HUDOCK and ELIZABETH HUDOCK"his wife,
plete answer,under oath,to each and every of the averments .of the said
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,the 21st day of_----'A~u~gu~s~t~--
MICHAEL HUPOCK and ELIZABETH HUDOCK,
petition,on or before Monday
that,laying aside all business and excuses whatsoever,you do file _in the office •
of the Clerk of our Orphans'Court of Washington County,a full and c~m-
Sur Petition of:ANDREW l1ADLIAK,Executor of the Estat e of
Mary Madliak,dec'd,by his attorneys,
PEACOCK,KELIER,YOHE and DAY,
a)rrriiug:
Q]:nmmnuUttttltl1 nf JtUtlsylUttttitt
Q]:nuuty nf mttsqittytnlt
..19-72-.,at 10:00 o'clock~.M.,and show cause why respondents
should not account for and return to the estate the 'sums of~17,500 and $2.000 and recoRJ.y specified property (real)
thereto;
and further abide the order of our said Court in,the premIses"••
If you fail hereof,the petition may be taken PRO CONfESSO and
a decree made against you.
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WITNESS the Honorable P.VinceI)t Marino,Judge of our said Court,
at Washington,Penna.,the'25 day of 'July ,19 72
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Clerk oLthe Orphans'Court
~COCK,KELLER,YOHEandDAY,
'"AttorneySfor Petitioner.
Esq.
(Seal)
COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF MARY IVIADLIAK,
Deceased
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(No.155 of 1969
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o R D E R
AND NOW,this -4!f:day of __~~~~_.,1972,upon
consideration of the foregoing Petition
that a citation be a',varded,directed to Michael Hudock and Elizabeth
Huc.ock,h~s wife,to show cause:
(1)Why they should not account to and return to
the Estate of Mary Madliak the sum of approximately $17,500.00
w hi:::h VJas removed from the savings account of Mary Madliak in
Mellon National Back and Trust Company,Charleroi Office;
(2)Why the purported deed of Mary Madliak to
Michael Hudock and Elizabeth Hudock,his wife,dated January 31,1968
and recorded in the Office of the Recorder of Deeds of Washington
County in Deed Book 1272,page 653 should not be declared void and
why the respondents should not convey by a quit-claim deed all their
right,title and interest to the above premises to the Estate of Mary
Madliak;
(3)Why respondents should not be I1equi'red to account
to and return to the Estate of Mary Madliak all of the approximately
$2,000.00 improper:;'y removed from the metal strong box of ::vIary
Madiak.
This citation is returnable tol1:'~-:!,1972'at/6~4clock Jl....M.;-to:heatI1ig on S~~da~
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~ame ti-ml3-in lh~Com t &earn,CoarthoUse,~.S'hingtolI,
C!IommottwraUq of Jrttn9yluauia,t 59:
1lma5qittgton mOUtttg,~
KNOW ALL MEN BY THESE PRESENTS:Whereas,at Washington,in the County aforesaid
on the 5th.day of February A.D.19 69,before me,'
Russell Marino ,Register for the Probate of Wills and Granting
Letters of Administration in and for the County of Washington,in the Commonwealth of Pennsylvania~
the last Will and Testament of
Mary Madliak
late of Bentleyville in the County aforesaid,deceased,
(a true copy whereof is to these presents annexed),was duly admitted to probate;and
Michael Hudock and Elizabeth Hudock
the Executor s in said Will and Testament named,having appeared before me and taken and subscribed
the oath of office prescribed by law;
NOW,THEREFORE,I,Russell Marino ,Register as aforesaid,do
grant these LETTERS TESTAMENTARY,unto the said
Michael Hudock and Elizabeth Hudock
committing unto Them the administration of all and singular the goods and
chattels,rights and credits,which were of said deceased,and requiring Them
to exhibit a true and perfect inventory thereof into the Register's Office~at Washington,within ninety
days from the date hereof,and to render a just and true account of said administration at the expiration
of six months from the date hereof,and to regard 'and comply with the provisions of the laws of this
Commonwealth relating to inheritance taxes.
IN TESTIMONY WHEREOF,I have hereunto set my hand and the seal
of said Office at Washington,this
day of February
nine hundr~d and Sixty Nine
5th.
in the year of our Lord one thousand
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by me,and do hereby make,
OF
residue and remaincer of my estate
MARY MADLIAK
~~ST WILL AND TESTM1ENT
the res t,All
and mixed,of whatever nature a~d wherescever
I may OHn or have t~e right to dispose of at the
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iI,MARY MADLIfu~,a resident of the Borough of Bentler/ille,;
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Iaswellasallinstrumentsof
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:t'4"ashington County,Pennsylvania,being of sOU:.'"1d mind and memory,
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;1 hereby revoke all wills,and codicils,
Ii a testamentary nature heretofore made
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i'publish and declare this to be my Last \1i1l and Testament in manner.
i:and form following.j
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'j FIRST:I direct that all my just debts,funeral and testa-i''1 j .
11 mentary expenses shall be paid by my Execut·::>rs hereinafter named,II:
II~~as soon as conveniently may be af ter my death.I~1jlrj
a SECOND:I give and bequeath unto my son,A..idrew P.Madliak;
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;/the sum of One ($l.OO)Dollar only and thi.s is because I have j
;lheretofore turned over to him the great~r'part of my esta~e during!
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::my life time.II
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'0 real,personalI
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:;s1tuate,\1hich
,time of my death,I hereby give,devise and bequeath unto my
.'husba~d,ANDY NADLIAK.If he should predecease me or should die
at the same time that I should die,then and in th~t event,I give,
•
devise and beq~eath t~e said property tmto MICP~EL HU~OCK and
ELIZABETH,WUDOCK,his wife,abso1utley,as tenants by the entireties.
FOD~TH:I hereby no~inate,con3titute ~~d appoint MICa~L
WUDOCK and/or ELIZABErH HUDOCK)Executors of this rry Last Will
1 and T~sts.ment.,
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AI'I r'--1/7 ill..l't VV::tr-.,~(/itZ-f/C{l,.iJ//'>,/!'--{SEAL)
Mary Madliak --
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IN WITNESS WHEREOF,I have set my hand and seal to this my
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:1IjfLast Will and Testament,which consists Of two pages,to each of1:'
I;which I have affixed !'1y signature,this ~I/J-tday of April,1965.
Signed,sealed,published and declared by ~ffiRY tU0LIAK,
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the
:above na...."Tl~d Testatrix,as and for her Last \'[i11 and Testament,in.>the presence of us,who,at her request,and in her presence,and
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lin the presenc~of each Other,have hereunto subscribed our narr~s
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In the Court of Common Pleas of
Washington County)pp.nnsylvania
Of'!.Jhans I Court Divi310n
No.155 of 1969
In Re:
ESt8.t.P.of
MARY MADLIAK,
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Deceased.
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OPINION AND DECREE
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ORPHAN'S COURT
WASHINGTON.PA.
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ill THE COURT OF COlVllVION PLEAS OF WAS3lliGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
In Re:
Estste of
MARY ~JIAI)LIAK 1
Deceased.
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NO.155 of 1969
OPlliION AND DECREE
Mar:'no,p.J.July 17,::'969.
Decedent;.1lJ:ary Madliak,died Februa~y 1,1969.Her will dated
April 21,1965,was duly probated and letters testamentary were l;]ranted to
the Executors named therein 0':1 February 5,1969.
A writing sl.:,bsequently discovered,testamentary in form,dated
September L·5,1968)is now sought to be admitted to probate.Application was
made to the Register of Wills by Andrew Madliak,named as execc.tor in the
later instrument.The Register received no testimony in the matter but
certified the wilole record to this Court for deter:nination on March 25,19e.9.
We will consider this matter in the same vein as an appeal from
probate,since the later writing was never admitted to probate,and since the
appropriate 3.ction necessary to reach this Court is by appeal froIT.probate
(of the original will).
A he3.ring was held on April 21,1969,at which hearing testimony
was E..dduced by the appella':1t,the proponent of the later writing (that of
September 25,1968).There were two subscribing witnesses to this instrumen ,
Heier:.Madlisk,a daughter -in-law of decedent,and A.J.Kuzdenyi,a practicir IJ
attorney from Fayette County:who wrote the alleged will ~n longhand.Both
appeared as witnesses and testified at length.The testimony indicated that the
decedent,aged 72,had been in poor health,suffering from Parkinson's diseas~
Iand~laucoma of the eyes.She had lost the sight of one eye but was still able i
to reg,d.Although confined to a nursing home,ste was ambulatory and capable;
.of carrying on ordinar~{convers3.tion.She requested the administrator of the
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nursing home,a Mr.Cornelius;to call her daughter-in-law as she,the
decedent,desired to nake a new will.The daUtjhter-in-law got in touch with
Attorney Kuzdenyi for the purpose of drawing a will as she felt that an attorney
who understood her motherIS native language would be preferable to any other.
Mr.={uzdenyi went to the nursing home with He~en;he had never before seen
the decedent.
It turned out that the decedent was able to converse with the attorney
in En=Jlish.He wrote her desires in the will in longhand,read the will to her
and then she executed it.Her signature is not questioned;it is very much like
her signature on the first Will,though a period of almost 3-1/2 years had
intenrened.
It is suggested,via cross-examination of proponent's witnesses (no
others having been produced)that the decedent lacked testamentary capacity at
the time,due to her physical ailments.But the testimony is overWhelming that
her physical condition did not affect her mental capacity.It was about a week
subse:went to the date of drawinQ-this will that she suffered a stroke,and then
her condition of health deteriorated until her death about four mohths later.
Appellant (prDponent here)is required to prove,first,the proper
execudon of the instrument offered for probate;secondly,that it bore a date
later than the date of the will that already had been probated;and thirdly,that
the writing offered for probate is clearly testamentary in character.We believ9
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the appellant has made out &.prima facie case in all these particu13.r s,and
therefore sustain the appeal:Crawford v.Schoo ley,217 Pa.429,434;Ewia~-(
Esta:e,39 Erie 100;and therefore we enter the following
DECREE
And now,Jdy 17,1969,the appeal of Andrew Madliak:.s sustained,
and the decr ee of the Register of Wills dated February 5,1969,admitting to
prob3.te as the last will and testament of Mary Madliak,deceased;the writing
dated April 21,1965,is opened to permit the Register 10 receive and act upon
a pet.ition for the protate of a later writing bearing date of September 25,1968
as decedent's last wiL and tes~ament,and the record is remitted to the Regist r
for this purpose.
By the Court,-."~"
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CERTIFICATION TO
ORPHAKS 'COURT DIVISION OF COURT
'OF COMMON PLEAS OF WASHINGTON COUNTY~PENNA.
WHEREAS~there was offered for probate before me~
RUSSELL MARINO~Register of Wills of Washington County~Pennsylvan'a~
a paper purporting to be the Last Will and Testament of Mary Madliak~
dated April 21..1965..and subsequently said Will was duly probated and
Letters Testamentary were issued on February 5..1969..to Michael
Hudock and Elizabeth Hudock,the Executors named in said Will;and
~WHEREAS..a paper purporting to be the Last Will aEd
Testament of Mary Madliak was on February 7..1969..offered for
probate~the said Will being dated Septembe r 25~1968..naming Andrew
Madliak as Executor of her estate;and
WHEREAS,although Letters Testamentary were issued
on the first Will offered for probate on February 5,1969,the second
Will Dffered for probate was in fact dated September 25..1968,which
was later than the first Will offered for probate,and consequently a
serious dispute has arisen regarding the validity of the Wills and
regarding the issue of which Will is entitled to probate,and since there
is such a question regarding both of these Wills,by virtue of and in
pursl;.ance of the Register of Wills Act of 1951..I,Russell Marino,
Register of Wills,do hereby certify the entire record pertaining to the
matter of both Wills aforesaid to the Orphans'Court Division of the
Court of Common Pleaa of Washington County,Pennsylvania,for
determination.
WITNESS my hand and seal of my office this 2.5 day
of March,1969.
1-)I 1 ''~I M-,,~
~us\ell Marino,Register of Wills
Washington County,Pennsylvania
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CF.HTIFICATION TO
ORPHANS'COURT DIVISION
OF COURT OF COMMON
PLEAS OF WASHINGTON
COUNTY,PENNA.
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De~eased,
versus
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o IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHAN's COURT DIVISION
IN RE:ESTATE OF MARY MADLIAK,
Deceased NO.155 of 1969
file these Pre1iminar
AND NOW,this ~day of·~~~~~~_,1972,Defendants,
by their Attorney,Melvin B.Bassi,
Objections to Plaintiff's Complaint in the above-entitled matter,
I move that tbe Court for Judgment and hereby assigns the following
reasons therefore:
I.MORE SPECIFIC COMPLAINT
1.The Complaint as a whole,fails to set out the
alleged improprieties or failures in such a way that the Defendants
cannot adequately answer the Petition.
2.Count II,#14.";jenera11y alleges inducement on the
part cf the Defendants in obtaining Mary Mad1iak's signature on
the January 31,1968 instrument without showing how the inducement
came about.
3.Count II #15 alleges that Mary Madliak did not
intend to convey any righ~,title,or interest in the de~cribed
property without showing specific proof of her intentions.
4.Count II #16.generally alleges fraud,inadequate
consideration and unfairness as to the January 31,1968 transaction
without a showing of spec~fic incidents being about the fraud
unfairness and inadequate consideration.
5.~ount II #17 does not state a reason as to why
Mary Mad1iak needed independant advice for the January 31,1968
transaction.
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6~Count III #24,does not point out the relationship
between the Defendants and deceased which would have had to on
exercise of undue influence.
,vHEP.EFORE,tile Defendants pray tha t a more speci fi c
Petition be filed.
WO~
BY~~'·
Melvin B.B,:1ssi
-2-
•
COMMONWEALTH OF PENNSYLVANIA:
SS:
COUNTY OF WASHINGTON:
BEFORE ME,a Notary Public,personally appeared
Melvin B.Bassi,Attorney for the ·named Defendants,who,being
duly sworn according to law,deposes and says that the
Preliminary Objections filed are not for the purpose of delay.
Sworn to and subscribed before me
this 21st day of
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Notary Publl.c
My Commission Expires:
N.P.SEAL:
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COURT OF COMMON PLEAS OF....
WASillNGTON COUNTY,PENNA,
No.O¥r~~~I6~OURTDIVISION
IN R.F::
ESTATE OF MARY'
MADLIAK,DECEASED
PETITION AND ORDER
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF MARY MADLIAK,
DECEASED
)
(
)No.155 of 1969
(
)
PETITION
Ar~drew Madliak,Executor,by his attorneys,Peacock,Keller,
Yohe &Day,petition your Honorable Court as follows:
1.Michael Hudock and Elizabeth Hudock were ordered by
Citation of this Court dated July 25,1972 to show cause on or before
August 21,1972 why they should not be required to account for and return
to the within estate the sums of Seventeen Thousand Five Hundreci.and
no/lOa ($17.500.00)Dollars,Two Thousand and no/100 ($2,000.00)
Dollars,and to reconvey specified real property to the estate.
2.Respondents failed to file an Answer or appear before the
Court but instead on August 18,1972 filed Preliminary Objections.
3.Decedent died February 1,1969 and at the time of her death
was :'nfirm and the subject of a guardianship proceeding.During the
eighteen (18,1 months immediately prior thereto,she and her husband,who
died January 21,1968,had signed a deed conveying their home property
to re.3ponder~ts and had added the name of the male respondent to a savings
account in the Mellon National Bank,Donora Office,under unexplained
circumstances.Immediately after the death of Mary Madliak,respondents
removed a metal box in which it is believed that Two Thousand Three
Hundred and no/100 ($2,300.00)Dollars in cash and other items of value
were located,from the residence of Mary Madliak.
4.The amount in the aforesaid savings,account at the time
Michael Hudock's name was added to the account was Seventeen Thousand
•
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Fi-.re Hundred and no/lOa ($17,500.00)Dollars.The estimated value of
the residence of Mary lVIadliak is Eight Thousand and no/lOa ($8.000.00)
Dollars.The value of the assets of Mary Madliak removed from her home
im:nediately after her death is unknown but was not less than Two Thousand
Three Hundred and no/100 ($2.300.00)Dollars.
5.More than four (4)years having elapsed since the death of
Mary Mcidliak.all efforts to resolve the matter by negotiation having
failed.anc.the respondents having failed to properly answer the Order of
this Court.petitioner believes that to properly perform his duties as
fiduciary b the within estate.that respondents should be required to post
bond in an amount not less than Thirty Thousand and no/100 ($30.000.00)
Dollars to protect the estate and insure that the assets will remain intact
until the matter before the Court is finally disposed of.
WHEREFORE.petitioner prays your Honorable Court to enter
an c..ppropriate Order fixing bond and requiring respondents to post the
same in accordance with the averments in the foregoing Petition.
PEACOCK.KELLER.YOHE &DAY
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COMMONWEALTH OF PENNSYLVANIA )
(SS:
COUNTY OF WASHINGTON )
Before me,the undersigned authority,personally appeared
ANDREW:YIADLIAK,who,being duly sworn according to law,deposes
and says that the facts set forth in the foregoing Petition are true and
correct to the best of his information,knowledge and belief.
Sworn to and subscribed
()H,before me this Ilf day of
iJ1.-e.L~UHO ''"1974.
Q'~PutliC ~
Mar~Jane Smith,Notary Public
Washington,Was1ingtoo County,fla.
My Commission Expires
februarY 14;197t,
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANSI COURT DIVISION
IN RE:
ESTATE OF MARY MADLIAK,
DECEASED
ORDER
)
(
)
(
)
No.155 of 1969
AND NOW,this day of February.1974 on consideration of
the foregoing Petition,it is ordered that respor~dents shall post bond with
an approved surety in the amount of
to provide assurance that the property under dispute
shall remain intact until final disposition by the Court.
BY THE COURT
_________________J.
•'~
In the Court of Comrm n Pleas of
Washington County,Pennsylvania
Orphans I Court Division
No.63-69-155
-- -- -- --- --- ------
In Re:
Estate of
MARY MADLIAK,
Deceased.
ORDER
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IDT '=:'HE CCURT OF COl\LMON PLEAS OF WASIDNGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
INRE:
Estate of
MARY MADLIAK,
Dec2ased.
(
)
(
)
(
)
(
ORDER
No.63-69-155
AND NOW,this 15th day of February,1974,upon consideration of
the argume1ts of counsel in regard to an Order of this Court entered July 24,
1972,wher-eir:.a Cita:ion was directed to Michael Hudock and Elizabeth Hudoe ,
it is ordered ftRt the said Mi,~hael Hudock and Elizabeth Hudock shall answer
the Petition and Citation within 20 days of the date of this Order.
Further,it is the order of this Court that all parties to this matter
shall have c..pericd of 60 days from the date of this Order for be purposes of
discJvery via the use of depositions and/or interrogatories,requests for
admissions and/or otherwise.The Preliminary Objections are dismissed.
A hearing shall be held in regard to the issues raised in this matter
on April 29~1974,at 10:00 o'clock A.M.
By the Court,
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IN THE COURT OF J,..:V!vllV!vN PLEA~
OF WASHINGTON COUNTY,PENNA
ORPHANS'COURT DIVISION
NO.155 of 1969
IN RE:ESTATE OF MARY
MADLIAK,Deceased.
ANSWER TO PETITION
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'MELVIN B.BASSI
ATTORNEY AT LAW
701 MCKEAN AVENUE
CHARLEROI,PENNSYLVANIA 15022
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IN THE COURT OF CO~l~ON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIV.ISION
IN.·RE:.,ES.TATE OF lJ'.1.ARY MADLIAK,
Deceased NO.155 of.1969
ANSWER TO PETITION
AND NOW comes the Respondents,Michael Hudock and
Elizabeth Hudock,his wife,by their attorney,Patrick J.Rega,
and make the following Answer to the Petition for Citation for a
rule to show cause filed by the Petitioner herein.
COUNT I
1.The allegations of paragraph one (1)are admitted.
2.The allegations of paragraph two (2)are admitted.
3.The allegations of paragraph three (~)are admitted.
"
4.The allegations of paragraph four (4)are admitted.
5.The allegations of paragraph five (5)are admitted
in part and denied in part.The allegations of paragraph five
(5)of the Petition are admitted insofar as they state th~t all
of the money credited to the said savings account was the.'pi-oper-
and
ty'of Mary Madliak and Andrew Madliak,Sr.,!that none of the money
was deposited by him to this account.It is specifically denied,
however,that upon the death of Andrew Madliak,Sr.,all of such
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monies became the sole property of Mary Madliak~On the contrary,
Michael Hudock owned a surviving interest in said savings account.
6.The allegations of paragraph six (6)are admitted.
7.The.allegations of paragraph seven (7)are denied.
It is specifically denied that Mary Madliak never intended to
make a valid inter vivos gift of the above bank account either
in whole or in part to the Respondent,Michael Hudock.
8.The allegations of paragraph eight (8)are admitted.
9.-The allegations of paragraph nine (9)are admitted.
10.The allegations of paragraph ten (10)are denied.
Responcents specifically deny l;that the monies in the said savings
account approximated in the amount of $17,500.00 together with
interest,and further deny that said monies are the property of
the Estate of Mary Madliak and should be accounted for,returned tc
and distributed in the Estate of Mary Madliak.In further answer
Re~pondents aver that at the time of Mary Madliak's death there
remained-a ..balance·in sgid ,savingsi accoUnto~only:$8,363.15.
11.The allegations of paragraph eleven (11).are ad-
mitted in part and denied in part.The Respondents admit that
Michael Hudock received the balance of said savings account on
the death 'of the Decedent,Mary Madliak,as above stated,but
deny that said account approximated $1 7 ,500.00 tog~·ther with in-
terest and further deny that said monies should be returned to
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the Estate of Mary Madliak for their proper administration for
the reason that said monies rightfully and legally belong to
the Respondent,Michael Hudock.
COUNT II
12.Respondents incorporate herein their answer to
paragraph one·(l)~;two (2),and three (3)above in answer to
paragraph twelve (12)of the Petition.
13;The allegatioris of paragraph thirteen (13)are
adrr.i t ted.
14.The allegations of paragraph fourteen (14)are
admitted in part and denied in part.It is admitted that on or
about January 31,1968,the Decedent conveyed said premises to
Respondents by deed dated January 31,1~681 but it is specifi-
cally denied that Respondents in any manner or form induced the
Decedent to do so.It is further denied that the consideration
recited therein does not represent the fair market value of the
premises ..
15.The allegations of paragraph fifteen (15)are deniec
16.The allegations of paragraph sixteen (16)are
denied in each and every particular.
17.The allegations of paragraph seventeen (17)are
denied.Respondents specifically deny that they procured the
signatu~e of the Decedent,Mary Madliak,under circumstances
arranged by Respondents with respect to which Mary Madliak was
without independent advice.
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18.The allegations of paragraph eighteen (18)are
denied.The Respondents specifically deny that they held any
position relative to the Decedent that would be.characterized
as a confidential relationship at the time Oecedent signed the
January 31,1968 instrument.
19.The allegations of paragraph nineteen (19)are
admitted in part and denied in part.Respondents admit that
they have refused to relinquish their interests in the premises
abcve described,.but deny that they are under any obligation to
do so.,Respondents respectively urge that the second ~lause of
paragraph 19 Qf·Said petition is unintelligible,and therefore,
offer no answer to the same.
COUNT III
20.Respondents.'incorporate herein their answers to
paragraph one (1),two (2),and three (3)above.
21.The allegations of paragraph twenty-one (21)are
admitted in part and denied in part.Respondents admit that
Mary Madliak was the owner of a metal strong box\but neither",
admit~nor deny that said box contained $2,300.00 in cash and
othe~valuable documents for the reason that they have no knowledg
ttercof after reasonable investigation and therefore,demand procf
of tr.e same.
22.The allegations of paragraph twenty-two (22)are
admitted in part and denied in part.Respondents admitted hav-
ing taken possession of said metal strong box,but specifically
-4-
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deny havin'3'removed $2,000.00.';On the".contrary,Respondents an-
swer that they have receipts in the amount of approximately $600.0C
for ,expenses paid on behalf of the D~cedent,Mary Madliak,and
payable from monies contained in said box.Respondents further
answer that the balance of the cash contained in the said box
and the ,balance of the monies,was delivered to Jess D.Costa,
the attorney for the Estate of the Decedent at that time.
23.The allegations of paragraph twenty-three (23)
are denied.Respondents deny that they have refused to return
to the Estate of Mary Madliak $2,000.00 from the metal strong
box.On the contrary,they answer that they have delivered the
metal strong box and the balance of approximately $900.00 con-
tained therein to Jess D.Costa,attorney for the Estate of the
Decedent at that time.
24.The allegations of paragraph twenty-four (24)are
denied in each and every ;particular..Res;pond,ents speci~ica:Lly
deny that there existed a relationship between the Decedent and
the Respondents which manifested an intent on the part of the
Respondents to exercise undue influence upon Mary Madliak with
respect to the said savings account;the conveyance of said real
estate,and the monies in said metal strong box.
WHEREFORE,Respondents request this Honorable Court
to dismiss this Petition and order to show cause upon the Res-
pondents at the cost of the Petitioner.
MELVIN B BASSI
BY v~-/.fl_I(./J A1AV.4'Y~
Patrick J.Re~)(,Attgrney'for
Respondents./r
COMMONWEALTH OF PENNSYLVANIA
.COUNTY OF WASHINGTON
SS:
BEFORE ME,a Notary Public,personally appeared Michael
Hudock and Elizabeth Hudock,his wife,who,being duly sworn
according to law depose'and say that the facts set forth in
the foregoing Answer to Petition are true and correct to the
best of their information,knowledge and belief.
Michael Hudock
Sworn to and subscribed before me
this 1?%L day of March,1974.
,~-~~/(
Notary Pub1ic'--'/,
My Commission Expires:
N.P.SEAL:
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~N THE COURT OF ~OMMO
OF WASHINGTON COUNTY,PENNA
ORPAHNS'COURT DIVISION
NO.155 of 1969 '
'"
IN RE:ESTATE OF MARY
MADLIAK,Deceaf:ied.
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ATTORNEY AT LAW
701 MCKEAN AVENUE
HARLEROI.PENNSYLVANIA lS022
ANSWE'R TO PET'ITION
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IN THE COURT OF CO~10N PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF MARY MADLIAK,
Deceased
.
;NO.155 of 1969
PRAECIPE FOR APPEARANCE
TO:BOB A.FRANKS,PROTHONOTARY:
Please enter our appearance in the above-styled cause
of action.
Melv~n B.Bass~,Attorney
Respondents •
.ANStA7ER TO PETITION
for
I
Michael Hudock and Elizabeth Hudock by their attorney,I
Melvin B.Bas:si,hereby make the following Answer to the Petition
filed by the Petitioner herein:
1.Admitted.
2•Admi t tee.•
3.Admitted in part and denied in;part.Respondents
admit that the Decedent died February 1,1969,and at the time
of her death was infirm(arid the subject of a guardianship pro-
ce=ding.Respondents specifically deny that during the eighteen
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(18)months immediately prior to the death of the Decedent,that
the Cecedent and her husband had signed a deed conveying their
home property to the Respondents.Respondents further deny that
the name of the male Respondent was added to a savings account
in Mellon National Bank,Donora Office.Finally,Respondents
deny that they removed a metal box in which it was be1iev~d.
Twenty-three Hundred and 00/100 ($2',300.00)Dollars,in cash,,.,
and other items of value were located from the residence of Mary
Mad1iak immediately after "her death.
4.Denied.It is denied that the Respondent,Michael
Hudock's name was added to the savings account averred in para-
graph three (3)of the Petition and,therefore,Respondents are
unable to make any response to the amount that might have been
contained in such a savings account.Respondents are without
sufficient knowledge to respond to Petitioner's estimated value
of the resi~ence of Mary Madliak and,therefore,make no response
thereto.Finally,Respondents deny that said assets were removed
from the Decedent's home immediately after her death and,there-
fore,make no response to the estimated value thereof.
5.Respondents object to the remedy sought by the
Petitioner,specifically,that requiring a bond for the protec-
tion of the Estate and to insure that the assets will remain in-
tact,for the reason that Respondents believe the remedy to be
quite extraordinary,if not improper,and without legal basis,
and further,for the reason that a substantial period of time
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having elapsed since the death of Mary Madliak and no~such
Petition having heretofore been made by the Petitioner,to re-
quire the posting of a bond would impose an unjust,difficult,and
inequitable burden upon the Respondents to now have to post a
bond ~o protect assets which have not been adjudicated as owing
to the Estate.
WHEREFORE,Respondents pray your Honorable Court to
deny Petitioner's request for an Order requiring Respondents to
post bond in accordance with
for
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF MARY ~IADLIAK,
Deceased
.
;NO.155 of 1969
INTERROGATORIES
The following Interrogatories are hereby directed to
the a~ove captioned Estate of Mary Madliak,and her Executor
and Petitioner herein,Andrew Madliak,and his attorney,pursuant
to Pennsylvania R.C.P.No.4005 and are made returnable twenty
(20)days after date of service.
1.State your full .name.
2.State your age.
3.State your present address.
,
4.State your "present occupation.
(A)How long have you held that employment?
5.What is your relationship to the Decedent herein,
Mary Madliak?
6.In what capacity,if any,do you represent the
Decedent,Mary Mad1iak's,Estate?
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·.
,
7.What items of property,money,or other assets do
you claim are owing the Estate of Mary Madliak for which you
claim the Respondents herein are responsible?
8.State those facts upon which you rely to make the
above claim and the method and/or manner by which you come to
seek the specific items of property,money and assets stated.
9.In Count I of the Petition filed herein,you allege,
in substance,that the name of the Respondent,Michael Hudock,
was added to a savings account but that the Decedent never inten-
ded to make a valid inter vivos gift to the said Respondent.
Please state:
(A)Account number.
(B)Location of the account.
(C)The amount of monies held in the account.
(D)All transactions (i.e.deposits,withdrawals,
parties involved,etc.)involving the account.
(E)The facts upon which you rely to establish
the Dece4ent's intent or lack thereof relative to the account and
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·.
the said Respondent.
(F)Statements,conduct or other activity of
the Decedent evidencing the Decedent's intent relative to the
disposition of this account vis-a-vis the Respondent.
(G)Names and addresses of all persons involved
with any anc all transactions involving this account.
10.In Count II of the Petition filed herein,you aver,
in substance,that the Respondents induced the Decedent,Mary
Madliak,to sign an instrument dated January 31,1968,purport-
ting to be a deed of certain described premises.Please state:
(A)Description of the property.
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.....
(B)A description of the form of inducement al-
legedly practiced on the Decedent by the Respondents.
(C)The date or dates it was allegedly practiced.
(D)The place where it allegedly occurred.
(B)The n~e·and address of each person alleged
to have been involved.
(F)The name,or other means of identification,
and address of each person present at the time and place of
such in:lucement.
11.You further aver in Count II that the aforementionE~
tran.saction in conveyance of said property was not fair or con-
scionat1e.Please state:
(A)The facts upon which you rely to support such
a claim.
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!
.'
....
(B)The names and addresses of any persons who
have any knowledge of the facts stated in 11 (A).
12.You further aver in count II that the aforementioned
transaction in conveyance of said property was tainted by fraud
on the part of the Respondents.Please state:
(A)A description of the fraud allegedly practiced
on the Decedent.
(B),The date or dates it was allegedly practiced •
.'
..Po •(C)The place where it allegedly occurred.
'..
(D)The name and addresses of each person alleged
to have been involved.
(E)The name,or other means of identification,
and adjress of each person present at the time and place when the
allegej fraud occurred or having any knowledge the~eof.
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~---------.-.r-----_.-----
••
13.You aver in count II tnat the Decedent did not in-
tend to convey said property to the Respondents.Please state:
(A)The facts upon which you rely to establish
the Decedent'·s~intent or lack thereof relative to the conveyance
of said property to the Respondents.
(B)Statements,conduct or other activity of the
Decedent evi1encing her intentions relative to the conveyance of
said property to the Respondents.
(C)Names and addresses of all persons who have
knowledge of the Decedent's intention concerning the conveyance
of said property.
14.You aver in Count II that the conveyance of said
property was not supported by adequate consideration.Please
state:
(A)Each fact upon which you rely to support
such a claim.
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••
(B)The value you attribute to the benefits re-
ceivej by the Decedent pursuant to the conveyance of said proper-
ty.
(C)The facts which you have considered in com-
putinc;each of the valuations referred to above.
(D)The method you have used in computing such
values.
15.You aver in Count II that the Respondents procured--
the signature of the Decedent,Mary Madliak,under circumstances
arrangej by Respondents with respect to which Mary Madliak was
without independent advice.Please state:
(A)The facts upon which you rely to suppo~t such
a claim.
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-'I
(B)Your reasons for believing that the Decedent,
Mary Madliak was in need of independent advice,if,indeed,she
was without the same.
(C)The name and address of each person allegedly
involved in making said "arrangement."
(D)The detail and manner in which the Respondents
allegedly "arranged"such circumstances.
(E)The date,time and place when it allegedly
occurred.
(F)The name,or other means of identification,
and address of each person present at the time and place the
alleged arrangements were made and brought'to fruition,or having
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I'
any knowledge thereof.
16.You aver in Count II that Respondents,by virtue
of their position and actions,were in a confidential relation-
ship with the Decedent at the time tlie~Decedent signed the Januari
13,1968 i~strument.Please state:
(A)Facts which described the alleged position
and actions of the Respondents constituting the confidential
relationship allegedly existing between the Decedent and the
Resp~ndents.
(B)The dates,times and places when and where
these actions allegedly occurred.
(C)The names and addresses of each person allege
to h~ve been involved.
.(D)The manner in which the alleged confidential
relationship was used by the Respondents to th~detriment of the
Deceden~.
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•
(E)The name,or other means of identification,
and address of each person present at the times and places where
the Respondents made use of the alleged confidential relationship
with the Decedent,or having any knowledge thereof.
17.In Count III you aver that Respondents took pos-
session of a metal strong box,owned by the Decedent and containinl
approximately $2,300.00 and other valuable -documents,and removed
therefrom approximately $2,000.00 in cash.Please state:
(A)If you presently have possession of said
metal box and if not,who does.
(B)The present contents of said box.
(C)The facts upon which you rely to establish
the contents of said box at the time of Mary Mad1iak's death.
(D)The date and time on which the Respondents
allegedly took possession of said box.
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•
(E)The-'place from where said box was allegedly
'.;
taken by the Respondents.
(F)The name and addresses of all persons involved
in the alleged taking of said box.
(G)The name and address of any persons having
knowledge of the alleged taking of the said box.
18.In Count III you further aver that the relationship
existing between Respondents,Michael Hudock and Elizabeth Hudock,
his wife,manifested an intent on the part of Respondents to im-
pose and exercise undue influence upon Mary Madliak with respect
to:
(1)Approximately $17,500.00 in the savings ac-
count referred to in Count I above;
(2)The fraudulently obtained conveyance of the
real estate referred to in Count II above;
(3)The approximately $2,000.00 in cash ffiisappro-
priated by Respondent from the Decedent's metal strong box re-
ferred to in Count III above-Please state:
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~-----~~--------------~-~-~-~-~
(A)A description of the alleged relationship
existing be~ween the Respondents and the Decedent.
(B)The period of time during which it existed.
(C)The name and address of any person having
knowledge of the relationship,if any,between the Decedent and
the Respondents.
(D).~description of the undue influence allegedly
exe,rcised upon the Decedent by the Respondents.
(E)The date or dates upon which it was allegedly
practiced.
(F)The place or places where it allegedly occur-
red.
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·.
(G)The ~ame and address of each person allegedly
invo1-Jed.
(H)The r.ame,or other means of identification,
and address of each perscn present at the time and place where
the alleged undue inf1uer.ce was exercised or having any knowledge
thereof.
19.State the names and addresses of the legatees,
devisees or other beneficiaries of the Estate of the Decedent,
Mary I-1ad:'iak.
20.To your knowledge,did the Decedent ever request
the assistance,in any farm from the above-named,or any other
person,prior to her death by reason of her advanced age and in-
ability to properly care for herself during a period of no less
than ten (10)years prior to her death?If so,please state:
(A)A factual description of any instance when
such a request was made and the details of the request.
(B)The place or places where it occurred.
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·..~...
(C)The times and dates when it occurred.
(D)The names and;'addresses of any person involved
in sucn a request.
(E)The names and addresses of any person present
when such a request was made or having any knowledge thereof.
21.To your knowledge,did the Decedent receive said
assistance from any of the above-named or other person as per the
request of the Decedent?
If so,please state:
(A)A description of the assistance rendered the
Decedent.
(Bl The place or places where it was rendered.
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----------n.-----
I ~•,
'C ,'-•..
II
volved.
(C)The times and dates when it was rendered.
(D)The names and addresses of all person in-
(E)The names and addresses of any persons pre-
sent ~hen such assistance was rendered the Decedent or having
knowledge thereof.
22.What is the present status of the Estate?
23.Do you have in your possession or know the location'
I
II of any documents,papers or other items which would support,ex-I:
plain,'prove,establish or tend to do the same relative to any
facts,c.i:r.cumstarrces"or claims as stated in both your J,>etition
and Answers to the above questions?
If S9,please identify and account for these documents,
papers or items.
~.
'..'~}
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•
PatrJ.ck J.ReJda,Aporney"-for
Respondents V
-16-
f
r,
Form No.14 (1972r
Notice-Deposition on Oral Examination
~2
Washington County Bar Association
Washington,Penna.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPILA.NS'COURT DIVISION
IN RE:ESTATE OF.MARY MADLIAK,
deceased.
VS.
NOTICE OF TAKING DEPOSITION
ON ORAL EXAMINATION UNDER
PA.R.C.P.No.4007 (c)
Notice is given herewith that,pursuant to Pa.R.C.P..No.4007,the depositDon (s)
Michael Hudock and Elizabeth Hudockof.__..
Tuesday,April 16,,74 10:00 0'clockon,,19 ,at._..
A.
o'clock,..m.,and at any and all adjournments thereof.
PEA::j?K,KELLER,YOHE &DAY
....~;r.~7..C.~.
Dated ..Attorney(s)for.....Audr.ew...M.a.dliak,....J.r....,....,Execu.tor
Estate of Mary Madliak
AND NOW,thiS s.r.._~daY OL ~_:__ ,19.1..{.,I hereby accept
service of the within Notice and acknowledg.e·to have received a copy ihereof.
.''-";',~,--.,-.........
_··_····_tt:2~·······tf-·~···········_··················
Attorney(s)for ~....
AND NOW,this day of...19 , I hereby cfrtify that I have furnished
all counsel involved with copies of the foregoing.
Attorney (s)for __ .
(
,...."J<'po..:.;_
I~'.;:\'
.'Vd ..aQ'NJ ,~j NIHS~:M'
SillM :W iLI.LSIS3H
oN1:~!\111 113 SSOtl
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·sfuapuodsa'H .I0J AaU.IOnv
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT,DIVISION
IN RE:
ESTATE OF
MARY MADLIAK,
deceased.
)
)
)
)
. )No.155 of 1969
)
)
)
t
A~SWERS TOINTERROGA'TORIES
AND NOW,comes Andrew Madliak,Executor,by his attorneys,
Peacock,Keller,Yohe &Day,and answers the Interrogatories in the
above captioned Estate of Mary Madliak as foEows:
1.Andrew P.Madliak,Jr.
2.Fifty-nine (59).
3.205 Level Street
Bentley-ville,Pennsylvania
4.Employee Bethlehem Collieries.
(a)Thirty-five (35)years.
5.Mary Madliak is the mother of Andrew P.Madliak,Jr.
6.Executor of the Estate of Mary Madliak.
7.(a)The sum of Seventeen Thousand Five Hundred and no/lOO
($17,500.00)Dollars.
(b)The sum of Two Thousand and no/lOO ($2,000.00)Dollars.
(c)Title to a certain parcel of land situate in Bentleyville
Washington County,Penn~ylvania,more particularly described
in the original Petition.
8.(a)$17,500.00.This sum was the July 1967 balance of an account
at Mellon National Bank &Trust Co.,in the names of Andrew
Madliak,Sr.and Mary Madliak,his wife,and upon the death of
Andrew Madliak.Sr.,became the sole property of Mary Madliak.
•
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t·,•
(f)See answer to (e).
(g)(l)Anc:rew Madliak,Sr.,deceased.
(2)Mary Madliak,deceased.
(3)Michael Hudock
106 Dallas Street
Bentley-ville,Penna.15-314
10.(a)ALL that certain parcel of land situate in Bentleyvi~le,
Wa.shington County,Pennsylvania,being described as Lots No.16,
17 and 18 in the Acme Plan of Lots of Bentleyville,recorded in
Plan Book 3,page 143,being the same premises conveyed to
Andrew Madliak and Mary Madliak,his wife,by deed of Joh;].Skreyzol D,
et ux.,dated August 20,1926,and recorded in the ;Recorder's Office
of Washington County in Deed Book 541,page 456.
(b)The property is worth,at least,$7,000.00.The deed
recites consideration of $500.00.Respondents insisted on this
transfer as consideration for their continuing neighborly services
and assistance to the M,adliaks.The proof of fair consideration
will be a burden of respondents.
(c)On or about January 31,1968 and a period of months
proceeding this date.
(d)In Bentleyville,Pennsylvania.
(e:'Mary M2.dliak,deceased.
Andrew Madliak,deceased.
Michael Hudock
106 Dallas Street
Bentleyville,Pennsylvania
Elizabeth Hudock
106 Dallas Street
Bentleyville,Pennsylvania 15314
(f)The names,or other means of identification of each
person present at the time and place of such inducement are
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t'
.solely within the knowledge of the respondents.
11.(3.)Mary Madliak was the owner of the above described
property.She conveyed such to respondents who were not
relatives,but rather persons in a confidential relationship.
No adequate consideration was given for the conveyance.We
believe it was not the act of her free will,but the result of undue
influe:1.ce.
(b)The fact of transfer and consideration for such are
of public record in the Recorders Office of Washington County,
Pennsylvania.
Mr.and M~s.~t\ndrew Madliak,Jr.
Bentleyville,Pennsylvania.
12.(a)In Bentleyville during a period in 1967-1968,Michael
Hudoc:-\:and Elizabeth Hudock were in a confidential relationship
with Andrew Madliak and Mary Madliak.Respondents used
this relationship to cut off Andrew Madliak and Mary Madliak
from relatives and friends,allowing no private conversations,
controlling their money both income and expenditures,and).
otherwise exercising complete control over their lives.The
burden is on respondents to show the transfer of real and personal
property was voluntary and for adequate consideration and without
undue ~nfluence.
(b)See answer in (a).
(c:'See Answer in (a).
(d)See answer in (a).
(e)See answer to (a).
13.All parts,(see answer to 12 (a)).
14.(a)The monetary consideration fo.r the transfer of a plat
...4...
·.
consisting of Lots 16,17 and 18 in the Acme Plan,Bentleyville,
Pennsylvania.Together with a house erected thereon was
$500.00.Such payment does not represent the fair market value
or an amount even fairly comparable to the fair-market value.
(b)The petitioner knows of no benefits received by the decedent
pursuant to the conveyance of said property other than monetary
remur_eration.It can be explained only by undue influence.
(c)and (d)See (a)and (b)above.
15 (a)through (f)See answers to 10 (a),12 (a)and 14 (a).We
believe Jesse Costa,Esq.was representing the grantors and
Mary Madliak was not represented by independent counsel.
16 (a)-(e)Prior to 1967,Andrew Madliak,Jr.,had a good personal
relationship with both Mary Madliak and l.ndrew Madliak,S-r~,his
parents.During 1967,the decedent and her husband paid the
respondents to 'Itake carel!of them.Subsequent to this agreement,
Andrew Madliak,Jr.,found it increasing~ydifficult to gain access
to his parents.The respondents present~no opportunity to
meet with decedent alone and insisted on being present at any
discussions between Andrew,Jr.and his mother.Respondents
took over all services to the Madliaks,transportation,aid in
cleaning,meals,etc.,for which they were regularly paid,and
at the same time eased petitioner out.The deed in question was
executed within ten (10)days of the death of Andrew Madliak,Sr..
Petitioner was not informed of this signifieant transfer.
17.(a)The petitioner is presently in cus~ody of the metal box.
(b)Private papers and $351.80 in cas~1..
(c)Statements made by decedent prio~to her death
-5-
....1
(d)Respondents took possession of the box at a time unknown
to petitioner.They did turn it over to p=titioner on demand,t'hru
J esse Costa,Eaq.in 1973.
(e)From decedent's residence.
(f)Michael Hudock and Elizabeth Hudock.
(g)See ab:yve;also Attorney A.J.Kuzdeny,7 Court Street,
Uniontown,Pa.;Golden Age Nursing Home,Brownsville,
Pennsylvania;John Botsko,208 Level Street,Bentleyville,
Pennsylvania
\i
18.(a)-{h)See answers to 10 (a),11 (a),12 (a),14 (a),15 (a)
and 16 (a).,Since a confidential re~ationship existed,respondents
will h:tve to p,rove.that undue influence did not exist,and that the
,"
$27,000 worth of assets acquired from decedents were for valid
consideration or by bona fide,completed gifts by competent persons.
19.Andrew Madliak,Jr.
205 +..evel Street
Bentleyville,Penna.15314
20.(a)-(d)Mary Madliak often requested assistance of Andrew
:.vIadliak,Jr.,her s'on.Such requests occurred throughout the
lifetime of the decedent on a daily or weekly basis.These requests
became less frequent after respondents began to assert their influenc
in 1967.But in September 1968,when respondent entered the Golden
Age Nursing Home,she requested that Andrew Madliak,Jr.,
help her write a new will.In addition,petitioner asked the
Hudocks to look in on his parents beginnir:g in 1954,and the Hudocks
may have been asked to provide some transportation and assistance
Eince they were regularly paid for this,at least $12.00 per week
ty Andrew Madliak,Jr.
(e)The principals,and as to the request to help with the
new wiU and related matters,see answer to 17 (g).
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i.•
21.Yes.(a)-(e)see answers to 20.
22.The estate of Mary Madliak is presEntly being administered
by Andrew Madliak,Jr.All assets of the estate are in the hands of
respondents,thus requiring this petition and hearing,excepting only the
box and contents.
23.Yes.Bank accounts and records.
PEACOCK,KELLER,YORE &DAY
By
"
-R~'7:"C~
Attorney for the Executor
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,,.
~,....
..',...
!I
COMMONWEALTH OF PENNSYLVANIA)
)SS:
COUNTY OF VvASHINGTON )
Before me,the undersigned authority,personally appeared
ANDREW MADLIAK,Executor,who,being duly sworn according to law,
deposes and says that the facts set forth in the foregoing Answers to
InterrDgato:ries are true and correct as he verily believes.
/~~Andrew Marra ,
Sworn to and subscribed
before me this JI 'fIf day
of -~...,,?-,A.D.,1974.L/"=JO ,/'l'd &.,
,Ma"":Jane Smith,Notary Public
Washlrgton,Washington County,Pa.
My Commi'ssion Expires
February 14,1977
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,.PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
MJ..RY MADLIAK,
Deceased.
)
)
)
)
)
)
)
No.63-69-155
BY THE COURT:
ORDER AND AGREEMENT
PROCEEDINGS IN CHAMBERS BEFORE
THE HONORABLE PAUL A.SIMMONS,
June 24,1974.
Appearances:
Robert T.Crothers,Esq.,
representing the Executor.
Melvin B.Bassi,Esq.,representi g
th~Respondents.
It appears to the Court that a hearing
in regard to.the estate of Mary Madliak at Number 155 of
1969 in the Orphans'Court)"Division of the Court of
Common Pleas of Washington County was scheduled to be
heard on the 27th and 28th of June,1974;it further
appears to the Court that Attorney Crothers and Attorney
Bassi,the respective counsel for the parties in this
natter,appeared before the Court,and Attorney Crothers,
who is attorney in the firm of Peacock,Keller,Yohe &
Day,has requested a continuance due to the fact that
he is unable to schedule testimony or get a deposition
of a Dr.John Bonessi to testify as to his diagnosis or
treatment of one,Andrew P.Madliak,Sr.,now deceased,
~nd/or Ma~y ~adliak,now deceased.
Let the record show further that Mr.
Eassi has opposed this continuance,but upon the
representation of Mr.Crothers that Dr.Bonessi has now
changed his office from Washington County to Allegheny
County,and is now not available betause of a vacation
out of the country,the Court is inclined to grant this
continuance on the ground that the doctor is now un-
available and that the doctor is,according to represen-
tation of Mr.Crothers,a very necessary witness in this
matter,the Court will pose this question to Mr.Crother,
it is my understanding that if we reshhedu1e this matter,
this will be the last request for a hearing as far as
the unavailability of Dr.Bonessi is concerned.In othe
words,even if he is unavailable,you will not request
any additional continuances if you are not able to have
him available for testimony or a deposition from him
by the 19th ~nd 20th day of Septembe~,1974.Is that
my understanding?
MR.CROTHERS:
BY THE COURT:
Yes Your Honor.° ,
In other words,if Dr.Bonessi is not
available for testimony or you do not secure depositions
from him before the 19th and 20th of September,then
you will not require ~ny more continuances for that
purpose.
MR.CROTHERS:Yes,o Your Honor.
THE COURT:Mr.Bassi,I know you oppose this motio
fcr continuance.Is it agreeable with you since I am
°going to grant the motion for the days of the 19th and
20'th of September,are those days agreeaOb1e to you?
MR.BASSI:
satisfactory.
BY LIE COURT:
The dates fixed by the Court are
So we will set oat 9:30 A.M.on the 19th,
I
I
beginning at 9:30 on the 0:z nth as two days:for the
continued hearing in regard to theestoateof Mary
Mac.1iak.It is further the order of the Court,that you
C ------------,,-----------..............--------.,...------------------r-r-....,
shall,Mr.Crothers,notify all persons who should be
notified of this hearing,inasmuch as you are asking for
this continuance.I think notices ought to be sent out
to all interested parties so they will be well aware
of this continuance,and further will be in a ppsition
to go forth on that date.
By the Court,
/~~~
Paul A.Simmons,J.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
,ESTATE OF
MA~Y MADLIAK,
De::eased.'
)
T
)
)
)
)
)
No.155 of 1969
STIPULATION AND AGREEMENT
AND NOW,this 19th day of September,1974,it isstipu1at d
by and b~tween counsel for the parties and between the parties
themselv~sin the above..captioned matter as follows:
1)It is agreed that ~he Estate of Mary Madliak and any
benefici3.ries thereof her'eby and forever discharge and release
and forfeit any claim to.that property heretofore owned by the
said Mary Madliak which is th~subject nf this litigation,with tte
exception of $351.80 and othei contents of a metal bo~presen~ly
in possession of Andrew Mad1iak,Jr.,Executor of the Estate of
Mary Madliak,dec~ased.
2)It 'is agreed that Michael Hudock and Elizabeth Hudock
his wife,shall pay to the Estate of Mary Madliak,deceased,the
sum of $1,000.00.
3)Furthei,it ~s agreed that th~said Michael Hudock
and Elizabeth Hudock,his wife,shall pay record costs in the
amount of $41.00 to the Exectitor of the Estate of Mary Madliak,
decea~ed.In addition,Michael Hudock and Elizabeth Hudock,his
wife,shill pay $150.00 witness fees to Attorney Robeit ~.
C:rothers,,who will see to the proper payment of sa'id fees.This
sum of ~oney is in full payment of any witness fee~that may have
accrued as a consequence of the litigation in the above"captioned
esta.te.
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4)All parties hereto,intending to be legally bound,
agree tha't this Stipulation and Agreem'entshall settle finally and
irrevocably all disputes by and between the parties h~reto which
in any way affectthe Estate of Mary Madliak,Deceased•
.pei?fto,IWIl?;5~bY .
Robert T.Croth~is,~Attorney for th~Executor.
~~t9~./~Ancrei\:1l1iak,ro;xefttoiO ,re
Est,~t~~Of Mary Madliak,deceased.
,~-:'/f ".~.
ass'i &Rega,~atric,.At~,ornei for Micl:ael Hu 6'ckEliz~beth Hudock~,
AND NOW,/q-K .
this',>"~ay of September,1974,the foregoingj
Stip°.llat ion and,Agreement is approved'by the Court.
By the'Court,
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In the matter of the Audit of Account in
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Estate oL-M At\'J No._________,19__,A. A.
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,TO THE AUDITI~G JUDGE:
Enter 4X"I'"appearance fc·r-;?¥=A~t7,k
~---,,__day o,.....f ---""""""'ifAol........OL.o""----,]9-kJl
N.B.-Counsel shall,by separate paper,present a concise statement of each
claim,with sUP1,orling calculation of any interest clai:ned.Objections
to an account a3 filed,shall be concisely stated in a separate paper.
Council suggestiI:.g proper distribution shall file a separate concise state-
ment in that regard.
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RALPH W.PEACOCK
CHARLES C.KELLER
DAVIS G.YOHE
REED B.DAY
KENT C.PUTNAM
LAW OFFICES
PEACOCK,~KELLERa YOHE
EAST BEAU BUILDING
68-70 EAST BEAU STREET
WASHINGTON,PA.15301
AREA CODE 412
222-4520
February 7.1969
Russell Marino.
Re gister of Wills
Court House
Washington.Pa.15301
In Re:Estate of Mary Madliak.
deceased
Dear Mr.Marino:
We have offered for probate a Will of Mary Madliak which was
executed on September 25.1968.We are informed that a prior will.
dated in 1965.for the said Mary Madliak was offered for probate and
Letters were issued thereon early in the week of February 3.1969 to
clients of Attorney Jess Costa.
We wish to have the earlier Letters revoked.the Will of
September 25.,1968 probated.and Letters issued to Mr.Andrew Madliak.
according to the terms of the later will:
. I am informed by Judge Marino that this will require a hearing
befo'i~e the Register of Wills.It is further my understanding that the nature
of that hearing will be to hear testimony as to the propriety of the later will.
If it qualifies.then it would supersede the earlier will and would justify the
revocation"of the earlier Letters and the grant of new Letters.If for any
reason it does not qualify.then the earlier action would stand.Either party
then would be entitled to appeal to the court if dissatisiied with the result.
We would like to have this hearing held at the earliest possible time.
The attorney representing Andrew Madliak.the later applicant.is Mr.A..
J.Kuzdenyi of the Fayette County Bar.who is their first Assistant District
At.torney.Either Mr.Costa or Richard DiSalle will represent the applicant
who has received the earlier letters.
If there is any question.do not hesitate to call me.In the meantime.
we will await your fixing of a hearing date and I repeat that we would like to{,have this at the earliest possible time..
CCK:jDk
cc:At'torney Kuzdenyi
Very truly yours.
~C.:J!~
By Charles C.Keller ~~'9'X.
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OFFICE OF'THE REGISTER OF WILLS
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Fo;~"No.RCC-62 (6-70)THIS FORM REQUIRED IN ALL ESTATES WITH GROSS ASSETS UNDER $10,000,UNDER SECTION 701 OF ACT OF JUI'E 16,1861,
EFVECTIVE JANUARY I,1862.(FILE IN DUPIJCATE WITH COpy OF WIJ.L ATTACHEDl ,It3-69-/s j -V
~,..,r'--,WASHINGTON,,,
..' \ f \ \ .County of .., . '....•......' ;.•.
'.~.i.~~.a.~1..~~~,o.~~,,'of .'.9?.q?.'.'.~~..~~.r:~~.t.~.~.~~~.'.~Y.V.i1.l.~,..~~~
•.,(Name)(Addrese)
being duly ~~.9..!:_~according to law,deposes and says that he is the~_~_.!:_~}~.~_~_9_..J_C?J__~_~t_~!.I_~_~_t _
(Exec.,Adm.•Lega=.Ecc.)
of the estate of Mary Mad'i ak whose last residence was ----~--~-~---~-~-]--~-~-~---~-~-~~-~-~-------------------------------------------.---------------------.----------..(No.)(Screet)
~_:.~_~_~_~t~_J__~_~_~_~~_~_:_..deceased,and that the whole of the estate of said decedent,who died ?l_11~_~._)_
(Cicy,Borough or Township)(Dace
consisted 0(:
REAL PROPERTY
REAL PROPERTY IN PENNSYLVANIA,WITH STATEMENT OF MORTGAGE ENCUMBRANCES UPON EACH PARCEL AT DEATH OF DECEDENT,
WHERE PROPERTY HELD AS JOINT TENANT OR TENANCY BY ENTIRETIES,GIVE NAMES.ADDRESSES AND RELATIONSHIP OF OTHER OWNERS.
Real Estate Estimated
Value,
None None
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Personal Property
None None
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..
NOTE:You may expedite the processing of this return by filing with it,and as a part of the return,
letters from financial institutions or mortgage holders,certifying to amounts on deposit or owed by the
decedent as of the date of death.Such letters must be signed by a responsible officer of the financial
institution or mortgage holder and indicate clearly amounts of principal and interest in the decedent's
account at the date of death and the type of account I account number and the exact name or names in
which the account is registered.'
Jointly Held Property
Savings Account No.20734 at Mellon Bank,N.A.(Charleroi office)
in the names of Mary Madli*or Mich~el Hudock (opened 7/12/67)
$8,363.15
Estimated
Value
$8,363.15
Transfers within TWO YEARS Prior to Death
None
1
None
~---jf-----
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 SA.-E DEPOSIT BOX RENTED RELATIONSHIP OF JOINT
IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT
None
._---
-
BENEFICIARIES
RELATIONSHIP SURVIVED AGE OF LIFE
BENEFICIARIES AND ADDRESSES (If step-children or DECEDENT TENANTS OR INTEREST OF
(State full names of all and their addresses who have illegitimate children STATE YES ANNUITANTS BENEFICIARY
an interest,vested,contingent orotherwise,in estate.)are involved,set OR NO AT DEATH OF IN ESTATE
forth this fact.)DECEDENT
Michael Hudock None Yes Sui ;ur;s SlJrv;v;na inini-
106 Da 11 as Street tenant
Bentleyville,Pennsylvania
--_.
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NOTE':#List first five items in the spaces so provided,observe notations thereon,and instructions
r DEBT OR CLAIM NATURE OF SAME AMOUNT THIS COLUMN
.</,/"~EGIS'TER ONLY
Funeral expenses paid $$
Family exemption (will not be allowed unless
decedent died residing with a spouse or children.)
Administration Expenses •
Bassi and Rega Counsel fees •(Litigation expense)1,500.001
Fiduciary commission *
OTHER DEBTS AND CLAIMS
(*)See Note below
Joanne J.Besedick Transcript of testimony 53.50.
Russell Marino,Register Fil i ng expense .4:00,
Hammond !Transcript of testimony 83.65Jackie
Commonwealth of Penna.Death cer t if icate s 4~00...
Andrew Hudock Settlement of litigation I 1,191.00
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Total $2,836.15 2f/)!..,\~
Note:The estate agrees to advise the Register of Wills if the amount actually paid in settlement of any fee,commission 01'debt is greater
or less than the estimated amount claimed and allowed.
(City or Town and State)
(Street Number)
Bentleyville,Pennsylvania
/.~..~'.
¥K:i'eXzM*~»~
106 Dallas Street
Subscribed and sworn to before me this .
\1:;t1t "~>-.....<:>.'......:'..day of '"...-t.'T..ty-,~?7...-:7H:.%'(
Having been duly sworn according to law,I do hereby Ciftifthat the above appraisement is made in conformity with law on this.....................7:t;~.·dayOf ~~~:-,19.~~
....~;(JI:~~~A'p'p~~i~;;""
In the event that any future interest in this estate is transfeITed 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'inheri-
tance taxes at the lawful collateral rate on any such future interest.
,..~EPORT OF ~~~G--~FW'LS .
I,the undersigned duly elected Regls.ter o.f Wills In and for ~~~.... . . . . . . . .County,Pennsylvama,do respectfully
report that I have allowed debts and deductions.in the amounts c1aime -by depone t,cept1tothose items where a greater or lesser amount
is set forth in the last column to the right in said schedule above,which greater or sseI'am e 1'''nts the sum allowed as a dlduction.
15 ..."."".\'II .JQ,l.............~Dated:JAN f>.\~l .Ru~.~~~~.~.~l.\:..'~"':~.'.Y:'1.;-7.~~....Register of Wills .
Form No,RCC-62 (6-70)
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Will''IAdministration;SNo Year .
IN THE
.~.MA:rTER OF:THE APPRAISEMENT
OF THE
ESTATE OF
MARY MADLiAK
Deceased
Late of .Borough of Bent1 eyvi 11 e',"".
Coun~;of :..Was hi ngton
<"c.·..••••••••••-•••••••••••••••
"Commonwealth of Pennsylvania
.REPORT AND APPRAISAL
'V'd ··O~)1'1.:,'.~·IIHSVN\
STl II·'J :.":J1c::It\..,\I• "_.,I •..oJ oJ.::l •..';
BASS I A)ND~!RE!GA.r=!s SnH
Attorneys at Law
701 McKean ~venue
Char15Etjroji l,l:j 6eni?~Y::~OYtP ~l~15022
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RCC-61 (6-73)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
HARRISBURG
17127
NOTICE OF FILING or APPRAISEMENT
Andrew Madliak
(Executor or Administrator)
IN YOUR REPLY PLEASE
REFER TO
Inheritance Tax Division
J:
Inl Re:Estate of __Mar__y_Ma__dl_i_ak----_
__W_a_s_hin_'._g_t_on_.__County _File No.63-69~155
Dear Mr.Madliak:
originalYauoreherebynotifiedthatthe~--::::.----:-:::-:--:----.-:----_
a ppra isementin the estate of =Ma=ry::..ar....-=Ma=d=]=j~ak~__~_____;___=____:_------_
has been fired in the office of the RE!Sl.ister of Wills of Washington
County on Juuary''Z';,,19_'1~_,Said appraisement reflects the foll.)wing
valuations:'
Real Estate _
Personal Property _
Transfers --.,._..,.-_
J 0 inti y Owned --=8:.z,~3~63~.~1~5:..__
Tota I '""8,..3~6I..J.ac.e..1....5"__---_
As to such tax that is paid within three months from date of death,a f;ve (5%)
percent discount is allowable.As to any tax that remains unpaid after nine (9)months
(fifteen mont1s when death occurred from December 22,1965 to June 16,1971,inclusive;
and twelve months when death occurred prior to December 22,1965)from date of death,
interest at the rate of six (6%)percent per annum is charged.
Any party in interest who is aggrieved by this notice may object thereto within
sixty days after receipt of said notice as provided by Section 1001 of the Inheritance and
Estate Tax Act of 1961,72 P.S,248~Ol,P.~<
Date ZJ~1//r1'S;gned ."'~~
,Title 7'L:
DATE.OF DEATH:FEBRUARY 1,1969
Note:This is not a bill.
RCC-39 (5-68)
COw:lONWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SUMMARY
Estate of MADLIAK,MARY
(Last Name)(First Name)
DATE OF DEATH 2-1-69
Onitial)
FILE 1\0.63-69-155
REPORT OF INHERITANCE TAX APPRAISER
I,the undersigned duly appointed Inheritance Tax:Appraiser in and for the County of Washington
Pennsylvania,do respectfully report that I have appraised the real and personal property as reported in the foregoing return at
the values set forth opposite each item in the last column to the right in Schedules "A","8","C",at:d "E".
REPORT OF THE REGISTER OF WILLS
Washington
I,the undersigned duly elected Register of Wills in and for County,PeBnsylvania,do respect-
fully report that I have allowed deductions in the amounts claimed by depone ,xcept as those items where a greater or
lesser amount is set forth in the last column to the right in Schedule "F",hiCh]greater or I sser amount represents t.he sum
allowed as a deduction.
JAN 8 197~RUSSELL :.'.j.~.',::~.t ••A"u.....u......)Dated:~--.:::'.)~___~~
WILI::S
Dated:January 7,1975
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
VALUE AS REPORTED VALUE AS APPRAISED VALUE AS REAPPRAISED
$$$-------+--
5,527.00
,.
Valuation of life estates or
annuities.. . . . . . . . . . . . . . . . . .$t=
-
ESTATE·TAX ASSESSMENTS $.
--......--.---"I"•:...t
£1r.
...):"1S-i .,...wO\\
(*)A~.evidenced by Charitable
~xemption Certificates issued
by the Secretary of Revenue.$..1-_.....:..\
COMPUTATION OF TAXt;
$---_...:..:-.---+---
$----',.-:..'---+.:....--L "\,.$--_---:~---+--
$(.
--_---:~:....-_--+--
$-----=----+--
TOTAL TAX
FOR USE OF REGISTER ONLY
Tax on $----------t--2%
Tax on $@
Tax on $5%
Tax on $10%
Tax on $15%
Exemptions *
Total Estate --1-__
Less tax previously paid
BALANCE
Less 5%of tax if paid within
3 months after death :::::::::=:t==
BALANCE OF INHERITANCE TAX DUE $t=
Add interest at rate of 6%from_____to $---..l
AMOUNT OF ESTATE TAX ASSESSED $----~L-
Estate tax paid $--Il-
BALANCE DUE $---_----JL-
Add interest at rate of 6%from
------Ito-----$-----~t=TOTAL TAX BALANCE $----~,PAID $....J
I
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.
1>.1'1
Will
Administration (No .Year
IN THE
MATTER OF THE APPRAISEMENT
OF THE
ESTATE OF
MARY MADLIAK C '":...'t";;c-:..I.
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Deceased
BENTLEYVILIELateof....
County of WASHINGTON
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
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RC C-2 (2-64)
7,1975COMMONWEALTH'OF PENNSYLVANIA DATE Janury
<..
DEPARTMENT OF REVENUE RESIDENT INHERITANCE TAX COUNTY Washington
BUREAU OF ct)UNTY COLLECTIONS
HARRISBURG,PENNA,11121 APPRAISEMENT FILE NO.63-69-155.-,
Whereas,MARY MADLIAK late of Bentleyville
"Washington',
Commonwealth of Pennsylvania,having died onintheCountyof
the 1st day of Fe_braury 19 69 ,seized and possessed of an estate
subject to Inheritance nder the laws of t °e 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 Ufe 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 Anet Unit
Values
AppraisementMadeforInharltance
Tax Purpoaes
$
JOINTLY-OVJNED:
See copy of appraisement 8,,363.15
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above appraisement is made in con-
19.,z.L--:-
Having been duly sworn accordi~o law,I do hereby c
formity with law on this 7_day of -+---::;~~--:-,,,q;~~~~~~_
--"'=------~~...;..;;......;;.......,,;------,Penna.
Washington COlmty
,.
19~
RESIDENT INHERITANCE TAX APPRAISEMENT
Estate of
Mary Ma41iak
Deceased.
Late 0/
Bentleyville
Date 0/Death,February 1;1969
Appraisement Docket Vol.,__3.....70..;:-"--_
Page,243-4 No.63-69-155
Filed in Register's Office,Jan.7,
Amount of tax due,$_
DEPARTMENT OF REVENUE
Received,
Examined and Approved,_
Wrote abOdd Appraisement,
Appeal f"oHl Appraisement,_
Entered and charged,..__-
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE65455OFFICALRECEIPT.PENNSYLVANIA INHERITANCE AND ESTATE TAXNO·D
RCC·4 (8-68)
"-"--:-.,....,...,.-;-,.-,,.-~.....--:-~.,...,.........,,.-:__:r--:-'~c-:-~-,--,--:-~-~~---,,'.r-.~--_._..o-~_-..-,_~.............-.:-~'--..--~-,-..~-_.~~l3E&:I~__i:m9BIiEmDBIiE1EII~""~~__~ICIaZIII~IIJiIiiCIIiiiii~.)!
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RECEIVED Four Hundred Twenty Six and 13/100....--_...__......__...__..._...".........dollars
M1chael HUdock Ext'.representing Pennsylvania Inheritance or
,~Estate Tax due from the following estate:From:j¢~~-~'~U......tiUCLOC:Jt.---------_._-----------------=:..--------1I. .'ti:'
Address...J.j~~~;UmLiilt~!et.-~2%Tax on $_
B 6%Tax on $5J $27.00
File No.63~69..15S Date of Death--"o.=....:::..w.ooL-_-;15%Tax on $_
Date of Payment __J-:aIl=U::='=_--=2::.;:9'-',1:....,:1=.;9::....:....:::75 ---1
Name of Decedent Mary ,Hadl:i.ak
%Tax on $_
Estate Tax,Act of
May 7,1927
$--------11
$,==4!!!'~2!:!!6~.::!1~3!::::::===1!J
$._--oiZ.~._...~_I'I
TOTAL TAX CREDIT
Less five percentum of tax if
paid within three months after
date of death
Plus interest at the rate of
~%from 5...1-70
to date
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NOTE:This T-ipli~te R8~e'iPt iO be rldained ~;aU~1Z2i~....4 t'\.~
""~","Received by .--'4~J-~~::::s..::~:L+-J.....!:::.~~=:.~~:()--rrJNOTE:In acceptl.ng I~e 1ransferlnl1erItJnc~.tax on future estJtes,prlar 10 Ihe death of Ihe life
tenant or tenont for years,as evlcenced by thls'recelpt,II Is understaad that the Commonwealth shall
not be precluded or prevente~frJm hereafter assessing additional Inherltanc9 tax at the death af the
life tenant or tenant,for y'3ars wheneve-It appears that such oddltlonal tox may be legally due and-~-__:'"if---=_..:+....~L-=:....:::li~-----Il
collecllble for any reason whalsoev3r.'
Remarks:
jmo
d71
County ----:...W-=a:.:s:.:b1=·n=~on~___l
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expenses shall be paid by my Executors hereinafter named,
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IB~ntleY'lille,,
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OF
MARY MADLIA.T{
LAST WILL AND TES~~/ffiNT
I direct that all my just debts,fWleral and
All the rest,residue and remainder ot;my eats.te
I,MARY MADLIAK,a resident of the Borough of
FIRST:
SECO~~:,I give and baqueath unto my son}Andrew P.
THIRD:
:,~'lashingtonCotmty,Pe~nsylvailla,being ofsou.l"ld mind and memory,
i!hereby revoke all wills and codicils,as well as all instruments o~
Ii ,
Ha testamentary nature heretofore made by me,and do hereby make,
II
'1 publish end declare this to be my Last Will and Testament in m~~er,I-/I~and form following:
H.II
III ,
j-,!:mentary
ilIi as soon as conveniently may be after my death.
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'1.11~j the sum of One ($1.00)Dollar onl.y and this is because I have
l!heretofore turned over to him the greater part of my estate duringIIi:my life time.I,
IiIi.1r,j..
;1 real,personal and mixed,of '\<l~tever nature a.l"ld wheresoever
-;situate,\-lhich I may oun or have the right to dispose of at the,
I'...
"time of my death,I h~reby give,devise and bequeath unto my
:-husband,ANDY :NADLIAK.If he should predecease me or should die
at the Sa.lle time that I should die,then Z-..'1.d in that event,I give.
"
'dovise and bequeath the aaid property unto MICP~EL HUDOCK ~l"ld
1:ELIZABETH HTJDOCK"his wife,absolutley,a.s ,tenants by the entire ti e s.;;
':
'I FOu~TH:I hereby nominate,constitute a.'1.d appoint MIC}LlS~
Page 1.
~cvy/rI/j~"~./t1fJ-.(SEAL)
Hary Hadliak
WUDOCK and/or E~IZA3ETH HUDOCK)Executors of this my Last Will
r .
I,&..Tld ,T~ste.ment.
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t.I,.IN WITNESS WHEREOF,I have set my hand and seal to this my
:.!.Last Will and.Testament,which consists of two pa3es,to each of
h
:1 which I have affixed rr'-y signature,this Lj#day of A.pril,1965•
•1..·:1
iI
Signed,sealed,published and declared by }~RY l~LIAK,the
~"
t ,-
;
IIIIi(SEAL)
!
I,
II.i
III
'1 above named Testatrix,as and for her Last Will and Testament,in
"
('the presence of us,who,at her request,and in her presence,and .
•!
!1 in the presenc!of each other..have her~unto subscribed our names
,I
I
.;as '.-Ii tnesses.,iI:t.
I'c;)III'il ....'Y1=J.',...;....~~_'.--'~-"'--.;.,_....;;...___Res i ding at
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Page 2.'
- _i ~'.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT :JIVISION
IN RE:
ESTATE OF MARY M..I\DLIAK,
deceased.
)
)
)No.155 of 1969
)
)
DEPOSITIONS OF MICHAEL HUDOCK AND ELIZABETH
HUDOCK
Taken at 68-70 East Beau Street,East Beau Building,Wash-
ington,Pennsylvania,on Thesday;r April 16,1974 at 10:00
o'clock A.M.,D.S.T.,upon notice of the petitioner herein,be-
fore Joanne J.Besedick pursuant to Pa.R.C.P.No.4007.
-~.'.v
APPEARANCES:
ROBERT T.CROTHERS,ESQ.
CHARLES C.KELLER,ESQ.,of
the fi:-ffiOf Peacock,Keller,Yohe &
Day,Esqs.,representing the
Petitioner
PATEICK J.REGA,of the firm of
Melvin B.Bassi,Esq.representing
the R~spondents.
--~-------------~--
INDEX TO THE "VVITHIN DEPOSTIONS
Examination by Mr.Crothers and Mr.KeLer
MICHAEL HUDOCK
ELIZABETH HUDOCK
3
80
*****************
80
107
r --
MR.KELLER:
STIPULATION
This deposition will be taken subj ect to the
2
usu3.l stipulation that al obj ections and reservations may be ruled on by
the Court at the time of the hearing,if necess3.ry.
Secondly,we would ask both Mr.and Mrs.Hudock if they are willing
to V7aive their right to review the transcript of the deposition and ask them
to consult with their ~awyer and see whether he would advise the:n to do so.
MR.REGA:
MR.KELLER:
Agreed.
I understand that both witnesses have consented to
waive the reading and signing of the deposition,is that correct?
WITNESSES:Yes.
MR.CROTHERS:On the record,I am not sure whether Andrew Madliak
is Either a senior or a junior legally.For pu::-poses of deposition only,I
thir:k we should talk about Andrew Madliak,Sr.and Andrew Madliak,Jr.
Senior being the deceased father of Andrew Madlia~,Jr.,and the husband
of l'llary Madliak,deceased.
~-----~-~-------r-"'"
3
• I
MICHAEL HODOCl(AND ELIZABETH HODOCK,his wife,having been
duly sworn)testify as follows:
Examination of Michael Hodock by
MR.CROTHERS:
Q
A
Q
Q
Mr.Hudock,what is your full name?
Michael Lewis Hudock.
\Vhat is your present address?
106 Dallas Street,Bentleyville.
\Vhat is your age?.,
A 43 years of age.
Q 'What is :your occupation?
A Coal mining.
Q Has this al'Nays been your'occupation?
A Yes.
Q How long have you been in the coal mine?
A About 23 years all together total.
Q Have you always lived in Bentleyville?
A Since I was born.
Q Of what nationality are you?
A Croatian.
Q Your parents were born in this country?
A No.
Q Where were they born?
A Yugoslavia.
Q And you have children?
A Yes,I have one.
Q What is your virife's name?
A Elizabeth.
Q What is your son's l\ame?
A Daniel.
Q How old is your son?..
A He will b~21 in May.
Q.Did you always live at the Dallas Street address?
A No.I lived there for 17 years now.
Q v'\rhere did you live immediately prior to that?
A Before I lived there I lived on 207 Level Street,Bentleyville,
Pennsylvania.
4
Q
A
Q
How long?
About off hand,a couple of years.
When did you mo.ve To Dallas Street?Approximately what
date?
!
t.·
----~~--~------~__r_-~__
5
A In 1956.I bought a home down there.
Q You have lived in the same house since 1956?
A·Yes sir.
Q Were you the neighbors of Andrew Madliak,Sr.and Mary
Madliak?
J
A
Q
A
Q
A
Q
A
Q
A
Q
We weren,'t next door neighbors.We were one house apart.
This was on Dallas Street?
Yes.
Your friendship started in about 1956,when you moved in?
Yes.
When did you first meet Andrew Madliak,Sr.and Mary
Madliak?
Actually I didn't really meet them that early,because I was
working on my house.I seen him passing by going to town,and
he didn't have much to say until one day I was in the yard.He
was in his yard;:He yelled up to me that he didn't like the color
I was painting my house.I was painting my house because it wa
an ugly shingle.I was painting it yellow to cover it.I took it
as a joke.
Did you meet them by themselves or did you meet them through
Andrew Madliak,Jr.?
No,I met them by myself.
Did you know Andrew,Jr.,at that time?
A
Q
A
Q
A
Q
e A
Q
A
Q
A
A I knew Andrew,Jr.before I met his father and mother.
Q.Was he living at home at that time in 1956 or 1957?
A Who?
Q When you met them,was Andrew Madliak,'Jr.,living with
his parents at that time?
No.
Was Andrew,Sr.,working at the time of meeting with him?
No,he was on pension.
'He was retired?
Yes.
Where specifically were Andrew,Sr.and Mary living at the
time of your meeting?
112 Dallas Street.
Which was right next door'to you house?
A house away from mine.
,How would you characterize the condition of their home?
I would say it isn't a big home,and he was a very clean man,
'so was she.She was a very clean woman.And their house
was actually for an old house in good shape.They kept it
clean.,The yard and everything.
Q 'Approximately what age were they when you met them?
A They were'in'their late sixties,if I am not mistakened.
Q And it was around 1956 ?
A Yes.
6
A
Q
A
Q
A
Q
A
Q
A
After you met them,did you become social friends with them?
Well,just like I said,I didn't have much to say,because I
was always working onthe house.I actually didn't know him unti
one day I saw Andy,Jr.coming down,and I looked at Andy,Jr.
and said,What are you doing down here?I am going to see my
father.Because you see Madliak and Mudluck,young Andy,Jr.
calls himself Madliak and Andy,Sr.calls himself Mudluck.
Of course,the same name with a different tone on the name.
It was Mudluck and Madliak that's what made me quite con-
fused,and when I saw Andy,.Jr.and asked him what he was
doing down here.I am going to see my father.I said who?
He said Andy.It kind of shocked me.
Could you characterize the physical condition of Andy,Sr.
at the tirr~e you met him in 1956?
I would say that he was in good shape until he fell down and
broke his hip.
Do you know when he fell down and broke his hip?
No,I couldn't tell you exactly.
Could you characterize your conversations with him?
..
Was he iIi good mental and physical condition?
Yes.
Would you characterize him as a typical 65 or 66 year old
retired person?
I would say the man in memory,he had a good memory.He
had one of the best memories I could say for a man of his age.
7
Q
His memJry <iways was good from there on.
Were Andrew.Sr.,and Mary able to get out of their home and
travel at the time you met them?
8
A ,Yes.of course they were up in age.
Q Did either of them drive?
A No.
Q How did they get around ordinarily?
A I couldnIt tell you how they got around before I got there.
I had the care,he was always going up town shopping.
.Of course,he passed my house when he went up town and if
I had any chance.I would give him a ride up.He appreciated
it very much.He never came out and said he wanted a rid~;Uhe
was that kind,-6f man.
Q
A
Q
A
Q
Did people come down and visit the~ah their home that
you knew of?
What do you mean?
Did visitors arrive at Madliak's ho:ne to visit?
Yes there were people neighbors.Hrutkays use to come
down,people from Washington that were related to them,
they use to come down.Other-.;p~;~p~eearound the neighbor-
hood use to talk with them.
From your view of them in 1956.cc·uld you give me any kind
or could you characterize their finc.ncial condition?
A
Q
A
Q
A
Q
I didnIt know anything about their financial condition.
"
Did they ever speak to you ab~~t'any financial problems
at all ?'.,
He didnIt come out with anything.I never asked him nothing
until later in 1963.Then I never asked him anything.He
never said nothing to me,but he did ask me to give him a
hand.I said I would be glad to help you when I get a chance
because I was working in the mine and working on my house.
He wanted me to do little odds and ends.
This is about when?
In 1963.
In April of 1963,Andrew,.Sr.,broke his hip would you
remembe~specifically any of the details?
9
A No,I knew he was'in a home.
Q His home,is that corr.ect?
A In a county home to take care of him.
Q.Did you take him to the Brownsville Hospital when he broke
~~is hip?
A
Q
A
Q
I am not sure.
Do you have any idea when he returned home after he broke
his hip?
I couldnIt recall.
W'hen he returned home,was he capable of walking?
A
Q
A
Was he ambulatory?
He was in bed,that's all I know.Like I said,I didnIt have much
to say or to do with him right there and then.It was mostly
up to my wife.She,was called down.
At that time,did Mary take care of him?
She was taking care of him the best she could.
Then they called my wife to come c.own to help him up and
down out ::tf bed.
10
Q It was your opinion that Mary could not take care of him?
A 'Her age was getting her down.,She couldn't see well.
They asked my ~ife to do the chores.Then young Andy and his
wife asked us to go down and help him up and down.
Q
A
Q
A
In Aprii of 1963 when Andy,Sr.came home,did he or Mary ask
you to come 'down and help,him?
Yes,he did ask me.I told him I would help him as much as I
Could.I vras busy.
,Did Andy,Jr.ask you to help his p3.rents?
He said how about doing me a favor?How about helping by
~ooking in on my people.I said your dad already asked me.
rsaidiI;wO-J.ld help him.I even asked young Andy are you going
to give us a hand.He said yes.Just one of them things I
didn't have much to say about.
II
Q How did you help Andrew,Sr.and Mary?
A
Q
A
Q
A
Q
A
Q
A
Q
A
Well,as time went on,I did the lawn.
In 1963 how did you::originally get in the situation of helping
them?
By the yard.He couldn't get around.His grass needed cut,his
hedges needed cut.and of course,there was a problem
because every time there was a flood.he would get flooded out.
I started helping him getting old dirt from people to fill that.
bank in,and we filled the bank ,in pretty good.When the flood
did come,I calle'd his son up and told him he was flooded out.
I had to lift his refrigerator up.and his son wouldn't come down.
He'said I'm not getting flooded out.
Did you provide theI!!transpor1ation at that time?
I took him where !J.e had to go.
You provided specific transportation in your vehicle to some
place else?
I had an old truck.He loved to ride in a truck.I would help
him in the truck.As a matter of fact.he liked the truck
better than the car.
Would your wife provide any help for Andy,Sr.and Mary?
My wife,yes she helped out a good bit.If there was things
to he done,she would do it.
What did she do?,
Housework that needed done.She even came out in the
garde~to giv'e us a hand while the old people sat there and
I11 .
watched us because they couldn't do garden work.I
made sure he didn't do much to overdo himself.
12
'.
Q
A
Q
A
Q
Did Andy,Jr.,help his parents at this time?
,I hate to say it,but no he didn't.
Did he visit them?
He would visit,but it would be a short visit.
What was Mary's Condition at the time of the accident of...
her husband with the broken hip of 1963?What was her
physicial condition?
A It actually wasnIt real bad.
Q Do you have any idea how old she was at that time?
A She was in her sixties.
Q What about her eyes?
A ',She had a hard time seeing.We took her to the doctors.
I travelled back and forth to Pittsburgh.
Q Could you characterize her mental condition at that time?
A 'She was c..lert at all times.They both were.
Q At the time of the damage to Andy,Sr.IS hip,could you
tell me how much time it took out of your schedule for you and
your wife to help out with the tasks of Mary Madliak?
A
Q
By the day since it all happened?
What I am looking for is how much time was involved in you
doing their work?
A.I couldn't tell you right off how much time,but it was running
up and down.I ;"ould go down and do chores,then I would
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
come hone,because I worked for a funeral director,and I wnuld
have to go on a call.When I came back,I usually went down
put my time in down there,and did my own home work.I
would put a lot of time in,§-s'}~§(§~1:1y in the summer.He believec
in gardening.He believed in the lawn being cut,hedges trimmed
and there was the painting of the house and odds and ends.
So from the period of 1963 on,you continued to do chores for the
Madliaks,Sr.,is that correct?
I sure have
And that existed until when?
Until they died.Until both of them passed away.I constantly
was just doing their work for them,when he asked me to.
Would you say that the amount of work involved increased from
the period 1963 until the time they died?
Well,I w::mld actually say it got harder on me,because they
were getting older.He couldn't do what he would before.
It took more of vour time to do the chores?J ,.
Yes.Winter time I had to do all the shoveling.
Were you and your wife asked t,o help by Mary and Andy?
Yes.
Did this happen once in 1963 and you just continued?
No,they asked us a couple of times.Like I said,we were
busy on my home,we got to helping them and that's...
Was this intende~to be a friendship relationship?
13
A
Were you paid for this?
Well,he was telling me his son comes down when he does
the lawn,he charges $5.00 to cut the grass,and $5.00 for
raking it.
Q .Who is he?
A Mr.and :Mrs.Madliak said Andy,Jr.charged them.
Q Were you paid for doing the services you rendered?
A Right off start,he hadn't given me nothing until later on
he talked to me.He said he was going to sign the will on
me.
14
A
Q
A
Q
A
Q
A
Did you specifica'lly get an amount of money from him such as
$5.00 a week or $10.00 a week,or something like this ever?
No,because I told him I would give him a hand when he needed
until it went on about a year.
What happened at that time?
At that time,he came out and said he wants to pay me.He
said you worked here all year and you haven't taken one penny.
I told him,I told you I was going to help you.
This was about when?
About 1964 or something like that.
About a year after,you originally started to work for them;'
who paid you?
Well,Mr.and Mrs.Madliak.They called me down the house.
r wondered what they wanted,we were sitting in the livingroom,
and I come in and they sent my wife after me and I come down.
Q
A
I said,what do you want Andy?H~said I want to talk with
you.You work one year now and you don't take nothing.
I said,well,I told you I would hel?you.I want to give you
something.Ltooked::at~himand soiled.He had wine.He
gave me a glass,which I didn't drink that much,but I just
drank it to be sociable because he was a nice fellow.Then
he looked at his wife and said,go iliead studda,that is a Slovak
name,w~1.ich means old lady.He said go ahead get.She went
down and she came back in the rocm.He gave me $1,000.00.
He said,this is yours.I said,I con't want it Andy.He said,
you worked here for one year every day,you cut my grass,you
did everything I couldn't do better job myself,and he was
particular.I didn1t want to accept that $1,000.00.He said
you need this money Mike,you worked one year,you never
say no to me and he insisted on my taking it and she insisted.
She even gave me a kiss,so did he.And that was the only mone.
he actually gave me outright.
As of 1964?
1964 and on.He didn't give me me,ney outright after that.He
mentioned about the Will.
15
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
You told me that he called her a Sbvak name,is that
correct ?
Yes.
Did you speak English to ri~s ::wife??;
Yes
Did he speak superb English?Would you characterize his
English?
The same as any other foreigner,they don't have the English
we do.
Would you hav:e irouble at all ever eommunicating wit~1.him?
Very seldom.
Did you have any trouble communL~atingwith Mary?
No,she would talk to me and I understood a good bit of which
she had to say in Slovak.
Do you speak Slovak?
I could say different words.I could talk to them.I am not
a Slovak,I am a Croatian.I understand a little bit of
different languages.
So that the maj ority of conversaticns would be in English,is
that correct?
Well,she talked in Slovak a good bit,and she talked to me in
English.There was days when WE would joke around in English
and some days we would joke around in Slovak.I go:a wife
that is Slovak and I understand her,and I understood her mother
16
Q
A
Q
A
Q
A
Q
A
Q
A
Q
So you understood Slovak so that you could communicate with
Mary in Slovak?
I could understand it enough to make it out in what they were
saying.I mean,I am not that good in speaking Slovak,but
there was no way at all anybody could say I couldn't commun~cate
with each other.If he said in Slovak,I understood htm.If $l.e
spoke in Slovak,I could understand her.If they said in American,
I understood them,because them two languages we spoke we
understood each other.
So as of when did you receive the $1,000.OO?Specifically
what date?
One year.because he had a good memory.I didn It keep tract
of it.He came right out and said it was one year you working
down here.
So it wouH have been in April of 1964?
I believe so.
Did Andy,Sr.and Mary have any visitors during the time of
his recuperation from the broken hip in 1963?
Neighbors.
Could yo"a tell me specific names of who would come to visit?
Their neighbors down there Zumpetta was down ther,Mus catell
and Dorothy Kotcher.
Did any of these three people you just mentioned ever help
Madliak aut?
17
A
Q
A
Q
A
Q
A
Q
Q
A
Q
A
Q
Do the chores for them as you and your wife did?
Not that·r could recall,of course,now they might of took some
food down to them like on the holiday or something.There is
a possible chance they might have taken cookies down.:.':;I:
So if chores were done for Mary Madl1ak and Andy,Sr.,
you and your wife did them,or Andy,Sr.and Mary would
do them,is that correct?
It was between us four.
You four did most of the chores?
Yes.
Did Andrew,Jr.and his wife come to see Andrew,Sr.and
Mary during the period of 1963-l964?
Yes.
They did?
That's when Mr.Madliak asked his daughter-in-law,he says
he was in ihis home and paid $600.00 a month for being there
he told her.I tell you what,I give you the sam~price paid at
,.
that home if.you take care of me.And that is when she turned
him down.She said I am not going to be a slave to nobody.
•
How was that related to you?
Vilhat do you mean?
Did you hear that conversation?
I certainly did.I was bmthe front porch.
Did you not just testify that was in a home?
18
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
In his home.
Could you characterize how often Andy and Helen came to see
his parents?
At the time I was taking care of them people,I would say the
most time they were ever down there would be about ten times
that I know of."..
After 1963,could characterize for us how often other people
would come to see them?
No,I could not.That's a long time ago,and I donrt know about
the neighbors,·I mean neighbors cut hedges,they got trees.I
didn't see if they went down.I didn't actually watch for anyone
going down unless,I would be sitting on my back porch,which
was not far from there.I·couldn't see who went down.
In this time,1964 now,could you give us any more indication
of how much more time it was taking to do Andy,Sr.rs chores?
About the same time,I would do little by little.I would get
my chores done as they needed done.
They included what?
Everything,Everything tlrat~nee:aed;done.
That included what?
Anything that needed done inside the house and everything that
needed d:::me outside the house.Some days I did work for a
few hours,some days longer.Some days maybe not as long,
because I had to work too.I couldn't give them all of my
twenty-four hours.
Out of the twenty-four hours,could you give us any indication
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
of how long did you spend down there?
An average of about 6 1/2 hours a day,if not more.
During the time you were doing chores with for them,did you
speak with them?
Yes.
Did you become"very good friends with them?
I would say that I did.
Did they tell you about all their problems?
No,I never would ask him about them."Whenever he wanted to
tell me something,he told me.
But,he did tell you of them?
He started little by little until later on he got deeper into
it.
What would you talk about?
H2 talked mostly about his son.Why he couldn't understand how
much he gave his son,and his son didnIt want to take care of
him.
Do you know that at that time of any reason why"Andy,Jr."could
not take care of his parents?
No reason at all.Anybody who has respect for their parents
should have some respect for them to come and see them and
do something for them.
Aside from respect was there any other reason why Andy,Jr.
could not take care of them?
20
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
No,I couldn't see it,because he had just as much time as
anybody else,even more.
Later turn to 1965 around there.You have been working for the
Madliaks now for two years since 1963,what could you say is the
physical condition for both of them?After he recovered from a
broken hip c..round 1965?
About 1965?
Yes,was he capable of walking?
He was getting around.
Did you still transport him places?
Yes sir.
Whee did you transport them to?
Any place he wanted to go.
What would that consist of?
Shopping,taking him down the bank.
Where.
Charleroi,he liked to ride.I would take him for a ride.He
like to go in a truck.I never turned him down.
D~d anything happen to Andy,Sr.in 1965 that you knew Df?
Any physica.l problems that he had other than re"covery :rom
a broken hip?
There were days he was'not feeling good same as anyone else.
Like a cold or something.
Did you ever take him to the doctors during 1965,that you
remember?
21
A
Q
A
Q
A
Q
A
Q
I cannot recall.
lVlaybe I could help you with your memory?
In February of 1965,Andy,Sr.,was admitted to Brownsville
Hospital,again.did you take him?
I believe we did with the ambulance.
Do you have any idea what for?
A stroke.
After he returned from Brownsville,where did he go upon
his return?
Washington Hospital,no at was Brovmsville Hospital.
After he returnedliom.e,was his physical condition impaired in
1965 ?
22
A I would say it was fair.
Q After the time he was discharged from the hospital again,could
he get up and walk around?
AYes,he was pretty strong.
Q Did he go out?
;,Would you take him places then?
AYes,I would help him in the car or the truck.
q What would you say about his mental condition at that Lme?
A If was clear.He was alert.
Q How about Maryf s condition at that time in 1965?
A She was pretty good shape except she had Parkinsonfs disease,
and she would shake and her eyes.
Q Did she have trouble seeing?
----------~---.----
23
A Yes she did.
Q Her physical condition you would say was pretty good?
A I would say pretty fair.
Q Did she get out?
A vr e took them all for a ride.
Q In 1965,did Andy,Jr.,spend any ti:ne with his parent::;.
A Ee would come and go.
Q Did anybody else visit the Madliaks at that time?
A Ne.'fgkbors.
Q Characterize who?
A H[!ep~~um~ett~'11@~~d to come down and sit with us.Dorothy
Kotcher use to come down to talk to Mr.and Mrs.Madliak.
Mrs.Hrutkay use to come up.She is an elderly lady.
Q
A
Q
A
Q
A
Q
A
In 1965,would you characterize the :Nladliaks as shutins?
How do you put that?I took them out any chance,whec'w'~\had to
go or when they wanted to go.
D id th:eyq~1a:rtttto;gc9?
Yes,they were glad to go.He would even ask me,you think we
go for a ride today.:_I~said yes Andy.I gave him a certain
tinle,in about an hours time we wou~d go.
You,'would go out?
Yes.
How often?
Quite often
24
A
Q
Q
Q
A
Did anyone else that you knew of take them out on trips?
No.
How would you characterize your relationship with them as of
1965,was it getting doser?
I would say it was he got to like me Dore.·She wastoD.
Vi"rhat would yuu characterize as to work load in regard to Andy,
Sr.and Mary at that time?Where the number of jobs increasing?
A The chores was getting more.There was a lot Of work to be donE.
Trees needed cut,a lot of trees,had to clean up and cut down.
Q In 1965,did Andy give you any more money than the $1,000.OO?
A Ko sir.
Q Did he ever discuss with you any financial things?
A No,he asked if I needed any,and I Eaid no Andy.
Q Did you take him to the bank?
A I believe I did.I cannot recall,because it has been quite a while.
I always took'him.
Q Did Andy,Sr.,·talk to you about his personal affairs in 1965?
A .-Yes,he started to get deeper into them.
Q Vihcft did he tell you?'.
A He told me he ·had money.He never did say how much,and
I never asked him how much.It was none of my business.He
says that he like to sign the Will on m~.Well~I says Andy,
you don't have to do it.He says he wanted to give it.He
says he wanted to give it to me as a gift and for working for
~~itn the way you have been doing.
25
Was anybody present?
Me,him,his wife and my wife.
No outside person?
Not right off hand,no.
Was a Will drawn for Andy,Sr.in 1965?
Yes.
Who did it name?
It named me.
Who drew the Will ?
Jess Costa,Mr.Costa~
.Who contacted Mr.Costa to draw the "V ill ?
I believe we did.But,I wasnIt around when that Will was drawn.
You were not around?
No
Who would have been there when it was drawn?
I believe,my wife.I wasn't there,I couldn't tell you who was
there off hand.
Q Was there a "Vill drawn for Mary Madliak that year?
You just testified that Andy Madliak drew up a Will.
Q
A
Q
A
Q
A
Q
A
Q
A
Q
·AeQ
A
Q
A
A
Q
A
Q
.\
The Will at that time was from both of them to me.
The Will was from Andy,Sr.,and Mary to you?
Yes.
Did they have any prior Wills that you knew of?
In other words,were they changing a prior Will by giving their
worldly belongings to you?
A Well,it was suppose to be on their name,and I couldn't recall
if it was on young Andy or not,becauEe I was working when the
Will was drawn.
26
Q Do you know who witnessed this Will?
A No.I wasn't there.
Q Where was the Will kept?
kept
A They alwaYsl/it.
Q Did you'know where it was?
A I ddn't interfere with none of their financial business or their
Wills or anything.The man just went with me.I didn't
question him about(h0thing~"=")I did what he wanted.~J"._,'
Q Did you ever question what he wanted to do?
A Yes.
Q Did you ever object to the fact that And:"Sr.and Mary were givin
all their worldly belongings to you?
A Well,they brought it up.They said that it was a gift and for work·g.
They said I put a lot of hours in down(r~jand he did bring it
up to his son.They told his son.His Eon looked at me and said,
well he is working for you,he should have it.
Q Was anyone else present other tlia.!'i2)You '?
Who was present at that conversation?
A Mr.Madliak,Mrs.Madliak and I was there,and I am not
exactly sure if my wife was there.Andy,.Jr.,was there.
Q
A
When was that conversation?
Right when the Will was,1965 I believe.
27
Q In 1965 at the time the Will was drawn,could you characterize
Andy,Sr.'s physicial condition for us?
AYes,he was in a good state of mind.
Q Physical condition?
A It was good..After all the trouble he went through he turned out
to be pretty good.He was a powerful man.
Q What trouble did he go through?
A He went through that hip.It healed up for him.He was a pretty
f)'owerful man.
Q Could you characterize his mental condition?
A His mental condition was perfect.You couldn't·get anything out
of him nobody,I don't care what you tried.He knew dovm to brass
tacks.
Q What did he know?
A He knew things.There "Yasn't anything wrong with him.
Q Could you characterize Mary's physical condition?
A It was the same.
Q She had at this time glaucoma?
A She couldn't s~e.She could see.Well,she had difficulty seeing.
She wasn'~blin.9.,it just took her a long time to see something,
and we had to hold her when she walked.
Q
A
About her mental state?
It was good.It was perfect.
Q You say you contacted Mr.Costa to have the Will drafted?
A Yes.
Q Do you have any specific date when this occurred?
A No sir.
Q At that time in 1965,Andy and ivIary were still getting out?You
were still ta~-{ing them places?
A Yes.
Q Let's turn to 1967,could you characterize your relationship with
the Madliak 81'.1S at that time?
A It was great.Of course,he got to like me and she got to like me,
and I did their chores for them.Like I said,it was just more
like a family affair.'When holidays came around,they came
over to eat.
Q Like a family affair?
A I would say it was like a family affair,because we were with
them since 1963.We actually got in touch with them to get
together like that sin,ce 1963.
Q Would you have any idea at this time how old either one of them
were?
A I guess he was in his late sixties then,or I think he would be in hiE
seventies.I cannot remember right now.
Q 'How would you characterize his physical condition in 1967?
A Good.
Q For the whole year?
A Yes,I would say it \vas pretty good.
Q What about his mental condition?
28
29
Q During 1967 it was?
A Yes.
Q Hbvrabout Mary's other than the Parkinson's disease and blindnesl:,
was there anything else physically wrong with her?
A No,not that I know of.
Q Did you take him places in 1967?
A Yes,I took them every place they wanted to gol
Q Where specifically did that include?
A I wouldn't know.We would go for a ride.
Q Did you still go for rides?
A I took her to the eye doctor in 1967.I actually got a book at home
in which I have everything marked.I couldn't tell you right off
hand.
Q Did the amount of time you spent down there"increase?Would you
say?
A My time has been going on pretty steady.
Q Could you characterize how much time?
A I would say about the same,maZybe more in 1967 than before.
Q Did people still come down to visit?
A Yes.people around the neighborhood.
Q How often?
A Not that often.Whenever they felt like it.
Q It was getting harder to visit them?
A No,I couldn't see any reason for it getting harder
Q Would you characterize yourself as spending more time down there
in 1967?
,3D
A I had more time for myself.
Q W'ere you retired in 1967?
A No,I wish I was.
Q Why did you have more time for yourself?
A My house is pretty near finished,whe.t I had to do.I had a little
more time.
Q Did you spend that extra time down at the Madliaks?
A Yes..
Q Wtat did you do?
A The same thing I have been doing.Working and talking :0 them.
Q What did you talk about?
A Different things.He use to talk about long time ago when he was it
old country.Old time stories and so did she.Talking and laughing.
There was never a dull moment down there.
Q Die you just go down and if you didn't have anything to do,just
to talk to them.
A Oh yes.
Q You enjoyed talking to them?You enjoyed that?
A Yes,I enjoy talking to all old people
Q Were you ever there when people came to "isit them?
A 'Sometimes,it was like I said,I didn't see everyone that went down
thel'e.A lot of them went down,I couldn't see them.I wasn't
going to sit by the door and look at who was going down.It was
none of my business.But,of cour~e,if somebody came down or
if he wanted something,he would let me know.
Q Did he call you on the phone?
31
A No,he didn't have a phone.
Q How would he get in touch with you?
A If somebody would be in the yard,he would yell up.One way or
the other,I mean,we always got 'in contact.
~
Q Where exactly did you take him during the period in 196';?When
you transported him around?
A We would go out to the water dam out through the country circle up
around and came out by Mine 60,and down through Cokeburg.
Q One of the things you helped Andy,Sr.and Mary do was to trans-
port them into the bank in Charleroi,is that correct?
A Yes.
Q When did yO'J.start taking them?Would that have extenc.ed back
to 1964?
A I believe it was.
Q Did they ever discuss their financial situation with you?
A He just said he would like to go down the bank to put money in.I
didn't ask him how much?
Q Did you know where he got the money?
A No,it was none of my business.I didn1t get involved.
Q Did he ever tell you where he got his money or how he got it?
A He mentioned he gets a pension.
Q You think,you testified earlier in the hearing that you discussed
at the time you were drawing the Will that he was in fairly good
financial condition..""!'
Qe-
32
At the time the -Will was drawn in 1965,I think you previously
testified that nedold you that his financial situ~::ion was fairly gooe ?
Is that correct?
A He never talked.-He said he had some money.
Q Did Andy,Sr.,ever send you to the bank alone,like to cash checks
for him?
A Nco.
Q Did Mary always go with you or Andy,Sr?
A No,They cashed their own checks.
Q You always took them to the bank to get them?
A Yes,I didn't have notl1irig:toJ<do wit1j~t~EitciIi~~Q.9ia(p'O~i!~C)ll:,~)
Q Wcould they get money when Andy was ambulatory with the hip
injury,would Mary go to the bank?
A His checks would come right to the honse.
Q His checks,but checks are not physical cash,h·)w did he get
money to use?
A He had money,they always saved mon~y at the home.
When lie:~got grdmeYi '4:er would take it down to the-bank.
Q He wouHl.ta-ke cash to the bank?Where did he get the cash to
take?
A He cashed hiB checks,the same as everybody else.
Q How did he cash them?
A Naturally,he had to take them to the b3.nk.I wO-lld take ~~im
shopping,and he would get his check cashed.
1---1.1-1
.,----------n------------------------------------r--,
33
Q As time went on,did Mary and Andy,Sr.,discuss their
financial situattion with you.in 1966.
A Very little.
Q But,did you know they had an account in Mellon Bank in Char1erd ~
A Yes,I use to take him down.
-Q You.'assumed since they were going to the bank that the:{had an
account?
A Yes,he told me.
Q Did you know ~he details of that account?
A I.didn't know what he had,until the me·ney was signed over on me.
Q How often did they go to the bank?
A That is a hard thing to tell sometimes he didn't go
for a while,and sometimes he would go in a short time4
Q I~at type of financial.arrangeme~ts did the.Madliaks
have when you took them to the bank in Charlero~?Did
Andy ever give you checks to cash,and you would return
the money to them.
A ITo •.
Bank acc.ount?
A A specific date?
Q lio.
A ~hat was in 1967.
Q Any idea what particular date?
A About April.
Q Oould you characterize Andy's physical condition at tha.
time?
A It was good mentally and physically.
Q Did they tell you that they were going to add your
name to their bank account?
A Yes.
Q Did they give you a reason why?
A Yes,for a gift and for working all the time for him.
They·aHp:I'eciated my working d.own there for them.
Q D~~y~~i~P t~r~he bank with him on that particular day
to sign something?Who was.present in the bank when
they signed the cont~act?
A Mr.Morrow.
Q Was this done in any way so that you could cash checks
for'them instead of them going to the bank?
A Nohen he did this,he said that in case I needed the
money,I could get the money anytime I~wanted.He
said I could draw it.
EXAMINATION OF MR.HUDOCK BY
MR.KEtLER
Q Did he have the advice of a lawyer when he did this so
far as you know?
A ~hat I couldn't tell you.
Q Did anybody in your presence,that is you,or the banke
or anyone explain to Mr.and Mr~.I"Iadliak that by putti
your name on the account that you could take the money
o~t of the account?
A Yes.Q:w~o explained that?
A Ml".~1orrow.
34
35
Q What did Mr.Morrow say?
A 1.couldn't tell you exactly,but he explained everythin p
to Mr.Madliak and Mr.Madliak knew what he was doing
•
Q
A.
Q
A
Q
A
Q
You ,arB telling us that Mr.Madliak intended at that time
to turn over all of his life savings to you?
H:e did yes.
To you at that particular time?
Well,he turned over the bank book to me.It bad Mr.
and Mrs.Madliak's name or Mike Hudock.
The question is Mr.HUdoc~,~did he intend to make the
gift to you at that time.,or was this something that
you were to participate in after he and his wife were
gone?
No,he says,he put it that he WaS doing this a~d I WaS;
to take Care of it•.This is for working for me and the
gift.
In other wares,he put your name on there for past
services you performed,and in addition you were to
take care of him for the rest of his life?
A Yep.
Q Were you to take care of Mrs.,~Hud:bck?
A We were to take care of both of them.
Q What do you mean to take Care of them?
A vlatch over them,do the work like we have been doing
all these years.
Q Now by all these years,you mean beginning when and
ending with ~he death of Mrs.Madliak in 1969?
A Beginning in 1963 when we startedto take care of them
by going down there,until both of their deaths in 1969'
,-.....",..~'1
3E
Q You earlier testified that he said befor~you went
to the bank that he was going to put your~name::;~m·:·.the
account,is that correct?
A Yes,him and her both told me that.
That I couldntt tell you.iIt has been sometime.I jus
cannot tell.you what time it was.
Did they tell you that day on the way into the bank tha
they were going to make the change on the account.
Yes,that is why I went down.
Q
A
Q When did they do this?When did they tell you?
A.Well,as time went by,I was taking care of them.
Q.Did .they say this once,or more than once?
A They said more than once.
Q Can you tell us the time and places where they said
it?
A Down there home,1.cannot tell you what time.
Q Was there anybody else present other than you or YOU1'
and your wife?
A From what I hear they told other people what they were
going to do.I dori1~know,that is just hearsay.
Q So as far as you know no one else was ever present
when the~said this?
A When they said it to me,I was by myself,and me and
my wife together.
Q The day you went down to the bank,could that have been
in July of 1967?
A Yes.
Q What time of the day did you go to the bank?
1..
37
Q That was the reason for the trip that day?Is that
correct?
A From what he put it,yes.
Q D~d you know that he had taken his son!$name off the
account at an earlier time?
A
A
A
Q
Q
Q
Q
A
Q
A
Q
A
Q
A
Yes,because his son knew it.They told their son.
Die.you knm'l it?
Well,he just or he told me.
That's my ~uestion?Did you know he had taken his son's
name off the account at an earlier time?
I didn't know exactly.I didn't see it.
Did Mr.or Mrs.Madliak tell that they had taken his
name off?
They ha~sp~ken that they.were not going to give him on
~ccount of him not doing no~hing.They said I was doint
the work down here and that they would give it to me.
They never specifically told you that they had taken
~is name off the account?
fhey might have,they might have not.
You h~d.seen the bank book hadn't you?
Yes.
~hat bank book clearly carried only the names of
Mr.Madliak and Mary,uidn't it?
~~.Madliak and 11rs.Madliak.
So,you knew that theirs was the only names on the
~ccount in July of 1967?Is that correct?
A Yes.
Q You also knew at that time that what they had in the
bank represented their entire life savings other than
their home?
38
A Yes,I figured that.
Q At the bank,there was only this one banker who was
present,Mr.Morrow,during the course of this trans-
action?
--A I.~as there and it had been witnessed by another woman,
a clerk that worked in the bank,I th:ink'~1\1ildre':i,'ff '1
am not mistaken.
Q It was all explained to Mr.Madliak so he would underst nd
the situation?Did he speak and understand English
~le9.rly?
A
Q
A
Q
A.
Q
Yes he did.
Jid he speak in a foreign tongue.
"les,
Vas that his usual method of communication to his wife?
:n Slovak,at allt4mes?
I would say yes,his being a foreigner,I mean,t.wo.
foreigners together.Same as me and my family~
Did he read English?"Did.·h~read-Slovak?How about
•---..~'_-_~#.J'--..__~-~--....-...-_._~._,/,"
~rs.Madliak did sAa,-id9'~t~h~p~nte?
A She would the same,but she was hard on seeing.It
would take her longer.
Q Would she speak ~rlmarily in Slovak?
A She spoke a good bit in Slovak.
Q N::>w the explanation which was made to her at the bank,
was it made in Slovak or English?
A That I cannot tell you.I.forget.
Q Who made the explanation,you or the banker?
A The banker.
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
39
How long did it take him?
I wouldn't know.
Was it the matter of an hour,or a few minutes?
It was more than a few minutes.
Your best recollection?
How long?
I would say that that is a hard thing to do.
Your best recollection?
I would say about 40 minutes.
You testified that he was in strong physical shape and
men~ally at that time,is that correct?
Yes,he was a pretty strong man and·his mind was good.
Who was his family doctor at that time?Mr.Madliak
Well,we would get either Dr,Braun or Dr.Downey.
Dr.Braun was where,out at the Centerville Clikic?
No,he was in Ellsworth.Now,he is at Cokeburg.
Isn't it true that on June 1,Mr.Madliak had a stroke
and was admitted to Washington Hospital?
Yes.
Isn't is true that ·he was discharged from the hospital
on July 5.
I forget what day.
And then,it was only one week after that that you
went in with him to change the bank account on July 12?
I believe.
Isn't is also true that on July 25 he visited the.
Centerville Clinic under circumstances where his behavior
was irrational?
40
A Not that I can recall.
Q Are you denying that that occurred?
A What do you mean by denying?
Q Did it occur or didn't it occur to the bestof your know
A I don't recall.
Q Isn't it true that on July 28,he Was admitted to the
Washington Hospital with a diagnosis of (arterios'cl~J;:osi$:""'"/
and a brain syna.rome of a chrc)nicnattire~'--....----...,,---..----.-----_.-.....-------".~
A He was admitted to the hospital.I didn't know for
what.
Q Do you know what the word chronic means?
A I might have my own opinion of it,but I like to know
what it is.,you
Q Would.junderstandit to be.cDITstanf;~or steady)or of long
standing?
A No.
Q Did Mr.Madliak have a chronic brain difficulty of long
standing at this time?
A Not that I can recall.He had a pretty smart memory.
wasQIsn't it true that on Aug.10,1967,he/admitted to
Torrance State Hospital with a diagnosis of severe
defect of memory?
A He was admitted up there.
Q Why did you take him to Torrance?
A Well,it was up to her,Mrs.Madliak.
Q What ~as the condition that caused you to take him up
there?
41
A They explained to us about him and she told us,well,
maybe we better put him in a hospital.They took him
fro~the hospital up there,because the Welfare would
pay so mgch of it if you transferred him from the hospi al
to there.
Q Who explained that to her?
A That WaS the unders,tanding.
Q Who explained that to her?
A I couldn't tell you.
Q Was it your idea to put him in Torrance?
A No,it wasn't
Q It is true,isn't it that he was tran~erred to Torrance
State Hospital less than a month after he added your
name to the account?
A It is true,he been transferred there,but I didn't hav
anything to do with the transfer,because his wife was
still living.
Q W~o was the dominating person between he and his wife?
Did he conduc~)the business or did she conduct the
business?
A
Q
A
A
Well~I say she had a lot and then his son did do thing •
You mean Andy,Jr?
Yes r--',"-".
He helped them with their family business?
~o,he didn't actually help them with their family
business,when he came down he would try to get certain
things out of them,that they wouldn't give to him and
he might have talked to her about putting him in Torran e.
I
I
42 ,
][couldn Jt tell you:~:;~
'"
Q You and Mh:'s.Hudock did not suggest this,this I
understand?
A,What do you meah?
Q Put him in Torrance.
A I wouldn't say so,I wouldn't want anyone to go up
there.
Q So you say that you and your wife didn't'have anything
to do with his going to Torrance.
A We explained to her what we were told up the hospital
We left it up to her for her opinion of it~
Q Did you drive him up to Torrance?
A No I didn't.
Q How did he get there?
A There was an ambulance there to ~ake them.
Q nid he diewh.iDei in Torrance State Hospital?
A Yes he did.
Q Did you ever talk to him again after he went to Torrarce
State Hospital?
A Certainly I did.
Q On what occasion?
A I went up to see that man quite often.
Q He died in January of 1968,didn't he?
A January 21,1968.
Q So he was a patient up there for about five months?'
A Five or six months.
Q 30w many visits did you make up there?
A I made quite a bit.
Q Gi.ve us to the best of your re~'(i)llection as to how
many?
Did you go once a month?
A I went practically every week,sometimes twice a week.
I got called January 1,when he got sick.My car
didn't start.I worked outside.I called his son up
ana told him.His son said he didn't Care,so I calle<
.wifi'smy/unc e uncle up ..He knew a little bit about a car.
We froze our rear ends.off to fix that car in the nigh
time.Me,my wife's uncle and my brother-in-law went
up there at midnight.When we went up there,he was
a little better by the time we got up-there.
Q Each time you went up there,did you sign in as a
visitor?
A Yes sir.They didn't let you see a man unles~you
43
signed in.That I found out,because Mrs.Madliak,...
my wife and me went up there ~.~.--.W~-~~;'en-met~a friend
one time.It was a relation of theirs,Shamay.
Q Referring now to July 12,1967,when you went·in to
change the bank account,what was the condition of
Mrs.Madliak physically and mentally?
A She was in pretty good condition.
Q Who kept the bank book as between Mr.and Mrs.Madliak?
A I couldn't tell you.
Q Did be take the lead in talking to the banker,or did
she take the lead in talking to the banker or did
you take the lead in talking to the banker?
A No,the only thing I said,I wanted the man to explain
to them what went on.
-
44
Q Who did talk or take the lead in talking to the
banker?
A
Q
Hedid.
In their household as in some old world households,
did he take the·dominate role,was he the boss of his
house?
A Well,I don't know how to explain that.Every marria!pe
or married couple got their ways.
Q As between the two of them,was he a pretty strong
person?
A Yes he was.So was she.I seen'when she said Eomethin€b'
it went,and when he said something,it went.
CONTINUED EXAMINATION OF MR.HUDOCK BY
{\ffi.CROTHERS
Q At the time the s~gnature card was signed in J~ly
12,1967,did you have any idea how much money was in
that account?
A Not until Z"was at the bank with them.
Q He told you at the bank?
A Yes sir.
Q On August Q,1967,Mary Madliak cash a check for $3,OOC ,
d~d you have any idea what she used the money for?
A Yes
Q What?
A Funeral.
Q This was 1967,prior to his death?
A That was he died in 1968.No,I don't.
Q Dit she give it to you?
A No.
Q DiQ Andy,Sr.give it to you?
A No.
Q Di~she give it to any other person?
A I couldn't tell you.
Q Were they at this time still giving money to take
care of them?
A No.
Q They were not giving you money?
A No,they just gave me one time •
.Q They gave you the $1,000.00 that you testified to
earlier?
A Yes.
Q Why did Andy,Sr.not sign any checks that were drawn
on this account?Why was it always Mary Madliak?
A I.couldp.'t tell you.
Q DiQ Andy Madliak go to the bank?
A Yes,he always went to the bank.
Q But,the checks were signed by Mary Madliak is that
correct?
A Maybe that was when he was in the hospital.
Q Andy Madliak,Sr.and Mary Madliak created
the account in which you name was placed on June 8,
1964,and it is your testimony that you took them
to the bank subsequent to 1964?
A Yes I did.
45
Q You took Andy to the bank to cash checks?
A I don't recall,it has been a long time.It is hard
for me to say yes or no.I don't want tv give the
wrong answers.
Q I realize that.
A r:don't want to say that ,I did something that I didn't
do.
Q But,you did take Andy to the bank?.
A Yes,I did.I·trapsported·~.him allover.
Q And it is your testimony that they never gave you any
checks to cash and to return to them?
, A I never cashed any of their checks.
Q Is there any reason that you know of Why Andy,Sr.,
iid not sign any checks?
46
A I.didn't have much to do with their financial business
Q Until July 1~~/1967?
A After things was made over to me,he told me I could
'take it out ~hen I ,vanted.T didn't bother nothing.
"Q pn January 30,1968,after the death of Andy Madliak
immedately subsequent to the death of Andy Madliak,
Mary again wrote a check this time for the amount of
$2,046~76,do you have any idea what she did with that
Doney?
A =believe,that was his funer~l.
Ve Dade arrangements for both funerals right away.
Q Eoth funerals?
A
Q
His and hers.
Did you pay for both funerals at that time?
A Yes we 'did
47
Q Did she give you the money?
A She gave it ~o Mr.Thompson,the funeral directo~~,
who came down and made 'the arrangement about th~
funerals,and I did tell her that I wanted her to have
the same f~neral for the same amount and that's the
only thing I told her.That is the first time I ever
opened my mouth with their business or'any affairs.I
said I wanted you to have the same thing Mr.Madliak
had,and she agreed with it.
Q When did Andy,Sr.die?
A January 21,1968.
, Q Do you know what the Cause of his death was?
A No I didn't,.bec'ause I got called on the phone.I was
going out to see him,then they Called me on the phone
anc said Mr.Madliak passed away.
Q Di&Mary Madliak make funeral arrangements?
A Yes she did,her and her son too.I took her and her
son up with us.
Q Did you take Mary Madliak with you to the funeral home
,'A Yes I did.I even drove around the back,beCause she .·~i.t>
couldn't walk good and she couldn't ~~e.I took her
around the back vlhere it was level.I pulled right
into the-garage.
Q What funeral home?
A Thompson Funeral in Bentleyville.
There was a smart remark about it after the funeral.
He said he could,of buried them cheaper than that.
And I told Mrs.Madliak,it is your money you earned
it and you deserve it.
Q
A
·.f
You testified that the check cashed on January 30,
1968 was for·paymen~of the funerals?
A I believe it was,yes.
Q What was the physical condition of Mary?
A It .was good~but she had to be held to walk.She
was alert
Q On May 29,1968,you cashed a check for $4,915.59 is
that correct?
A That was inheritance money..Mr.Madliak died and
I ~:uierited that.
Q You inherited it?
A Yes
Q How did you inherit it?
Well,it we~t through the Will and everything.I
inherited close to $4,000 some dollars,and that's
when their daughter-in-law came down she showed a
paper.Her daughter-in-law said that I wrote out that
myself just to f!b.cn:Mrs.Madliak.][said,well,][am
not worried about what you say because they Came right
from the Trust Building up here.1.Came up and asked
them for information.I went down the bank and got
the information before I took that check.They said
this is yours Mr.Hudock,beCause you were willed it
from Mr.1IIJadliak
Q Who told you that?
A Down the bank and also up the Trust BUil~~Jg.
Q Where at?
A Inheritance Tax.
48
49
Q
Q
A
A
Q
A
The Mellon Bank in Charleroi?
Yes
Who would have told you this money was yours?
Mr.Morrow.
Whc:did you talk to at the Trust Building?
The lady that takes Care of that.
She took care·of what?
Inheritance Tax.
She told you that the sum of $4,915.·59 was what you
were entitled to.
Yes sir.
How did she come up with that figure?
I don't know.I guess that was what it was.I
couldn't tell you.It was suppose to be 1/3 between
the three of us,from what I understood.•
That was considered 1/3 of the balance of the checking
account,is that correct2
I believe,I don't know how that runs.
Do you have any legal documents stating the inheritanc
tax was paid?
A Yes.
Q
A
Q
A
Q
A
Q
Q D09S this paper indicate that $4,915.59 wad due and ow ng
to you?
A Yes.
Q Dii Mary know :that you cashed that check?
A Yes.
Q How did she know?
A I told her.
50
Q Where was she at the time you told her?
A She was at home.
Q An~one else present at that time?
A Her daughter-in-law and son came down.
Q At that time you told them that you cashed the check?
A That's when I told it.That is when her daughter-in-
law blew her stac.k and she threatened to burn the
house down.
Q What did Mary say?
A She didn't say anything.She said,is that all you
get?Well,Mrs.Madliak that is from what I under-
stand his name is on it,your name is on it and my
name is one it.I even told her I could cash it and
give it back.She said no,she didn't want it that waVe
Q You testified that Mary knew you were going to cash
check for $4,915.:;59?
A Yes sir.I didn't take it,it was given to me.
Q Out of the account?
A It was given through the inheritance tax.
Q Did she object at all to your taking this money?
A Ne,she was happy about it.
Q What was her physical condition at this'time?What
was her mental condition?
A It WaS good.Mentally too.
Q Was she bed ridden?
A No,she was able to get around.
Q Did you take her out places in May of 1968?
A Yes,she came up the house.On holidays she came up
and ate with us,because her grandchild got married,
--
51
I forget what her name was,and she was disappointed
that they didn 'tinyJte-h.er !~r~t)~~-:we(f~~~_~~
Q Did people still come to visit Nary?
A Yes.
Q Who?
A Neighbors.
Q Wo~ld you say at this point~ou and your wife were
spending a lot of time with Mary because she required
A We always did spend a good bit of time with her.We
didn't let up.I promised them.
Q Was it increasing because of Mary's age?
A I ~romised them that I would take care of them,help
them and do what needed done,and I did.
Q Was the amount of time spent down there increasing
beCause of I"1ary'sage?
A I say it went thesame.It might have _been a little
!.
bit·more or less in a day.
Q What type of things were you doing for Mary at·that til e?
A The same ~ype of things I had been doing.Working in
the Yard and odds and ends,anything.
Q What about your wife?
A Same thing,everything.
Q She cooked ror her?
A I believe she did.
Q Did she clean for Mary?
A I believe she did ,'I'·wasn't alwa.ys there I conldn't
say she did it and"maybe she didn't do it that day.
Q Nhy did you specifically Rick May 29,1968 to cash a
A
check for your portion of the inheritance?
li didn't actually pick it or I was entitled to the
money so I cashed it.
Q Is that the date that they informed you you were
entitled to it?
A No,I got the check,I cashed it.
Q You got what check?
A The inheritance tax check.
Q Is it your testimony that somebody delivered to you a
check for $4,915.59?
A No.
52
Q
A
Q
Q
What was delivered to you?
]:got through the mail what I inherited.
What was delivered to you?
Did you write the check for $4,915.59?
A No.
Q You did not write it?
A I did not write it.
Q Who wrote it?
A I guess the Inheritance.
Q Did you si~thecheck?
A Naturally,to cash it I had to sign it.
Q Where did you sign it?
A I believe,I signed it on the back,if I am not
·mistaken.
Q Where on the back did you sign it?On the front or
the back?
v
A
Q
I believe it was the back.
You signed the check on the back?Is it 'YAH.testimony
53
A
A
A
Q
Q
Q
that the bank sent you a check for ~somebody
sent you a check far $4,915.59,which was your
inheritance and you signed it and cashed it.
I wanted to make sure before I cashed it.
Did you know who sent it to you?
I don't know.
Could Mellon Bank of Charleroi have sent it to you?
I cannot answer that.
In 1968,you testified that Mary's condition,physical
condition was excellent,'@s that correct?
A For her age,it was fair I would.say.
Q Do you recall anything that occurred in that year
A
Q
that might have changed her physical condition?
No.not exactly until she was laid up in the hospital.
What hospital?
A Brownsville,no Washington Hospital.
Q What was the problem?
A I don't recall
Q As of September of 1968,Mary Still lived at home?
A She was as of September of 1968.
Q Wa~}Mary'still living at home in 1968?
A Yes.
Q In September of 1968,did she enter the Golden Age
Nursing Home?
A I don't know what month it was.I know she we~t up
there.
Q Did you know that Mary Madliak had written a s~cond
Will af~er her entrance into the Golden Age Nursing
Home?
A I heard about it the last minute.
Q Did she tell you?
A No,she didn't ex~ctly come out and tell me,
because she was in bad shape.
Q Who told you she had written a second,Will?
A That is what I heard from rumors.When I went up to
see her,she was in bad shape.Whenever I went to see
her she could barely talk.
Q Who told you she had written a second Will,somebody
.must have told you the rumors,who told you?
A A lady that was laying in the next bed who died.What
the lady's name was,I couldn't tell you.She was:
a white lady and she was married to a colored man.
Q Af~er September of 1968,did you visit Mary?
Did you visit Mary at the Golden Age Nursing Home?
A I always visited her.
Q How often?
A A good bit.
Q What would you consider a good bit?
Once a week,twice a week?
A Sometimes three times a week.
Q What was Mary's physical condition?
...
A It was good for while and then it just got bad at one
ti~e.I was surprised.
CONTINUED EXAMINATION OF MR HUDOCK
BY MR.KELLER
54
Q
(~..
You said she went into the Washington Hospital in/
55
1968,was this after she had signed the deed over
to you?
A I believe it was.
Q Why did she go into the hospital?
A I couldn't recall myself.There was quite a bit of
sickness in the house.I couldn't keep tract of every
day or every night.T have it written down,I cannot
remember right off hand.
Q What kind of sickness did she have that put her into
the hospital?
A I c,annot remember.
Q How long did she stay in the hospital?
A She stayed about two or three weeks if I am not mistaklen.
Q Was this for physical difficulties or mind wondering?,
A I just cannot remember.Like I told you,I would be
glad to answer if I knew right off what it was.
Q When she went to Brownsville did she go first t:>the
hospital?
A Yes.
Q Nhy did you put her in the hospital in Brownsville?
It r({as in September that she went to Brownsville,
didn't she,would you say she went first to the hospitcl
0r first to the nursing home?
A I.think she went to the nursing home.
Qj ~as she in the hospital at BRownsville part of the
','?-;lme.
A They put her in the hospital then from tfue hosp~tal
Jhey took her to the nursing home.
Q
A
Did she die while she was at the nursing home?
Yes.
56
Q Why did you take her to the Brownsville Hospital or
the nursing home wherever she went first?
A Well,I could say I wanted to take her up my house.
I.was ·going to build a one room on the ground floor.
She wanted to come up,but there haa been threats
~ade and she was afraid.
Q Nbo made the threats?
A 3er daughter-in-law.
Q Jid you personally hear these threats?
A Yes I did.It is my word against hers,but I did hear
it.
Q
A
Q
A
Q
A
Wha~did she say?
She said she WaS going to burn both houses down.
Mrs.Madliak started to cry.Mrs.Madliak told me,she
said Mike I want you to send me to a home that way she
will not burn the house down.I said well Mrs.Madliak
don't worry about it.
~hen was this threat made?
Eight before she went to the home.
~hat would have been in late August or early Sept.of
1968,where "were ;you and Mrs.Madliak,Jr.when
that threat 'Nas.made?
~e ~ere down herhouse in the bedroom.
Q And you heard her say that?
A I certainly did.That is something that will never
get out of my mind.
57
Q Did she tell you why she was going to burn the house
dov.;°n?
A She was mad because they signed everything over to me
for working down there.She said Andy was the only
sOL.She Said biood was thicker than water.I said
well that blood isn't flowing down here.The water
is doing all the work.
CONTINUED EXAMINATION OF MR.HUDOCK
BY MR.CROTHERS
Q On January 4,1969,you cashed a check for $8,313.15 d d
this terminate the account or what did you do with
the money?
H~said I cashed a check for $8,313.15?
It is a transfer to another savings account is that wh~t
occurred you transferred the balance from the Mellon
Bank account over?
A Yes.
Q Did you have any authority to do such a thing?
A Well,by the book ,by the deaths and the wills and
different things,yes.
Q Did you have a specific Paper from a Court or from
any other so1irce giving you permission to transfer sucll
account?r
A My lawyer.
Q Who was your lawyer?
A Mr.Costa.Mr.Costa was our·lawyer.
Q Mr.Costa told you you could transfer $8,313.15 toyour
account.
58
A Yes sir.
Q Is that the only authority you used for such transfer
A That I know of right now.
Q Did you receive any notification from the'inheritance
tax people as to the date with the prior transfer?
A Well,what do you m~~n by that?
Q You indlcated in your prior testimony that upon the
death of Andy,Sr.you transferred $4,915.59 the sum
you removed that was from the account at Mellon Bank
that had your name on it and Andy,Sr.and Mary Madlia •
You transferred that amount on the authority from some
one from the inheritance tax is that correct?Is
that what you previously testified?
A I Lave taken $4,000 something that was inherited to me
,,Q Did you receive another paper when the transfer of
$8~313.15 was made .by you,which would give you per-
mission to transfer that?
A I couldn't recall.
, Q You have no such Paper that you know of to the best of
your recollection?
A My wife takes Care of my Papers.There is some things
I take care of and some things she takes care of.
I might have.I don't kn0w.
Q You.will testify,however,that you did transfer that
amo~t of money to a second account,.is that correct?
A I guess I did.
Q At this point it is your testimony that Andy,Sr.and
~ary Madliak intended you to have the benefit of the
A
Q
A
Q
A
Q
A
Q
A.
Q
A
59,
entire sum of money in their account?Is that correct
In the Madliak bank account?
When did they intend you to have such amount?
Si~ce they signed things over on me.
You said that at the time your name Was added to the
account,Andy and Mary Madliak intended you to have thE
entire benefit of this account~
They told me I could use it any time I wanted.
Did you use that account?
I have used what I inherited when Mr.Madlidk died.
And you transferred the remainder to your second aCCoult
in your narr.:e?
Yes.
What did you rely on to believe that they intended to
transfer all this money to you?
W.hat do you mean by that?
Did they tell you they were going to transfer it?
Yes.
'When he was living,he told me I could use it while he
was living or after his death.
Q When did he tell you this?
A Well,when he transferred the money over to me
Q Did anybody other than you and he overhear this
conversation?
A His wife,my wife and they told the gentleman from
the bank
Q :nid the gentleman from the bank hear this'?
A He talked to them down there about the transfer.
I~.....JJ...........__....,;",.~
Q Mr.Morrow from the bank indicated the consequences
of such transfer?
A Xes sir.
Q During the time period from 1964 to the death of Mary
Madliak you spent a good bit of time at the Madliak's
home?
A Yes,I did.
Q ~id you consider them to have a nice home?
A Yes.
Q Was it well kept up?
A Yes.
Q What WaS the land situation around it?How large
of a tract did they own?
A It was suppose to "have four lots~
Q Four lots?
A Yes.
Q When did Andy,Sr.and Mary deside to give the house
at 112 Dallas to you and your wife?
A They desided it way before they did do it,and then
whenever he passed away she wanted to hurry up and
give it to me.
Q Di~she indicate any reasons Why you should have the
accouD.;t?
A On account of working for them and as a gift.
Q Did anybod;)'overhear their conversations?
~Her son overheard them.
Q They said that they were going to give the house to
you,when ~id this conversation occur?
60
A When he came down
Q Specifically what date?
61
I
A
Q 'hid-i-e ~dci~i:;:prior to the death of Andy Madliak,Sr.?
A Well,hm heard it when Mr.Madliak was living and after
Mr.Madliak died.He heard it and he said well,he is
working for you,it is up to you.I don't blame
them.
Q Did anyone other than Andy Madliak,Jr.,you,your
wife and the two decedents overhear this conversation?
A Not that I recollect.
Q Why,if the decision was made to transfer the property
to Y0U by Andy,Sr.and Mary was the transfer not done
until after Andy died?
A I cannot tell you.
Q Who prepared the deed?Who wrote the deed up?
A Mr.Costa.
Q Did Mary ask him to do so?
A Yes.
Q Did she call him on the phone and ask him to do so?
A No,she didn't have a phone.
Q How did she get in touch with him?
A We called for Mary.
Q When was the deed prepared?
A In 1968.
Q It was prepared before Andy Madliak died?
A No after he died.
Q Where was the deed prepared?
._-------,-,--------------------------------------------,----
62
A Right down in the home.
Q Did Mr.Costa come to the home?
A Yes.
Q Did Mr.Costa do any counseling to Mary Madliak as to·
the circumstances of her delivering a deed to ;you
of her home?
A Yes,he talked to her.I even had a Paper prepared
that I could not ~~$e her out of the home as long as
she was living.
Who made this up?
A Mr.Costa wrote it out for me,because we eXplained.
it to her.She said she didn't want it that way.We
wanted to make it,out'just to be on the right side •
Q When did the closing take place?
A I couldn't remember,I would have to look at my deed.
Q Would it refresh ;your memory to say that tlte deed was
signed in Jan.31,1968?
A I ~hink it went to the Court House;if I am not
mistaken,I.got the deed at home.
Q Where was it signed?
A I signed it down the house.
Q Where did Mary Madliak sign the deed?
A At home.
Q
A
Q
Who ''las present?
Mr,.Costa I think,I forget.
tell you.
Were you present?
Right out I.couldn't
63
A I believe l~was.
Q And you testified that Mr.Costa was present?
A Yes.
Q Was Andy,Jr.there?
A No.
Q Did Mr.Costa have anyone other them himself there?
A I don't recall.
Q Was the deed witnessed at that time?
A I believe it had to be.
Q About when did this occur?
-What date?
A I would have to check on the deed.I cannot remember
every date.This sure had been a long rememberance.
Q As I stated before,the deed was dated Jan.31,1968,
would the closing have been that day to the best of yo r .
recollection?
A I don't recall or if it was a day after.
Q How much did you pay for the house and lot?
A $500.00.
Q Did you give this to Mary Madliak,the sum of $500.00?
A Yes I did.
Mr.Costa was present.I even got a check.My wife
we~t up to the bank got the check to prove that she
paid•
.~Do you have any idea what the fair market value of
this property was at the time of transfer?
A I don't know,I didn't go into the real estate busines •
Q Was the property ever appraised prior to the purchase?
A No~that I know.
Q How was the figure of $500.00 reached?
A We wanted to give more.She wanted to give it to me
just for $1.00,and I didn't accept it.
Q Who sugessted the sum of $500.00?
A I told her I think I should give you more.She said
no.Just for a $1 •.00 so my son will not get it.
Q Did you suggest the sum of $500.00?
A I didn't saY I did.
Q At the time you paid this money to her,who was
present?
A Mr.Costa was there.
Q Did ~tt.Costa counsel Mary Madliak as to the fact that
the property which she was delivering to you might hav
had a fair market value higher than the consideration?
A I believe he did.I couldn't say far sure.
Q What would you say about the physical condition of
Mary Madliak?
A Good.
Q She was at home?
A Yes.
Q She was alert?
A Yes she was.
Q Was anybody living in the home?
A Yes,she was.
Q At this time,you knew of a Will created by Mary
Madliak in 1966 which would have made you the Leir to
her estate,is that correct?
A You mean the Will that put·over on me?
65
Q In 1965,Mary Madliak wrote a Will,is that correct?
A Yes.
Q Who was the beneficiary of that Will?
A After they put,it was on them too,and then tLey put
it on me.
Q You were the beneficiary of that Will?
A Yes.
Q Can you give us any indication why Mary would ~eed to
you a home in which she was living when by her Will of
1965,you would have received it at death anyhow?
A Yes,she wanted to make sure that I had the house.
Q Mr.Costa would have indicated to her you would get
the house anyhow,why did she deliver the deed to you
prior to her death?
A That is her opinion,I cannot answer that.
Q But,it is your testimony you would have received it av
her death,is that correct?
A By law,I guess I would have everything out right,
but she wanted me to have the house this way.
Q She still deeded the property over to you in January
of 1968?When did Andy,Sr.die?
A January 21,1968.
Q And the property WaS deeded over to you ten days latter
on January 31,1968?
A Yes.
Q Did it not seem strange to you that it was a fairly
short time period between the death of her husJandand
the transfer of all worldly goods?
A
Q
Q
,66
A No,because I worked for them people since 1963.1964
is when it started getting deeper and deeper.They
wanted to give me everything.
Q Why did'Mary Madliak use the anniversary of the death
of her husband to transfer the property to you?
A Because she didn't want her son to have anything.
Q Did you and your wife live in this home ever?
A We stayed there at night,when they weren't feeling
good.
Q After the transfer to you of the home of Mary Madliak
do you still own that home today?
A Yes I do.I pay taxes on it.
Q Do you live in that home?
A I don't live in it.
Q Do you rent it?
A I got my brother-in-law who is taking care of it.
Q Do you have any idea what the fair market value of the
home is today?
Is it worth over $500.00?
A It just depends if you are a big shot you would say no
if you are a poor coal miner,you say maybe it is wort
$500.00.
When you purchased this home was the value worth over
$500~OO to the best of your recollection?
I guess it should be.
It is our understanding that Y~ry Madliak had for year
kept a met2a:.L:..storage box for safe keeping,is that
~orrect?
A Yes.
A You will have to ask my wife that.
Q Were you present?
A I Came up the house and saw the box and ~sked my
wife what is that?She said Mrs.Madliak gave it to
me to hold.
68
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
.-
Q
Die you know what the contents were?
No I didn't.
Do you now know?
I still don't know that.
When Mary went to the Golden Age Nursing Home,did she
·take the box with her?
No.
Who held that box?
I guess my wife,she gave it to my wife.,
Where did she hold that box?
In our house.
When Mary Madliak died,she or your wife continue to
hol:i the box,is that correct?
I guess so.
When was the box turned over to Mr.Costa?
I cannot tell you what day it was.I know I took my
"life up there.
Why was it turned over to Mr.Costa?
Mr.Costa asked for it.
Mr.Costa called up and said.give what was in the box.
Fran the time that Mary Madliak gave the box to you
wife until the time Mr.Costa received the box from
~our wife.~did anyone else have access to it other tha
JOU and your wife?.
.-----------
69
Did Mary JlIlla.dliak have access to the box?
A
Q
S~'1e waSi in the hospital.
Do you know to the best of your recollection if any
one opened that box?
A No,not that I:know of.
Q It was;not opened until.Mr.Costa opened it,is that
correct?
A I c.ou!:<iH't say,I.always Wasn't around that box.
Q At the time of Mary"s death,who held the copy of
Mary's Will executed in 1965?
A What do you mean by who held the copy of?
There were two Wills,the first was executed by Mary
i~1965 giving all right,title,interest and everythi g
!
she owned to you.The second one was executed in
1968 immediately prior to her death.At the time of
aeath,who held the copy of the Will giving you title?
A I did.
Q Where?She gave it to you?
A Yes.
Q You had the executed copy of the Will,the one that wa
signed is that correct?
A ::es.
Q Do you know who the witnesses of the Will were?
A 1.wasn't there.T told you when the Will was made out
•Q
A
Q
I was working.
£f~er Andy,Sr.died what was Mary's physical conditio?
~ould you say she deteriorated,after his death?
]say she deteriorated whenever she died.
After Andy,Sr.'s death,did she require more attentio
from you and your wife?
A I had been going down there all those years,and
I kept on going down to see her.
Q Did you plan to go down more often,because Ane..y had
just died?
A Yes.
70
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
You did go down more often?
Yes,because she needed help.My wife went down and
did everything possible.
To the best of your recollection,would you say that
Mary Madliak at that time could take care 'of herself?
Not exactly.She couldn't.
You would say that she could not take care of herself?
No,her age was getting her and her eyes.
Did your wife go down?
Yes sir.
What did she do when she went down?
I don't know,I wasn't there at all times.
Did you continue to do the things that your ordinarily
did?
Yes,my wife would give her a bath.I would have to
help put her in the bath tub,and I would help take
her out of the bath tub.
You say that both of you helped Mary Madliak?
Yessir.
Die..she cook for her?
Yes.
Did she clean for her?
-1 i
71
A Yes.
Q Would you say to the be~t of your recomliection that
Ma::'y Madliak was -dependent-upoh Yol.Cforcoc¥ing?)~~....~_.~.....-_.'~,-",,--~--'------.-------------..........-
A We think she was depended upon us a lot.She liked
Q
us,and she knew we would help her.
She was depended upon you to help her cook,to help
her clean and to help her bathe,did anyone else'help
Mary Madliak at this time?
Not that I know of.
I
Q No one else went down and helped her or cooked for
her or bathed her?
A No.
Q Did you stay at her home for an extended periods of
tirr.e?
A What do you mean overnight ?
Oh yes,on weekends I stayed in the night to keep
her company and give my wife abreak~
Q So Mary Madliak was totally depended upon you and your
wife for all the help,no one else helped her at all?
A No.
Q At this time after Andy's death,what was her mental
~oniition?
A It Nas good.
Q 3he asked you for help?
A Yes.
Jid she ask or did she assume it?
A fhat's a different way you could take it.She was
older same as any older person she could ask and it wo lld
be an order.Same as any older person,it is the
way you look at it.
Q Did people come to vi'siit Mary?
A Yes
Q;Who?
A Same people as before.Neighbors of hers.Neighbors
and.'my boss.
, Q Did anybody other than you and your wife stay with
Mary overnight?
A No,me and my wife use to stay.One time I would
take a turn amd ~ive her a break,then she would
stay.
Q About when.did you start staying overnight with
Mary?
A I don't know.
Q WaS it before or after Andy,Sr.>'s death ?
A Before.
Q And after Andy,Sr.'s death you continued to be the
only outside contact Mrs.Madliak had?
A .Y~~s"as"far as:help.
Q You took her everywhere?
A)Y:es.
Q Your wife performed all chores and tasks required
to ~eep her alive?
A Yes.
Q.Jid you take Mary shopping?
A She didn't do much shopping.
Q Where did the food come from?
72
73
A
Q
A
Q
Q
A
My wife did her shopping.We took a lot of food
down to her.
Did Mary do any shopping on her own?
She didn't do much,he did the shopping until he passe<
then my wife did the shopping for her.
As the year 1968 extended,Mary Madliak got worse,is
that correct?Her physical condition got worse,is
that correct?
Well,as she got older,she got a little bit weaker.
In September,1968,she was admitted to the Golden
Age Nursing Home?
A Yes.
Q Why was she admitted?
A She was,talked into it.
Q By whom?
A Same thing I told you before.
Q By whom was she talked into it?
A 3er daughter-in-law.
Q Jid"she suggest that she go to the nursing home?
A 7~s.
Q Did you or your wife ever suggest that she go to a
nursing home?
A Ve didn't suggest anything.I told her I wrote that
paper out where I would keep her until she died,but
she was worried about my house getting blowed up and
the kids.
Q Did you enter Mary Madliak into the Golden Age Nursing
Eome?
74
A Yes I did take her there
Q Did you sign p&pers necessary to place in the home?
A I.not sure if I signed it or if she signed it Lerself.
I think she signed it.
Q Di~Andy,Jr.know his mother was in the Golden Age
Nursing Home?
A No I called him up and told him.
Q Before or after she entered the home?
A Right before I took her.
Q Nas there anything physcially wrong with Mary Madliak
=equiring her to be taken to the Golden Age Nursing Ho~e
other than mere age?
A Her blindness,her son told her if she went up there
that she would get total disability for being blind,
but it didn't work out.
Q Was there any necessity for her to have the total
disability for blindness?
A.Not from what I recall.She had been examined.
Q I thought the reason for people creating total
disabilities is so that they get some kind of money
r3turned from the Federal or State government,did
sne need money?
A No.
Q Between 1964 and 1967,you say that the amount of
time you spent with Mary Madliak then increased,is
t:tat correct?
A It was getting more ~d more.
Q
75
So at that time,and the time period prior to Andy,Sr 's
death,did his condition make him depe:g.qent upon you?
A He was getting older.
attention to him.
We paid a little-bit more
¥
Q Did his condition require'you to be there or your
wife to be there?
A Well,I say'yes and no.
I.Q
A
Did you t.ake him shopping prior to his death?
I always took hiW shopping.
Q Did you take 'him to the bank?
A I took him whenever he had to go.
Q D';d '....your wife cook for them?Did she clean for them?
A "!es she did.
Q ,They weredependent'upon you and your wife,is that
correct?
A Prom what the agreement was,yes.
~e told them we would help them,and we never refused
I
them.
Q You were their principal contact with the outside worl!i,I
is that correct?
Q BJth Andy Madliak,Sr.,prior to his death and his
-.-wife,prior to her death,were dependent ~ponyouand
your wife?
A Yes.
Q You performed all functions asked of you?
A I helped every way possible.
Q After Andy Madliak,Br.'s death,Mary again became
76
"more !eeble,is that correct?
A She wasn't feeble,she had a good solid mind.
Q I meant physicaily feeble?
A She startee to get weaker.
Q And you took to spending more and more time with
Mary Madliak because of her ill condition?
A I put in a lot of time.,'
Q She became more ~~p~ri2ien~-upon -you -and'your wife ~.
A I guess so,because there was no one else to help her i,lhe1i>,
Q ~o one else other than you and your wife?
A He and my wife.
CONTINUED EXAMINATION OF MR.HUDOCK
BY MR.KELLER
Q Mr.Hudock,the transfer of the deed from Mrs.Madliak
to you and your wife was done,within a few days after
the death of Mr.Madliak wasn't it?
A I believe ten days.
Q Why was this transfer made so fast after the death
of her husband?
,.\A Sa.me as I told your assistant,she wanted,lcrile to have
tnat house.She h~d it in the "Will.She said that she
wanted to sell it to me for $1.00.It was her belief,
that if somebody paid $1.00 that the house was theirs.
She wanted me to make sure that I'had the house so
h~r son would not get the house for the way he
tI'eated her.
•Q
A'
Q
A
Q
A
Q
A
'Q
A
Q
A
Q
A
Q
A
Q
'A
Q
A
77
Did she tell you this?
She most certainly did.
Where?
In the home.
Was anyone else'present?
Her soOn heard that too.'
~id she have the advice of any lawyer or legal counsel
at that time?
Mr.Costa wrote the deed up.HiEi>gave her advice"
and we told her son about it.He said well he worked or
it,he deserves it.
~hat advice did Mr.Costa give her?
Ee explained the whole thing.
Eid he explain that she would be giving up possession
and control of her own home?
y.es.
Did he explain to her,that if you wished,you could
put her out on the street the next day?
W~had papers written out that I could not throw her
out at anytime.
And were these Papers written up?
Yes sir.
Do you have ,them here?
I do not have them,Mr.Costa has them.
Wil.~you provide a copy of the paper to us and please
ccnsult with your attorney?
We will.
Q
A
Q
A
Q
This transfer occurred barely seven days after
he was buried,is that correct?Ten days after his
death?
About ten days.
Where was the deed signed?
I believe down in the house.
Mr.Costa had prepared the deed ahead of time,h.adn't
he?
A I guess so.
He talked to her and he came back after he talked to
her,and she said that you are sure'you are coming
=back.
Q Was he present at the time the deed was signed?
A Yes.
78
Q Did he talk to her in English or in Slovak?
A He talked in English,and my wife was their interprete~.
She could understand English.
Q Your wife understands Slovak?
A Yes.
Q Your wife interpreted for Mrs.Madliak when Mr.Costa
was there?
A Yes,Mrs.Madliak said she understood everything in
English.She didn't need anyone to interpret.My wife
still was interpreter to make sure so there was fi~thing
going on that was wrong.
Q In your judgment,what was the fair market value of
the house at the time of transfer?
80
Q You testified that your brother-in-law is living in
it now?
A I have let him take care of it over the winter months.
So was 'my mother-in-law.My mother-in-law passed away
"
1
.:Ie is keeping\)the heat going.
Q i'he amount of'land includes four lots,is that correct'
A ~es,there is four lots.
EXAMINATION OF MRS.HUDOCK BY
MR.CROTHERS
Q wnat is your name?
A Elizabeth Hudock.
Q The address is the same as your husbands?
A Yes,106 Dallas.
Q Is your occupation that of a house wife?
A Yes,but I work now.
Q WLere do you work?
A At Thompson,'s Funeral Home in Bentleyville.
Q What do you do?
A Do~estic help.
Q What is your maiden name?
A Panlish.
Q And you are Czechoslovak?
A Th~t is correct.
Q I take it since you are the wife here,you did the
maj,ority of the help of Andy Madliak and Mar;},T
~ladliak?
A Yes I did.
81
Q When didiit~"3start?
A
Q
A
Q
Well,at first in 1963,when Mr.Madliak fell and
broke his hip.We started going down there and Andy
and Helen were going there too.
3ut then in the late part of 1963 they had a disagree-
Dent with Andy and Helen.When they sent them shopping,
they didn't came back with the groceries right away.
They would do their shopping for·them and a lot of
times maybe Helen had something to)do,and she didn't
come back on time and the senners wanted her to hurry
up and come back•.
Yes,with the son,Andy,Jr.in 19?
1963.
What did you do fOT Mary Madliak and Andy at the very
beginning in 1963?When he broke his hip?
A I use to go down and help her get him out of bed and
p~t him in a wheel chair.'
Q Did you do any domestic work for them?
A No,not at that time.
Q As time extended from 1963 to the date when Andy
Mailiak,Sr.died,I take it that your testimony
wO".11d be the same as your husband's.You spent more
and more time at Madliak,Sr.'s home?
A Yes.
Q Was this because of friendship,or because you wanted
to do more for them?
A It waE partly friendship.I would go down and if
there was things that needed done,I did them and then
chores
I would go home and do my/,then I would go back down
again,and check on them
Q Did you a.nd your husband have any arr:.angements with
Madiiak Sr.so that you would come down at a certain
time to do things for them?
A ~o,she just would tell me come down tomorrow she
need.ed this done or whatever,when she needed me I
would come down.
Q In 1965,Andy Madliak,Sr.,was admitted to Browns-
ville Hospital after recuperating from his hip,at tha
time he was discharged he came home again.Did you
find after that time you spent more time down there
because of his illness?
A About the same time,because it seemed his arm,he
coul~n't use his arm that much.
Q Was Mary able to take care of him herself?
A Oh yes,he didn't need help at that time.
Q Did Mary need help,
A Not more then.
Q So th~t his condition was not sufficient that she woul
really have to have your help?
A No ..
Q Wh~did you go down?
A Wheneyer she needed it then that,'s when I went down.
When she ,~~ld me you come down.She would want
me to do the shopping,pay her bills,because she
couldn't pay the bills.
82,
I
Q
A.
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
83
Did people visit?
Yes,the neighbors.
Did the son and daughter-in-law visit?
Not in 1965,I think that is about when they stopped
~oming down.
They stopped coming?
As late as 1963 or 1964 somewhere in between there.
And you and your husband provided for them what they
requested or what needed done?
Yes.
Did anyone else do this for them?
No.
Did they ever ask any of the other neighbors other
than you and your husband?
They asked one other neighbor to help then and she
s~id she couldn't do it.So they asked us.
Wtat was Andy Madliak mental condition at the time
after he returned from Brownsville Hospital?
Re~l good.Nothing was wrong with him.He was good a~d
so was she good.
When you conversed with both of them,did you converse
in English or Slovak?
Both English and SDvak.
Whatever you were speaking at the time?
He spoke more English,because he liked to speak E~gliph.
He 3poke to me in Slovak because he knew I could
understand Slovak and English.
Q
A
Q
A
Q
A
Q
A
Q
A
Q
84 I
'Nould Mrs.Madliak rather speak to you in Slovak
-;han Englisb.?
No,sometimes Slovak and sometimes English,but she
would speak broken English.
~oing from 1965 to 1967,Andy and Mary are getting
c-1der and ~he older they got the more they depended
upon you and your husband for services for them?
Yes,I would pay her bills,I would get their grocerie~
go shopping at the store for them.I would have to
bring a register tape home to show how much I spent
of tj,eir money.
When did you start to provide services like cooking
for her about when?
That must have been about late 1967,something like tb~t.
Before Andy,Sr.died?
Yes
Was Andy,Sr.,at the home at that time?
He was at home,yes.When I went down to help her,
I ilould help her with breakfast,because she was
afraid of burning herself on the stove.
At the same time you started to cook for her,did you
also start to clean and do other domestic things for
them?
A YeE.
Q What was her physical condition at that time?
A Her physical condition was good.Her physcial
condition was,the only thing she couldn't see and
she had this Parkinson's disease and her hands
shook a little bit.
Q So she couldn't do the things she or you were doing
for her?
A ITo,it was hard for her to do it.
Q ~as anyone else doing things for her?
A Ko,just I was.
Q Just you and your husband?
A Yes.
Q Did you converse with her all the time?
A Yes.
Q What did you talk about?
A We talked about things that happened when they were
YoYnger,how man.children she had,What happened to
them,and that she couldn't understand Andy,how
much they helped Andy,Jr.,and he didn't want to
he~p them.
Q From the death of Andy Madliak,Sr.,in January,
19E8,Mary Madliak physically deteriorated?
A Not really,she didn't deteriorate.She was weaker
~nd didn't get around as good as she had a couple of
yea~s before.
Q Did you start to stay down there?
A Well,when she was in the hospital I stayed overnight
with her for a While,because she was weak and I
Didn't want her to fall and hurt herself.
85
Q
Q Did she go into the hospital in 1968?
A Yes.
Q What hospital?
A Washington
Q What was she in for?
A ~o give her a good checkup,to see why she didn't
feel well.
Q Who entered her in the Washington Hospital?
A It was,I think,Dr.~jonessi.
Q Did you and your husband take her up?
A Yes,he said you wait for a while until they did
f~nally call her.She-wasn't rushed into the
hospital.
After she returned from the hospital,about when would
that be?-
A Ineune of 1968.:
Q And at that time,you were doing all the work for
he::::'?
A I ~as doing mostly everything for her.
Q Did-people come to see Mary after she came back
from the hospital?
A Yes,the neighbors.
Q She was physically able to get around enough that
she could sit on the porch?
A Oh yes,she w.ould go and sit on the porch,she also
walked around the yard.
Q Did you bathe her?
A Yes I aathed her.She-was afraid of falling in the
86
bath tub.She was a heavy set lady and she.was
afraid of getting in and out of the tub.
Q 'It-;;is:'·y:OUT testimony that Mary had to be dependent
upon you and.your husband?
A Yes,she didn't have anyone else to help her.Her
i3on;.~:did:h-~.t want to help her.
Q She was physically dependent upon you,she couldn't
to a lot of things that?
A Right,she couldn't go shopping hers~lf.
Q She could cook for herself?
A She could cook a little for herself,but like I said
s:J.e was afraid of burning herself on the stove.
Q Because of the glaucoma.
Q What was her mental attitude?
A It was good.
Q She still conversed with you about her prior life?'
A Yes.
Q Dii she ever have any lapse of memory?
A No.
Q There were never any inconsistencies?
A No.
Q Die.Mary after she returned from the hospital,did
she get out?
A Yes.,she was out in the yard or out on the porch.We
would take her for a ride in the car when she felt up
to it.
Q 3id anyone else take her?
87
88
A No,no one else~ook her anywhere.
Q How often did you say people came to visit her?
A The neighbofs,when they saw her out on the porch,
eve.ry day,or every other day.It all depends whether
they'were busy or not.
Q nas it always the same people that came to visit her?
A Ies~neighbors.
Q Did they/converse in English?
A The other one,she understood a little bit of Slovak.
Q You then would say that you were the principal contact3?
A No,not the principal,because she talked with other
neighbors.
Q Y0U spent the majority of time talking with her?
A Yes.
Q How much time would you say it took to do the things
ir-Mary Madliak's home per day?
A Sometimes like on the weekends when I would go down
ani clean her house,it would take a few hours in the
morning.I p~t my boy off to school in the morning,
then I would go down there.
Q Die you cook her meals at your home?
A.Sometimes my home,sometimes hers.It all depended
on What she wanted.
Q Did you and your husband eat with her?
A No,I took it down to her.
Q This occurred from 1964 on?You continued to do more
and more for her as time went on?
A Yes.
Q Wh~t would you say was Mary's reaction to Andy's
death?
89
A She expected it because she knew he was ill.
Q ·When they took him up to Torrance,was she d~spondent?
A ~o,not really,just like anyone else over a husband's
death.
Q Like anyone else,did she get over it fairly fast?
A Yes she did.
Q rid her son come to visit her after 1965?
A No,it wasn't in 1965,it was later than 1965 wh9n he
started coming more after the father¢s death.
Q After the father died in 1968?
A Yes,he came down in 1965 a few times when his father
was home,but after he didn't come down as much.
After the father died he started coming down a little,
bit ffiore.
Q Did they want him to come down?
A Sure they wanted him to come down,but he didn't want
to.3e said he wasn't going to be a baby sitter.He
was too old to be a baby sitter.
Q Did he ever tell you that?
A He told me that,and he told another neighbor that.
Q When did he say this?
A When we were taking Care of his mother and father,
before they got real sick.
Q
A
'Ilhe:l did they get what you call real sick?
Well,that last time the mother went to the Washington
Hospital.
90 .
Q In 1967?
A When they took him'from Washington to Torrance.
Q He was not real sick prior to that?
A No,he wasn1t real sick.He knew what he was doing.
Q It is your testimony that prior to him actually going
~o Torrance,he really knew what he was doing at all
times?He was completely lucid at all times?
A Yes,he knew what he was talking about.
Q And then in 1968,Mary went to Washington Hospital
for a checkup and then went to the Golden Age
Nursing Home,is that correct?
Y~s.
Q
Why did she go to the Golden Age Nursing Home?
Well,her daughter-in-law and son came down and they
were telling her that there was older people,and
that there would be more company for her.They
talked her into it.They were going to make arrange-
ments for her first,then she changed her mind and
didn't go.
Your husband testified,did Andy,Jr.know of the
transfer of the bank account?
A Yes they told him.
Q Did he know of the tr§.nsfer of the deed?
A Yes,they told him they were going to give everything
to us and sign everything over on us.
Q Did he know you held the metal box?
A I don'~know if he knew at first.She gave it to me
when she went to the nursing home.
A
Q
A
Q If Andy Madlisk,Jr.knew that all the assets of
Mary Madliak estate were to go to you,what interest
would he have in putting his mother in a nursing home?
91
A He told her she would have more older people to talk
with.
-Q As of 1968,he was concerned about her?
A I don't know,you would have to ask him that.He
-:;old her there would be other older people up there anl
Daybe she would like it up there.I told her not to gP,
but she wanted to go.So she went.They took her.
Q As of the time she entered the Golden Age Nursing
Eome,there was nothing leff of the estate of Mary
Madliak,is that correct?
A I don't know,it was all in our name
Q All in your name?
A Yes.
Q Your husband testified as to the circumstances of the
transfer of the ba~~account to him,and all the check~
that were executed out of the bank account is there
a~ytt-ing differnet that He stated that you thing shoulc
be added?
A The only thing,we got a letter from Washington County
about that $4,000.00.
Q What did the letter say?
A That I had inherited that money from,I don't khow how
they put it,
Do you want to see it?I have the letter with
92
See your counsel.
Die..you and yc·ur husband pay the $737.34 inheritance
tax on this?
Yes we did.
Dic..you consult anyone at all about this form?
A
Q
A We went down to the bank and told them.They said it
was official,then we came up to Washington.The lady
in the office here we told about it,she said yes that
is official.Her daughter-in-law said that we were
trying to steal that money from her.
Q What did the tank tell you about this form?Because
of this form if you paid $737.34 that you were entitle
to that amount of money?
A Yes.
Q You were entitled to $4,915159?
A Yes.
Q Why did you go up to Washington?
A Because that .is where we had"to pay the inheritance
tax.
Q You paid the inheritance tax in Washington and then
executed a check for that amount of money?Or the
bank executed a check to him for that amount of money?
A For the inheritance tax?
Q No,$4,915.59 •
.Did you get the $4,000.00 before or after it was
:paid?
A After it was paid.
Q Is there anything other than that that your husband
·testified to regarding the bank account that might
Q
93
be important?
A No I don't.
Did you receive a similar piece of Paper when
Mary Madliak died?
A No we didn't.
Q In 1967,Mary cashed a check for $3,000.00,do you
have any idea what she used that for?
A She wanted,it at home in case s~e would need it,so
she wouldn't have to go to the jank all the time.
Q She kept it at home?
A Yes.
Q What did she do with it?
A.She after Mr.Madliak had passed away she got that
other $2,000.00 then she kept a~l that money together.
She paid for the funerals and paid for the tombstones.
Q Do you have any idea how much the funerals cost her?
Yes.
In 1968,for funerals of both Andy,Sr.and Mary even
though she had not died?
Whathappened to the remainder of the money?
She had it at home.She took Care of her own money.
A Close to $1,500.00 each.
Q So a total of $3,000.00?
Close to $3,000,00 for both funerals was paid,out in
1967 for both funerals?
No,in 1968.A
Q
\
'"\.
A
Q
e A
Whenever she needed something,she old me to go and
get it and she would give me the money.She handled
Q
her own money.The only thing,she didn't go to the store
get her stuff for herself.
Did you receive a similar form then,one to just show
money for the inheritance tax on the remainder of Mary .Madliak?
A Ko,we didn't.
Q Has any inheritance tax been paid?
A No,not so far.
Q But you agree that the money was transferred from the account
of Mary Madliak and Andy,Sr.,and your husband to a second
account,is t:'2at correct?
A T::>my husband and myself.Might as while put my name in the
bank book,because when she passed away,his name was:only
left on the bank book so we transferred it to my husband's
name and my name.It is on both of our names.
Q W~"r':l did you not wait until you received the same form that you
received from the Andy Madliak estate giving you permission
fo:,that transfer?
A -~ell,it was only on my husband's name.
Q .~s of your knowledge no inheritance tax has been paid on -:he
ba~ance of the account?Again if you did listen to your husband"s
teEtimony as to the transfer of deed property Mary transferred to
you and your husband,is there anything that you feel should be
c.dded ?
A No,it was like he said,it was a gift and for our working,becaus
his (fson didn't want to work.
94
95
Q TJilere you present at the time that Mr.Costi informed Mary
Madliak and gave her information regarding the transfer that
was about'to occur from her to you?
A Y =s,they understood everything that they were doing.
Q You were present at that time,do you have any idea what he
told them?
A They told him that they wanted to transfer everything unto us,
because we helped them and worked for them.
"~
.\Q What did tItrer tell them?
A He asked them if they knew what they were doing?They said yes.
Q He counseled them as to the problems that could occur?
A {i).5'uess he did,I couldn't recalL
EXAMINATION OF MRS.HUDOCK BY
MR.KELLER
Q Did Mr.Costa talk to them before the death of Andy?
A
Q
Well,the Wills'were made out before Mr.Madliak passed away.
Did he talk to them about the deed before Mr.Madliak died?
A Yes he did when we called him down in 1965,in April of
1965,I thin:-{it was.
Q A:ld,they didn't make a deed at that time did they?
A NJ,he came down and he wrote out everything,then I guess a we k
later or however long it took to make a deed,or a WilL
Q [3.m talking about the deed.
A O~~,Mr.Madliak was living when the deed was made out.
Q is the house in your name?
Q
A
'v
So,the first tiple that the matter of the deed was raised was after
,the death of Mr.Madliak'in the seven days between his bur.ia1
and the date the deed was signe;d?'
A Yes.
Q Now your husband testified that there was another paper signed
at the s'ame time that would protect her?
A Right.
Q Did you also sign that paper?
A'I don't know if I signed it,'but I know Mr.Costa made one up.
I guess we both signed it.
Q Now,Mrs.Hudock as far as we can tell that second paper has
never been recorded?
A Well,.maybe Mr.Costa hasn't,I don't know.
Q Do you know where it is?
A No I don't.
Q Would you consult with your attorney please,then tell us whether
either of you know where it is?After consulting with your
attorney,do you know where that second paper is?
A I don't know where it is at all,but I took it for granted that
Mr.Costa had it with all the other papers.
Did Mr.Costa recommend that that second paper be pr@p~rr%'a:?
He told her we would make one,so~wouldn't have to worry..
Q It was Mr.Costa's idea?
96
A Yes.
Q
A
r:-I,
Who called Mr.Costa to come down to the house to prepare the de d?
,
It was either I or my husband,I cannot remember.
EXAMINATIOK OF MRS.HUDOCK BY
MR.CROTHERS
Q When did you call him?
A I guess at must have been about a day or so before he came down
to the house.
Q When in relation to the death of Andy,Sr.?
Within a day after the death of Andy,Sr?
A Ab::mt a week after I guess.
Q It is your testimony then that a week after Andy,Sr.,died Mr.
Costa came down and counseled Mary Madliak?
A She told him what she wanted done.He said if everything was
all right and asked her if she knew what she was doing.She
said.yes.
Q He drew up the papers and returned?
Q And all this took place within a ten day period after the'death
of Andy Madliak?
A Yes.
Q So that Mr.C:)sta had a three day period is your testimony?
A I couldn't say if it was one day or two days from t~:.e day f::'''1~)
the day she signed the papers.I don't remember the exact day....--"'.,.--,
Q The question is,if Mr.Costa was called and came down to
see Mr.Madliak seven days after the death of Andy,Madliak,Sr.,
A
that left him three days to draw up the papers?
1 wouldn1t say it was seven days,I say it must have been aeday or
two before it was signed.She signed it on the 31st,so it might
have been the 29th or the 28th that Mr.C:~s'W;a'3r2 o~riginally came
c.own.
CONTINUED EXA MINA TION OF MRS.HUDOCK
BY MR.KELLER
Q Does Mr.Costa do your legal work for you?
A We really didn't have any legal work to do until the Madliaks.
Q YO-.l never used Mr.Costa?
A Ch yes,we did before when we bought our home.That was the
only legal work that he did for us.He did the transfer of bur
,.
p:-c.perty,our hous~e.The man that we bought it from was from
ont of state.His uncle had owned that house.We didn't know
t~e people.
.EXAlVIIN ATION OF MRS.HUDOCK
BY MR.CROTHERS
Q Again,for the third transaction you lisb~riede:to the'testimony of
your husband regarding circumstances of the possession of the
metal box,could you tell us specifically when Mary Madliak
gave this box to you?
A When she wem up to the Golden Age Nursing Home in Sept.
Q Did she give any .reason?
A3he wanted me to take care of it.
Q Take care of the box?
A ~les.
Did she tell you what was in the box?
A She had some money in there to pay for the nursing home.
Q Did you know what was in the box?
A She ·told me what was in the box.There was some money in there,
and her papers.
Q Do you know the amount of money?
A Not really,it amounted to a few hundred dollars.
EXAMINATION OF MRS.HUDOCK BY
MR.KELLER
Q Why would she have told other people there was an excess of
$2,000.00 in that box?
A I don't know.
I
99
Q Did you ever know there to be $2,000.00 in that box?
A ..Not that I know of,no.
Q Isn It that where she kept the money when she cashed checks from
.the bank?
,A .No,I do~'t know where she kept the money when she cashed
her checks.
Q Now when she would get money out of the box so that you could
I
go to the store,y.ou never seen her take anything at all out of
the box?
A She would'always have the money in the kitchen.She would
give it to me.
Q ·Where did she keep the box?
A I guess in the bedroom.It might have been in the living room.
Q Did you or :y:our husband ever take any money out of that box
••-
at any time?
A No,we didn1t.
Q Are you saying that after the box was given to you that you did
not use any money in the box to pay her expenses?
A Ur:the nursing home,I paid her expenses up the nursing home.
Q How much is thati?
A When she was admitted she paid $200.00 out of that metal box.
Then I paid cleaning bills for her.
CONTINUED EXAMINATION.OF MRS.HUDOCK
BY MR.CROTHERS
Q Do have any idea how much was in the metal box?
A No,not really,a few hundred dollars that I know of.
Q Is it true t~at she lived up at the Golden Age Nursing Hone,or
at the hospital from September until the date of her death?
A Yes.
Q Ana.that would be a matter of,at least,six months wouldn't
it?Well,yoa said that the only amount of money that you paid
toward that was $200.DO?
A Yes,because I think the UMW might have paid some.She was at
:he nursing home and then she got sick and she went to the
hospital.While she Vias in the hospital the UMW paid so much
ihen when they returned her back to the home again,I think the
UMW picked up the bill for so long.Then she passed away.
Q Do you acknowledge any remaining bills involved in her care at
t::J.ose places up to the point of death are your obligation?
A Yes.
101
Q If there are any bills left,they are your obligation?
A I don't think there are any bills left.
Q I am saying to you,if there are any bills left would you agree
that based on your understanding with her it would remain your
obligation.
Q .-Would you take care of them?
A I guess so.We would take the money from the bank and pay
her bills,yes.
Q Did you testify that the time time she went to the hospital,that
parts of it were being picked up by the United Mine Workers?
A Yes.
Q There were obviously parts that were not being picked up?
A Well,when she first w~ent to the hospital it wasn It,she had
to pay it herself.
Q How did she pay it?
A She paid them cash up.
Q Where did she get the money?
A She had it in her purse.I guess she got it out of the strong box.
Q When she went to the Golden Age Nursing Home,were parts
picked up by the United Mine WorkerE?
A It must have been,because we didn't pay any other.
Q How did the remainder get paid?
A Tr_ere w~3'r:.o remainder to get paid.
102
WheT:.she originally went into the Golden Age Nursing Home,
she raid them $200.00 that was all she paid.
Q She was at that point required to pay?
A Yes,we didn1t pay no other one for her up there.
Q So sl:.bsequent to the death of Mary Madliak,no bills were present d
to you?
A No.
Q As fer as you know,all bills have been paid?
A So far as I know,yes.
Q From the time Mary Madliak gave you the box prior to her enterin
the Golden Age Nursing Home,·to the time when it was returned
to M~.Costa did you open the box at all ?
A I put her two checks that belonged to her in it and gave it
to M:r.Costa.I turned it over to him.
Q Do y')U remember anything from the box?
A No I don't..
Q You removed no more money from the box,other than what the nu sing
heme required?
A That's right.
Q Did anyone else have access to the box?
A No,[was the only one.
Q Where did you keep the box in your home?
A In my home,upstaIrs 'in my closet.I don1t remember.
EXAMINATION OF'MRS.HUDOCK BY
MR.KELLER·
Q V\'hat was the condition of Mary Madliak when she turned
the box over to you?
A He~condition w8:s good.She told me she was going to the nursing
home,and she wanted me to have that box so I could pay her
bills.
Q Why was she in a nursing home?
A Well,her'son ~nd daughter-in-law talked her into it.They said
if she went up there,she would be around older people and she..
would have more company.
Q Are you telling us that her physical condition when she went to the
nursing home,'~-as still good?
A Yes it was.
Q What about her mental condition?
A .She was good.
Q How was her memory?
A Real good.
Q She wasnIt having any difficulties as a result of hardening of the
arteries or old age?
A She was getting older and her Parkinsonlfs disease,she had that.
She trembled a little,but as far as her memory,she was real
good.She knew what she was doing,as of the time she went
into the nursing home.
EXAMINATION OF MRS.HUDOCK BY
MR.CROTHERS
Q After Mary Madliak entered the nursing home did either you or
your husband take possession of her house?
A No,we just locked the doors up and their own furniture was there
03
,--------........--------~-~--~~_=c_-__-....-----__---------__,.....-___.
04
Q It was locked up after her death,what happened to the furniture?
A After that her son and daughter-in-law came and took the furnitur .
Q WheE did they come and take it?
A I don'lt remember whether it was the same year or a year after.
Q \Vas :myone living in the home at that time?
A Nc.
Q From the period of Mary Madliak I s death how long did the house
re:nain vacant?
A I guess about three years.
Q How long after her death did her son and daughter-in-law came an
get the furniture?
A
Q
I donft know if it was the same year,or the year after.
EXAMINATlON OF MRS.HUDOCK BY
MR.KELLER
Mrs.Hudock if you had a deed to that property and you claimed
o'Nnership,why did you leave it stay empty for a period of three
or four years after the death of Mary Madliak?
A We dUnIt know e~actly if we should put anybody in or not,then
my m,)ther was ill,she lived at Ellsworth and we found out we
could iPut her ,in there so I put my mother and brother~there.
I took care of my mother until she passed away a few months,
Q
A
Q
ago.
.-.~~\You knew another WIll had been,ER~~dJ;:.l
We had heard another Will had been filed.
Mr.Costa t~d you that?
A Yes.
Q You knew that claim was being made by Andy,Madliak,Jr.fore:
the:h:::mse and for all other assets of her estate?
A Yes.
Q Di:l bat have anything to do with the reason why you did not take
possession and control of the house immediately after?
A No,\Ole didn't really know what we wanted to with it.
,,
Q Did you pay the taxes on it?
A Every year we pay the taxes,and what needs done we do to it.
Q Did you remove anything from the home?
A No,we did not.They removed everything.
Q You Cid agree to the list that was provided to you,was correct?
A We didn't get a list,not that I can recall.The only thing I know
is that they removed all the furniture.All her clothes,all
the teols the outside glider and chairs to sit on.They took all
that.
105
Q
A
Q
A
Q
A
Q
You didn't get a list?
No~I knew what was in the house.
Were you asked to sign a list?
I thin!.;:Helen asked me to sign such a list.
Do you have any idea when that was?
No I c.on't.
By your testimony,from the period of 1964 on Mrs.Madliak
became more and more dependent"upon you for the daily routine
thing!:to keep her alive,is that correct?·
,A Not keep her alive,she could keep herself alive.
Q In the end,did you help her to eat?
A No,I cooked for her and cleaned.
Q BDt tpe longer period of time,as she got older the more things yo.....
haC.to do"for her.is that correct?
A Yes.
Q And that you I and your husband alone were the only ones to do
such things for her?
'A Yea.
Q Was anyone else doing such things?
A Not that I could recall.Maybe she would ask one of the neighbors
to sew something for her once in a while.
06
Q So to the best of your knowledge then you and your husband
w.ere the only ones who provided services?
A Right.
Q Starting in 1964,as I understand it she couldn't see very well
·could she?
A No
Q She had very poor vision even in 1964?
A Yes.
Q And it got worse as time went by?
A No,it was the same.The doctor said it Was the same.
Q How about her Parkinsonlts disease in 1964,how was it?
A J!t was all right then,but as she got older she trembled a little.
Ie
Q She,in fact,trembled a good deal didnIt she towards the
end?
A No,I wouldn't say a good deal.She got around.
Q Could she hold a cup of tea?
A Yes she could
Q Neitter Mr.or Mrs.Madliak drove?
A No.
Q So they were totally dependent upon other people to provide
transportation for them whether from the grocery store or a bank
or to any outside place?
A Well,when i1.e could get around,he w3.lked,but he went on a bus
be:ore we helped and after we started to help then my husband
took'!hem.And there was a few times I called one of the
neighbor ladies where Andy Madliak,Jr.lived to take me and
Mrs.Madlic.k·down to Pit'hSilu:p.gbto see the eye doctor.
Q They were totally dependent upon other people to transport
them places from their own home?
A Yes.
Q Did y:m ever know them to make any ~isits to an attorney or
any o:her person to get legal counsel and advice other than
what you testified to in regard to Mr.Costa?
A No.
(Proceedings Closed).
**********************************~*******
07
I-...u....l.--.~
COMMONWEALTH OF PENNSYLVANIA)
)
COUNTY OF WASHINGTON )
I)JOANNE J.BESEDICK)do hereby certify that the witnesses,
MICHAEL HUDOCK AND ELIZABETH HUDOCK,we:te Quly sworn to
testify fo the truth,the whole truth,and nothing but the truth;that the
foregoing depositions were taken at the time and place stated herein;and
that the said depositions was reported stenographically by me and then
reduced to typewriting and constitutes a -true and correct record of the
depositiions given by the said witnesses.
I ftir:her certify that the inspection,reading and signing of the said
depositiions were waived by the witnesses personally.
I fur:her certify that I am not a relative or attorney of any of the parties,
or a relative of either counsel,and that I am in no way interested directly cr
indi::-ectly in this action.
Swo::-n to)and subscribed
before me this 24thday of
April
Mary Jane Smitr,Notary Public
Washlng:on,Washington County,PeL
My COilmission Expires
F.ebrllary 14,1977
()U (
---------------------------------;----.
I:J THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPK~NSr COURT DIVISION
TRA~SCRIPT OF PROCEEDINGS AS TO STIPULATION AND AGREEMENT
I·
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,IN RE:,,
(ESTATE OFeMARYMADL l~K,
~Dece9.sed.
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r=i APPEARA:.\fCES:...!!o
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THE HONORABLE PAUL A.SIMMONS,Judge
of the said Court.
~OBERT T.CROTHERS,ESQ.,of
Washington,Pennsylvania,represent~g
Andrew Madliak,J~.,Executor.
PATRICK J.REGA,ESQ.,of Charleroi,
Pa.,representing Michael Hudock
and Elizabeth Hudock,his wife.
that there has been a stipulation 9.nd agreement
arrived at in this case that will Bettle this matter.
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TIME:
THE COURT:
Is that correct?
MR.CROTHERS:
THE COURT:
September 19,1974.
It is my understanding,gentlemen,
Ye s,Your Honor.
~IT.Crothers,have you discussed
this matter wit~your client?
---------------------------
2
MR.CROTHERS:Yes,Your HGnor,we have,and they
have agreed to the stipulation.
THE COURT:Mr.Rega,have you discussed this
hand and be sworn?
frcnt here.And weuld each of you ra~se your right
(Andrew Madliak,Michael Hudock and Elizabeth Hudock
are duly sw::trL).
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with your clieLts?
MR.REG.!!.:
THE COUF:T:
Ye s,Your Honor.
Let I S have the clients come up
Jf the esta~e of your mother.
sipulation a~d agree:nent which will settle this matter
if it is agreed to ~y all parties?
And did he disc~ss with you a
As I understand,~ou are the executo
Andrew Madliak,Jr •
:.1r.Crothers.
Give us your name,sir.
Ye s,Your Honor.
And who is your attorney?
COURr:
MADLIAK:
MADLIAK:
CJURI':
ui MR.
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I-MR.II::J
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:J.,
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MR.MADLIAK:
THE COURr::':
Yes.
Do you fully understand the contents
of this agreeme~t?
MR.MADL =.AK :
THE COURT:
Ye s,sir.
And you are agreeable to it,sir?
MR .M..~DL IAK :
THE CJURr:
I am.
And you have signed your name and
3
3xecuted this agreement.
and Stipula~ion to settle this estate that was presente
MR.MADLIAK:
THE CJUR:r:
MRS.HUD)CK:
~THE CJUR:r:
:(>~MR.HUDO:::K:.,
!:..~THE COUR:r :
I did.
What is your name,please?
Elizabeth Hudock.
And your name,mr?
Michael Hudock •
Mrs.Hudock,did you read an
~to you by your attorney,Mr.Rega?
:t
.:MRS.HUD08K:Yes •
,.•J
~THE COURT:
:l
~of it?
J
:l~MRS.HUI:OCK:
:t..~THE COURT:
ti~MRS.HUI:OCK:
x:>~THE COUFT:x
Do you fully understand the contents
Yes,I do.
Are you agreeable -to that?
Yes.
And Mr.Hudock,did you read also
L,MR.HUDCCK:
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the Stipulation and Agreement which was presented to
you by your attorcey,Mr.Rega?
ies.
THE COUET:And do you understand the agreement
and the contents thereof?
;
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MR.HUDC'CK:
THE COUF.T:
MR.HUDOCK:
THE COURT:
.,'
Yes,I do.
And you did sign your name thereto.
Yes,I did.
As I understand it,Mr.Madliak,
------..---------------------------------~--____t
4-
you signed your name,is that correct?
MR.V.-ADl IAK:
THE COURT:
you did so?
Yes.
And you understood what you did when
be discontinued and settled,is that correct?
MR.MADLIAK:
THE CJURT:«
z~your name.
>en~MRS.3UDOCK:
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CIl«~MR .
COURT:
MADLIAK:
Yes.
Mrs.HUdock,you have likewise signee
Yes.
All of you agree that this matter she uld
Yes.
..=~MRS.HUDOCK:Yes.
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C MR.HUDOCK:Ye s.
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~THE COURT:Now,Mr.Crothers,as I understand
:J.,
~it,you also wi~nessed this agreement and signed your
N
notes at this time that all of the parties hereto and,
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I-~MR.
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:Jou MR.
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name too.
CFOTHERS:
COURT:
REGA:
COURT:
Yes,Your Honor,I did.
And Mr.Rega,you have done the same
Yes,Your Honor.
Under the circumstances,the Court
their respective counsel are standing at the bar before
the Court,all of w~om have been sworn and all of whom
have made statements in regard to the agreement.
Tne agreement is as follows:
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AND NOW,this 19th day of September,
1974,it i~,stipu=-ated by and between counsel for
the parties and bet~een the parties themselves in ~e
above-captioned matter as follows:
1)It is agreed that the Estate of
Mary Madliak and any beneficiaries thereof hereby and
forever discharge and release and forfeit an~claim to
that property heretofore owned by the said Mary Madliak
which is the sUbject of this litigation,with the
exception of $351.bO and other contents of a metal box
prEsently in possEssion of Andrew ~adliak,Jr.,Executo
of the Estate of Mary Madliak,deceased.
2)It is agreed that Michael Hudock
and Elizabeth HUdcck,his wife,shall pay to the Estate
of Mary Madliak,deceased,the sum of $1,000.00.
3)Further,it is agreed that the
said Michael Hudock and Elizabeth HUdock,his wife,
shall pay record costs in the amount of $41.00 to the
Executor of the Estate of Mary Mad~iak,deceased.In
addition,Michael Hudock and Elizabeth HUdock,his wife
shall pay $150.00 witness fees to Attorney Robert T.
:::::rothers,who will see to the proper payment of said
fees.This sum of money is in full payment of any witne~s
fees that may cave accrued as a consequence of the
litigation in the above-captioned estate.
4)All parties hereto,intendi~g
to be legally tound,agree that this Stipulatio~and
Agreement shall se~tle finally and i~revocably all
disputes by and betwe61 the partie s hereto which in any
way affect theEstate of Mary Madliak,deceased.
Mr.Andrew Madliak,did you just hear
the Gourt read this.agreement?
MR.MAILIAK:Yes-,I did.,
0(
~THE COrRT:
>oJ~MR.MADLIAK:
z
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Q,THE COURT:io~MR.-~D:='IAK:z -
:t~THE COJRT::=
And you understood the contents?
Yes,Your Honor.
And you agreed to them?
I did.
Mrs.HUdock,did you hear me read th's
this agreement as I have read them?
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agreement?
IDJDOCK:
CCURT:
HUDOCK:
Yes.
Do you understand the contents of
Yes.
aill:~TH3 COURT:
oQ,
~l'-ffiS.~IDDOCK:
Do you agree to this?
Yes.
THE COURT:
THE COURT:
MR.HUDOCK:
Mr.Hudock,did you hear ~e read
Yes.
Did you understand what I read?
Yes,I did.
And you agree to the contents?
Ye s,Your Hono:,.
this agreement?
HUDO=:K:
MR.EUDOCK:
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o :YIR.
.
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T=--IE COURT:This case is now settled and the Cou t
will approve t~e Stipulation this 19th day 8f September
'I-'----T------...::l------------_+_~
7
1974-.The foregoing Stipulation and Agreement is
approved by the Court.I rea=..ly commend all the,:people'
here a~d parties and counsel and so on for doing a good
•
job.It's best to settle a case like this;we are very
happy it's settled.
(Proceedings Closed)
I hereby certify that the proceedings and evidence.
~are ccntained fully and accurately in the notes taken by me on
i(
1:
_th ehearing,of the above cause',and that this copy is a correct
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By the Court,
The foregoing record of the proceeidngs upon the hearing!
I-5 of the above cause is hereby approved and directed to be filed.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PA.
ORPHANS'COURT DIVISION.
HEARING ON WILL CONTEST
.IN RE:
ESTATE OF
0(.~l\I.!AR Y MADLIAK,
>oJ>-~Deceased.zIIIL
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No.155 of 1969
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THE HONORABLE P.VINCENT MARINO,
President Judge of the said Court.
CHARLES C.KELLER,ESQ.,of Washington,Pa.,
representing the Proponents.
RICHARD DiSALLE,ESQ.,of Canonsburg,Pa.J
and
JESS D.COSTA,ESQ.,of Bentleyville,Penna.J
repres enting Michael Hudock and Elizabeth
Hudock.
Monday,April 21,1969,at 10:30 o'clock A.M.J
EST.
:
I N D E X
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WITNESS Direct Cross•'!.A.J.KUZDENYI 4 14
::>20~HELEN MADLIAK 26
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~ANDREW MADLIAK 31 33
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Proponent's Exhibits:•«1 -A yellow legal-size paper entitled Last Will and Testament.
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l\IR.KELLER:If it please the Court,this is the time fixed
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by the Court for a hearing on the matter of the probate of the will of
Mary Madliak,deceased.Briefly,the facts are that a will of Mary
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Madliak was offered for probate,and Letters were issued on Feb-
ruary 5,1969 to Michael Hudock and Elizabeth Hudock,his wife.
This will was dated April 21,1965.At or about the same time this
was being offered for probate,another paper purporting to be the
Last Will and Testament of Mary Madliak was filed of record on
February 7,1969.This will was dated September 25,1968.And
the question was therefore presented to the Register of Wills whethel
the Letters,the first Letters should be revoked and new Letters
issued in accordance with the second will,it being later in date.
And the Register of Wills,at that time,certified the matter to the
Court for a hearing not unlike an appeal from the probate.And this
is the matter before Your Honor today.
I repres ent the Proponents of the second will,
and we are prepared to offer,testimony at this time by the two sub-
scribing witnesses as to the condition of Mary Madliak on September
25,1968 at the time she made the later will.
THE COURT:
MR.KELLER:
J.KuzdenYi.
MR.DISALLE:
Very well.
We would call as our first witness,Mr.A.
Would you enter the appearance of myself and
•
A.J.Kuzdenyi
Mr.Costa for Michael Hudock and Elizabeth Hudock?
A.J.KUZDENYI:IS CALLED AND SWORN•
}I:IRECT EXAMINATION BY MR.KELLER:
<z~Q Would you please state your name?
~>-III~A A.J.Kuzdenyi.
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Where do you live?
Luzerne Township.a short distance from Brownsville,Pennsylvania.
What is your business or occupation?
Lawyer.
Are you a licensed practitioner in the Commonwealth of Pennsylvanic ?
lam.
Where do you maintain offices?
In Uniontown.Brownsville.Daily in Uniontown;Brownsville in the
evenings.
How long haveyou beEn practicing law.Mr.Kuzdenyi?
Since 1952 .
Do you hold any public offices in Fayette County?
A Yes.I do;First Assistant District Attorney.Fayette County.
Q When did you first come to know about Mrs.Mary Madliak?
A I received a call in September of 1968,I believe the exact date was
about the 23rd or 22nd of September.from Mrs.Madliak,who is th
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wife of Andrew Madliak.
Q That would have been th~daughter-in-law of Mary Madliak.
P.That is correct.
Q And what was the purpose of the call?
I was requested to go down to the Brownsville Nursing Home to talk
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with her mother-in-law,Mary Madliak,for the purpose of preparin
a will and discussing other legal matters with her mother-in-law.
Did you go to see Mrs.Madliak?
I did go down.
On what day?
We went down,I went down on September 25 of 1968.
What tim e did you arrive?
We had made arrangements to meet Andrew Madliak and his wife at
the nursing home at 9:00 o'clock in the morning.
Did you meet them at that time?
Yes"I did.
Did you take a secretary with you or did you go by yourself?
I went alone.
Do I understand that Mary Madliak was at that time a patient in the
nursing home?
A From my understanding she was a patient.
Q And where was this nursing home?
A In Brownsville on Fifth Avenue and Church Street.
A.J.Kuzdenyi
Q What was her physical condition when you arrived?
A I met her for the first time that morning when we were directed to
her room.She was in the room and appeared to be quite alert.
We exchanged greetings and she sat on the edge of the bed while I
sat in a chair right next to her.And as far as I was concernedl
she seemed pretty well mentally alertl from the ques tioning that I
had conducted and from what happened during our discussion.
How long did you spend with herl all totalled?
I think I was there between 45 minutes and an hour.
Did you discuss with her the making of a will?
Yes l I did.After we had exchanged greetings and I was introduced
to her by her sonl I told her that she---it was my understanding she
wanted to make a will.And she indicated that she did want to make
a will.
Did you have any discussion with her about her family?
Well.she told me that she had the one son.Andrew.
Did she tell you anything about her husband?
My understanding.we didn't discuss her husband.but it was my
understanding at the time that her husband was deceased.The will.
of coursel indicates that she is a widow.But I did know her husban ~
was deceased.And as I recalll there was some brief mention of
the fact that the husband was deceased.
Q What did she ask you to write as her will ?
6
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A.J.Kuzdenyi 7
A We discussed the making of the will.Of course,I concentrated
my questioning with her rather than discussing with the son and
•
the daughter-in-law.She,when we began fo talk about making the
will,she turned to the daughter-in-law and asked,she said,"Helen,
you tell him what I want.II And Helen,who is the daughter-in-law,
all cases of this kind,to whom does she want to leave her assets
of debts and funeral expenses.Was this drawn at her request?
I notice that the first paragraph of this will calls for the payment
that was her request because I asked her specifically e.s we do in
And :hat was the way that I was to make the will.
I notice that the second paragraph provides that everything shall be
given to her son,Andrew Madliak,absolutely.Was this her reques ?
a will with a clause that indicates that the payment of just debts and
Of course,I talked to her about tm t.I said we generally prepare
funeral expenses should be made and she assented to tnat.
Andrew.
And then we discussed the matter of making the will at that point.
She indicated to me that she wanted to leave everythi ng to her son,
said,"No,you tell the lawyer exactly \Y'hat you want to put in the wi!."0(
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or a portion of her assets or whatever she has.And she indicated
to me at the time that she wanted to leave everything to Andrew.
Q I notice that the third paragraph of your will provides that Andrew
Madliak shall be named as executor and describes him as her son.
How did this come to be in the will ?
A.J.Kuzdenyi 8
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Well,I explained to her that at the end of the will we generally make
a paragraph or a clause which appoints somebody to handle the
estate.And of course,understanding that she did speak broken
English,I tried to explain to her that this is a person who is,we
call him an Administrator,in the will we call him an Executor,or
it's somebody that handles the will,who has the control of the will.
I made sure tha:she understood what I meant.And she indicated
to me that it was Andy that she wanted tohave take care of the will.
And so we inserted him as the Executor of the will.
Mr.Kuzdenyi,I show you here a yellow legal-size paper which is
entitled Last Will and Testament,and ask you.ifyou can identify it?
Yes.That's the Last Will and Testament that we drew up.I wrote
it in longhand at the bedside when I discussed the making of the will
with Mrs.lVIadliak.
this marked as an exhibit.
l'/IR.KELLER:
Are you going to mark that or not?
I am going to ask the Judge whether he wants
Let's see it a minute.THE COURT:
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l'/IR.KELLER:Since it is a principal paper in the proceeding
it may be that it is already a matter of record,having been filed
with the Register.
THE COURT:No.We will mark it as an
exhibit.
----~----------.--------------------------------------.....,
•
A.J.Kuzdenyi
(Stenographer marks Proponent's Exhibit 1,a yellow legal-size
paper entitled Last Will and Testament).
Q Did you see Mrs.Madliak sign this paper?
Yes.I asked her if she would sign the paper after we read the
I will to her and explained the paragraphs as well as I could so that
-~she could understand it.And then she agreed to sign it.I saw her
)-~~sign this"her name,to the will at the bottom.
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~Q I call your attention to this name over on the left side under the
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word llwitness"II and ask you if that is your signature?
Of course,the first name,A.J.Kuzdenyi,that is my signature,
yes.I signed it in her pres ence.
Now what is the second name appearing under your name?
~A The second name is Helen Madliak,the daughter-in-law,and she
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signed the will as a witness in my presence and in the presence of
Mary Madliak,the testatrix.
Mr.Kuzdenyi,did you have any discussion with Mary Madliak con-
cerning her property or assets?
Well,Yes.She talked about them while I was there.I didn't have
to ask her any questions about those things.It was my understandi~
that there was some difficulty with people by the name of Hudocks,
and she discuss ed them herself at the time that---after we had pre-
pared the will,indicating that they had taken c.are of ---
MR.DISALLE:This is objected to,Your
A.J.Kuzdenyi
Honor,as being incompetent,irrelevant and immaterial.in this
p:.~oceeding.
10
THE COURT:We will sustain the objectior"
property were.•
iLsofar as it pertains to what the decedent said about other persons,
but we will not object to her stating,if she did,what her assets and
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had or had earlier possessed in making your answer to this questior ?
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III~A Well,she indicated to me that she had a rather substantial sum of
estate located in Washington County.This real es tate,she said
money in the bank.And in addition to that,she had a piece of real
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that was being controlled by the Hudocks and also the bank account.
A:ld she wanted to be sure that the control would be taken out of
their hands.She wanted something done about it righ:away.
D:.d she indicate at any time that she had earlier signed a deed to
the property to the Hudocks ?
Yes,she did.She said she had signed some kind of a paper which
in some form effected a transfer of the real estate to the Hudocks.
But it w as a temporary thing as far as she was concerned.She
s~id she really didn't mean to give the real estate directly to the
Hudocks.
MR.DISALLE:If the Court please,this
is what we objected to before and I will object again.
A.J.Kuzdenyi
THE COURT:The objection is sustained.
11
The latter part of the statement as to what she meant to do.the
obj ection to that is sustained and we will order that answer stricken
from the record as being not responsive.
MR.KELLER:If it please the Court.we
would like to call to the attention of the Court the fact that one of the
problems in the administration of this estate may well be the
husbanding or recovering of assets which Mary Madliak at one time
had which may have been improperly taken from her.This would
involve both a substantial bank account and real estate.And this
is the reason for this question and the answer which was given and
we would ask the Court to accord us some latitude in introducing
this testimony so that the Court may have the full picture here.
THE COURT:
that matter in this proceeding.
MR.KELLER:
¥/e are not going to hear
All right.
(Cor.tinued direct examination by Mr.Keller):
Q Do I understand then that the principal assets which she referred tc
were a property,a real property and a bank account?
A Well.she had a third item in mind,what she called a strong box,
that she had in the house which she had fairly good sum of money.
Q Did she indicate to you.did you know how much money there was in
that box?
A.J.Kuzdenyi
A I didn't know how much money there was.no .
. Q You have testified that you were with her for 45 minutes to an hour.
is that correct?
12
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That·s correct.
What was her physical condition at the end of your visit?
~A Very good.Just as good as it was when I entered the room.
::>~Q During the period of your visit.did she change positions at all ?
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xl.II..3i Q Now referring to her alertness and her mental condition.did you fine
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anything in her behavior which would indicate that she was not com-
petent to make a will ?
It was my opinion at the time from my own observation that she was
mentally competent to make this will and that is why we wrote it.
Mr.Kuzdenyi.was there any element there in that room of other
people putting words into her mouth?
No.there wasn't.The son and the daughter-in-law were completel
out of the discussion of the will.completely out of the discussion
when we discussed the items in the will.
Were they in the room at all times?
They were in the room.
Did you indicate to Mrs.Madliak that you would prepare a more
formal-type of will?
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I did tell her that.It is our practice to write a will on the s pot and
t,hen go back to the office and prepa~e another type-written one
in a little bit;:more legal language.And we went back to the office
and did prepare such a will.
Do you have that will with you?
Yes,I do.It's in the file.
(StenograpHner marks Proponent's Exhibit 2,a type-written Last
Will and Testament).
Mr.Kuzdenyi.I show you a form of will which is marked Proponent s
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Exhibit Number 2 and ask you if you can identify this?
A Yes.This is the last will and testament that I dictated to my secretary
and had her prepare it in type-written form.
Q All right.Is this will executed?
A No,it is not.
I~And why was it not exern ted?
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A For the reason that when we were ready to take it down to Mrs.
Madliak to have her affix her signature to it,I learned that she
had had a stroke and was in the hospital.
~How long after the 25th of September was this?
A This was sometime in October,I imagine the latter part of the firs
week or second week of October.
Q Cross examine.
A.J.Kuzdenyi
CROSS EXAMINATION BY MR.DISALLE:
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Do you know how old the decedent was when you visited her?I
I did not know her exact age.I knew she was preity well up in years.1i
Do I understand that you have never seen her before this date?~
I had not.
Of September 25.
This was the first time I had seen her.
Did you know her son.Andrew.and his wife"Helen"before September
25 ?
I did not•
You did not know them?
No.
When you went to the nursing home and vIsited Mrs.Madliak.was
there anybody else"any other patient in the room?
Not in the room.
So just the four of you were in the room while this will was being·
written during the period of 45 minutes to an hour.
At one point I recall that one of the attendants.a lady attendant.
walked in and walked back out.That's as much as I can recall.
I don't know who she was.
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Q Mr.Kuzdenyi.did you know what nationality Mrs.Madliak was?
A At the time that I visited her"I learned tnat she was Slovak.She
thought that I was Slovak and I could talk to her in the Slovak
language.Of course.I could not.
A.J.Kuzdenyi 15
(~Well then were you not able to converse with her in any other langua/e
except English?
That's correct.
Before you went into the room"did you check with any of the
personnel or the authorities at the nursing home to see what her
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condition was and why she was there?
I called the nursing home the day before and talked with James
Cornelius,who is the Administrator at the nursing home,because
in cases of this kind,we want to make sure that the party is com-
petent or has lucid moments.And he indicated to me that she had
lucid moments and would be able to make a will.
Was that the extent of your conversation with him"that is on the
telephone?
At that time.yes.
Did you talk to him the day you went to the nursing home?
No"I didn't.
Did you ask him what he meant by lucid moments?
Well"I wanted to know whether or not she had lucid moments and
I said""You know what I mean by lucid moments?"He said"yes"
of course.he knew;periods when she would be rational.
t~Did he indicate to you that there were times that she was not ratione l?
A He said there were a few times off and on.
I~Did he say"did you find out when she went to the nursing home,wher
she was admitted?
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He did not tell me.And I did not know.
Do you know that today?
From conversation.
Was there any discussion between Mrs.Madliak and her son in
a language other than English while you were there?
Not that I recall.
Was there any conversation by any persons in that room in the Slove:k
language as far as you can remember?
I don't believe there was.I think that the only language used at
the time was the English language.
Was Mrs.Madliak able to converse in English?
Oh"yes.Broken"of course"but very well able to be able to be
understood.
16
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C'Q During the 45 minutes to an hour that you were there,did she"
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Yes"they were.They were off to the side of the room"out of her
view.She ·was facing me and they were over to her right.
Q But she knew they were in the room?
A Oh"yes.
Q In fact,it was the son or his wife who initially called you to prepare
this will.
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That is correct.
And did you accompany them to the nursing home?
I met them at the nursing home.
This will,I take it.is in your handwriting?
Yes,it is.
Did Mr.Cornelius tell you why she was initially admitted to the hom ?
D:.d who?
Mr.Cornelius was it?
I think I answered that before.I didn't know why she was there.
He did not tell you?
H2 did not tell me.
And are you telling the Court then that she gave you all of the infor-
mation that enabled you to prepare the will which has been offered
for probate here?
That is correct.
And in your opinion.did she have an'adequate and a complete knowle ge
oi her assets and what disposition she wanted to make of them?
I was sure of that on that day.because we don't make a practice
0:preparing a will unless the person is rational and knows exactly
what the so-called objects of her bounty are.
She talked about a bank account.is that correct?
Yes.she did.She mentioned the bank account.
Did she seem to understand what a bank account was?
Oh.yes.
17 I
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Q And she told you that she had made a transfer of her home~her real
estate?
A She indicated that.She didn't use the word transfer.I think she
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said something about giving or deeding.
But from the manner in which she talked about the real estate and
the bank account~you were of the opinion that she knew what she
was talking abo ut ?
I was sure of it,yes.
And she knew what she had done with the bank account and she knew
what she had done with the real estate?
That is correct.
And you say when you left that her condition was just as good as it
was when you got there?
Oh~yes.
I notice that in the will you have .the usual provisions for the payment
of debts and funeral expenses.Is that right?
Yes .
Did she not tell you that she had already paid for her funeral expensel::?
She didn't indicate that in any way.I explained to her that this is a
stock clause that is used in every will.But she did not indicate that
she had paid or ~hat they were to be paid or anything of that sort.
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Q When she said to Helen,Ilyou tell them what I want~I;what did Helen
say?
A.J.Kuzdenyi
Helen told her,!IIt's up to you;you tell him,you tell the lawyer
IIyourself.
(~Did either Helen or Andrew tell you what they thought the decedent
wanted in her will ?
19
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They did not indicate to me at any time that the decedent wanted
anything particularly placed in her will.I was supposed to go down
to talk with Mrs.Madliak myself and discuss the matter of making
the will•
Did you talk to Mrs.Madliak ~gain afte~thatJ after this date?
You mean Mary Madliak?
Yes.
I did not.
I take it then that you saw the decedent sign the will in your pres enCE ?
Yes .
That's correct.
riII:~Q And also in the presence of Helen Madliak.
I::o..~A That's correct•..I::
:Jg Q And that the two of you signed as witnesses in the presence of each
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Q That's all.
MR.KELLER:I have no further questions,
Your Honor.Do you have any questions of this witness?
THE COURT:No.
(witness excused).
--------------------:-----------~
Helen Madliak
HELEN MADLIAK IS CALLED AND SWORN.
DIR~CT EXAMINATION BY MR.KELLER:
20
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Would you please state your name?
Helen Madliak•
Where do you live?
Bentleyville.
What relationship,if any,did you bear to Mary Madliak?
Daughter-in-law .
Several days prior to September 2.5,1968,did you have occasion
to call Attorney A.J.Kuzdenyi?
I did.
a lawyer.We were told by a neighbor that Mr.Kuzdenyi was Slovakl,
1
and we thought we should have him,someone that she could talk to :Iinherownnationality,and that was why we called·him.We were
called in by the Administrator that she had been talking to him and
wanted something done.
Did I understand you to say that she wanted a will ?
Right.
And did you call Mr.Kuzdenyi?
I did.
Now had you visited Mary Madliak in the nurs ing home prior to the
25th of September?
A
Q•
Helen Madliak
A We did.
Q How many days prior to that?
A About three,1 I imagine.
How long had she been in the nursing home prior to September 25?I
the I
I don't know/exact date that she went in.I
21
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Your best recollection.
About a week or so.
What arrangements did you make with Mr.Kuzdenyi?
To meet him there on the 25th.
And was the tim e fixed at 9:00 o'clock in the morning?
Right.
Did you meet him there at that time?
We did.
...,..Q Prior to meeting him there did you instruct Mr.Kuzdenyi as to wha,t
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the purpo se of the visit was?
No.I told him that my mother-in-law wanted to see him in regard
toher---to a will,I imagine.
Did you give him any instruction at that time on the background of
your mother-in-law's problems?
No.
Q When you came to the nursing home room where your mother-in-Ia'
was on the 25th of September,would you describe for us wha.t her
physical condition was?
A It was all right.She was all dressed up,ready to meet him and in
Q You have heard the testimony here of Mr.K uzdenyi regarding what
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good spirit::and all.She said,"At last I'll get to get things off my
chest."That was what she said to us when we came in.
happened in the room at the time of that visit.Did you hear it?
I did.
And was his testimony substantially correct?
It was.
And if I asked you the same questions,would you give substantially
the same c..nswers that he did?
I would .
Based on your own observation,was she mentally alert that morning?
She was,yes .
Did she give any evidence of having good memory as to the memben
of her family?
She did.
In what way?
Well,she talked about---I donIt know what you mean,in what way.
Well,did she refer at any time to her husband?
She did .
What did she say about him?
Just the only thing she mentioned about why couldn't I have died
first and not have to go through all that that Pve been through since
he died.
22
Q Did she make any reference to her son?
Helen Madliak
I don't recall..
Well,did she refer to him in the cours e of giving instructions abod
the will?
23
A Yes ••Q In the course of her conversation with Mr.Kuzdenyi,were you able
her if she thought---she could speak the English language because
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.Yes.
What language did she speak?
When she talked to Mr.Kuzdenyi,in English.Becaus e I asked
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she made a first will that way and there was nobody,I mean it
was just lVIr.Costa and my in-laws.And she asked me then to
explain to Mr.Kuzdenyi and I said,"No,you want it done,you expl;in
the best you know how.You can do it.11
cDII:~Q And did she do so?
II:oa.~A Yes,she did.
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A She had glaucoma for one and she had Parkinson's Disease.And
I guess that was why she was there.
Q It has bee.n indicated that she had a stroke.Did this stroke occur
before or after the 25th of September?
A About a week after.
l
Q And where was she at the time the stroke occurred?
Helen Madliak
A In the hospital.
Q Would that be the Brownsville Hospital?
A Yes.
Q Why was she in the Brownsville Hospical ?
A She was at first admitted to the resthome and she felt that she needed
more attention,and in order to get into the nursing home under
Medicare.she would have to be in the has pital for,say,a week or
a few days anyway to be admitted to the nursing home.And she had
some trouble with her leg or her foot.And they admitted her on
that.And then while she was there she had this stroke.
Q As I understand.this nursing home in Brownsville has two units
then,the resthome and the nursing home.
A The resthome is more for people that can get around a little better.
And the nursing home.naturally,is for people that need a nursing
care and a doctor's care.
Q On the day when you were there with Mr.Kuzdenyi,which home
was she in?
A In the resthome.
Q Did you see Mr.Kuzdenyi writing this will?
A I did.
Q Did you see the will in the room that day?
A I didn't read it after he wrote it.I saw him writing it.
Q You saw him writing it.I show you a paper which is marked Pro-
ponent's Exhibit Number 1 and ask you if you can identify this as tb
24
Helen Madliak
will you saw prepared that day?
A Yes.
25
•
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A
I call your attention to the last name at the bottom of the page and
ask you what name that is?
Mine.
~Q Is that Helen Madliak?z~>~A Yes.IIIzZ\&I
It.Q Did you sign this?
zo....~A I did.
:rUJ;Q Did you see Mrs.Madliak sign her name to this will?
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I did.
Did you see Mr.Kuzdenyi sign his name just above yours?
Yes .
What discussion or reference did you hear Mrs.Madliak make in
the course of this visit to her assets,her worldly goods?
She mentioned about the money that she had in the bank and the
property,the things that she had at home in the house,the furni:ure
and so on,and she mentioned about the will,having it made,that she
had given the Hudocks enough of everything for what they did for
her and she wanted my husband to have the rest.She said they
were paid,and besides that,they were given money and different
things.
Did she make any reference so far as you recall about a lockbox
or a metal box?
Helen Madliak
A Yes l she did.
Q Cros s examination.
CRCSS EXAMINATION BY MR.DISALLE:
26
Q Mrs.Madliakl did you say that your mother-in-law went to this nurE ing
home about a week before this will was made?
A I would think it was about a week.I'm not sure.I'm not definite
on the date.
Q And how old was your mother-in-law?
A 72.
Q How many times did you see her during that week.before this will
was made?
A I saw her once.My husband was there more often because I worked
and I didn't get a chance to go.
Q You saw her once before the will was made?
A Yes.
Q Was that the day before?
A I don't think.
Q Can you tell us how many days before the will was made that you sa,
her?
A About three.
Q About three days before?
I.
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Helen Madliak
Yes.
And did you go alone or did you go with your husband?
No,I went with my husband.
How much time did you spend with her on that day?
About a half hour.
And what was her condition then?
All right.She was in good condition.
Was she mentally alert?
Yes.
Did she know what she was talking about ?
She was the same as she was at horne.
How was she at horne?
All right.She knew what she was talking about.
When you say at horne,whose horne do you mean?
At her own tome.
Did you visit her often in her own horne?
No,I didn't.
Did you visit .her at all in her own horne?
Yes.I did.
About how many times did you visit her.let's say during 1968?
27
MR.KELLER:If it please the Court,we
would obj ect to this line of cross examination as being beyond
the scope of direct examination and irrelevant for the purposes of
this hearing.
THE COURT:
Helen Madliak
The objection is overruled;exception noted.
28
(Stenographer reads back last question).
A Not too often.
Q Was it more than five or less than five?
A It was more than five;much more than five.
Q Now Mr.Kuzdenyi testified regarding lucid intervals.Was she
only rational at tim es when you visited her during these occasions
or was she always rational?
A She was rational;she was all right.
Q She was always all right as far as you knew?
A That's right,asfarasIknew.
Q In other words,are you saying that you never noticed anything in
her during one or two years before she made her last will that
we are talking about today that indicated that she wasn1t competent
mentally?
A She was competent.She couldn't understand everything at all times
when it was put to her,but she knew if it was explained thoroughly.
Q She understood English if it was explained to her?
A Right.
Q When did you find out that she wanted to make this will ?
A I don't know what day it was Mr.Cornelius called.She had been
talking to one of the women at the home and relayed everything to
her and this woman in turn called Mr.Cornelius and asked him to
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talk to her and she told him the same thing and that's when they callEd
us in.
Did Mr.Cornelius call you then?
Yes.We had no intention of doing anything"if that's what you'r.e
implying.
Until you got the call from Cornelius.
Right.
He is the Administrator of the nursing horne.
That's right.It was her wish.
In other wo rds,when you saw her threedays before the 25th of
SeptemberJ she didn't say anything to you about making the will?
She talked something about it but we didn't press it.We let it go.
You didn1t put the idea in her head?
No"we did not.
Did you say she had glaucoma?
Yes,she did.She had lost one eye,the sight in one eye.
Was she otherwis e able to read?
She could read,yes.
Could she read and write English?
No,she couldn't read and write English,but she could read in her
own language.
29
Q Was this will read to her after it was written and before she signed t?
A Yes.
Q In English?
Helen Madliak
Yes.
30
<Q
Q
Was it your impression that she understood the will before she signee
it?
We asked her if she did and she said she did.
And you said she had Parkinson's.
Between April of 1965 and September of 1968.where did she live?
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That's right.
Did that affect her mind at all ?
It didn't seem to.
MR.KELLER:Excuse me,what were thos e
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dates?
April of '65,that's the date of our will,and September of '68 is the
date of your will.'Where did Mrs.Madliak live during that period?
In her own home.
What was the address?
112 Dallas Street.
In Bentleyville?
Yes.
Where were you living,you and your husband?
Lavel.Street iri Bentleyville.
Q Did you see her often during that three-year period?
fl.No.I didn't.
MR.KELLER:If it please the Court,I
am going to obj eet to this.Mr.DiSalle 0 bj ected to our introducing
Helen Madliak
testimony th~s far afield from the hearing and we would make our
objection on the same basis.
31
MR.DISALLE:If the Court please,the
•
testimony of the prior witness was that the Administrator told him
she had luck intervals and we want to see whether this decedent
period in 1968,but not 1965.
as to the entire period.But we will permit questioning as to the
was rational during that three-year period or whether there were times~z
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when she was not.
THE COURT:We will sustain the objection
-VVell then,are you telling us,Mrs.Madliak,that there was no time
in 1968,as far as you knew,when Mrs.Madliak wasn't fully com-
petent and knew what she was doing?
•
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cria::~That's all.
GII.~(witness excused).
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uii:~A~DREW MADLIAK IS CALLED AND SWORN •
DIRECT EXAMINATION BY MR.KELLER:
l~Will you state your name please?
A Andrew Madliak.
,~Where do you live?
A Bentleyville.
I -----------,.-------------------------
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Andrew Madliak
What is your relationship to Mary Madliak?
That's my mother.
Are there any 0 ther living children of Mary Madliak?
No,sir.
You are her sole surviving family?
That's right.
Mr.Madliak,were you present in her room in the resthome at
Brownsville on September 25,1968?
Yes.
When she made her will?
That's right.
Were you able to hear the conversation and see the things which
transpired between her and Mr.Kuzdenyi?
Yes.
Have you heard his testimony here this morning?
That's right.
Have you heard the testimony of your wife here this morning?
Yes,sir.
If I asked you the same questions,would your answers be the same.
The same way,sir.
Cross examine.
32
Andrew Madliak
CROSS EXAMINATION BY MR.DISALLE:
33
i~'Do you know of any period that she wasn't rational and wasn't competept?
•
A No~sir,I don't.
And did you visit her often in Bentleyville at her horne?
Quite often.
room by Mr.Kuzdenyi.
Mr.Keller asked you if you heard everything that was said in the
-R.So far as you were able to determine,she was always rational and.0(
~>competent up to the time that she made this will in September of '68?
Col:0:
~Yes.
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Yes~I did.
And you heard his testimony and his testimony was correct?
Yes .
And you heard everything in the room that was said about your mothe
by your wife?
Yes.
And your wife's ::estimony in that respect was correct?
That's correct.
So when your wife said that she heard your mother say that she had
already given the Hudocks enough and she wanted to leave you what
was left~was that tr:..1e and correct?
A That's exactly what she said.
Q That is what your mother said?
A That's right.
Q That's all.
(witness excused).
34
MR.KELLER:If it please the Court,this
is E'1e case on behalf of Proponents and we would rest at this time,
after moving for admission into the record of the two exhibits,the
original will and the typed will,both prepared by Mr.Kuzdenyi.
THE COURT:The two exhibits will be
received in evidence and made part of the record.
MR.DISALLE:"Ve have no testimony,Your
Honor.
THE COURT:
orandums with the Court?
MR.KELLER:
Do counsel wish to file mem-
Your Honor,we are willing
to submit a memorandum to the Court if it is your request.We,
however~believe---
THE COURT:It is not my request.But
we always permit counsel to file a memorandum if they so desire.
The Court makes no request for one.
MR.KELLER:We would not plan on filing
a memorandum then,Your Honor.We think that the law is well
established in this field and the testimony here is undisputed and
we believe quite clear and meeting the standards required by the la Iv.
MR.DISALLE:We will not file a memor-
andum.
35
Very well.The case is
(Proceedings Closed).
THE COURT:
****** * * ****** * * **** * ***
closed.
above cause is hereby approved and directed to be filed.
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::I hereby certify that the proceedings and evidence are contained
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Cll fully and accurat ely in the notes taken by me on the hearing of the above
lti0:1&1~cause,and that this copy is a correct transcript of the same.oll.~~~
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o~The foregoing record of the proceedings upon the hearing of the
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X~Transcript co~pleted -April 28,1969
~
••
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY.PENNA.~
ORPHANS'COURT DIVISION
L'J RE:
ESTATE OF
MARY MADLIAK.
D~ceased.
)
)
)
)
)
)
)
No.155 of 1969
BEFORE:
APPEARANCES:
TIME:
HEARING ON CITATION
THE HONORABLE PAUL A.SIMMONS,Judge
of the said Court.
MELVIN B.BASSI &PATRICK J.REGA.ESQS.,
of Charleroi,Pennsylvania,representing
the Respondents.
CHARLES C.KELLER &ROBERT T.CROTHERS,
ESQS.,of the firm Peacock,Keller,Yohe
and Day.of Washington,Pennsylvania,
representing the Petitioner.
I
April 29 &30,1974.
JACQUELINE HAMMOND
Official Court Reporter
Orphans'Court Division
-----r-------------------J---J
INDEX TO WITHIN TRANSCRIPT
e W I T N E S S Direct Cross Redirect Recross
~-:c A.J.KUZDENYI,ESQUIRE 18 44 47>..J:-D
i:i ANDREW P.MADLIAK,JR.51 72 96 99L-0lr-Q As for Cross by Cross by Mr.Rega
Cl Mr.Crothers<~MICHAEL HUDOCK
~103 142lJ206i:I-232 225!!
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E X H I BIT S
PETITIONER'S EXHIBITS:
1 -Photostat copies of summary sheets from Brownsville
General Hospital for Andy Madliak,showing the date of
his admission as 4-15-63.
?-Photostat copies of Havencrest Nursing Home Summary
Sheets for Andrew Madliak,Sr.and letters from
Torrance State Hospital.
3 -Photostat copies of summary sheets from Brownsville
General Hospital for Andy Madliak,showing the date
of his admission as 2-6-65.
4 -Photostat copies of summary sheets from the Washington
Hospital for Andy Madliak,showing admission dates
6-1-67 and 7-28-67.
5 -Medical Report on Andrew Madliak,Sr.from the Center-
ville Clinic.
6 -Letter dated March 20,1974,addressed to Mr.Charles
C.Keller,Esquire,from Saul Greizman,M.D.,Acting
.Superintendent of Torran~e State Hospital.
7 -Photostat copy of a cancelled check and Agreement
Establishing a Joint Account in the Charleroi Office o~
Mellon National Bank &Trust Company.
8 -Photostat copies of cancelled checks and savings account
deposit slips ,for Mellon National Bank &Trust Company.
9 -Photostat copies of Summary Sheets from Washington
Hospital for Mary Madliak,showing admission dates
of 7-11-58 and 5-31-68.
RESPONDENTS'EXHIBITS:
A -Deed dated January 31,1968,between Mary Madlak,also
known as Mary Madliak,and Michael Hudock and Elizabeth
Hudock.
B -Photostat copy of Agreement Establishing a Joint Account
in the Charleroi Office of Mellon National Bank and
Trust Conpany.
C -Photostat copy of a bank statement from Mellon National
Bank and Trust Company in the name of Andy Madliak
or Mary Madliak or Michael Hudock,Savings Account
Number 20734.
THE COURT:
MR.CROTHERS:
Do you want to proceed,Mr.Keller?
Your Honor,w~rd like to call as our
4
first witness,Mr.A.J.Kuzdenyi.
THE COURT:As I understand,this is the time and
place set for a hearing in regard to certain petitions
filed in the estate of Mary Madliik~is that correct?
MR.CROTHERS:
THE COURT:
Yes.Your Honor.
And as I understand further,there were
several stipulations that you gentlemen want to put on
the record before we actually start the trial of the ca e
concerning the medical records,a deed and certain
bank recoTds.
MR.CROTHERS:Yes,Your Honor.There were three
stipulations-which we have.
THE COURT:Mr.Rega,would you come forth here?As
I understand it,would you tell me please what you
are willing to stipulate to now in order to expedite this
matter?
MR.CROTHERS:Your Honor,we are willing to stipulate
that a deed which was drawn from Mary Madliak,a widow,
in January of 1968 conveying a parcel of land to Michae~
Hudock and his wife,which is of record in Washington
County dated February 1,1968,is authentic and the
-----------
5
;
;such recordauthenticityof is stipulated to,that it i
II of record Washington County.1n
THE COURT:Kow just for my own understanding,this
,deed,according the plea,dings,dated January 31..,to was
~,e ......
MR.CROTHERS:Yes,it's dated on January 31.It is on
~~.record as of February 1st.
>oJ>-enzz '='HE COURT:Is the deed dated January 31st?IIIL
'i.0t-el MR.REGA:Yes,Your Honor.z
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~THE COURT:As I understand,the deed was recorded in
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:t:Deed Book 1272,page 653...;II
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u MR.REGA:On the first day of February;1968.
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...THE COURT:That stipulated to.Is that agreed andr-1S('I
iii stipulated to,the deed is authentic?a:IIIt-a:0D-III MR.REGA:Yes,Your Honor.a:
I-a:::>0u MR.CROTHERS:Yes.oJ
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0 THE COURT:The next I think had to do with certain
e medical records that you wanted stipulated to as far
as their authenticity is concerned.I
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MR.CROTHERS:Yes,Your Honor.It's been an agreemen1
of counsel we'd like to stipulate at this time to the
authenticity of medical records.
r---------.,~-------------------------~r_----
T:-IE '::;OURT:Would you have those marked as exhibits row,
so that we will know what we are talking about?
to beintroduced,if you want to mark the original deed.
MR.::tBGA:
MR.::tEGA:
as an exhibit'?
I T:-IE COURT:
~z«~>-nzz1:1Cl.
ZoI-~MR.IELLER:
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01
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Your Honor,would you like the deed marked
We could mark it as an exhibit if it's going
Yes,Your Honor'.
That would be Respondent's exhibit,whate~er
and the petitioner's exhibits we will mark one,two and
it,these exhibits can be used interchangeably by both
parties,the deed and medical records and soforth.Is
that my understanding?
three and so on.Is that agreeable?
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MR.~EGA:
T:IE COURT:
MR.lEGA:
MR.CROTHERS:
We will mark it Respondent's Exhibit "A",
As I understand
Yes.They are agreed to.
As far as their authenticity is concerned.
Yes.
Your Honor,of the medical records,I'd
like to f~rst admit the medical record which is dated
4-15-63 ftom Brownsville General Hospital.It's a
medical record of Andrew Madliak,Sr.
-.-----+----------------------+-_----1
7
THE COURT:That is marked as Petitioner's Exhibit 1.
M~.REGA:I don't want to anticipate Mr.Crothers,
•
Your Honor,a's ,we indicated earlier,we will stipulate as
to the authenticity of the record,but we will not
stipulate as to any correspondence attached thereto.
1S not authentic?
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Do you deny that the correspondenQe
We don't deny that it is not authentic,lut
it is not a record .
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MR.REGA:
THE COURT:
He can tear it off,can't he?
Yes.
As I understand,all of these-documents
thatyou can give opposing counsel?
authenticity only at this point.Relevancy of these
documents,their probative value and whatnot will
are at this present time being marked is¥exhibits for
Do you have copies of t esebedeterminedinduecourse.
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copies of them and they have had an opportunity to revi w
all the records.We are going to provide today and have
asked for copies of them,which we have provided for
them.Your Honor,the second exhibit that I'd like to
introduce are the medical records also of Andrew Madlia~,
-.
Sr.,that are dated July 13,1963 from the Havencrest
Nursing Horne.
THE COURT:
~R.CROTHERS:
Those will be marked Petitioner's Exhibi 2.
There is a correspondence which is to
a gentleman who is the Superintendent of Torrance
State Hospital in re:Andrew Madliak,Sr.,which relate
the nursing horne stay of Andrew Madliak,which is part
of this record that we are concerned with.This
correspondence relays what action was taken in reg~rd t
Andrew Madliak,Sr.,at the nursing horne and is a sum-
mation of the entire record.And Mr.Rega objects to
the fact that it is a correspondence.
MR.REGA:Yes.It states an opinion that is not m de
In the regular course of the examination.
MR.KELLER:If it please the Court,this is part of he
medical records for this man from the Havencrest Nursin~
Horne.That is all we are putting it in for
THE COURT:I think it ought to be marked,and I'll
tell you why.One,we are not admitting to the relevan y
or the probative value of any of these exhibits at this
time.And I think you can rely on the Court not to give
it probative value if it has no probative value.
MR.REGA:I agree,Your Honor.
~------------~---~---~--------------------.------.
9
THE COURT:You can object if the Court does imprope ly
give it relevant probative value.You may object if yo
think I made.;a mistake in the matter.
MR.REGA:I agree.But we agree to stipulate to bu iness
records.and their authenticity;not correspondence that
passed between individuals involved.
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MR.KELLER:
Is the correspondence part of the record ?
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It is part of the medical record of this case.1
~MR.CROTHERS:It is the part of the business records
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of Havencrest Nursing Home.
T]E COURT:Are you gentlemen willing to stipulate
to this or not?I mean is this going to make that
much difference not to stipulate to it?
take a Deposition of an appropriate official from
Torrance,and this is merely confirmatory.It's part
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MR.[ELLER:If it please the Court,we are going to
Ie,
-..of the information that Torrance asked for.I think
their real chance to defend on this if they want to is "hen
the man is deposed from Torrance.
MF..REGA:
rEE COURT:
MR.CROTHERS:
We will accept that.
Mark that.Are these for Andrew Madliak?
Yes,Your Honor.Your Honor,I'd like
to introduce now a second set of recoidssof the
Brownsville General Hospital at this time,dated Februa y
6,1965,also of Andrew Madliak,Sr.The next set
of records are also Andrew Madliak,Sr.,the medical
records from the Washington Hospital.This will be
Petitioner's Exhibit 4.This set of records,Your Honor
includes two diagnostic sessions at Washington Hospital
one of which was in June of 1967,and the other which
was in July of 1967.
Your Honor,as Petitioner's Exhibit 5,
I'd like to introduce medical records from the Centervi Ie
Clinic,w~ich are not dated.but include a period from 963
through 1967,also of Andrew Madliak,Sr.
Lastly,Your Honor,we'd iike to introduce
the correspondence between Torrance State Hospital,in
re:Andrew Madliak,Sr.,dated March:2.0,1974,concernil;g
the records of Andrew Madliak,Sr.,from the year of
1967.
MR.REGA:I am going to have to object to this.Tlis
was correspondence in response from the attorneys
representing the petitioners.
THE COURT:Isn't this like a summary of records that
they have up there?
MR.REGA:But it's not a business record.It's not
11
something that was made in the course of examination
during regular business.
THE COURT:Let's put it this way:do you agree
that this is an authentic record?Remember now,we
I e not getting into the probative value of it;justare
~merely that thi:s is an authentic record for whatever
I ·<~it is worth.Remember,we have indicated in our
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~to cross
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Q examine any doctors or any person who made these record I;•
I-0·ii<MR.REGA:Yes,and I agree to records,business~
.=records.G
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Q It's impossible for it to hurt you,isn't it?::l..
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acceptable in every Court in the state.
':'HE COURT:For the sake of the authenticity of it,
don't you agree this is an authentic record from Torral ce?
I MR.KELLER:We would ask that the record reflect th.t
the letter is not only authentic as being from Torranc ,
-
12
but it is also an authentic account of the records of--1
THE ·COURT:Don't you think'later on you will have t1
put a medical man on or somebody from Torrance when you
depose to say that this is authentic?
N~R.·REGA:
~:!:~was taken.~i:;
:!:..~N~R.KELLER:
Or the records from which that summary
We are willing to get the deposition of
somebody from Torrance who testifies as to the condition
of the man when he came up there.All we want now is
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an acknowledgment ~·,of the letter from the Administrato
giving us a summary of the medical records that he
accurately summarized the medical records that they hav •
That is all we are asking for at this point.
would be up to me to ~etermine the proba,tive value.
I haven't seen the records.I will stipulate it is a
letter fDom Toirance Hospital,somebody from Torrance.
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THE COURT:
MR.REGA:
I can't stipulate they are accurate
That's all you can stipulate.And it
But I won't stipulate it is an accurate
summary because I haven't seen the records from which
it was taken.I will stipulate it is a letter from
Torrance Hospital.
MR.KELLER:We would certainly want it stipulated th~t
it speaks for itself.
THE COURT:That IS up to the Court to read it and
determine in the Court's mind whether or not it has
probative value.
MR.KELLER:For purposes of identification,it's a
letter dated March 20,1974 signed by Saul Greizman,
.Acting Superintendent of Torrance State Hospital.
T3E GOURT:He agrees that it was sent from Torrance
Hospital.He's not arguing that question.He's arguing
the fact that Mr.Greizman didn't summarize it properly
M1.REGA:
typed it.
THE COURT:
0t the secretary made a mistake when she
I am merely quoting ~r.Rega's objection to
it being received at this point as probative evidence.
Anything else?What about the bank records that you
mentioned?
MR.F:EGA:Yes.With permission of petitioner's
counsel,I would like to introduce as Respondent's ExhiDit
"B",copies of the bank signature card and an agreement
establishing a joint account,dated July 12,1967.
THE COURT:Are you going to have them as single exh bits
or all papers as one exhibit?
~F..REGA:The bank signature card and joint agreem~nt
, A
lS one exhibit attached,for the reason that they
comprise a total agreement.
card.Actually,there are two signature cards.It's an
M1.REGA:Yes.Well,the agreement is the signature•
T:fE COURT:The bank signature card and the agreemen1.
integrated document.
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MR.REGA:
Do you have another exhibit?
.Yes.As Respondent's Exhibi t "C",I wouIe
like an integrated document.
Andrew Madliak,Sr.,Mary Madliak,and Michael Hudock.
Petitioner's Exhibit Number 7 a copy of Mellon National
like to introduce the history of the joint account of
Bank records,two of which are attached,the first of
which is an agreement establishIng a joint account in the
Yes.As Respondent's Exhibit "C"I would
The Petitioner would like to introduce as
Do you have another exhibit?
MR.RHGA:
THE COURT:
MF:.CROTHERS:
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names of Andrew Madliak,Sr.,Mary Madliak,and Andrew
Madliak,Jr.,and attached to that is a withdrawal
statement signed by Andrew Madliak,Sr.,removing the
entire sum which was in the account that was already
established.
THE COURT:Just for my information,your "A","B"an~
15
"C",was that also Mellon Bank too?
MR,REGA:.Yes.
MR.CROTHERS:The removal of the funds from t~e deposi
Ie or withdrawal statement is as of June 8,1964,Your Hon r.
times between 1965 and 1969.
Any other exhibits you might have?
of Mellon National Bank on account 20734 dated at vario)s
the account,which is Respondent's Exhibit "B".This
Your Honor,you asked earlier where the ~abor-
On the account.Drafts and deposits on
This is a record of drafts.
Yes,Your Honor.Thereis Petitioner's E hibit
You want thatas your Exhibit 7.
1S a copy of the records which are the drafts and
deposits on the account which is Respondent's Exhibit
8.We'd like to introduce the drafts and deposit record~
NR.KELLER:
MR.CROTHERS:
~IR.CROTHERS:
THE COURT:
':'HE COURT:
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ing oar is in this,and it appears to me we may have
the cart before the horse.We are here at a hearing
on a Citation which was issued on Respondent,amounting
to a rule to show cause why they should not p~oduce
certain assets and turn them over to the personal
representative in the estate.Now the purpose of this
1 {..
hearing is to receive their response in the form of
testimony,and then to examine by testimony whether or
not they should be required to turn these things back.ut
it seems to me that prima facie,they have filed an
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these assets under certain circumstances,and we think hat
the first step ~ould be for them to take the stand and
to answer the rule and to establish that they either
do or do not have the assets,and what their claim to
them is,and then we will go into the question of wheth r
or not their claim is proper.
MR.REGA:Your Honor,the very reason for the
stipulation of the deed and the bank account was to
establish that we have in our possession,in support of
the admissions that we made in our responsive pleadings
that we have possession of the funds that are in the
joint bank account and of the property which was
deeded us,as the records indicate already.I believe
that for us to----
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going forward.
MR.R3GA:
The issue now is who has the burden of
Right.Now we have established at least
prima facie the right to these items.Now the burden i
upon the petitioner to prove the allegations in his.
petition','which ,:,ouid j us'ti~y.hi~in reI ieving us of th [)S e
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properties.Mr.Keller cannot,by claiming that this i c
a rule for an accounting,change the substantive burder
of proof.which he must show here.
MR.CROTHERS:Your Honor,I don't think Mr.Keller is
attempting to change the shoulders of the burden involv(d
that account.There are no assets.
that an account did exist.That does not indicate to us
closed.'So we do not know the existence of assets in
of the assets and the stipulation of the bank records
I would say that prima facie,when they
exactly the positionof the assets that exist.Now
exist.We have stipulated as to bank records which indicate
the stipulations that we made were to a deed for real
estate.We have all agreed here that the real estate does
the existence of the assets at this present time.Mr.
Rega has answered you by saying he introduced them to stow
the right to the assets.We do not know the existence
here.I think what he is trying to do is determine
in this case shows that the bank account in this case was
filed their answer,they satisfied their immediate
THE COURT:
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burden,because otherwise,we would have made the matter
absolute,and they would have been bound to fork over tte
various properties.But since they did answer your
Petition,the burden now is on you to prove the averments
in your Petition,to the effect that these properties
are the properties of the estate of Mary Madliak.I wotld
-'------~f-------------------------__+_--_I
K1l7dp.nv;1 Q
say thatyou have to go forward now.So do you want to
I=resent your first witness?
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MR.CRC'THERS:Certainly,Your Honor.The Petitioner
calls as the first witness,Mr.A.J.Kuzdenyi.
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C A A.'J.Kuzdenyi.e .J0(
U0 Q '{our address?:l.,
:t Lewis Street,Brownsville;Pa.I-A 1110,..
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THE COURT:You may.e
MR.CROTHERS:Your Honor,Mr.Kuzdenyi
is going to testify as to---
THE COURT:Do you want to make the
offer at side bar?Do you think that would be
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the proper thing to do?
SIDE BAR,recorded as follows:
MR,CROTHERS:Mr.Kuzdenyi is going
to testify as to his immediate knowledge of Mar)
Madliak,how he got to;know her,that he wrote
a Will for her,and what date that Will was
written,the physical and mental condition of
Mary Madliak at the time of the Will,and state
ments by Mary Madliak concerning her assets and. .
,
~ro~erty'existing ~i the time he wrote the Will.
MR.REGA:I want to object to that
as being irrelevant.The state of her mind
at the time that he drafted the Will has no
material bearing on this proceeding.All of the e
transactions took place some two years prior
to that time.And as to her recital of her
assets,I don't see that that has any particula
bearing on this proceeding either.And this iss e
has all been decided in the Will Contest.
is a matter of record.
MR.CROTHERS:The Will Contest said
This
nothing about the assets that existed in the
Mary Madliak estate.That is the contest here.
Kuzdenyi.20
The Will Contest was what was used to question
the validity of non-validity of the two separat
instruments,which one will be probated in the
Court.The question of what Mary Madliak believ d
to be the assets of her estate is relevant~
he wrote the Will~---
would have to know in order to co~fer with her
this issue?What she believed at the time that
that she should know two things.The testatrix
Of what relevance
I don't understand.
That is the object of her
I think it is very import nt
What relevance is that in
MR.REGA:
THE COURT:
MR.REGA:
THE COURT:
MR.REGA:
testimony.
They were not part of her estate at the time.
number two,the assets.I think it would be
relevant,really.These are things that would
have to be known by her attorney.
attorney,one,the objects of her bounty;
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THE COURT:We will receive it
anyway,pro forma,and if we think it is irrelev~nt
later,we will exclude it from our consideratio~.
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Kuzdenyi 21
MR.REGA:I would object on the
second ground to any oral testimony that would
raise any question a-bout the bank account or
no'oral testimony is admissable to contradict
their probative value and relevance later.
All we have stipulated to,they are authentic.
facie written a'greement before the Court and
\
Parol
I misunderstood the stipu-
Well,remember,those
They are here in the evidE;nce.
The bank record and deed
What she believed afterwards
MR.REGA:
THE COURT:
THE COURT:
MR.REGA:
has no bearing ,on this issue.There is a prima
that writing.
lation.And I would like the right to put it on
Remember.we specifically said we would consider
are before the Court.
never been introduced.
documents aren't before the Court yet.They have
'the dee~_~ould be in ,~iolation of the•\...
Evidence Rule.
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THE COURT:Your rights are preserved in
the normal course of presenting your case.You
will be allowed to present your exhibits and
Kuzdenyi 22
they will present their exhibits.
MR.REGA:No.I have the burden
initially to put those on record.
he has the primary burden.
the objection to·:the Parol Evidence Rule.
stipulated--if that is the case,then I waive
what we have done as to these exhibits up to th s
Let me say this,so you
I thought that we
I agree with him.I think
You don't have the burden
THE COURT:
MR.REGA:
MR.KELLER:
THE COURT:
testify to these things to show they are genuin .
As to the extent of the relevancy or the
the record librarian;they don't have to bring
in the Recorder of Deeds and those people to
point is to obviate the necessity of you bringi~g
in bank officials to say this is the type of
form they signed.He doesn't have to bring in
can get your thinking squared out:the only th ng
these exhifuits are at this point,the upshot of
to do anything.You want to reserve yourself.
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determined.I haven't determined pro·or con on
that.
-----:---+----------------..:-----------.+---1
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Kuzdenyi
)1R.REGA:How do I preserve my
23
evidence to the Parol Evidence Rule,if you let
it in?
THE COURT:You can later on object
and ask the Court to strike out any testimony
THE COURT:How can it be done?There
that relates to the documents,if and when~z~>~>-III
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that tine comes.
MR.REGA:
point.
The damage is done at tha
is no jury here.I certainly can exclude,as
a Judge,I know how to exclude consideration
of documents that are irrelevant,if they are,
in fact;irrelevant.What you forget is we don't
and there would be no other testimony.
t€stify'as to what she thought was in her estat~
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have a iury here.
MR.REGA:
THE COURT:
I understand he can merel'
I would say he would know
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this:he~would;haveJt6 know who drew the Will.
MR.REGA~There will be no testimon r
as to her mental competency.
THE COURT:We'll have to play it by
ear.Other than what we have brought out in th~
Kuzdenyi 24
offer,of course,they are bound by it.
MR.KELLER:At least one of the inqui~ies
in this case is whether or not Mary Madliak and ~er
!
husband may have been defrauded or buncoed
the knowledge that this witness has about what
loss of the assets that she had would be relevant
him concerning the assets that she had or the
And certainly,~
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in this particular hearing.
out of the assets of their life.
she thought she owned or what she may have told
or created the joint account was a complete act
thought two years after she did something is
of no importance;when she deeded the property
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at that time.And there was nothing irregular
about that ·c'onduc't.
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question.
But that is your basic
......:>MR.REGA:I am saying they can't
prove there was an irregularity by testimony thct
took place two years subsequent to that act;
subsequent conduct has no bearing on prior acts.
MR.CROTHERS:We are not trying to prov(
the irregularity of the instruments that Mr.
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Kuzdenyi 25
Rega has introduced into this case.We have
I
assumed to the stipulation that the deed is a
,valid instrument of record in Washington County
What we are contesting is the background behind
:-.
~,e this obi ection'.
~MR:REGA:What they are saying is t atzr0(>..J there is a deed and a prima facie agreement on>-IGl
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0 contradict those admitted writings ItotwoyearsI..,
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Q Are you licensed to practice in Pennsylvania?
A I am.
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Q Where is your practice located?
I
A Fayette County,Uniontown.
Q How long have you been in practice?
-
A 22 years last February.
Q When and under what circumstances did you first corne
....v
date.September 22.1968.was the date of the call.
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to refer to my telephone call book to know the exact•
A
to know the decedent,Mary Madliak?
I received a.phonecall from Andrew Madliak,Jr.I have
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This call was made in connection with the mother,who
was at the Golden Age Nursing Horne.It was indicated to
me that she would like to see me to have her make a Wil .
Where did you meet Mary Madliak?
I met Mrs.Mary Madliak---I'm not sure---I think the
name---there are two areas.One is a Colonial Manor
where the ambulatory patients remain,and the other is
the nursing horne.This was at the Colonial Manor.But
prior to going to Brownsville,I called the Administratc r ,
who is James Cornelius,to ask about the mental condit·on
of Mrs.Madliak to determine whether or not she would
be competent to make a Will.And after discussing the
matter with him,I proceeded on to Brownsville to see
What was the purpose of your visit to Brownsville then?
To talk to her about making the Will.
What was the physical 'condition of Mary Madliak at the
time of this?
MR.REGA:I object,Your Honor.
I don't see the relevancy of that question,as t
------"'1t"""---------------------------+---1
Kuzdenyi
bears on this proceeding before the Court today.
2:
THE COURT:I'd have to sustain that.
I don't see how that 1S relevant at this point.
What then was the mental condition of Mary Madliak at
this time?
MR.REGA:
THE COURT:
I will object.
I will have to sustain it.
MR.CROTHERS:Your Honor,the object
of determining the mental condition of Mary
Madliak is to determine the validity of the Will.,.
THE COURT:As I understand it,there
has been a prior litigation of the validity of
the Will.It was held that Will was a valid Will.
MR.REGA:Moreover,Your Honor.
Mr.Kuzdenyi can testify as to the time much
later than any transactions before the Court tocay.
THE COURT:As I understand it,thougt.
she did execute a Will,and that a prior judge
in this Court has held the Will to be valid.Is
that correct?So evidently,she had her
faculties about her.
MR.~ROTHERS:As of that date,we can
-'------~f--------------------------_I_---
Kuzdenyi 28
presume that Mary Madliak was of sufficient men al
condition to write a Will.Is that correct?Shl
was of sufficient mental condition to execute
a valid Will.
these other transactions,this is September,
'68.the deed was back in January of '68,is
relevant at this point,is it?As I understand
MR.REGA:Yes .
the Will was probated.is that correct?
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THE COURT:
that correct?
MR.REGA:
THE COURT:
I don't see how it's
Yes .
As I understand further,
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MR.CROTHERS:Your Honor.the object
here is the condition of Mary Madliak through
en entire period of life here.The question
of her mental condition.mental susceptibility,
mental actions through an entire period is the
opject here.And that is why we think it is
relevant that Mr.Kuzdenyi can make some kind 0
statement as to her mental condition at that tipe.
He is viewing her in a condition---
THE COURT:Did Mr.Kuzdenyi write
a Will for this lady?-'------tt----------:;;..-:.:...:..:..:::-..;:...::..:;..-=.:.:~-=-::.::L..:.......----------_+_-~
MR.CROTHERS:Yes.Your Honor,he did.
THE COURT:I think it goes without
s?ying that he felt at that point,as a member
of the Court,that evidently her mental state
was of such that she could write a Will.
MR.CROTHERS:But that doesn't make him --,
there is no question that he can testify any
further about her mental condition.The fact
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'that she could'write a Will does not necessaril)
mean she was completely lucid at all times.
THE COURT:He is not competent to
tell u~that,is he?He's not a medical man,0
yoU haven't qualified him as such.
MR.KELLER:All we want to do with
this witness is to provide by testimony his ObSl r-
'vations as to what her physical and mental
conditions were at that time.And a primary
issue that will be before the Court here is
the physical and mental condition of this woman
over a protracted period of time in orqer to
determine how susceptible she should have been
to undue influence.
MR.REGA:
MR.KELLER:
Your Honor,I object.
That is an issue which wi I
-'------ft----------------------------t---
•
KU7.0p.nvi -:n
be before the Court.We think the Court should
have informed observation by a trained man,not
as to the details of the medical factors,but
as to what her apparent condition was as of
the time that she was put in this nursing home .
And this was at a period no more than nine
months,eight months after she had signed a
deed,purporting to convey away her home proper y .
this case as a result of this?
this to show that she was in a weakened conditiln.
to show that she was incompetent.We are offering
condition,then the likelihood of undue influen_e
competent or not a person subject to undue
influence----
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THE COURT:
MR.KELLER:
THE COURT:
MR.KELLER;
is greater.
MR.REGA:
Didn't she sign a Will in
We are not offering this
But if she was not in-
If she was in a weakened
Are they saying that this
Will was procured by undue influence?Was she
weakened at the time the Will was drafted?
Secondly,I would like to know what bearing Mrs.
Madliak's physical condition at nine months
Kuzdenyi
subsequent to the acts,the latest a=t in
question,the joint bank account was in 1967,
which was a full two or three years before,I
don't see that her physical condition has any
31
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bearing on that.And Mr.Kuzdenyi didn't see he .
Mr.Kuzdenyi didn't see her until the time that
he went to draft her Will.He has no idea.He
could not possibly testify---if he were compete]t
medically to testify,he is;he could not possi ly
testify as to what her physical and mental
st~tewas.
that Judge Marino took.•THE COURT:
MR.KELLER:
Let me see that record
Your Honor,we would
suggest that this woman signed a deed for her
home property within one week of burying her
husband.
MR.REGA:You are offering facts.
Mr.Keller.Are you under oath?
MR.KELLER:It's the facts you
introduced into record.It's your deed.
MR.REGA:It's not on t~e record.
It was stipulated to.I was told it was not or
the record for my purpose.
MR.KELLER:At any rate,Your Honor,
that is the purpose of offering this testimony
as to her condition.
MR.CROTHERS:Your Honor,the object
of this entire proceeding is to determine the
condition of Mary Madliak and determine the
condition of Andrew Madliak,Sr.prior to the
conveyance,subsequent to the conveyance,at
any point in their lifetimes,to determine the
validity or non-validity of three inter vivos
gifts.That is the object of the entire proce~d
ing here.The fact that the petitioner is
attempting to point out here,and is attempting
to point out with all witnesses,is the de-
pendence that existed of Andrew Madliak,Sr.
and Mary Madliak upon the ~espondent,and the
fact that they can prove dependence upon the
respondent.
MR,REGA:Again,we object.What
does this have to do with the witness on the
stand?
MR.CROTHERS:That is the obiect of
determining physical and mental condition.
)1R.REGA:He can't testify as to
anything prior to the time that he met Mrs.
----------------------------------------.----
Madliak.
'7'7
THE COURT:Let me settle this
matter right here by saying that it seems to me
that the Court is ~ound by the Opinion and Decr e
of Judge P.V.Marino filed July 17,1969;and
Judge Marino said in plain English here.page
two of his Opinion,that the testimony is over-
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whelming that her physical condition did not
affect her mental capacity.So evidently,at
this time.at the time she had this last Will
written,it is apparent here that she had,
according to Judge Marino's finding,which we
are not going to question,we are bound by it,
that this lady had all her faculties about her,
which in effect,was her mental capacity to
execute the Will.And I think we are bound
by this finding that the Court has already
made in this matter,and therefore,I would hav~
to sustain the objection as far as any testimon r
concerning her mental capacity is concerned.
Secondly.it seems to me that as attorne's
for the proponents of the Will.I think your
firm is the proponent for the Will,is that
correct?
MR.CROTHERS:Yes.
-------tt------...,...-------------------------..+-_.-,
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THE COURT:It seems to me that you
can't now come back in here and say after you
alleged she had her faculties about her as of
September,1968,now you're going to try to
prove she didn't have her faculties about her.
~R.CROTHERS:That is not the attempt
of the offer or Mr.Kuzdenyi.The attempt is
to try to show the condition of Mary Madli~~;t e
fact that she was validly or invalidly capable f
writing a Will is not at issue here.
to show the Will was,in fact,invalid.
You would be,in effect,bringing in testimony
not have been subject at this point,at least,
Your Honor,we feel that
If she had her mental
MR.KELLER:
THE COURT:
time he drafted this Will.Otherwise,you'd
be arguing against yourself,Mr.Crothers.
she was not subject to undue influence as of th~
capacity sufficient to write a Will.she could
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if we can show she was physically in a severely
weakened condition that this 1S an important
part of our proof in this case.
THE COURT:As of the year after
these transactions,almost.
-'-~--t--------------------.L--
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Kuzdenvi
MR.KELLER:
THE COURT:
Not a year;eight months.
Are y~u here to say when
35
•
the son called he had her under his influence
and he unduly affected her in drafting this Wi!~
in longhand,as I understand it?
MR.KELLER:;'.That is not in issue,You
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Honor.What is in issue is what was her physica
and her mental condition and was she susceptible
to control and domination by these people at th
time she did three specific acts~or she and he
husband did three specific acts:.conveyed all
of their life savings,turned over their home
property,and turned over a little box which
contained certain physical assets,cash.
testify how she was at any time at anyone of
testimony.Your Honor,from a period from 1963
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those three times.
MR.KELLER:
And the witness can't
We are prepared to offer
through the death of both of them,which will
enable the Court to draw its conclusions.
THE COURT:We will have to rule here
in the light of Judge Marino's finding,and in
the light of the fact that there was a hearing
on this point,that the effect of this is that )OU
can't impeach the witness that you prior to thic
time placed on this witness stand,and certainl~••
I don't think we are';g6ing to allow this.And
I'd have to sustain the obiection in this
question of whether she realized what she
owned or what she thought she owned and soforth
particular case.
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to do it.
I think in fairness we have
Now I think you can get into this
II~CONTINJED EXAMINATION BY MR.CROTHERS:
know how you can object until he's finished
At the time of writing the Will in 1968,did you have
lny discussions with Mary Madliak?
~e began to prepare the Will.In fact,the Will is a
jandwritten Will and signed at the time that it was wri ten
Jy me.She had indicated to me that----
Objection,Your Honor.
Just a minute now.I don'THE COURT:
MR.REGA:
We discussed quite a few things beforeYes,I did.
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stating what he's stating.
MR.REGA:Again,I object.
THE COURT:What is your obiection?
MR.REGA:As to relevancy.What
-'-------nr------------------------~-
Kuzdenyi 37
happened at the time this Will----
THE COURT:Would you repeat the
question again.just to make sure?
(stenographer reads'back the last question).
MR.REGA;What bearing would any of
those discussions have?
something irrelevantJ you can move to strike it
I don't know exactly how I can rule at this pOi t
you until we hear what it's about.If you find
I move to strike that,Yo~r
At that point----
I will have to overrule
MR.REGA:
THE COURT:
THE COURT:
Honor.
until I hear the answer to the questiou.Contin e.
were imposing a great deal of control over her.
She had indicated to me she wanted to leave everything
she had to her son,Andrew Madliak,Jr;that the Hudock
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THE COURT:I'm going to grant that.
MR.CROTHERS:On what grounds,Your Honpr?
THE COURT:It seems to me what he
f is doing,he is,in effect,testifying this
woman is incompetent;right then and there and
-'-------1jr----------------:....------------~--1
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Kuzdenvi 38
at the same time he :has formerly come here to his
Court arids~id-~he-~~s,in fact.compet~nt.
MR.CROTHERS:He is not denying the
competency of .her to write a Will.
THE COURT:If she is a woman that
is subiect to undue influence,she 1S so weak tlat
she can't make up ner mind on her own,the Cour
could conclude that she is under the influence
of her son just as much as she was under the
influence of the Hudock's.Isn't th~true?
MR.CROTHERS:He~is testifyin~as to
what she feels at that time,Your Honor.
MR.REGA:Which again has no bearing
on transactions that took place somewhere
between nine months and two or three years befo~e.
MR.CROTHERS:It has a definite bearing
on transactions that occurred within nine months.
If she felt she was under an influence by two
people at the time she was writing the Will
or at the time she told of this to Mr ..Kuzdenyi ,
then she obviously felt she was under the same
influence nine months earlier,or at least let
Mr.Kuzdenyi testify to that fact.
Kuzdenvi
THE COURT:Let's hear it pro forma
39
and I will determine its rel~vancy.But I will
keep an open mind on it.I am inclined to agree
with Mr.Rega at this point,but we will keep
an open mind.Continue on.The Court will hear
it and then we will rule pro forma.
Mrs.Madliak indicated to me that she had,some time
before,by some kind of instrument,conveyed a piece of
real estate to the Hudocks,but that in her own mind th s
was a temporary thing,that she would be gettipg the proper-
ty back.She then indicated she had a large sum of
money in the Mellon National Bank,and she wanted to
be sure that.her son would get that money.She also
said that there was a check in a substantial amount
that was---strike that---that she had been requested by
the Hudocks to sign.that she had refused at first
to sign the check,but that it was insisted by the
Hudocks that she sign the check because she had no
choice.
THE COURT:What check was this?
It was a check in substantial amount that she had
signed some time earlier.She didn't indicate to me
exactly the date when this was done.She also indicated
she had a ,strong box which was in the control of the
Kuzdenyi 40
Hudocks and that was cash.There was---I have some
notes that I took at this time---
MR.REGA:May I examine the notes?
THE COURT:You have the right to
examine the notes.Let's have a recess here
for a little bit while you examine the notes.
We have a couple hearings we have to get out
of the way,detention hearings,which we have
to have within 72 hours.So you gentlemen,if
you wish,would you step out in the hall while
you examine the records and notes,and then
we will have these detention hearings.
R E C E S S
(The hearing resumes):
MR.REGA:Your Honor,I'd like to
have the witness tell us when those notes were
prepared.
THE COURT:He can establish that.
You have to lay a foundation for your notes
of the attorney.,.
i Q Mr.Kuzdenyi,the notes that you are referring to,l -1r-w_h_e_n_d_i_d_y_o_U_p_r_e_p_~_r_e_t_h_o_s _e_n_o_t_e_s_?--lL_-I
Kuzdenyi
A There's nothing on the she~t that indicates when the
notes were :.ptepa;t~d·,but they were prepared that day,
either when I went down to see her or $hortlY before
or shortly after.
Q But it is your testimony that they do relate to your
conversations with Mrs.Madliak that day.
A Yes.At this time.I think we were talking about a
strong box.I recall now she indicrated the strong
box was in the control of the Hudocks,and that in the
41
strong box was cash,some bank books and some other ite~s.
She did not indicate what the items were.
Q Did Mary Madliak indicate at that time that she earlier
had signed the deed to the property to the"~udocks?
Is that correct?
MR.REGA:"I object,Your Honor,as
to what Mrs.Madliak thought at that time.It
has no bearing on this proceedin~.
THE COURT:We will overrule you
A
pro forma and we will take this under advisemeni~'
We will hear it but then we will overrule you
pro forma and subsequently,we might decide to
strike it out.
I believe I had testified that she had told me that
she had in some form of document,conveyed the property,
the real estate.to Hudocks,but that in her own mind,
-------tt----------------------------+---l
4.7
it was a temporary thing,that she would be getting it
back.
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Q Is it your impression that Mary intended to relinquish
control of the bank account and real estate or the
metal box in this case?
wanted to hear all this.
to continue to object----
THE COURT:Not all of this.I'm
(At the direction of the Court,off-the-record
You indicated that you
Your Honor,I am not goin
MR.REGA:
MR.REGA:
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MR.REGA:I object again.
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THE COURT:Don't think yqu have a
continuing objection.
.
objection.Let me say this off the record.
going from now.I will have to sustain that
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Q Did Mary indicate at all her relationship with the
Hudocks:during your conversation with her that day?
A Did she indicate her relationship with the Hudocks?
QYes.
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MR.REGA:I object.The relationsh "p
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,the-statement.
;e "THE'COURT:All right.I think we wil
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<Ii0:lo/THE COURT:Excuse me,counselor;i-0:0n.
lo/which Madliak?0:
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I asked the Madliaks to step out of the room.
THE COURT:That is Andrew Madliak,
Mr.and Mrs.Andrew Madliak.
A Yes,Mr.and Mrs.Andrew Madliak to step out of the
--
room.And I continued the discussions with Mary
Madliak with no one there but myself and Mrs.Madliak.
After the Will was prepared,after the discussion and a ter
I had prepared the Will.I asked the Madliaks to
Home?
CROSS EXAMINATIOK BY MR.REGA:
A She said nothing to me about how the arrangements were
made except for the fact she was very dissatisfied
Other than on September 25,1968,did you have any furt~er
as a witness.
discussions with Mary Madliak?
step in because I wanted one of them at ·least to sign
Q Mr.Kuzdenyi,did you testify at a Will Contest Hearing
in re:the estate of Mary Madliak at Number 155 of 1969 D
with being in thehome .
Q I have no further questions.
Q
A Not with Mary Madliak.I saw her only the one time.
Q Did 'Mary Madliak tell you anything.in regard to the
arrangements by which she entered Colonial Manor Nursi g
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A Yes,I did.
Q Before I ask that question,I would like to move to
strike all of Mr.KuzdenYi'stestimony for the reason
that it is immaterial,irrelevant and incompetent,and
particularly because it violates the Parol Evidence
-'------H------------------------------+---
v .._...:l ~~••~
Rule,and the specifics of testifying as to what she
meant,what she thought,what she intended at that time
THE COURT:We will overrule your
obje~tion and motion to strike pro forma,and w~
will still take it into consideration later on~
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Continue on with cross examination atothis time
Mr.Kuzdenyi,do you remember b.eing examined by then Mr.
DiSalle,now Judge DiSalle?
Yes.
Judge DiSalle asked you the following question:
walked in and walked back out.That's as much asI
that there were four of you in the room at that time.
"When you w'~nto to the nurs ing home and vis i ted Mrs,
this Will was being written during the period of 45
You indicate
And your answer was,"Not In the room."the room?"
Madliak,was there anybody else,any other patient in
Question -"So just the four of you were in the room whole
I recall that one of the attendants,a lady attendant,
minutes to an hour."And you respoonded,"At one point
can recall.I don't know who she was."
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And you just testified that no one was in the room
at the time yoU drafted the Will.
A No,I don't think I meant to say there were four in the
room at all stages of the proceeding.There were four
of us in the room.I recall four being in the room wheh
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w~h~d,the Will signed.I do~'t think.Attorney DiSalle
now'Judge DiSalle,had specifically made any references
as to exactly when the four of us were in the room.
But I know when I had the discussions with Mrs.Madliak
Mary Madliak.about the Will,and some other matters
relative to assets of her estate,the two,Mr.and Mrs.
Andrew Madliak were not there.
Mr.Kuzdenyi.in what language did you conduct your
conversations with Mrs.Madliak?
English.
Do you speak any other language besides English?
Very little Hungarian and a'few words in some of the
other languages.
But yout ~ntire conversation with Mrs.Madliak was
in English.
Yes.
Did you have any difficulty in making yourself under-
stood to Mrs.Madliak?
I didn't appear to have any.
Did you have any difficulty in understanding her?
In understanding Mrs.Madliak?No.
That's all I have;Your Honor.
46
-'----r---------------------J----J
-------------------------------------------------.------
Kuzdenyi 47
REDIRECT EXAMINATION BY MR.CROTHERS:
Q Mr.Kuzdeny$,at the time you wrote this Will,did you
question Mary Madliak as to the natural bounty of her
affections at this time?
violation of the Parol Evidence Rule .
And what did she indicate at that time?
strike that answer for the reason that it is in
She indicated at that time that she had the real estate
Your Honor,I move toMR.REGA:
here ~s to deteimine fraud,and I think the Cou t
MR.CROTHERS:Your Honor,the object
will take cognizance of the fact when vou are
trying to establish fraud or fraud positions in the
law.the difficulty here exists under the Parol
didn't describe .
and that she also had a strong box which contained
some money,bank books and some other items that·she
which she was expecting to get back;that she had a
substantial sum of money in the Mellon National Bank
Yes,that is customary.A
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determine what the conditions were that the
people were under when~1they established these
items;in this case when the bank account was
created.
--------t------------------------I---J
Kuzdenyi 48
THE COURT:The only thing,the answe
wasn't exactly responsive to the question.But
we will overrule the objection pro forma and
we will stillconsider the objection later and Sl e
to go upon -her death?
Q Did Mary Madliak say anything---
Q What did Mary Madliak say concerning these assets?
Q Did Mary Madliak tell you to whom she wished those asse s
That is well put.
Not to try to be picayune,
It was a little leading.
Your Honor,I object.Tha
THE COURT:
THE COURT:
Why don't you rephrase the question?
MR.REGA:
THE COURT:
such a manner as it won't suggest the answer to
the witness .
but to try to help you,'frame your question in
.
is·a leading question.
the whole record in perspective.
A Yes.
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THE COURT:I'll have to overrule YOt
pro forma.
-,----tt-------:----:.------~--------l----l
Kuzdenyi
A Concerning what?
~What did Mary Madliak say concerning the assets?
A She indicated that she had these three items that I
testified to before,the large sum of money in the bank,
she had a piece of real estate that she would b~gettin!
back sometime,and that she also had a strong box
49
which contained some cash,bank books and some other it(ms.
o Did Mary Madliak indicate to you who her relatives were~
A Yes.She had a son,Andrew Madliak,Jr.
Q And when the Will was written,who was the beneficiary
of that Will?
A She asked me to indicate Andrew Madliak,Jr.
Q Thank you.
THE COURT:
MR.REGA:
Any other recross examina ion?
No,Your Honor.Our
objections are on the record.
THE COURT:It's five minutes to twel e.
We are going to adjourn now until 1:30.
RE C E'S S
-'----T---------------------~-
I
I
(At 1:30 this same date,April 29.the hearing reconvened):
,MR.CROTHERS:For our second witness we'd like to call
Mr.Andrew Madliak,Jr.
MR.REGA:Your Honor,I would like to object to
any testimony by this witness,for the reason that
he is incompetent to testify by reason of the Dea~Mari~.
Act.He has an adverse interest.to the decedent of reco d.
MR.CROTHERS:K-our Honor,if I remember correctly,the
Dead Man's Statute itself,the fact that Interrogatorie
or any pleadings are filed in the case by the responden 's
party in a case of this nature is sufficient under the
Dead Man's Statute to waive that statute and to require
or to permit anyone with an adverse interest in the cas p
to testify ln that case.Interrogatories were filed
in .this case,as was an Answer to those Interrogatories.
THE COURT:
MR.CROTHERS:
Filed by whom?
Interrogatories were filed by the
Respondent,Your Honor,and the Answer was filed by thE
Petitioner to those Interrogatories.
M~.REGA:Your Honor,I would agree with Mr.
Crothers'analysis.However,if you will recall,at t e
time that we had a hearing on our preliminary objectio s,
we were instructed to seek any deficiencies in their
Annrpw M~(n i ak .Tr
complaint,through the use of discovery.We really had
no alternative but to file Interrogatories,and the
questions we asked were questions simply relating to
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what facts they aver to substantiate their claim.
There have been just claims in their petition,so we re lly
had no alternative,we still stand on the position that
that under advisement.We will take the evidence .
they fail to prove alleged acts to prove fraud or
confidential relationship or any of the other facts the
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THE C·JURT:We will overrule you pro forma and take
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ANDREW ·P.MADLIAK,JR.,IS CALLED AND DULY SWOR~
D:=RECT EXAMIKATION BY MR.CROTHERS:
Q Stateyour name for the record.
A Andrew P.Madliak,Jr.
Q Are you officially a Junior?Is that on the end of you~
name?
A Yes,sir.
Q What is your address?
A 205 Level Street,Bentleyville,Pa.
Q What is your age?
..• A
66 years old.,'.
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Andrew Madliak,Jr.
Q What is your relationship to Mary Madliak and Andrew
S2
A
Madliak,Sr.?
Mother and dad.
Q Where were you born?
A At the time we lived at Ellsworth.
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Czechoslovakia.
You were born in Czechoslovakia.
Yes.
When did you move to this country?
1920.
And your parents came to this country at the same tine.
My dad was here about ten years before I came here with
my.IDQther.
About when did your parents,both of them,were they
together?
Like I said,my dad was here ten years earlier,then
we came to this country in 1920,my mother and I.
In 1920 your family was reunited.
That's right.
Where did you live at the time thatyou entered this
country?
What was the address?
A It was just called Ellsworth and we lived in a company
house,a mining town.
C Did you move at any time during this?
A Well.we lived at Ellsworth until about 1927.Therr
-'------tr----------------------4---I
Andrew Madliak,Jr.53
we moved out to Bentleyville right where my people lived.
Where was the address there?
A Dallas Street,Bentleyville.
Q Is the Dallas Street address that you gave us where your
parents lived until they died?
A That's right.
Q Of what nationality were Andrew and Mary Madliak?
A Slovak.
Q And they were not native-born Americans.
A They were both born in Europe.
Q
A
Were they naturalized citizens?
Yes.
Q About when were they naturalized?
,
A Dad was naturalized;he was already naturalized when
we came here in 1920.And then my mother naturally became
a few years later.
Q Could Andrew Madliak speak English?..
A Yes,sir.He could speak English and write it •
Q
..How weil did he speak Eng~ish?
A My Dad?
Q Yes.
MR,.REGA:Objection,Your Honor.
A He spoke----
THE COURT:
MR.REGA:
Just a minute.
I don't see the relevance
-,-----tr------------------------.:....--!--
Andrew Madliak,Jr.54
of this question as it pertains to this proceeding.
We are concerned here with Mrs.Madliak's estate.
MR.CROTHERS:Your Honor,in this case
we are concerned with more than the mere estate of
their other allegations.
There was nothing,no indication in their
answers to any question as to confidential
Answers to the Interrogatories:filed by the
I"object for the second
We"will overrule it
MR.REGA:
THE COURT:
relationship,undue influence,fraud or any of
reason,Your Honor,that the petitioner,in his
Respondent,do not raise this issue at all .
pro forma.We will take it under advisement lat~r.
situation .
at his conditions are totally relevant to this
contract.So the facts involved in his life
Madliak,Sr.was one of the co-signers of this
Mary Madliak.One of the transactions here
which Michael Hudock's name was'placed.Andrew
was an inter vivos gift of a bank account in
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it develops.If it is irrelevant,we will
consider it.But we will overrule it pro forma
for the time being.I
i-----T------------------------J---1
Andrew Madliak,Jr.
A He spoke well enough for anybody to understand.
THE COURT:How well did he write?
A He wrote well enough for you to read his letters.
THE COURT:We will hear it and then,
has been litigated.and that the petitioner
is collaterally estopped from raising it.
ssueIobject.I believe thisMR.REGA:
Could Mary Madliak speak English?
Very little,sir.A
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all this when we read the entire record.
How well could Mary Madliak speak ?
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She didn't speak too well,and she couldn't read or wri e
American.
She could not read or write English?
That'5 right.
When communicating with each other,what language did
they use?
1-.We talked in Slovak.
Q You communicated with them in Slovak.
.A Yes.
Q They communicated between themselves in Slovak.
.\Yes,sir.
)Did either one of the two sneak better English than the other:
Andrew Madliak,Jr.
A My dad did.
Q How long did you live with your parents?
.A I lived with my parents until I was 16 years old,and
then I went on my own.
56
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For what period of time would that have been?
When I left my parents.That was in about 1933.
Were you 16 at that time?
When I left,yes.Right around in there.
Could you tell us of what nationality most of Andrew
and Mary Madliak's friends were?
Mostly Slovaks.
In the neighborhood which you lived,were there people
of only one nationality?
No.They were all mixed.
In relation to the ages of Mary and Andrew,Sr.,what
was that in comparison to the people in the community?
Was the community older?
Some were around their age and some were younger
and some were Older.
Did they have many friends in the community?
they
Well,just the friends of their own,friends that/came
with from Europe.
THE COURT:Mr.Madliak,how old were
you when you came over?
A Six years old.
~turning to the year of 1963,Mr.Madliak,can you recal~
Andrew Madliak,Jr.
anything that might have happened at that time to eithe~
Andrew,Sr.or Mary'in particular?
A Well,nothing special I can recall.
Q What was the physical condition of Andrew Madliak,Sr.
at that time?
MR.REGA:I obj ect.
THE COURT:What time was this?
MR.CROTHERS:1963,Your Honor.
MR.REGA:I object for the reason
of relevancy.Again,we are not litigating Mr.
Madliak's estate.We are not litigating Mrs.
Madliak's estate.We are litigating the
validity of three gifts,Your Honor,not the
pa:rticuiar estate of ei ther one of the two parti s
involved.
57 I
II
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THE COURT:We will overrule you
A
pro forma.Your objection will be noted on the
record.
(Stenographer reads back the last question)
That's·the year he got his hip broken.
C Do you have any idea when in that year he got his hip
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broken?
the
It wasJearly part of that.
Andrew Madliak.Jr.
Q Was he taken to the hospital for this?
A Yes,sir.
Q Do you know how it happened?
A He fell down outside the home.
Q Where was he treated for this nip injury?
this morning,was that in order to contest the
The object here,as I stated earlier
MR.CROTHERS:Your Honor,what we are
prove the existence of a confidential relation-
I would like to know thisTHECOURT:
this gift?
attempting to do here is to present a chronolo y
validity of an inter vivos gift,we have to
of the events throughout the entire---starting
in 1963,from '63 to the death of Mary Madliak.
counselor.How would this hip injury bear on
I think he was there for a few months.
In Brownsville Hospital.
And do you have any idea how long he was in Brownsville
Hospital for this?
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ship~and in order to prove a confidential
relationship,the definition of a confidential
relationship ineludes sol~lythe dependence
which either the donor han~that this donor was
dependent to a tremendous extent upon the donee
Iandbecauseofthatdependence,this creates
en
the confidential relationship,and if the
confidential relationship exists,Your Honor,
the burden of proof in the trial shifts from th
Petitioner in this case to the Respondents to
prove that there was no undue influence existin
in the three transactions that occurred.The
Andrew is to show the introduction of the
be irrelevant,moreover because none of the
transactions took place until---the first took
as to his physical condition in 1963 would
Your Honor,I wouldMR.REGA:
to an inference or prove moreover a confidentia
total dependency or otherwise,would give rise
relationship.And for that reason,any testimon~
histoT)'6f Michael "Hudock and his wife and
their relationship with Andrew and Mary Madliak
challenge Mr.Crothers'statement that dependen y,
Respondents into the Madliak household for the
attempt here to show the physical condition of
first time,and then from there on to trace the
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place some four years after that,and I don't
feel that his injury in 1963 has any bearing
on it.
MR.CROTHERS:All we are trying to do
is to indicate to the Court how Michael Hudock ~nd
his wife became related to both Mary Madliak
Andrew Madliak,Jr.
and her husband,Andrew Madliak,Sr.
THE COURT:We will reserve our
decision on it.Continue.We will overrule
Mr.Rega pro forma at this time.
MR.CROTHERS:I can cite for the Court
rule ultimately on these matters later.
Yes.So my wife and I,we came down and helped out,
What ~as the physical condition of Andrew Madliak,Sr.
MR.CROTHERS:I've got a memorandum
of the law for the Court.
What cases do you have on
Continue on and we willTHECOURT:
THE COURT:
the definition,the Pennsylvania definition
for con£idential relationship,and the fact
this?
that mere weakn~ss,dependence or trust is sufF_
ficient to exist and to prove a confidential
relationship.
upon his release from Brownsville Hospital?
Well,he was unable to walk;he was laid ,up in bed.
He was bedridden.
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helped.my mother out because she wasn't well herself.
Q You say Mary Madliak was not---
Andrew Madliak,Jr.61
THE COURT:Don't repeat what he said
Ask him questions.The record indicates what he
said.
A So when we'd help out,I'd tell my wife---my wife
Q
couldn't come down to help anymore;her back was bad.
Why could you and your wife not take care of her?
MR.REGA:I object,Your Honor.
I don't see the relevancy of the question,
why he could or could not is of no pertinence
in this proceeding.The question before this COlrt
is what
/influence if any was practiced upon Mary Madlia~
alone.
THE COURT:I will have to overrule ypu
pro forma.We will note an exception,but later on
we will make a determination on this.The
record protects you on that.Read the questipn.
(Stenographer reads back the last question).
h Like I stated,my wife's back got bad on her and she
had to get back to treatments which I have proof from
the Clinic.So she couldn't come down anymore and I
came down when I could.I asked these people,Hudocks,
if they would come down and help out since they live
II
so close.So they agreed to help out.They were close I
neighbors to my people.I lived two blocks away.They
Ir-----rr-----------------------.-----
Andrew Madliak.Jr.
agreed on it and my people ,were satisfied with that.
62
THE COURT:
from your parents?
How far away did you live
A Maybe five or six blocks.And they were nextdoor
neighbors.And there were times when dad wanted---when
he had to go anyplace,I didn't have a car,I don't dri e,
so they'd take him.And my dad always paid them for the r
help they gave.
Q When didyou ask Michael Hudock and his wife to help
take care of Andrew,Sr.and Mary?
A ~hat was when my dad was laid up in bed.
Q In 1963?
A With the broken 'hip,yes.
Q You stated that you do'not drive.
A I do~'t,no,sir.
Q Does your wife drive?
A ~o.
Q When Andrew,Sr.was released from Brownsville Hospital
after his broken hip,what was his mental condition lik~
at that time?
MR.REGA:I object,Your Honor.
'Thi:s witness is not competent to offer an opinipn
as to mental competency.
MR.CROTHERS:We are not questioning
his mental competency,Your Honor.This is his I
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own personal father.He can say whether
he could speak to him,he couldn't speak to him
what his mental condition was.He should have
a view of what that mental view was.I am not
Madliak was having mental difficulties.All
What was your father like when he was dismissed from
Well,there were times that I talked to him,his mind
whether or not at this point in time Andrew
Why don't you ask himTHECOURT:
in that manner then?
released.
asking for the complete medical testimony of
I am :'_saying,he should be able to form some
opinion of what his father was like when he was
Well,when I asked them to help _-out they went down and
for their care?
Brownsville Hospital?
Well,his mind wasn't just like it should be.
sort of would fade like,you know.
What doyou mean by that?
:ould you relate to the Court the arrangements that
~xisted between the Hudocks and Andrew,Sr.and Mary
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Q Did-Andrew and Mary ever ask them to care for them?
A ~asked them myself.
Q Could you characterize your relationship with your
parents at the time thatyou asked Michael Hudock and
his wife to take care of your mother and father?
time?
Or sometimes more often.
About how often would that be?
~es .
You mean once a week youTHECOURT:
visited with your parents .
As often as I could,yes.
Ellsworth Mine,Bethlehem Mines.
At least once a week,sometimes more if I was able to
make it.
They were getting along fine.
Did you visit them often?
Were you working at that time?
Where were you working?
Well,her condition was pretty well at that time.
She was more of the nervous type,you know.
Did she have any physical problems?
Khat was the physical condition of Mary Madliak at that
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MR.REGA:I object,Your Honor,
to the proper of the question as leading,and
the manner of the Question as being leading.
THE COURT:Read the question,please.
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(Stenographer r.eads back the last question)
THE COURT:I don't think that is
leading,really.You can answer it.Did she
have any physical problems?
A She was weak and nervous.
THE COURT:
problems.
A No.
But she had no physical
THE COURT:She didn't have any,anyw y.
Q Did Mary have any difficulty doing simple tasks at that time?
A i'lell,all she could do right then was do a little
cooking.And the neighbors there,like I said,they
came down and cleaned the house.But that time too,the
reason she was nervous about mostly,that's when my dad
start~d getting them strokes.
Q When was that in time?
THE COURT:When was what in time?
Q When did your father begin to have strokes?
A Tiat would be '68.
MR.REGA:
THE COURT:
I obiect.
I think his objection is
well taken on this.You are talking about '63
-.------tt------------------------------~--
in terms with your questions and he is referrin
to '68 in his answers.
MR.REGA:Moreover,he is testifyin!
questions.
to a stroke.How does he know what it is .
aren't responsive to your question.
You are asking him questions concerning what
No.You shouldn't say
You have to keep the reco d
Your objection is well
MR.CROTHERS:Again,Your Honor,it's
,
THE COURT:
THE COURT:
THE COURT:
§omething th~t octhrred in1968~(So'his-answer'
in context,the time thatyou are talking about.
happened in '63 and he is responding as to
taken.
his father.
anything.It's up to your attorney to ask the
Sir,.can I say something?
As time went on,Mr.Madliak,from 1963,could you
characterize for us your relationship with your parents:
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Q Did you visit t~em still?
A Yes,I did.
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Yes.
mind to always be there and listen in.And I never had
what they'd tell her,but anyhow,the nexttime I came
And after my
Well,one occasion I was down there,and we were talkins,
Did she tell you what she meant by that?
Because the Hudocks would give her a rough time.
About what year would that be?
Well,that would be around '68.
And for what reason did she tell you to stop visiting
When did Mary tell you to stop visiting her?
out and they wanted to take oVer .
a hard time.In other words,they wanted to s.hip me
as often because everytime you come down they give me
down she'd tell me not to come down anymore or not
That's when,that's before she went to the home yet.
a private conversation with my folks.
dad passed away,it was getting worse.I'd come down
when I'd leave,she'd be more worked up because I don't know
would be present and she'd get all worked up.And
the house,I wanted to talk to my mother,the Hudocks
When you visited them,who would be present?
Well,when I visited them,the Hudocks made up their
Did you visit them as often as you did before?Q
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the Hudocks were down there and he started flaring up I
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THE COURT:
THE COURT:
Who started?
Mr.Hudock?
fl.Yes,sir.And in fact,he made a statement,he said,"I
I can help it,you'll never get a penny out of this houce."
Q When was this,about what time?
A In '68.
Q In '67,what was the physical condition of your father?
A 3is mind was going blank from the strokes he was gettin~.
MR.REGA:I object,Your Honor.Tha
answer was unresponsive to the question.
THE COURT:The objection is sustainec.
Q W-r.Mad1iak,what was the physical condition of your
father at that time?
A His mind was going blank.Well,when I talked to him hI
didn't have----
MR.REGA:
THE COURT:
I object,Your Honor.
Objection sustained.
Q ITL 1965,do you recall any particular events occurring?
A ~e11,I can't answer that,sir.
Q Nhat was the physical condition of Andrew in 1965?
A :n '65 it was pretty fair.
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Q
A
Andrew Madliak,Jr.
That same address.
How would you characterize his mental condition also in
1965?
Well,ever since he broke his hip he never was just
all right.
69
Q Did his physical condition improve after 1965?
MR.REGA:
is leading.
THE COURT:
I object,Your Honor.Thi
Well,we will overrule
it pro forma.Did it improve or not?
A Your Honor,it kept getting worse.
A Yes.
THE COURT;As you observed it.
Q IL 1967,do you recall any particular event occurring?
A .:-:Ie kept getting one stroke after another.And he had f:Jur
of them.The last one is what put him away.
Q Uh9n did this first occur?About when during 1967?
A J can't recall just whatmonth,sir.
\
Q ~hen Andrew had his physical problems in 1967,what
happened to him?
THE COURT:Wha t happ.ened to what?
Q What happened to him?Was he taken to the hospital?
A Yes,he was taken to the Washington Hospital.
Q Did you visit Andrew in the hospital?-'----T--...::--...::....:;....~--.,;.".::..::..=...-------=---:..-.--------!---1
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Yes,I did.
Did you take care of Andrew when he returned home?
No.The ~udocks kept him then.
In 1967?
Yes.
The Hudocks were taking care of him when you took him
home.
Yes.
Did you visit him when he returned home?
"{es,I did.
What was his physical condition at that time?
Well;th~re's times when'I'd visit him,'he talked just
like youand:I.And o~her'times he'd talk out of space,
and it just didn't make sense to me.
What·was,his mental condition at that time?
It was mostly from them strokes,his mind wasn't right;
that's ali.'
In 1967,did you visit Mary at her home while Andrew
was in the hospital?
Yes.
About how frequently did you visit her?
A couple times a week.
Was there any reason why you didn't visit her more?
I was busy too and I had my wife on the sick list too.
Did you admit Andrew Madliak to Washington Hospital in
__967?
I V
A Mo,I didn't.
Q Who did so?
A Eudocks.
---------.r----------------------------------
THE COURT:What month was this in '6(?
!
Q I think I said January,'67,Your Honor.I'm not sure.t
That was when it was that I was questioning.It is your
testimony that Andrew had more than,one stroke in 1967 ••~..:c:>..J;..
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A Yes,sir.I
Q Do you have any idea when he had the second one?
A I can't recall the dates .
Q Was he sent to the hospital agaIn then?
A Well,it'was just one time at the Washington Hospital,
then when he was released,then he was at the home,
convalescetit",home .
Q What was his physical condition upon release from
\
Washington:l Hospi tal the second time?
A Well,he ~as in very bad shape.sir.
Q And his mental condition?
A The same way.
e Did you continue to visit with Mary during this time?
Yes,I did.
.'oj ••.Hmv often did you visit .her?'
A Like I told you,a few days,a week,more often if I could
make it.,.,
Q Is there any reason why at this time you didn't visit her
more often?
Well,mostly it was on account of Hudocks.They didn't
want me around.She told me that herself.
Q Mary told you that Hudocks did not want you around.
Andrew Madliak.Jr.
II
!72
A Yes.;
Q For what reason was it that they didn't want you around?!
i
A They just wanted me out all together,that's all.I
Q What reason did Mary tell you for this?
A Well,she says everytime I was around they'd give her
a hard time.
Q Did you take care of Mary Madliak during the times when
Andrew was ill?
A No;just that one time when he hurt his hip.
Q Why did you not take care of him after that time?
A ~ike I said,I couldn't make it.I asked the Hudocks
to help out,which they did.An~then from then on they
took over a~d helped out.Of course,they got paid for
all their services and everything.
Q Did you hav~any difficulty visiting your parents durinl
this time period?
A ~o,not at all.
Q I have no further questions.
C10SS EXAMINATION BY MR.REGA:
Q ~r.Madliak,you stated on direct examination that you
had a good relationship with your parents.During what
period of time did you have a good relationship with yo r
parents?
A Well,with them I had the best relationship I had
from the time my dad took his second stroke.
Q
A
Andrew.Madliak Jr.
When was that?..
Well"I cart~t recall the month.It's been so long ago.
77,
THE COURT:What year was that?
A That would be in '67.'.
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Did you ever,during the period of 1963,1964,hav&a
falling out with your parents,a disagreement with your
parents?
We hadn't had any falling out at all •
Isn't it true,Mr.Madliak,that in September of 1960,
your father,Mr.Mad~iak,Sr.,lent you some $6,000.00
for a mortgage on your home?Isn't that true?
I got $6,000.00,but he didn't lend it to me.He gave
it to me •
Was it the understanding thatyou were to help him or
pay him back for that money?
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He didn't mention that at all.I told him,I asked
for a loan and he says,"I'll give it to you,"but he
says,"You don't have to pay it back."
Did you ever pay it back?
I didn't pay it back.He didn't want me to.I was goin
to pay him by the month,and he refused.He said,"I'm
giving this to you."
Q Mr.Madliak,at one time,were you not placed on a join
account with your mother and father with funds hild---
MR.CROTHERS:Obj ection on the'.grounds
of relevance.I don't see any relevanc~to it
Andrew Madliak,Jr.74
at all.
THE COURT:This is cross examination
•
We will overrule it.Go ahead.For the record
.1'.'it might,be for tpe purpose of testing thjs
witness's credibility,in addition to possible
'relevance.Go ahead.
Q ~r.Madliak,were you not placed on it?
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Wereyou not later taken off that account?
Yes,I was.
:10 t.ha t or somebody 'twis ted hi s mind.They took me off (nd
~omE down anymore,my wife and I •
~yself,I don't know why he took me off.After Hudocks
~heL did the Hudocks begin to take care of your parents
Why'!
~heL did they first meet your parents?
~ell,they first started taking over after I didn't
Jut the Hudocks on.
:ame in,my dad,I don't know,he wasn't in his mind to
Q
Q Jo you remember what year that was?You testified that
your father's hip was broken in 1963.
A Yes.Well,that would be maybe two years later.
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you stopped coming down to see your dad.
A I didn 't stop coming down.I just---the Hudocks wanted
.-------------
Andrew Madliak,Jr.75
over
to take/to help them out,but I did come down to see thEm.
wherein he instructed the bank that inasmuch as he was
issued instructions to the President of the Charleroi
It's not that I didn't visit them.It's that I didn't
That part is true.
Your answer didntt exactl)THE COLJRT:
Why did your father do that?Didn't he trust you?Was h~
to you without Mr.Shamay's concurrence?
jive."Plea~teed that answer again.
afraid you were gOlng to take the money from him becaus p
you had already taken $5,000 from him?
I didn't take ~o $5,000.He offer~d it to me.
Why would your father----
was to not under any circumstance,release any funds
Office of the Mellon National Bank and Trust Company,
~ll and was going to the nursing home,he would not be
present to control his finances and that a Mr.Andy
Shamay was to ~ccompany you to the bank and the bank
come down to help out anymore.
Mr.Madliak,were you aware that on May 23.1963,your ather
(Stepographer reads back the last answer).
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A He offered to me as a donation.I was going to pay it
back.And I didn't want anymore money.In fact,I didn't
-----y----------------------+--
Andrew Madliak,Jr.76
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ask for that $5,000.00 in the first place.
THE COURT:Just a minute.Was it
\$6,000 or $5,000?
!
A $6,000.
THE COURT:
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Now it's $6,000 we are
talking about.
We discussed one day down home about my financial posit'on
t.~and he says,"Well,"he said,"To clear things up for
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Charleroi?
Why would your father take the precaution of having Mr.
Shamay be present before you were to withdraw any funds
from the joint account held in Mellon National Bank,
But I didn't ask for it and I didn't steal it.
~y::m,I'll give you $6,000 and you'll pay your bills."
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I didn't withdraw anything at all.He withdrew it•
himself.
You weren't permitted to unless Mr.Shamay was present.
W~y would your father impose that restriction on you?
That I :ccnildn"tt·tell you.
Mr.Madliak,you said that you requested that Mr.and
Mrs.Hudock cared for your parents,is that right?
A That I did.
Q Were you aware that in 1963 after your father sustained
his hip injury,that your parents,both your mother and
father made a request of Donna Millvale,a daughter of
------tr------'--------------.....l----J
Andrew MacH i ;:lk .Tr 77
Ann Muscatell,a nextdoor neig~:or,and to Mrs.Muscate 1.
to take care of them,since their son would not take ca e
of them,and in fact,offered to Mrs.Muscatell to give
and soforth.'Later on,my mother couldn't do it.
1963 to 1967,and thereafter,'until your mother's death
A That's right.
A I don't know nothing about that.
You said that Mr.and Mrs.Hudock had been paid for the
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serv.ices"..th'ey render.edto"youT parents.,,
She got in the condition where she got this Parkinson's
A Well,Mrs.Hudock,she'd come do the house cleaning
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What were they Raid?,';
that on numerous occasions Mr.and Mrs.Hudock asked yOl
her everything that she had,that your parents had,if
they would take care of them?Are you aware of that?
to take care of your parents,at which time you refused
A They never did ask me~
Q Is it also true that over the course of time,from
A I approached the Hudocks.
Q Isn't it true thatyour parents approached the Hudocks
to take care of them and that,in fact,you did not ask
them to take care of them?
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Disease,her hands shook.She wasn't able to do anythin ,
so she got paid for doing the work she did.And Mr.
Hudo~k,anytime dad wanted to go anyplace,that's while
Mom was alive,he got paid for his services by driving
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Andrew Madliak.Jr.
him where he wanted to go.
How much was he paid and how often was he paid?
That I couldn't tell you.Whatever he did around the
house,he got paid for that.
Did you ever see money or any other thing transferred
from your parents'hands to the Hudocks?
Whenever he paid them I wasn't present.
And you don't know how much he was paid.
Well,as far as Mrs.Hudock,my mother told me she
was getting $12.00 a week for whatever cleaning she did
78
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Isn't it true,Mr.Madliak,you used to charge your par~nts
to cut the lawn?
That's a lie.
Isn't'it true thaton at least one occasion you 'were goihg
to charge your mother $30.00 to take her to Washington?
That is not true too.
You stated that you were never permitted to be alone
with your parents by the Hudqcks.
That's r ight .
llnthe first place,isn't it true that for a period
of two and a half,almost three years from 1965 to 1968
you ,failed to visit yomr parents at all,and yet you
only lived four or six·~locks away from them?,,
Xhere was a p~riod of time.
How long a pe~iod of time was it?
There was a period of time you did not visit them.
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Andrew Madliak Jr.
A I'll say a year.
Q Why didn't you visit them for that year?
A Because I wasn't welcome down there.
Q ~hy weren 1 t you,welcome?
70
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I donft know~I just wasn't w~lcome.
Isn't th~reason that you weren't welcome.if in fact
you weren't,because your parents continually asked you
to help them and you refused to do so?
I helped as much as I could.Then after I told them I
couldn't do it,anymore,I'd get neighbors there to help
them out,and they were satisfied.
Isn't it true thatyou felt that your parents were a
bother,that you didn't have the time to take care of
them and they would drive you crazy,in effect?
There was no bother.They didn't drive me crazy.There
was times,if they wanted me to do anything,even db th ir
shopping,I did.I did what I could.
Isn't it true that in a conversation with Mrs.Muscatel,
a neighbor,you made the remark that you were 53 years
old and you were not going to babysit your parents,and
that they would drive you crazy,and you were not going to
pl~ce that burden on your wife;they were too demanding?
That part is not true too.
On at least one occasion,M~.Madliak,you sat on the
porch of one of your neighbors,a Mr.Behaley;and you
ranted and raved and used profanity against your parents
and said that under no circumstances were you going to
Andrew Madliak,Jr.80
put your wife through that burden,that you weren't
going to help them and that the Hudocks had done all th ...
!work and they were entitled to everything they got.
A All them stories were made up.And my people found out
because people were telling them stories,and that's
of the hospital,he said his father wasn't right.
made against me,to blackmail me.
most of the reason my people didn't care for me to come
Q Yes.That was the statement he made after he came out
I didn't quite understandTHECOURT:
that question.Your father wasn't right?
down.They said I hated them and didn't care for them
and all that stuff.That's all ~ntrue.That was all
A.Well--
Q You stated on direct examination that your father
~asn't right.Did you understand him when he talked to vou?
Q I~it your testimony then that if someone comes before
this Court and testifies under oath thatyou did and sail
those things,that they would be lying?
A That's right.
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A I mean his mind would skip.He'd be talking about the
things that didn't exist.Then again his mind would
corne right back aga~n.In other words,his mind just
didn't work like a normal person does,on account of
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them strokes.His mind would wander off.
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he'd be all right.
Then he'd have.dntervals•
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Yes,sir:
Did he know who yo~were?
There's times he didn't even recognize me.
Did he ever discuss his affairs with you,his finances?I
No •
Did he ever tell you why he took you off the bank account?
He didn't tell me that either.
How well did your mother,Mrs.Madliak,understand Engl sh?
Well,she knew enough to get along.That's about all.
You stated that your father could converse quite well
in the English language.Is that right?
Yes.
Was your mother always rational and competent and in
full control 6f her mental faculties up until the time
of her death?
Oh,yes.I mean she understood.Her mind was well.
She understood everything.
Q Do you know if she understood the English language?
A She could underitand.but she couldn't repeat.
Q She could understand?
A If I talked American,she could understand,but she
couldn't repeat very well.It was hard for her to
talk American.
G Do you know if other people spoke with her or generally
conversed with her in the English language?
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Most of the people that talked with her,they could
understand her language.The only time she had to talk
the American language is when she went shopping.
You heard Mr.Kuzdenyi testify this morning that he
conversed with your mother in English .
He did,yes.
And that she understood.
She understood every word.
And that she was able to communicate to him in English
her thoughts,and the things that she desired.
Everything he asked,she answered him.~X11/
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That's what Mr.Kuzdenyi told me.
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the time.
You weren't there to list~n
You were out of the room t
_._-----+------------------------------+---
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•
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Andrew Madliak,Jr.
A My wife and I were both out of the room;
Q Then it isvyour testimony that your mother;was at all
times prior to her death a competent,rational human
being.She suffered from no mental deficiency.
That's right .
And that she was able to converse quite well In the
English language.She would be understood and she could
make herself understood in the English language.
Yes.
You said,Mr.Madliak,that Mr.and Mrs.Hudock prevent~d
you from visiting your parents alor~.Now we know that
for at least a period of a year or perhaps more,you
failed to visit your parents for some unknown reason •
How many other times---
83
THE COURT:Wait a minute.How many
questions are you giving him here?
given.
MR.REGA:
THE COURT:
MR.REGA:
He agreed to that.
Did you agree to this?
This is testimony already
Q How many other times did you visit your parents during
this period?
A Well,only the one year,like I said,I didn 1t visit.
But after that,I visited pretty frequently.
..
Andrew Madliak.Jr.84
Did you have any reason to believe they wouldn't have
c.
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In what specific manner would the Hudocks prevent you from
being with your parents alone?i
Well,anytime I'd go down my parents'house,the HUdOCk~-
even like they spotted me as soon as 1 got down there,I
they were right there behind me and they'd have to list~n
:~~
into everything I talked to my parents about.~I
Did you ever ask them to leave?Did you ever tell them I
you wanted to have a private conversation with your
parents?
I figured they'd have sense enough to do that.
But you never asked them.
No.
Ihonoredyourrequest,that they would have left,had YOl
asked them?
A I didn't think it that way.But I figured since I go
down to talk to my parents.after all,I didn't want
the whole world to know what we were talking about.
Q Of course,Mr.and Mrs.Hudock were giving a great deal
of care to your parents at that point.
A Yes.
Q Largely because you were unable to for one reason or
another.
A Yes.
Q Do you have any reason to believe that Mr.and Mrs.Hudock
did not take anything but excellent care of your parents
--------..------------------------------r-J--,,
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during the time they were caring for them?
MR.CROTHERS:I object on the grounds
of irrelevancy.
Q Did not the Hudocks take your mother and father to the
get
store t~lthe grocerles anytime th~y needed to go or do he
.P.Because the way my par-ents told me,the kind of care th ~y
was giving them.
e Did they not go to the store everytime they were asked 1
Q Why do you say that?
because his mind wasn't right,and my mother kept qUiet~
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I would overrule that
It most certainly is.
THE COURT:
MR.REGA:
MR.CROTHERS:It's not at issue here~
objection.I think that---
Your Honor.
to?
It got so bad~my dad couldn't understand very well
to keep peace.
A I wouldn't say they were getting excellent care .
Q Kere they getting good care?
A They weren't getting even good care.
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There's times they _did the shoppiIi.g.
Q Didn't they also take your parents to the doctor's or t e
Andrew Madliak,Jr.86
hospital whenever it was needed?
A Whenever they'd have to go,because I couldn't do it.I
didn't have a carQ
G Well.if they did all of these things,why would you
say they weren't receiving good care?What other needs id
for it.Is that right?
to the hospital when they needed it.If they did all of
That's right.Just about everything my mother told me.
those things,why weren't they getting good care?
That would be like I was working for somebody,as long
In other words,so I can
,.
THE C'OURT:
understa?d·this,the Hudocks gave your mother
and dad good care because they were getting pai
they have?
They got paid for everything.
I didn't ask you that.You said they were not getting g ad
to
~are and they took them~t the grocery store,took ~hem
as they got paid,they got paid for everything they did'
Th~y dia everything that was'asked them..,
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Q Why did your mother decide to go into the nursing home
after yOUT father died?
A She didn't like the way she lived down there and it was
getting her down.Her physical health was getting wars.
And I asked her to come and stay with me,but she refus d.
_._-----~-----------------------------+----i
----~.--------;-----------------I'"--
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Q Isn't it really true that what happened was you suggested
to your mother that she would be unhappy staying where she
was,that the Hudocks offered to take her In,but prior
to having made that offer,they asked you to take your
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mother in,which you refused to do.and that she was
then admitted to the nursing home?
No.My mother wanted to go to the nursing home herself,;
And r told her I'd t~ke her to my place to live,but sh
wouldn't go.She'd rather go there so she wouldn't be
-a burden to anybody.When she told the Hudocks she
wanted to go to the nursing home,they tried to discour ge
her and tell her how bad it was,they'd beat her up and
things like that.
Didn't your wife state at ~hat time that if Mrs.Madlial,
your mother,moved in with the Hudocks,that she would
burn both houses down,and thatyour mother was In
such a state of fear,that the only ,alternative she had
was to go to the nursing home?
That I'd burn it down?
That your wife would .
They made that statement.My mother told me that.
THE COURT:Who made what statement?
A Hudocks said if she didn't go there,they'd burn the
house down.
THE COURT:Hudocks were going to burn
-'----~-------------------II
--------------..------------------------------------'""""'---
Andrew Madliak,Jr.
the house down.
A Yes.
88
Q Mr.Madliak,what was the condition of the home at the
time your parents lived there?
A When she was at the home,as far as I could see,they
gave her the best care they could.
G What were the physical characteristics of the home?
THE COURT:
Havencrest?
What home was this,
Q I'm sorry.Their residence,Your Honor.Mr.and Mrs.
~adliak's residence.
THE COURT:
nursing home.
Then there was some sort (f
A This is the Brownsville Nursing Home.
Q ~y question is not as to that.My question was as to
their residence in Bentleyville.
THE COURT:Your mother was taken
to the Brownsville Nursing Home;your father
was taken to Havencrest.
A Yes,sir.
THE COURT:So we understand whRt
homes we are talking about •
.Q Nould you please describe for us the physical character s-
----:-----tt-------''--7-------------------~--+_-_iI
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Andrew Madliak,Jr.
tics .df yout parents'residence in Bentleyville?
You mean jus t betwee'n the both of them?
The,house,the structure.
The surroundings and all?
The house itself"oid they live upstairs?,--
89
A
A,
They lived upstai~s,but they had the kitchen downstair ,
two floors.
Was it an old home?
Well,yes.It's a pretty bId home,just a four-room hou e.
C Were there many facilities,luxuries,furniture?
A Nothing like that.
THE COURT:They had two bedrooms
upstairs and livingroom and kitchen downstairs.
A Livingroom upstairs and one bedroom and a kitchen
downstairs and an extra room.
Q What condition was the house?
A My dad always kept it in pretty good shape.
Q W.as it as good as yours?
A No,I wouldn't say that.
Q What things do you think were wrong with it?
THE COURT:
this is relevant?
MR.REGA:
Would you tell us how
They have made allegation~
in their petition that there was unfair conside -
ation paid for the house.Of course,we contend
-.------+-------------------------------1---
Andrew Madliak,Jr.
that a gift was made of the house.But I would
90
like some idea of Mr.Madliak'a impression of t e
value of the home...I i
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/THE COURT:Go ahead.•,
A The value of the home?=:.'
::,
>Q'No.I want to know ---you said it wasn't as nice as you s ..I>....,'1'"u What 'kind of'things '~~re with it?z wrong:;:
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l-e-they satisfied for what they had.e:were
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l:A Yes,furnace.c a gas
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I-A Yes.II:0n......
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e THE COURT:Was that in the basement?
A It wason the same floor as their kitchen.
THE COURT:
the house?
What were the dimensions f
A Well,I can't give you that accurate dimensions.The-.----------1Il-------..::......----....::;.---~--+---
Andrew Madliak,Jr.
rooms were ten by twelve.
91
Isn't it true that if that house was in any state of•A
Q
THE COURT:
c<;>mpany house.
About that size,yes.
Just like an ordinary
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repair,it was largely because Mr.Hudock tended to it ct
your father's request?
Well,there's repairs he did at my father's request,ye c •
He used to cut the lawn,cared for the garden.
Yes,he did.
Trimmed the hedges .
Yes.
He did this regularly.
Well,as often as my dad wanted hiu to do it.
Q
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From the period of 1963 when they commenced helping
them through their death.
Yes.
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what year?
,68.
THE COURT:
A year later .
When did your dad die,
And your mother died when?
THE COURT:'69.
-.----.---------------------1--
Andrew Madliak,Jr.
A Yes.
92
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Q
A
So anytime your parents requested Mr.and Mrs.Hudock
to do something,they would come down and do it.Is tha
right?
That's right.
When your mother went into the nursing home,isn't it true
that you suggested that she write another Will?Isn't
it true that you pestered her completely?
That was her idea,sir.The way this happened now.
the Administrator called me up on the phone,told me
there was something funny going on----
the hospital Administrator.
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The nursing home Administrator,Mr.Cornelius called
me up.He said,"You better come up and see.Things
don·l-.t look good with your mother and these people brought
them up here."When I came up I went over to see my
mother and I talked to her;she told me herself she
wanted to make out another Will.
Isn't it true that your parents pleaded with you durin!
the latter part of their lives for you to come back
and take care of them?
Pleaded with me?No,sir;no such thing.
Isn't it true that at one point when your mother was
in the Washington Hospital,you too were admitted to tle
,.r,
Andrew Madliak,Jr.93
Washington Hospital,and that neither you nor your wife
stopped once to visit her?
A I visited my mother,yes,I did.
A No.
A From the insurance policies,no.
life insurance policy?
A I didn't get anything from the estate.
In other words,to date
What about the estate?
Either one?
THE COURT:
THE COURT:
THE COURT:
or father.
you haven't received a .nickel from your mother
No.
policy upon his death?
Q Mr.Madliak,what monies did you receive from the estate
of your mother after she died?
A
A I didn't receive anything.
Q Isn't it true that you received $500.00 from your mother s
Q Did you not receive $500.00 from your 'father's life insu ance
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MR.CROTHERS:There is no estate here,
Your Honor.That is the object of the hearing
t·
is to marshal the assets of the Mary Madliak est teo I
-.-------l~----------.--------------------------_4_--_l
.---------~-----------------------------------------f----
Andrew Madliak,Jr.
The only assets of the Mary Madliak Estate that
existed were one checking account,one house
and one metal box,the three of which were giver
94
to someone else.That is the object of the hearing.
This estate is insolvent without these assets.-
THE COURT:Who paid the funeral bill!
MR.CROTHERS:::The funeral bills were pa·d,
Your Honor,prior to the deaths---subsequent
to the death of Andrew Madliak,Sr.•but prior
to the death of Mary Madliak.And they were paic
out of the ;oint accounts.
THE COURT:In other words,the
funeral bills were paid off as to the mother in
advance.
MR.CROTHERS::Yes,in advance of her
death.
Mr.Madliak.didn't you receive all of~the furniture
i~the home,porch furniture,the lawn mower and the
!cols that belonged to your parents?
I got about half of it.'The re,s t Mr.Hudock got.
~cur mother entered the Golden ~ge Nursing Home in
September of 1968.Isn't it true that Mrs.Hudock
1
delivered to .you Social Security checks for the month
of September and October in the amount of $35l.80?.{
Andrew Madliak,Jr.
A No.There were two checks.
Q And that after that date,you stopped the mail at your
parents'residence and that you received all of their
mail,including the Social Security checks.
After I stopped,that was the only two checks.They
were getting the rest of their checks.
95
You stopped the mail when?
After she told me to stop it,after she went to the hom .
That was in September.
Yes.
When did she die?
She died in January.
Where did all of those checks go,from September fo
January?..
Those checks I didn't receive.The Hudocks were getting
her mail in the meantime.
I thought you said you stopped the mail in September
when s~e '~ent'into the nursing home.
That's right.I only received two of the checks.
What did you do with the mail when you stopped it?
Where did it go?
The mail,she didn't have no mail coming as far as that.
The Dnly thing she had coming was the checks.
Q Did you instruct the Post Office to deliver the mail?
A To my home.
~So all"of the mail from September until the date of
your mother's death went to your house.Is that right?
Andrew Madliak,Jr.
A Well,yes,but there was no mail at all •
96
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MR.CROTHERS:Your'Honor,maybe I can
f
I'clear up the existence of two checks,.which Mr.
Rega is interested in.The 0ctober check and
the Novembe~check were both on the Inventory
of the metal box,which was given by Attorney
Costa to us'on March 11,1970.Both of those
checks existed in the box at that time in the
sum total of $351.80.So that would account
for the existence of the two checks.
RED=RECT EXAMINATION BY MR.CROTHERS:
Q When did Michael Hudock take over caring for your paren~s?
What year would that have been?
A Well,that was the year he---after he broke his hip.
Q 1963?
A Yes.
Q Do you know when the account with your name on it was
closed?
A That I knew nothing about until later on.
Q I show you now what is Petitioner's Exhibit 7.Do you
ever remember signing that agreement to establish
a joint account?
A That is my writing there.
A
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Andrew Madliak Jr 07
Is that your signature?
Yes.
And could you indicate to me what the date is on that
instrument?
It's got here 1957.
What date?
The 19th day of Julr.
Can you then identify the top item on that Petitioner's
Exhibit 7 for me?Identify what this item 1S.
Mellon National Bank and Trust Company,$12,423.75.
=Q What does that check represent?What does it say?~
If the Court would like to take judicial notice of the
fact that this is the check---
The Court will take notice of the fact that this is the
notice of it.I might take actual notice of it.
withdrawal slip clostng savings account number 20734,
which is the joint account established in July of 1957,
including Andrew P.Madliak,Jr.'s name.It is signed
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THE COURT:
Can't the Court read this?
I can't take judicial
by Andrew Madliak,Sr.and is dated June 8,1964.And
it is then your testimony that ---when did Michael
Hudock take over caring for your parents?
A '63.
THE COURT:Is that an exhibit that
,
you want to introduce?
Q Yes,Your Honor.I'd like to introduce Petitioner's
Exhibit 7 into evidence.
THE COURT:
there.
MR.REGA:
Show it to your adversary".
We have no objection.
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introduce this into evidence.
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It's admitted.
Mr.Madliak,when Mary Madliak,your mother,entered
the Golden Age Nursing Home,who entered her into that
facility?
Mr.Hudock.
Did you know that Mary Madliak was going to be entered
in that facility?
We talked about it.And they tried to discourage her
from going in,but finally they got her in.But I
didn't know---she was in there,a couple days later
.Mr.Cornelius,the Administrator,called me up and
told me.
Q At the time she was entered'in the home,did you not knt>w
she was going there?
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I didn't know she was entering until I got a call from
the home.
What did Mr.Cornelius tell you at that time?
A He told me Mr.Hudock entered my mother into the home.
MR.REGA:
hearsay.
THE COURT:
I object,Your Honor.It',
I agree',it is hearsay.Blt
I don't think it's of any moment,do you?
~R.CROTHERS:I will withdraw the
question anyhow.
THE COURT:
anyway.
He'withdr~ws the question
MR.CROTHERS:I have no further questions.
~ECROSS EXAMINATION BY MR.REGA:
Q You say your mother talked about going into the nursing
home.Did she ever express a desire to go into the
nursing home?
THE COURT:Did he answer the first
question?I didn't hear it.Let him answer
the first question first.Read the question.
(Stenographer reads back the first question).
A
Q
A
That's right.
Did she express a desire to go into the nursing home?
She wanted to go in the nursing home because she didn't
like the way she was living.So I tried to get her--
I said,"If you don't like the''W9.-Y you're living down
there,come and live with me."She didn't like the idea
She said."I'd rather go to the home."
If what you say is true,why would the Hudocks agree
to do that,if they held such influence over your mothe ,
why would they take her up there?
Because she insisted on it.
Did you have any trouble seeing your mother up there
the few times that you saw her?
I didn't have no trouble.When she was there I could
come in and see her and that was it.On one occasion
the Hudocks,when I was there,they came in there
and they came up with the check.They wanted her to sig]her
name to that zroup of pension checks she was getting.
,And the Administrator told them the only time they
come there is when they have anything to sign.
And so three days after she was admitted,you contacted
Mr.Kuzdenyi to have a Will made for her,is that right
It was longer than three 'days~
How many days?
It could have been a week ·or two.
Your mother entered the Golden Age Nursing Home on
I 'the 14th of September,1968.Is that correct?
Andrew Madliak,Jr.101
THE COURT:Did you answer?You have
to answer yes.
A I couldn't tell you the date.
back at 3:15.
,-,.
answer here in order to record it.
MR.CROTHERS:Your Honor,if I am not
,.,
We are going to have a
That is what the record
We have to have a vocal
You see,she can't take
:That's all I have~MR ..REGA:
THE COURT:
THE COURT:
THE COURT:
THE COURT:
take a matter in chambers and we will report
shows.
recess here for about 15 minutes.And we have t..
correct,Mr.Madliak testified he did not know
when his mother entered the nursing home.
nods down on the Stenotype here.
I apologize both to the Court and stenographer.
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At 3:15 P.M.April 29,1974,the hearing reconvened:
l\t~R.REGA:
question';
I want to recall Mr.Madliak for one
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ANDREW P.MADL IAK,JR.'RESUME S THE STAND.
CONTINUED CROSS EXAMINATION BY MR.REGA:
Q.Mr.Mad1iak,when was your father admitted to Torrance
State Hospital?
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You mean what year?
Yes.
That would be ln 'uBi
Are you sure that it was not August of 1967?
Yes,you're right.
August of 1967.
Yes.
How long was your father in the hospital in Torrance
State Hospital?
About six,seven months.
Did you ever once visit your father during that time he
was there?
One time.
Thato's all.
MR.CROTHERS:Mr.Madliak,was there any reason why
you did not visit your father at Torrance State Hospita ?
Andrew Madlia~,Jr.
I didn't have the transportation.
103
MR.REGA:"
THE COURT:
I object to the releva~cy
I certainly think it's
relevant.I have to .overrule you on that.
A I didn't have the transportation to get down there.
MR.CROTHERS:Thank you.Your Honor,at this time
I'd like to call the respondent in this case,Michael
Hudock.as for cross examination.
(Witness excused).
THE COURT:Do you have any objection to him being
called for cross examination?
MR.REGA:No,Your Honor,as long as it is under-
stood that the petitioner is bound by the testimony.
MICHAEL HUDOCK IS CALLED AND SWORN AS ON CROSS EXAMINATION
BY MR.:"CROTHERS:
Q Mr.Hudock,do you remember the date of April 16,1974?
Do you remember what happened on that day?
A
Q
Well,this April,.that
Ko,1974,this year.
was when the Will was signed oVer.
THE COURT:This month,a couple weeks
-'------it-------------------------------+---
~------~~--------...;...------------------------~-
Michael Hudock
ago.
Do you remember what happened on that day?
No,not necessarily,I don't.
Was your Deposition ever taken in this case?
Well,whenever I talked to you and the other lawyer I
told the whole story about the case.
'Whe~didyou talk to us about the case?
I believe that was about mayb~a week ago,sir.
Could it have been April 16,1974?
It could have.I don't recall the date.
And at that time,you testified regarding this case,
is that correct?
Yes.
At that time,do you remember what your answer was
as to a question that I put to you?The question was,
the first question was,"Could you tell me specific
names of who would come to visit the Madliaks?"
104
MR.REGA:Your Honor,I don't belieire
this is proper.Mr.Crothers has a right to
make use of the Deposition.He should lay a
proper foundation and ask questions.
THE COURT:I think that is correct.
I think what you have to do is read the Deposit~on
to the witness and ask him is it true or correc~.
MR.REGA:Should·he not first ask a
~--------r---------------------------------_....
Michael Hudock
a question?If he asks a direct question it
may not be incoftsistent'~it~th~DepOsition.
1 fl ['"
THE COURT:
trying to do.
I dori't know what he is
MR.CROTHERS:Your Honor,I am trying
to get the testimony that Mr.Hudock testified
to on April 16 into evidence.
THE COURT:Just read the Deposition
and say,did you say such and such a thing,
and ask him to verify it.Where is the
Deposition?
MR.CROTHERS:Right here,Your Honor.
THE COURT:You have the Court's
copy,don't you?
MR.REGA:
my own copy.
THE COURT:
MR.REGA::
Contest,Your Honor,
THE COURT:
No,Your Honor.I have
We gave you the Court cop •
That was of the Will
We also gave you the Cour
copy of the Deposition.It's right there in
your hands,as a matter of fact.So make sure
.---------~-------------------------·I------------.-----
Michael Hudock
we get those back now,the Court's copy of the
106
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Deposition and the testimony of the Will Contes •
I am directing those remarks to Mr.Rega.
Q On that date,Mr.•oHudock,·I:askep.you,'''Out of the
,
twenty-four hours,could you give us any indication of
how long you spent at the Madliak residente?"You
answered to that,"An average of about 6~'hours a day,
if not more."Is that correct?
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I believe so.
But my question to you was,"Did they tell you about al
their problens?",Your answer was,"No,I never would a~k
about them.Whenever he wanted to tell me something,
he told me."My question was,"Did he tell you of them~"
THE COURT:I Not too fast.She has
to get this down.If you have a copy of that
Deposition,let me have the Court's copy.What
page are you on?
I'm on page 20,Your Honor.Your reply to that questio~
was,after the question,"But,he did tell you of them?'
your reply was,"He started little by little until late'"on
he got deeper into it."My question was,"What would
you talk about?"YOU said,"He talked mostly about
his son,why he couldn't understand'how much he gave
his son,and his son didn't want to take care of him."
Did you testify to that?
i--------1t-------------------I-__
I_~~
Michael Hudock
A True.
Q On page 24,Your Honor,the question was,"Did Andy,
Sr.talk to you about his personal affairs ln 1965?"
107
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Your answer was."Yes,he started to get deeper into thEIm."
My question to you was,"What did he tell you?"Your
answer was,"He told me he had money.He never did say how
much.and I never asked him how much.It was none of
my ;bb~iness.He says that he like to sign the Will
on me.Well,I says Andy,you don't have to do it.
He says he wanted to give it.He says he wanted to giv
it to me as a gift and for wor~ing for him,~'is,·that
correct?-
now.You are not reading these accuratel-.
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these
THE COURT:You're not completing
"He says he wa'nted to give it.He says he want ,d
to give it to,,me as a gift ana for working for
him the way y.ou have been doing."
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Q 1I'm sorry,Your Honor.
MR.REGA:Excuse me.Maybe I mis-
understood what is happened here.My understa
of the use of the Deposition was to impeach
the prior inconsistent statements.Mr.Crothe
has a right to examine my witness.If he is go-~g
to draw from the Deposition,then he will be
Mi rh~.el Hudoc·k ,()Q
bound by all of the statements of the Depositio~.
THE COURT:I think you are bound by
what is in the Deposition if you are going to u e
it .
by the entire Deposition.You can make him
IMR.REGA:He .is making particular
MR.CROTHERS:.Yes,Your Honor,I agree
I don't think he is bound
I am ?uggesting that he
He is b9und by the questipns
"
THE COTJRT:
MR~REGA:':
THE COURT:
MR~CROTHERS:I will agree,Your Honor.
are going to make him your witness,so you are
is bound by the en~ire Deposition.
your witness if you want to,and I presume you
we~are perfectly bound by the questions.
bound by all of the questions he asks.
he asks.He agrees that he is.Don't you?
selections from the Deposition.He has to be
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MR.REGA:But it is crucial at this
point to determine what Mr.Crothers would be
bound by,and I submit he is bound by the
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entire Deposition,not only the select portions
that he asked here.
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THE COURT:I don't think he is bound
by it because all he is doing is using the
Deposition presumably to refresh the man's
recollection,I would suppose.Is that what
you are using it for?
MR.CROTHERS,:,Yes,Your Honor.The
statements he made concerning the----
THE COURT:You called him as on
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that.
THE COURT:
We have time.
MR.REGA:
THE COURT:
He is going to force me t do
It's all right with me.
Will he be bound by it?
He is only bound by what e
is putting in here now.He 1S not bound by all
the man's .statements.He is only bound by what
he is interrogating him on at this present time
M;rh~l'>1 Hudock 110
He is allowed to refresh the witness's
recollection.He 1S allowed to lead the witnes<•
MR.REGA:I understand that,but
this Deposition was not prepared for admission
MR.CROTHERS:Yes,Your Honor,it is.
Page 28,Your Honor.the last four questions.My
question was,"For the whole year?"Your answer was,
"Yes,I would say it was pretty good."Is that correct?
'66,Mr.
'66,like I
My next
We were discussing
That is exactly why he isTHECOURT:
doing what he is doing.That is my understandin~.
Is that correct?
into trial .
knew it went th~ough from year to year.
'67 was the year we asked you about.
I know,sir.But I am trying to answer it the way I
Kot necessarily,I didn't say it that way.
Madliak had a wonderful year.
Andrew,Sr.Your answer was."Good."
his physical condition in 1967?"
question to you,Mr.Hudock.was,"How would you charac erize
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said,he had a wonderful year.In '67,Mr.Madliak stil~
had a good year,except he was a little weak.
Q You would still characterize,as your Deposition states,
that in '67 he was in good condition.
-.----tr-----------------------1---
Michael Hudock
Yes,he was.
Q My next question was,"What about his mental condition?'
III
A I would say his mind----
THE COURT:Just a second.You asked
two consecutive questions there.Go ahead.
You said,"What about his mental condition?"•
There was no answer to that.Then you said,11
"During 1967 it was?lI And then he answered.
Q I'm sorry.I apologize for that,Your Honor.
THE COURT:·In other words,he never
answered the firs t '".ques tion.
No.He must not have answered the question.Page 33----
THE COURT:Let's talk about this one.
Do you want to know about this?
Q No.I withdraw the question concerning his mental
condition,Your Honor.I am withdrawing it now,asking
about that portion of the Deposition,unless Mr.
Hudock would like to answer that right now.
THE COURT:
in charge here.
You're the man that's
Q What about his mental condition in '67?
A In '67,Mr.Madliak,he had a little sickness.
THE COURT:Was his mental condition
Mirh::lpl Hllnnrk , ,?
A
good or bad?
I would say it was fair.
Q During the e~tire year 1967,would you say it was fair?
P.Yes.
THE COURT:In other words,he under-
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Yes,he did.He had a solid mind.Mr.Madliak,you
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of anything.What Mr.Madliak wanted,that's what
Mr.Madliak wanted .
During the entire year of 1967?
Ever since I knew Mr.Madliak.
My q~estion is during the year of 1967 •
was,"No.lI "'!our answer was,"That was in 1967."I
I would say 7es.I've talked with him.
TUrIi.ing to page 33 then,the question was,"When did
Is that correct?
r might have said that,sir,but it wasn't in April.
and you said."'Ab~)Ut April."
then asked you if you had any idea what particular date
Your answer vas."A specific date?"My question to you
Andy,Sr.and Mary add your name to the Mellon Bank accDunt?"
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Q My question -:hen to you was,"Could you characterize
Andy's physical condition at that time?"Your answer w~s,
"It was good mentally and physically."Is that correct~
------"it--------------------------....:..'.~,-+---
Michael Hudock
A I might have said that.
ll~
MR.REGA:What is the witness
testifying to,April or July?
THE COURT:He's corrected that.He
said he meant to say July.Is that correct?
A.Yes.
Q So you are testifying then at the statements you made
in here 'that Andrew was good mentally and physically
was as of July,1967.
A.Yes.
Q Page 36,Your Honor.I'm sorry,it's 35 instead.
Our question to you was,"What did Mr.Morrow say?"
The answer was,"I couldn't tell you exactly,but he
explained everything to Mr.Madliak and Mr.Madliak
knew what he was doing."Question -"You are telling
us that Mr.Madliak intended at that time to turn over
all of his life savings to you?"Answer -"He did.
yes."Question -"To you at that particular time?"
Answer -"Well,he turned over the bank book to me.It
had Mr.and Mrs.Madliak's name or Mike Hudock."
Is that cor:rect,Mr.Hudock?
A.When he turned the bank book over to me,that's the
name he put on it,Mr.Madliak,Mrs.Madliak or
Mike Hudock.
Q At the time that the agreement was signed to add your
Michael Hudock 114
name to the Madliak bank account,did Mr.Madliak turn
that book over to you?
A The bank book,sir?
Q Yes.
MR.CROTHERS:The relevance is the
remember whether he turned the bank book over
What is'Tthe relevancec".of this question?
to you at that time or did he not?
So what happened then?
I think it is relevant .
I object,Your Honor.
THE COURT:
THE COURT:
MR.REGA:
If he can answer it or if he remembers.Do you
control of the financial relationship involving
the three parties.
Like I says,I never interfered with his business.
that I could get the money out.
..
case that I needed the money or if he needed the money,
Well.he kept it for a little while.And he said in
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Q What happened to the bank account ~hen he told you tha ?
What happened to the bank book?
A The -bank book,I believe he kept it.
Q Then you are refuting your testimony of this Depositio ,
Michael Hudock 115
am I correct?Because you testify in here that he turnec
over the bank book to me.Did he turn that bank book
Yes.
The name is what I meant.
He turned the names over to you.
That is not what he testified.
Remember now,you can't
I object,Your Honor.
THE COURT:
MR.REGA:
with thatyou were going to accept this as true,
impeach him because you told us to start off
MR.CROTHERS:That is exactly what he
testified to.
I'd say yes.
But you testified that he did so,1S that correct?
Did he give you that book?
I don't recall if he did or not,sir.
Whenever he changed the bank book over to me on my name
He changed the bank book over to include your name.
over to you?
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that he did turn over the bank book;that the
decedent turned over the bank book to Mr.Hudock.
Now,of course,if Mr.Hudock wants to correct
it,that's agreeable too.You are bound by the<e
statements.That is what you told us,you wan ed
to be bound by them.
------n---------------------l----J
Michael Hudock 116
MR.CROTHERS:Yes,YIDur Honor ..
THE COURT:You will have a chance
to cross examine Mr.Hudock,Mi.Rega.
Read that slowly.I don'THE COURT:
think you read it cOrrectly.
say what·she·did;maybe she didn't do it that day."
she did."Question,"Did she clean for Mary?"Answer,
was,"The same type of things I had been doing.Workin~
in the yard and odds and ends,anything."Question,
"I believe she did,I wasrlt always there,I couldn't sa'
I'd like then to turn,Your Honor,to page 51 of the
Deposition.The question 1S,"What type of things
were you doing 'for Mary at that time?"The answer1
"I believe she did.,I wasn't always there,I couldn't
"What about your wife?"Answer,"Same thing,everythin~."
Question,"She cooked f.or her?"Answer,"I believe
she did it and maybe she didn't do it that day."That'
the way it should be.Is that your testimony then?
I'd say yes.
Mr.Hudock,would you say that as of 1967,that you and
your wife were p~rforming all functions for Mary Madlia ?
A We were doing everything,we had been doing everything
the same as we did before for them.We did their
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------------,.----------------------------------------.-~-
Mirh;:lpl Hl1(lnrk 117
cooking and went through the same routine.We might
have even visited more.
Q But you were performing all"functions for her,is that
correct?
Yes.
I'd like to turn to page 66,Your Honor.Question-
"Did you and your wife 'live-in this home ever?"What
we were referring to is the Madliak home.Your answer
was,"We stayed there at night,when they weren't feeli g
good."Is that correct?
Yes.
It is your testimony then that you stayed with ~ary Mad iak
and Andrew Madliak,Sr.on weekends.
Well,when he came from the hospital,he was the same
as anybody else.He didn't have the regular strength coning
out of the ho~pital.He stayed upstairs.He had his
bed upstairs and the kitchen was downstairs.The reaSOl
we stayed there,so he wouldn't get up out of bed to go
downstairs on them steps.We were scared of him fallin~.
We didn't want 'him to get hurt.We'd go down and get
his water for him and whatever he wanted.That's the Slme
as her,because she couldn't see that good.She had
cataracts and we took care of them.
Q On page 69,Your Honor,the question was,"After Andy,
Sr.died what was Marts physical condition?Would
you say she deteriorated after his death?"Answer-
-'-----"ir---------------------------+---
,
Michael Hudo.ck
"I say she deteriorated when'ever she died."Question-
"After Andy,Sr.'s death,did she require more attention.
118
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from you and your wife?"Answer -"I had been going dOrm
there all those years,and I kept on going down to
see her."Question -"Did you plan to go down more
often,because Andy had just died?"Answer -"Yes."
Question -"You did go down mo~e often."Answer -"Yes,
because she needed help.My wife went down and did
everything possible."Question -liTo the best of your
recollection,would you say that Mary Madliak at that
time could take care of herself?"Answer -"Not
exactly.She couldn't."Question -'''You would say
that she could not take care of herself?"Answer-
"No,her age was getting her and her eyes."Question-
"Did your wife go down?"Answer -"Yes,sir."
Question -"What did she do when she went down?"
Answer -"I don't know.I wasn't there at all times."
Question -"Did you continue to do the things that you
ordinarily did?"Answer -"Yes,my wife would give her
a bath.I would have to help put her in the bathtub.a~d
I would help take her out of the bathtub."Question-
"You say that both of you helped Mary Madliak?"
Answer -"Yes,sir."Question -"Did she cook for
her?"Answer -"Yes."Question -"Would you say to
to the best of your recollection that Mary Madliak was
dependent upon you for cooking?ll Answer -"We think
she was depended upon us a lot.She liked us,and
Michael Hudock
she knelv WE would help her.II Question -IIShe was
1 1 ()
depended upon you to help her cook,to help her clean
and to help hEr bathe.Did anyone else help Mary
Madliak at this time?1I Answer -llNot that I l<.now of .11
Question -IINo one else went down and helped her or
cooked for her or bathed her?tl Answer -tl No ;tl
Question -IIDid you stay at her home for an extended
periods of tirr:.e?1I Answer -IIWhat do you mean,overnig t?
Oh,yes,on weekends I stayed in the night to keep
her company and give my wife a break.tl Question-
tlSo Mary Madliak was totally depended upon you and your
w~fe for all the help.No one else helped her at
all?tl .Ansvler _.tlNo.tl
Mr.Hud08k?
Yes.
Is teat your testimony,
As of the d€ath of Andrew Madliak,Sr.,is it your
testimony that Mary Madliak waE completely dependent
upon you and your wife for all help·~,.
Well,li~e I said,yes.What 11 m getting at now,
,\
she was 6etting older.And it was harder for her
to see.So we didn I t want nothing to happeil to
her so we took the best care we could.
Did you cook for her?
No,I didnlt.
Did your wife cook for her?
Yes.
Did your wife clean for her?
r-----------.---------------------------------"'T"""--
Yes,she did.
Did your wife bathe her?
Yes,she did.I helped.
Did you stay there for extended periods of time like
over weekends?
I would do what I had to down there and ltd do my
11 ?n
outside work,whi+emy,wife was inside doing things.
Is it still your testimony that you 'S,p'en~approximate I,
six and a half hours a day at the Madliak home?
ltd average six and a half hours,good.
And it is your testimony that Mary could not fend
for herself at that time.
I wouldntt say she couldn't go for herself.
She could not do anYthing for herself,is that correct
I didntt say she couldntt do ncthing for herself.
But you saif she was dependent upon you.
Ye s,she di:::.•
Page 72,Yot:.r Honor.The question was,"Did anybody
other ttan you and your wife stay with Mary overnight?I
Answer -"No,[1.e and my wife used to stay.One time
I would take a turn and give her abreak,then she
would stay."Que stion -"About when did you start
staying overnight with Mary?"Answer -"I dontt know.I
Qt:.estion -lIWas'it before or afte:o Andy,Sr.'s death?"
Ar_swer -"Before."Que sti::m -"And after Andy,Sr.'s
death ycu ccntinued to be the only outside contact Mrs
Madliak had?"Answer -"Yes,as far as he:"p."Quest~on-
I
M-;r>hqpl Hudock
"You took her everywhere?"Answer -"Yes."Question -
l1Your w::"fe performed all chores and tasks requir ed to
keep her al~ve?II Answer -IIYes •II Is that your
testimony?
A Yes.
21
MR.CROTHERS:At this time,Your
Honor,pursuant to the Membrandum of Law which
I submitted to you earlier,I think that on
the testimony that exists here,Mr.Hudock ane
Mr.Madliak have both testified that Mary Madli~k
was completely dependent on Michael Hudock and
his wife for all the functions of life,and
as s1.lch----
MR.REGA:
This is premature.
THE COURT:
MR.CROTHERS:
I object,Your Honor.
Let him finish,please.
I think at ttis time,
I wo~ld like the Court to rule that a confideniial
relationship existed between Michael Hudock
and his vTife and Mary Madliak and Andrew Madlic k,
Sr.,and pursuant to this,I think the burden
of proof to prove the validity of these inter
vivos gifts shifts to t~e Respondents in this
case to prove that no undue influence existed
lUlder these statements within these gifts.
-------~rr__-----------------------------------.---~!I
Mirh::lpl Hl1nnrlc
And because of that,I think we have establishe(
the confidential relationship does exist.
And if such does exist,then the Respondents
1 ??
should be ,!equired to shift the burden or shoul(be
required to have the burden of proof upon them
to prove that such gifts were not tainted in an
manner.
MR.REGA:Your Honor,in the first
instance,I believe that Mr.Crothers'argument
was premature.I have theriQht to examine this
witness.I believe Mr.Crothers has selected
particular excerpts from that Deposition and
they do not fully represent Mr.Hudock's respon es
to the questions presented to him.They are
certainty not in context,number one,and I
would be prepared to state that if Mr.Crothers is
indeed bound by this testimony,there is signif cant
testimony that would bind him as to such things
as the competency of Mrs.Madliak and soforth.
Addressing myself to the legal issue,I believe
number one,that it is almost academic in
Pennsylvania law that dependency,even total
dependency is not sufficient to establish a
confidential relationship.
THE COURt:
on this?
Do yoV hav.e a Memorandum
Ii ..~••1 •
MR.REGA:
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I do not have a Memorandu~.
I can cite you a decision to that and submit a
Memorandum to you,Your Honor.
THE COURT:What is your case?
Meanwhile,I think you do have the right to
examine the witness under all the circumstances
There is no doubt about that.
MR.REGA:I would cite to'the Court
in re:King Will,369 Pa.523,87 A.2d.
THE COURT:
MR.REGA:
Which said?
It stated in very decided
and unequivocal terms that physical infirmity
alone,no matter how traumatic or how encumberea,
1S insufficient to establish a confidential
relationship.The fqcts of that case included
~mong other things,·an elderly woman who was
absolutely incapable of caring for h~rself.
She was unable to control her physical members.
The Respondent·in the case lived with her cons ant-
,.
ly,.,cared for her,conducted all her financial"
affairs,had a Power of Attorney.In the ligh
of this,the Supreme Court said there is no
attack,as there has not been here.on the
mental competency of the individual,of the
Michael Hudock 124
decedent,and therefore,there is no evidence t at
the Respondents maintained such a total influen e
I
over the affairs of the individual.I
THE COURT:His contention isn't
the Hudocks,he's not saying that you have lost
your case.He is merely saying that the burden
evidence that whatever happened here was free
of all taint of over-reaching or fraud or
of going forward now shifts to you and Mr.Hudock
would have to testify .or pre~ent some kind of
no~
Yes,I am saying that
Are you saying that is
I agree,Your Honor.
THE COURT:
MR.REGA:
MR.REGA:
the law?
What I am ----
whatnot.
what you are making it to be.What he says is
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dependent physically on these two people,that is
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first of all,the proof of physical infirmity isi
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not in the record.We have testimony that a Wil~,
was made,this woman could understand English,!
that she was competent.Secondly,I am saying l,
that total dependency,by virtue of physical
--------------------.-----------.
Michael Hudock
infirmity or incapacity,is insufficient
125
under Pennsylvania law to establish a confident al
relationship that would entitle them to shift
the burden to us.
MR.CROTHERS:Your Honor,the Memorandun
which I submitted to you indicates eight differEnt
factors which the Courts of Pennsylvania have
used to determine what is or is not a confident al
relationship.And I think that at least at thi'
point,we have significantly proven several of
these;not only just proven mere physical condi ion
as Mr.Rega has shown.There are indications aId
testimony on the record of the mental condition
of Andrew Madliak,Sr.There is testimony on thE
record of language or communication barriers
of the donor.Mary Madliak didn't read or
write English.
THE COURT:Well now,just a second.
Your person said that she could understand
English,that he spoke to her in English.
MR.CROTHERS:That wasn't the question.
The question exists now on one of these transfers
of a deed which she signed,she couldn't even
read.
THE COURT:
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established that she couldn't understand.
•
On the contrary,the attorney that testified as
your witness said he talked to her and she
understood what he was talking about.That
clearly is on the record.
MR.CROTHERS:The fifth factor here,
Your Honor,is the degree of dependence of the
donor upon the donee for the necessities of life.
THE COURT:The Proponents claim herE
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that Kings Will,which was a subsequent case,
repudiates the factors.I don't know if that s
true or false.I haven't read the cases yet to
find out.Does King's Wi.ll reverse the case
Teat s ver sus And er son?(3 58 Pa. 523,1948).
find that the law of these cases are consisten ,
their construction,the facts of this particul r
submit more cases.I must apologize for not
being totally prepared on that,but I think yo will
I don't believe.I willMR.REGA:iiia:IIII-a:oQ.
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THE COURT:Mr.Crothers contends th t
if he can show that this lady was dependent
upon these two people,the Hudocks,for all the
necessities of life,if he can show that,
then he says that the burden of going forward
----------.1.---------------------------------------.--------;
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shifts toyou and your clients to show that
the transactions that he is talking about were ree
of all taint of fraud or undue influence and
soforth.Is that true or false?
MR.REGA:No.He said that in his
brief and Memorandum.He said the Court is
THE COURT:Do you agree with that?
three or more in the aggregate?
Just a minute.Did he
He says that is enough
Yes,he is right.If
THE COURT:
THE COURT:
:Y1R.REGA:
or do you have to have more than one or two or
MR.CROTHERS:The mere fact of dependen e
consider the facts in the aggregate or separate~y?
Are any of these facts standing alone enough
to consider all the factors surrounding---
is enough to prove a confidential relationship .
to prove a confidential relationship.
he can prove a confidential relationship.•-:
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MR.REGA:Aggregate.Total dependEnce
without question is insufficient alone
to establish a confidential relationship.
MR.CROTHERS:Standing alone,total
-_.----------
Michael Hudock 128
dependency of the person involved,the donor
involved in this case,total dependency of
the donor upon the donee for all functions of
life is sufficiently adequate to establish
a confidential relationship.
witnesses at this time,Mr.Crothers?
MR.CROTHERS:No,Your Honor.
him complete his examinatiQn of the wi"tries s·
more arguments and presentations of briefs
Let's do this:let's allpw
I understand we have a
Yes.
Do you have any more
THE COURT:
THE COURT:
MR.REGA:
THE COURT:
and then tomorrow morning at 9:30,we will hear
to examine this witness at this time---let's halre
Mr.Rega---I think he has the absolute right
have your prief ready at this point,is that co rect?
difference on what the law is here,and you don.t
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and authorities on this question.It seems
to me there is a great difference of opinion
here b~tween counsel as to what the law is.
And in the meanwhile,you will continue your
examination of this witness.
MR.REGA:We are rapidlyapproachin~
-----------------------------------.-----
closing time.
THE COURT:It's only four minutes'after
four.We have a lot of time.
MR.REGA:Could I request a five
minute recess to look at the transcript,if
MR.CROTHERS:It has to do with the
argue tomorrow.
we ought to finish this witness up.
minutes to look at the transcript.'1 think
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IItdoesn't have anything
We will give you five
THE COURT:
THE COURT:
MR.CROTHERS:Your Honor,we discussed
subj ect of physical and mental condi tion invoh ed.
to do with arguing these questions that we have to
ln chambers the medical testimony which is goin~
to be placed in the evidence at a different time.
Mr.Crothers is going to be bound by all that?
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your motion if you don't have enough evidence
in.
MR.CROTHERS:I think that 0 t,her
testimony that is here is sufficient.But
to buttress that.if it is necessary for the
motion to go forward,then the necessity of tha~i
medical testimony would be another added factor
involved .
wants to check the record.
he can do at this point.
tomorrow morning.In the meanwhile,you are
meantime,we will take a five-minute recess.He
We are going to argue the t
I don't want to discuss that
We will put his witnesses
Yes.
Meanwhile,you have witne~ses,
THE COURT:
MR.REGA':
MR.REGA:
THE COURT:
THE COURT:
put my case on if he is not successfully
transferred the burd~n,which I don~t think
point.But I am not sure that I am prepared tc
in tomorrow,after we argue the law.In the
don't you?
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going to cross examine this witness after
we give you a five-minute recess.We are
going to give Mr.Rega five minutes to look
at the record and we will continue with the
cross examination of this witness after he's
~had that opportunity to look at the transcript
I--t-------~
I
131
of the Will Contest.Is that what you want to
look at?
MR.REGA:No,Your Honor.I want
to look at the Deposition.
THE COURT:
at,go ahead.
Whatever you want to look
OR E C E S S
THE COURT:
tomorrow at 9:30.
We will adjourn until
(Hearing Adjourned)
* * * * * * * * *** * * * * *** * * * * ** * * * * * * *
In Tuesday,April 30,1974,at 10:00 o'clock A.M.,the
hearing reconvened:
MR.KELLER:If it please the Court,at this time,
we wish to incorporate into the record certain admissio~s
from the Answer to the Petition.
MR.CROTHERS:Your Honor,from the Petition which was
filed in this case,Number 155 of 1969,we read
paragraph number four."During her lifetime the
decedent.Mary Madliak.and her husband,Andrew Madlial.
---------n----------------------'-----J--
-------------r-----------------------------------------,------,
Sr.,who predeceased her in January,1968,maintained
savings account No.20734 at Mellon National Bank and
Trust Company,Charleroi Office,which account was
altered in July,1967,by the addition of the name of
Michael Hudock."
to this account."
The answer to that is "The allegations of
The reply in this is,"The allegations of
.
above s~vings account was the property
and that none of the money was deposited by him to this
was the property of Mary Madliak and Andrew Madliak,Sr.,
all of the money credited to the said savings account
paragraph five are admitted,in sofar as they state tha~
of Michael Hudock,nor was any money deposited by hllim
of the monies in the above savings account was the prop~rty
of Mary Madliak and Andrew Madliak,Sr.,her husband,
monies became the sole property of Mary Madliak.None
and upon the death of Andrew Madliak,Sr ..all of such
credited to the
paragraph four are admitted."
Paragraph five,Your Honor,"All of the money
account".
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MR.K3LLER:Him being Michael Hudock.
MR.REGA:Your Honor,does he not have to read
in the entire paragraph?
THE COURT:He read it.
MR.KELLER:Your Honor,we are reading in only the
133
portions that are admitted.
he has to read it entirely .
admissions.He doesn't read any denials.There would b
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MR.REGA:
MR.KELLER:
answers----
THE COURT:
I believe the state of the law is such t at
In a paragraph where the Respondent
Let's end this.He only has to read the
Q<::
no need for it.Let's continue.
on which the name of Michael Hudock was added to.the
above savings account there was a balance therein of
approximately $17,500:00."
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N~R.CROTHERS:Paragraph six,"At or about the date
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The answer is,"The allegations of paragraph
six are admi tted."
Paragraph eight,Your Honor,"Before
the death of Mary Madliak,respondent Michael Hudock,
on May 29,1968,withdrew for his own use.$4,915.59
in cash from the above savings account."
The answer of paragraph eight is,"The allegati ns
of paragraph eight are admitted."
Paragraph nine,Your Honor,"After the
death of Mary Madliak,Michael Hudock,on August 4,196 .
withdrew for his own use the remaining balance of
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$8,363.15 from the above account-"
The answer to that is,"The allegations of
paragraph nine are admitted."
Under Count II,Your Honor,paragraph
13,"Petitioner avers that on January 31,1968,Mary
Madliak,surviving tenant of a te~ancy by the entiretie<
with her husband,Andrew Madliak,Sr.,was the record Olner
of all that certain parcel of land situate in Bentleyvi Ie,
Washington County,Pennsylvania,being described as
Lots Nos.16,17 and 18 in the Acme Plan of Lots of
Bentleyville,recorded in Plan Book 3,page 143,being
the same premises conveyed to Andrew Madliak and Mary
Madliak,his wife,by deed of John Screyzolo,et ux,
dated August 20,1926,and recorded in the Recorder's a fice
of Washington County in Deed Book 541,page 456.Andre v
Madliak died January 21,1968 thereby vesting title to he
above prenises in his wife Mary Madliak."
The answer,"The allegations of paragraph
thirteen are admitted."
Paragraph 14,Your Honor,"Petitioner
avers that on or about January 31,1968 respondents
induced decedent,Mary Madliak,to slgn an instrument
dated January 31,1968 purporting to be a deed of the
above described premises to respondents.The consideration
recited therein was $500.00,which amount did not
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represe.rrtand does not represent the fair market value
of these premises."
The answer to this was,"The allegations of
paragraph fourteen are admitted in part and denied in
part.It is adnitted that on or about January 31,
1968,the decedent conveyed said premises to Respondent
by deed dated January 31,1968."
Paragraph 19,Your Honor,"Respondents
have refused to relinquish their interests ln the above
described premises ~.and respondents have refused to
convey any right,title or interest in their names to
the estate of Mary Madliak."
The answer to that is,"The allegations of para raph
nineteen are admitted in part and denied in part.Resp~n
dents admit that they have refused to relinquish their
interests in the premises above described,")
Count III,Your Honor,paragraph 21,
"Petitioner further avers that at the.date of her death
Mary Madliak was the owner of a metal strong box contai~ing
approximately $2,300.00 in cash and'other valuable
documents."
Paragraph 2l~the answer,"The allegations of
paragraph twenty-one are admitted in part and denied
in part.Respondents admit that Mary Madliak was the
owner of a metal strong box."
-'----4------------------------~-
----------n:---------------------~----------------r---
'7£:
Paragraph 22,"Petitioner avers that
Respondent took possession of said metal strong box and
renoved therefrom approximately $2,000.00 in cash."
Paragraph 22,the answer,"The allegations of
paragraph twenty-two are admitted in part and denied
in part.Respondents admitted having taken possession
of said metal strong box."
MR.REGA:I'm going to note an exception on the
record to all of this.
MR.CROTHERS:"Respondents further answer that the
balance of the cash contained in the said box and the
balance of the monies was delivered to Jess D.Costa,
the attoTney for the estate of the decedent at that tim~."
Paragraph 23,"Respondents have refused
ane continue to refuse to return to the estate of Mary
Ma?liak approximately $2,000.00 from the metai strong,,.
bo:>:."
The answer to paragraph 23,in part,"On the
contrary,they answer that they have delivered the
metal strong box and the balance of approximately
$900.00 contained therein to Jess D.Costa,attorney
for the estate of the decedent at that time."
MR.REGA:
MR.KELLER:
Your Hon'or,I'd like to note an exception.
Your Honor,I assume we are operating
-----T----------------------I-~
under the current rules that we don't have to take
exception to rules.The exception is automatic.
THE COURT:That's all right.But he can do it out
of an abundance Df caution.
MR.KELLER:I wanted to make sure that we were not
neglecting to do it if the Court was going to require i~.
THE COURT:We don't require it,but he can do it ou~
of an abundance of caution.
MR.CROTHERS,:.:Your Honor,I think the stage where we w~re
when we were last here was Mr.Hudock was on the stand
and we were.about to have Mr ..Rega cross exanine him.
I have got several other questions from the Deposition
I'd like to read to him if it is possible at this time.
MICr~EL HUDOCK RESUMES THE STAND.
CONTINUED CROSS EXAMINATION BY MR.CROTHERS:
~Mr.Hudock---this is from the Deposition,Your Honor,
page 22~--the question that we asked you was,"How
about Mary's condition at that time in 1965?"Your
answer was,"She-was pretty ·good shape except she had
Parkinson's Disease,and she would shake and her eyes."
My question to you was,"Did she have trouble seeing?"
Your answer -"Yes.she did."Is that your testimony
....~tn'-:".
------------------------------y----,
jvichael Hudock
as of 1965?
A Well,I believe it was.
Q That Mary had Parkinson's Disease and she had trouble
seeing.
A Yes.
Q Turning then to page 27,Your Honor,the question we pu
to you was,"Could you characterize Mary's physical
condition?"The answer you said was,"It was the
.!same."My question was,"She had at this time glaucoma/?~"
Your answer was,"She couldn't see.She could see.Well.
she had difficulty seeing.She wasn't blind,it just
took her a long time to see something,and we had to hold
her when she walked."Is that your testimony then?
A No.
Q It is not your testimony?
A Could I explain something there?
THE COURT:Go ahead.
A What I was trying to say was Mrs.Madliak had this
Parkinson's Disease.She was a little shaky and her eyes
-,veren't perfect.And you had to watch her when she needE d
~elp,like to ~alk or something so she wouldn't fall.
3ut not constantly.There was days her eyes would give out
on her and days they were good.That's my answer to tha .
Q Then you deny that you made these a~swers to the statem€nt
at-the time of the Deposition.
Michael Hudock 139
A I wouldn't deny that.
MR.REGA:I object,Your Honor.
THE COURT:Wait a minute.Let the
witness finish and then you can object.
he asked me them questions,Your Honor .
I won't deny it because I might have said that whenever
what he meant.His prior answer was that he did~'t
It's merely he explained
What do you have to say?
But now you are explainin
MR.REGA:'·
THE COURT:
THE COURT:
what you meant,is that it?
Yes .
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just jumped up too-quickly.
say that.That is not what he meant.
Mr.Hudock,did the condition of Mary Madliak's(eyes
throughout her lifetime stay the same or did it get bet~er
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or worse?
A Well,from the time I had been taking care of her,I'd
say they was pretty well organized.I wasn't a doctor.
I couldn't say they were better or worse.
Q But YOU were there sufficient time to determine whethel
,hp h~n difficulty seeinQ or not,is that correct?
I
A I was there when Mrs.Madliak asked for me.I helped
them.
,An
Q But did you at that time you were there,did you see Mary
Madliak having difficulty seeing things?
A Not necessarily.
~You just testified,Mr.Hudock,that Mary had a difficu t
time seeing things at the time that you were there.
Did this condition get better or did it'get worse?
A I'd say it was the same.It,was just day aft~r day,
depending on what the weathermight have been.I was no I
doctor,sir.
Q Are you saying the weather aff~~t~d her ability to see?
A It might have----
MR.KELLER:
THE COURT:
Mr.Hudock----
Just a second now.Only
one attorney cross examine.You can't double
team this man .
Q Mr.Hudock,did Mary continue to have trouble with Parlin-J
son's Disease up untilthe time of her death?
A Yes,she had.
Q Then she was having trouble with Parkinson's Disease i1
1967,is that right?
A What do you mean by trouble.sir?I answered that.I
said that yes,she had.
and troubles.
I mean there's difficulties
-----------.lr-----------------------------------...,..--......
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Q You testified she had trouble with Parkinson's Disease
up until the time of her death,so that would have"included
the period of 1967,is that correct?
A Well,phrase it as troubles,shaking.
Q She shook in 1967.
A I be]ieve she did.
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Did she still have that trouble In 1968?
I'd say she did.
In January of '68,she would have still had that troubl(.
Yes,she did.
Did she continue to have tioubi~with her eyes up until
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the time of her·death?·
She seemed,but she wasn't blind.She wasn't totally bl nd.
But she still continued to have trouble up until the
time of her death with her eyes.
She could read.She could write.
Did she continue to have trouble with her eyes up until
the time of her death?
As far as seeing sometimes,yes,
Then that would have included the period of 1967.is th t
right?She would havehad trouble with her eyes in 1967
I'd say yes.
o And this would have continued up until 1968,is that
correct?
A Yes.
Q Including January of '6S.
A I would say yes.I wasn't a doctor.
Q So it would have continued up until the time of her dea h.
THE COURT:He didn't answer the
last question.Would you read the question,pI ase?
(Stenographer reads back the last question).
A I would say yes.
Q I don't have any other questions.
EXA~INATION BY MR.REGA:
G Mr.Hudock,I am going to make reference to the same
Deposition that Mr.Crothers has been examining you on.
At that time you were asked by Mr.Crothers----
THE COURT:At that time,meaning what?
Q I am referring to the same Deposition as Mr.Crothers
identified earlier,Your Honor.
THE COURT:At that time,on page wha~?
Q :In page five.Mr.Crothers asked you,"When did you
first meet Andrew Madliak,Sr.and Mary Madliak?"
MR.CROTHERS:I am going to object to
that on the grounds that that was not something
that.was covered in direct testimony here,and I
U'.1.1 U •..:l~~',143
I think that Mr.Rega is limited in his cross
examination of this witness to items testified
to or related to items that I have questioned
Mr.Hudock concerning that.
MR.REGA:Your Honor.the thrust of
Mr.Crothers'examination was the relationship
.
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that existed between the Mad::Liaks and the Hudocl\.s.
And this question is "directly pertinent,their
relationship.
MR.CROTHERS:Your Honor,we questioned
statement on the Deposition concerns.It conce ns
the friendship of Michael Hudock and his wife tJ
Mary and Andrew Madliak in 1956.
the relationship of Andrew and Mary Madliak to
the Hudocks beginning at the time period in 196'
and including 1967 and 1968,and not including
the period 1956 to '65,which is what this
I am going to overrule yourTHECOURT:
objection.
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us some guidance 1n this?It is our understanding
that we called this man as for cross examinatio~
for strictly limited purposes.And we questione~
him only to those specific purposes,primarily
------"'it'"---------------------------+---l
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Michael Hudock
based on certain revelations from the Depositio
that had been taken.Now it is our understandin
that if Mr.Rega wants to use him as his own
witness,he will have to call him in his own
case in chief;and that his examination at this
point should be limited solely to the matters
which have been opened up in our original
examination.
144
THE COURT'f You see,the problem is,
I noticed that some of these questions were takpn
out of context.You didn't ask this witness
everything that surrounded his statements and
other statements that he made in context when ybu
were limiting him to what he said in his
Deposition.And I think that in the interest of
justice,we will allow him some latitude in
cross exanination in order to put these questions
in proper context,which I think is only·f~jr-.
under the circumstances.
MR.KELLER:We have no objection to
things which are reasonably relevant,Your Hono
to the question of control,to the questions of the
physical and mental condition of the people.
THE COURT:You put this man on,and
the rule which limits examination to what was
Michael Hudock
brought out on direct examination doesn't apply
to a party.This man is one of the real parties
in interest.
145
MR.KELLER:
Honor.
THE COURT:
He is not our witness,Yo r
He is your witness.You
adopted him as your witness when you put him on
MR.KELLER:Your Honor,we specifical y
called him as for cross examination.
THE COURT:But the rule that limits
examination of a party to that which is brought
out on direct examination doesn't apply to a pa~ty.
It only applies to other witnesses.and you
took it upon yourself to take this risk,and yo~
are bound by it.
MR.KELLER:Your Honor,as I understa~d
II
the law,there are two ways in which you can
cross examine an adverse witness,or:a witness
who appears to be adverse.One,you can plead
surprise,at whi,ch point you may cross examine
him and not treat.him--~and you are not bound,,
-~'\by what he says,:and he IS not your own witness under
those circumstances;and the second is if you
Michael Hudock 146
call an adverse party as for cross examination,
you may examine him for limited purposes and
you are not bound by his testimony and he is
not your witness and you don't open up the enti e
case because you didn't demonstrate that he was
no indication this witness is a hostile witness
There's no use arguing anymore about it.Take
an exception if you wish.
Not for this purpose.
Yes,we -specifically want
Your Honor,he is-the
IHeisyourwitnessinthisI
MR.KELLER:
THE COURT:
MR.KELLER:
THE COURT:
adverse party.And that provides all of the
"nobody forced youto call this man as a witness.
You take this risk when you dall him.I mean
case for that purpose.
hostile.If you had shown he was a hostile witn ss,
you would not be bound by his answers.There i
'hostility that we need.
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regarding the latitude that they are going to
permit the further examination of this witness.
by question basis.We are allowing latitude her.rI!
THE COURT:We are going on a questio
••••1..1 1 1 t1 7
We might not allow him latitude in another
question and in another context.So you continu
on,will you,please?
Q Is that your best recollection of meeting him,Mr.and
Mrs.Madliak,Sr.?
Q Mr.Hudock,on page five of the Deposition,I refer to ~r.
Crothers asked you,"When didyou first meet Andrew Madl ak,
THE COURT:
joke."
What about this?
Yes,I did.
I was painting it yellow to cover it.I took it as a
.
I was painting my house because it was an ugly shingle.
me that he didn't like the color I was painting my hous~.
day I was,in the yard.He was In the yard.He yelled up to
by going to town,and he didn't have much to say until pne..
because I was working on my house.I seen him passing
Sr.and Mary Madliak?"Your answer to that question
was,"Actually,I didn't really meet them that early,
~Is that the answer you gave?
A
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A Yes.
Q On page seven of that Deposition,Mr.Crothers asked yo~.
"Do you know when he (referring to Mr.Madliak,Sr.)
fell down and broke his hip?"Your answer was,"No,
I couldn't tell you exactly."Question -"Could you
Michael Hudock 148
characterize your convesations with him?'Was he in
good mental and physical condition?"Your answer was,
"Yes."Question -"Would you characterize him as a
typical 65 or 66 year old retired person?"Answer-
were asked by Mr.Crothers too,am I correct
to show,as I recollect it,these questions
He had one of the best memories I could say for a man
presented?
I'd further like the reccrd
Yes.
Now I'd like the record
Just a minute now.Are
THE COURT:
MR.REGA:
THE COURT:
THE COURT:
about that?
you going to ask a question about this?
I'm sorry.Are those correct responses to the questions
Yes,they were.
On page eight----
of his age.His memory always was good from there on."
"I would say the man in memory,he had a good memory.I •<z<>.J
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to show that this page 7 indicates the questior
right above where the answer was,"I would say that
he was in good shape until he fell down and
broke his hip,"the prior question was,"Could
you characterize the physical condition of
Andy,Sr.at the time you met him in 1956?"
I think it is clear from the record that it was
opened up on direct examination of this witness,
from 1956 up to the time of his death.
MR.CROTHERS:On the contrary.Your Honir,
time he met him in 1956.
objection to going back as far as they want
examination on the questions regarding the year
concerning his physical and mental condition at
Your Honor,we have no
Well,the answer that
MR.KELLER:
THE COURT:
an earlier time.And if it appears in the recor~,
to,as long as they put in all of the evidence
I didn't hear the specific question,but if the
questions appearing on page 7 regarded his
condition when they first met him in 1956,
was brought forth here referred to from the
1967 and 1968.
we only questioned this witness on direct<
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and the answer,"I would say that he was in good
shape until he fell down and broke his hip."
if that is in the record,we are satisfied and
he can go ahead with his examination about the
physical and mental condition,and we will not
object to it,as long as it stays close to that
J
---------.-------------------------------------r-----,
Michael Hudock ISO
THE COURT:Would you continue,Mr.REga?
Q On page eight,)1r ..Crothers asked you,"Were Andrew,Sr
and Mary able to get out of their home and travel at
A Yes.
Your response was,"No."Is that correct?
course they were up in age."Is that correct?
visit them at their home that you knew of?"Your answelv-
Is that your response?
Your answer was,"Yes,of
And you answered,"I couldn't tell you
how they got around before I got there.I had the
car.He was ahvays going uptown shopping.Of course,
he passed my house when he went up town and if I had an"
chance,I would give him a ride up:He appreciated iL
very much.He never came out and said he wanted a ride.
He was that kind of man.-
was,"What do you me<:tn?"
ordinarily?"
the time you met them?"
A Yes.it was.
Q Mr.Crothers then asked you,"Did people come down and
Q :vIr.Crothers then asked,"How did they ge.t around
A That's right.
Q Mr.Crothers next asked,"Did either of them drive?"
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MR.CROTHERS:Your Honor,I would again
object on the ground~of irrelevancy to the
direct testimony.We discussed nothing about
people visiting in the home at any period of ti~e.
-'-------1jr------------------------~-1
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We merely discussed the physical and mental
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condition of Andrew Madliak,Sr.and Mary Madli k
and their relationship to the Hudocks •
during the entire questioning of the Depositio~
•MR.REGA:Your Honor,Mr.Crothers
questioned Mr.Hudock on his relationship with
the Madliaks.Immediately thereupon,he made
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an argument that because of the variety of
factors that a confidential relationship existei.
Any question that would frame in the relationsh p
between the Madliaks and the Hudocks would be
~ertinerr.to that issue.That is precisely why
I asked for the opportunity to examine this
witness,which I believe is well within my
rights.
"What do you mean?"Is that correct?
Mr.Crothers then asked,"Did people come down and visi~
them at their home that you knew of?"Your answer was
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A Yes.
Q Question -"Did visitors arrive at Madliak's home to
visit?"And your answer was,"Yes,there were people,
neighbors.Hrutkays used to come down,people from
Washington that were related to them,they used to COIllE
down.Other people around the neighborhood used to talk
-'-------flr-------------------------I-_
--~------.-----------------------------------.---------,
Michael Hudock 152
wi th them."Is that your answer?
A Yes.
Q Question -"From your view of them in 1956,could you
give me any kind or could you characterize their financ al
Honor.
~R.CROTHERS:Again.I will object,You
about their financial condition."
that are very important that really bear on this
Let's get down to."the·,ones
No,I haven't repeated
The objection is overrule .
THE COURT:
MR.REGA:
THE COURT:
Your answer was,I didn't know anything
any of them.
question.
aren't you?
Let's get on with this.Let's don't go through
the whole Deposition.You see,a lot of these t~ings
you are repeating the questions that he asked,
It's true.
condition?"e
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MR.REGA:What Mr.Hudock had to
do with their financial affairs,what he knew apout
their physical and mental affairs are all
pertinent.
Michael Hudock
THE COURT:Not that he had visitors
153
back in 1956 wouldn't be relevant,would it,
really?
MR.REGA:I don't believe Mr.
Crothers identified the period.
MR.CROTHERS:Yes,we did.
THE COURT:It was identified.But IE tIs
move on.Let's get down to the real relevant
things here.
Question -"Did they ever speak to you about any
financial problems a't all?"And your answer was,"He
didn't come out with anything.I never asked him nothi g
until later in 1963.Then I never asked him anything.
He never said nothing to me,but he did ask me to give
him a hand.I said I would be glad to help you when I
get a chance because I was working in theliline;;arid 'work,il1g
on my house.He wanted me to do little odds and ends."
Was thatyour response?
Yes.
THE COURT:What page is this on?
Q Page nine.I believe Mr.Crothers was speaking about
a period of time 1n 1963.
THE COURT:What page is this?
Q Page 12.There 1S no date on page 12,but the last date
-'----r------------------J---I
Michael Hudock 154
to which he refers was in 1963 nn page 11.Question-
"What was Mary's condition at the time of the accident
of her husband with the broken.hip of 1963?What
was her physical condition?"Answer -"It actually
wasn't real bad.~Was that your answer?
A That is true.
Q Mr.Crothers asked on page 12,"What about her eyes?"
Your answer was,"She had a hard time seeing.We took hir
to the doctors.I traveled back and forth to PittsbUrgh~"
Is that correct?
A
Q
That's true..
THE COURT:Let's don't leave some
A
Q
I traveled back and forth to Pittsburgh."
your response?
Yes.
Is that
at that time?"Answer -"She was
A
They both were."
Yes.
Is that correct?
Q On page 22,"After he,(referring to Mr.Madliak,Sr.,)
returned home,(referring to the return from Brownsvil e
Hospital),was his physical condition impaired in 1965;"
Your answer was,"I would say it was fair."Is that
correct?
--------------1Ir--------------------------------------r---_
A Yes,it is.
Michael Hudock 155
•
Q Questio -"After the time he was discharged from the
hospital again,could he get up and walk around?"
Your answer was,"Yes,he was pretty strong."Is that
correct?
Yes,he was.
Q Question -"Did he go out?"Would you take him places
then,?"Your answer was,"Yes,I would help him in the
car or the truck."Is that correct?
A That is true.
Q Question -"What would you say about his mental conditipn
at that time?"Answer -"It was clear.He was alert."
Is that correct?
h That's true.
Q Page 23,the question -"Did anybody else visit the Mad iaks
at that time?"Referring to a time in 1965.Your
answer was,"Neighbors."Question -"Characterize
who."
A Yes.
Pardon me.Was your answer to"Neighborsl'correc~?
Q Question -"Characterize who."And your answer was,
"Helen Zumpetta used to come down and sit with us.
Dorothy Kotcher used to come down to talk to Mr.and
Mrs.Madliak.Mrs.Hrutkay used to come up.She is an
elderly lady."Is that correct?
A Yes.
Q Mr.Crothers next asked,_"Ip 1965,would you characteri ze
-------------------------
Michael Hudock 156
the Madliaks as shutins?"Your answer was,"How do
that correct?
Is that correct?
Yes.
Yes.
It's overruled.
On page 24,Mr.Crothers asked you,Did he ever discus~
Question -"How often?"Your answer was,"Quite often.'
Question -"You would go out?"Answer -"Yes."Is
witness.
MR.CROTHERS:I am going to object,
Your Honor.Again,we are way ~field from
THE COURT:
anything ·that was on direct examination of this
Was that a correct response?
Yes.
Is that correct?
think we go for a ride today.I said Yes,Andy.I gave
him a certain time,in about an hour's time we would go "
Yes.
Question -"Did they want to go?"And your answer was,
"Yes,they were glad to go.He would even ask me,you
you put that?I took them out any chance when we had
to go or when,they wanted ~to go."Is that correct?
That is true.A
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with you any financial things?"Your answer -"No,he
Michael Hudock 157
asked if I needed any,and I said No,Andy."Is that
correct?I
A That is true.
Q On page 26,Mr.Crothers was inquiring as to the Will
that was drawn in 1965.Question -"Do you know who
witnessed the Will?"Your answer was,"No,I wasn't
there."Is that correct?
A That is true.
Q Question -"Where was the Will kept?"And you answered,
"They always kept it."Is that correc t?
A That's true.
Q Question...·"Did you know where it was?"And your answer
was,"I didn't interfere with none of their financial
business or their Wills or anything.The man just went
with me.I didn't question him about nothing.I did what he
wanted."Is that correct?
A That's right.
THE COURT:What man were you referr"ng
to,"The man just went with me."
A Mr.Madliak.
Q On page 27,the question was,"In 1965 at the time thl
Will was drawn,could you characterize Andy.Sr.'s
physical condition for us."That was the question
Mr.Crothers asked you.Your answer was,"Yes,he was n
a good s tate of min d."
A Yes.
~R.CROTHERS:Since this Will is not
in contest here,in fact,the probate of the
second Will is not in contest here,I am going
to object to any questions regarding the Will
itself in 1965.It is not at issue here;the
issue here 1S three inter vivos gifts.
THE COURT:I think it would bear on
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whether or not this man's mentality was such
that he could be victimized by other people.
MR.CROTHERS:Your Honor,the gifts did
not occur until 1967.You've got a two-year
span here.
THE COURT:You started it in 1956.This
is something you did.We didn't.
MR.CROTHERS:As I told you,Your HonoI,
we started our questions of this Deposition in
1967 and 1968.We did not question anything
within that period of time.
THE COURT:Well;you're overruled.
That's the risk you take when you call a perSOI
as of cross examination.
Q Again on page 27,the question,"Physical condition?"
Your answer was,"It was good.After all the trouble
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he went through he turned out to be pretty good.He wa
a powerful man."Was that your answer?
Yes,it is.
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THE COURT:What page is this?
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Page 27,Your Honor.Question -"What trouble did he g
through?"Your answer was,"He went through that hip.
It healed up for him.He was a pretty powerful man."
Was that your answer?
That's correct.
Question -"Could you characterize his mental condition"
'Your answer was,"His mental condition was perfect.You
couldn't get anything out of him,nobody,I don't care
what you tried.He knew down to brass tacks."Was tha
your answer?
That's correct.
Question -"What did he know?"Answer -"He knew thing::..
There wasn"t'~anything wrong with him."Was that your
answer?
Yes.
On page 31,Mr.Crothers asked r,.;"One of the things
you helped Andy,Sr,and Mary do was to transport
them into the bank in Charl,eroi,is that correct ?"
Your answer was,"Yes."
I
A Yes,it is.
Q Question -"When did.you start taking them?'Would that..
have extended back to 1964?"Your answer was,"I beli€tve
M;rh~pl Hudock 1t::f\
it was."Was that correct?
A Yes.
Q Question -"Did they ever discuss their financial situa ion
with you?"Your answer was -"He just said he would
•like to go down the bank to put money in .
him how much."Is that correct?
I didn't ask
True.
Right.
get involved."Is that correct?
drawn in 1965,I think you previously testified that
.'
Your answer was,"No."
Your answer was,"He never
Correct.
like to cash checks for him?"
Is that correct?
Question-"Did Andy,Sr.ever send you to the bank alon~,
talked.He said he had some money."Is that correct?
good.Is that correct?"
he told you that his financial situation was fairly
answer was,"No,it was none of my business.I didn't
Page 32,the question was "At the time the Will was
That's right.
Question -"Did you know where he got the money?"Your
.Question -"Did Mary always go with you or Andy,Sr."
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correct?
A Yes.
Q Question -"You always took them to the bank to get them?"
Your answer was,"Yes,I didn't have nothing to do with
M;rh~pl Hudock
their financial position."Is that correct?
A Yes.
161
Q Question -."Would they get money when Andy was ambulato y
with the hip injury,would Mary go to the bank?"
Answer -"His checks would come right to the house."
Is that correct?
A Yes.
Q Question -"His checks,but checks are not physical cas;
how did he get money to use?".,Your answer 'was,"He had
•,.
money,·they always saved .money ~.t the',l].ome."When;,-
he got money,he would take it down to the bank."Is
that correct?.'
A That's correct.
Q Ques tion -"He would take cash f'o the bank?Where did JIe
get the cash to take?"Your answer -"He cashed his
checks,the same as everybody else."Is that correct?
A Yes.
Q Question -"How did he cash them?"Your answer -
"Naturally,he had to take 'them to the bank.I would
take him shopping,and he would get his check cashed."
Is that correct?
A That's right.
Q Page 33,question -"As time went on,did Mary and And,
Sr.discuss their financial situation with you in 1966'"
/
Your answer was,"Very little."Is that correct?
A That's right.
Michael Hudock 162
Q Question -"But did you know they had an account in
Mellon Bank in Charleroi?"Your answer was -"Yes,I
used to take him down."Is that correct?
A That's right.
Q Question -"You assumed since they were going to the
he told me."is that correct?
bank that they had an account?"Your answer -"Yes,
Question-"Did you know the details of that account?"
Your answer was -"I didn't know what he had,until the
money was signed over on me."Is that your answer?
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Yes.
Q
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Ques tim -"How often did they go to the bank?"Your
answer was -"That's a hard thing to tell.Sometimes
he didn't go for awhile,and sometimes he would go in a
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short time."Is that correct?
Yes.
Question -"What type of financial arrangements did
the Madliaks have when you took them to the bank in
Charleroi?Did Andy ever give you checks to cash,and
you would re·turn the money to them?"Your answer was,
"No."Is that correct?
A Right.
Q On page 37,Mr.Crothers was referring to the fact that
Mr.and Mrs.Madliak,Sr.had taken the name of their
son,Andrew Madliak,Jr.off the joint savings
account held in Mellon Bank,Charleroi.
Michael Hudock 163
MR.CROTHERS:I object again,Your
Honor,on the grounds of irrelevancy and all
the entire questions of the removal of his son'
name.
THE COURT:You called the party.
MR.CROTHERS:The question is relevancy
Your Honor.That is 'the object of this.There is
no relevancy at all between the removal of
Andrew Madliak,Jr.'s name from a bank account
which was subsequently closed to the creation 0
a second account to anything here.
THE COURT:It seems to me it would be
certainly relevant to show whether or not there
was any undue influence,as to whether or not,
this witness,as you alleged is~the case,undul
procured his name by undue influence to put
his name on the account.
MR.CROTHERS:The validity or non-valid ty
of whether Mr.Hudock had his name placed with
undue influence on a second aCCQunt .has.no
bearing at all on the first account which is no~
even related to it.
THE COURT:That is your position and
t overrule you.You can take an exception.
:-------""11-------------------------,,..,...---------or----
Michael Hudock
MR.CROTHERS:Thank.·y.o.u,Your Honor.
164
Q Page 37,the question,"Did Mr.or Mrs.Madliak tell th t
they had taken his name off?"Referring to their son,
Andrew,Jr.And your answer was,"They had spoken that
they were not going to give him on account of him not d)ing
nothing.They said I was doing the work down here and t~at
they would give it tome."Is that your answer?
Yes,it was.
On page 41.Mr.Crothers asked,"Who was the dominating
person between he and his wife?1l Referring to Mr.and I
Mrs.Madliak,Sr.'"Did he conduct the business or
did she conduct the business ?'"Your answer was,"Well,
I say she had a lot and then his son did do things"
Is that your answer?
I didn't';,understand that.
THE COURT:
more slowly,please.
Read it carefully and
The question was,"Who was the dominating person betweeln
he and his wife'?"Referring to Mr.and Mrs.Madliak,
Sr.'"Did he conduct the bus ines s or did she conduct
the business?"Your answer was,"Well,I say she had
a lot and then his son did do things."Is that correct?
A Yes.
Q Is it your testimony then that Mrs.Madliak had an
-'----~r__-----------------------.J-~
Michael Hudock
eq~al part in the affairs of the family,that she made
de,:isions as well as her husband?
k Sh3 did and he did;they both had it.They both had th~say
so,Mr.Madliak and Mrs.Madliak.
THE COURT:
can hear you,please.
Speak up loudly so we
Pa6e 42,Mr.Crothers was referring to the fact that Mr
Madliak had been admitted tQ Torrance State Hospital.
Ques tion -!'How many vis its did youmake up there?"
YO'jr answer was,"I made quite a biL"Is that correct?
Tha.t is true.
On page 43,the question was,"Give us to the best of y)ur
re:ollection as to how many."Did you go once a month?'
YO"jr answer was,":".I went practically every week,somet 'm::!s
twice a week.I got called January 1,when he got sick.
My car didn't start.I worked outside.I called his son
up and told him.His son said he didn't care,so I
called my wife's uncle up.He knew a little bit about
a car.We froze our rear ends off to fix that car in
the night time.CPa!don me,_.Your Honor).Me,my wife's
uncle and my brother-in-law went up there a~midnight.
When we went up there,he was a little better by the t'me we
got up there."Was that your answer?
A That is true.
Q On page 34 again,"Referring now to July 12,1967,
"
I.
A
when you went in to change the bank account,what was
the condition of Mrs.Madliak physically and mentally?"
Your answ'er was,"She was in pretty good condition."
Is that correct?
That is true.
Q Question -"Who kept the bank book as between Mr.and
Mrs.Madliak?"Your answer was,"I couldn't tell you."
Is that correct?
A That's true.
Question -"Did ·he take the lead In talking to the,
'banker,or did she take the lead in talking to the bank~r
or did you take the lead in talking to the banker?"
Your answer \Vas,"No,the only thing I said,I wanted
the man to explain to them what went on."Is that true?
A Yes.
Q On page 44,the question -"Who did talk or take the
lead in talking to the banker?"And your answer was,
"He did."Is that correct?
A That's correct.
Q On page 44----
MR.CROTHERS:Excuse me.Can I interjec
something?For curiosity sake,I want to know who
he is in this case.The question was "Who did
talk or take the lead in talking to the ,banker?'
,'And the answer was,"He did."
A Mr.Madliak.
.•
------------.--------------------------------------,----
Michael Hudock
MR.CROTHERS~Mr.Madliak was the one
who took the lead in talking to the banker.
Yes,sir.
Page 44,the question,"As between the two of them,
167
(referring to Mr.and Mrs.Madliak,Sr.,)was he a pre ty
strong:-.person?"Your answer was,"Yes,he was So wa5
she.I seen when she said something,it went,and when
he said something,it _wenL"
That's correct.
Is that your answer?
Page 46,the question -"And is it your testimony that
they never gave you any checks to cash and to return to
them?"Your answer was,"I never cahsed any of their
checks."Question-"Is there any reason that you know
of why Andy.Sr.did,not ~ign any checks?"Your response
was,"I didnt.t have'much'to do wi th their financial
business."Is that correct?
Yes.
Question-"Until July 12,1967?"Referring to the
fact thatyou had nothing to do with their financial
affairs until July 12,1967.And your answer was,
"After things was made over to me,he told me I could
take it out when I wanted.I didn't bother nothing."
Is that your,answer?
A That's true.
Q On page 47,Mr.Crothers was inquiring as to the
funeral arrangements made by Mrs.Madliak,Sr.for bot}
she and her husband.And referring to the money tha~
Michael Hudock 168
was paid for the funeral.on page 47,Mr.Crothers aske(,
"Did she give you the money?"Your answer was,"She ga e
it to Mr.Thompson,the funeral director,who came
•
down and made the arrangement about the funerals,and
I did tell her that I wanted her to have the same funer 1
for the same amount and that's the only thing I told he .
That is the first time I ever opened my mouth with thei
business or any affairs."
show that he did not exercise undue influence.
MR.CROTHERS:I'm going to still obiect
whether he was exercising undue influence or no~•
on the ground of r~levancy.There is no relevan e
at all to what arrangements.weremade to the
I think it tends to showTHECOURT:
That's certainly relevant.That is your entire
I
case,practically.All he is doing lS rebutting
the inferences that you are trying to make that
this "man unduly influenced these people.Now
I certainly think that this is relevant to
funerals.
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MR.CROTHERS:Am I not correct,Your
Honor,that the obiect that we discussed this
morning was in regard to the proof of the
confidential relationship;not to the proof
of the undue influence involved here.And
Michael Hudock
I don't think this goes to tend to prove the
confidential relationship.
1 hO
THE COURT:The ultimate thing you ha e
to show is undue influence.That is your ultima e
burden.
MR.CROTHERS::That is Mr.Rega's burden
if we should prove that a confidential relation hip
exis ts.
,'(.-j"
THE COURT:We can sing together but Lre
can't talk together.In order for YOU to get y)ur
thinking squared oUv,as I view it,you have
the overall burden of proof.,Now there is a
question as to who has the burden of going
forward at various junctures in this proceeding
But the overall burden of proof is on you,
your client,acting through you,to show in
this matter in some way that there was undue;
influence exercised on these people which
caused them to make the gifts that they made.
Now that is your burden.Now there is a fact
in this case wherein under certain circum-
stances.if you present certain evidence,the
burden of going forward might shift as to certa n.,
aspects of this case.But we haven't gotten to
that point yet.But the overall burden is
Michael Hudock 170
on you and remains on you because you are the
Proponents.You ~re the Petitioner.Under
those circumstances,I certainly think that
the examination 'of this witness as to the
various contacts or financial contacts that he
had with the two deceased persons is certainly
relevant on the overall question as to whether
or not there w~s undue influence.
MR.CROTHERS:Your Honor,it is my
understanding of the law that the concept of
undue influence and confidential relationship
are two separate and unique and distinct
concepts under the law;and the object is
that if the possibility of proof of confidentia
not undue influence is a secondary source to
relationship exists,and then the burden
of proof to prove non-existence of undue
the question of what is or what is not a
Iuiinfluencethenshiftstotheotherpartyinvolv~d.j
So the object of the question of what is or is I
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confidential relationship.
THE COURT:The ultimate fact that
you have to prove is undue influence.And
therefore,these questions are relevant as I
look at it,and an exception is noted for you.
There is no use discussing it any longer.I
Michael Hudock 171
have ruled on th~m~tter.Would you go ahead,
please?
CONTINUED EXAMINATION BY MR.REGA:
Q Mr.Hudock,I will repeat the question on page 47 .
Q Question -"Do you know what the cause of his death was b"
Your answer was -"No,I didn't,because I got called 0[1
the phone.I was going out to see him,then they calle~
A Yes .
A That's correct.
and I did tell her that I wanted her to have the same
Your answer was,Question -"When did Andy,Sr.die?"
she agreed with it."Is that correct?
wanted you to have the same thing Mr.Madliak had,and
"January 21.1968."Is that correct?
I told her.That is the first time I ever opened my
mouth with their business or any affairs.I saiq I
funeral for the same amount and that's the only thing
Referring to the"money that was to b~made in payment
The question was,"Did she give you ,the money?"
came down and made the arrangement about the funerals.
gave it to Mr.Thompson,the funeral director,who
for the funeral arrangements.And your answer was,fISh
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me on the phone and said Mr.Madliak passed away."
Is that correct?
A Yes.
Q Question -"Did Mary Madliak make funeral arrangements?'
Michael Hudock
Your anslN-er was -"Yes,she did,her and her son too.
I took her .and her son up with us."Is that correct?
Yes.
Question -"Did you take Mary Madliak with yoU to the
funeral home?"Your answer was -"Yes,I did.I even
172
drove around the back.because she couldn't walk good a~d
she couldn't see.I took her around the back where it was
level.I pulled right into the garage."Is that corre t?
Tha t's correct.
Question -"What funeral home?"Your answer was-
"Thompson Funeral in Bentleyville.There was a smart
remark about it after the funeral.He said he could
of buried them cheaper than that.And I told Mrs.Madl~ak.
it is your money you earned it and you deserve it."
Is that your answer?
Yes.
MR.CROTHERS:I object,Your Honor,
on the grounds of relevancy.There is no relevancy
of ~hat statements and what comments were
made as to burying anyone c:h,ecrper..
THE COURT:
I
It bears on the confiden1ial
relationship.if there is one.That is what
you are tFyin~to establish here.I.think it
also bears,as I have already indicated,on
the ultimate question of whether or not there
was undue influence.I think it bears in this
Michael Hudock
regard.This statement I am now making applies
to what I have previously said.Certainly,
173
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as to whether or not this lady was bringing,
this gentleman or this man,the decedent,eithel
the deceased lady or man was bringing the witnecs
into their confidence is certainly relevant
and it certainly bears on the ultimate fact tha
we decide in this case whether or not they
were subjected to undue influence from this
witness.Now you called this man.Nobody
asked you to call this man as a witness.And
I think that·once you called him,you run the r sk,
as I have,said before,as to what is occurring
here.That waS2a judgment that you exercised.
It might be good or it might be bad.I am,not
passing on that.Once you call this man as a
witness\r:'then:it "would .seem'that ]:b,e is fair gam.,.
wi thin ,the rules of relevancy.'So we noted an
exception for you.And we have heard your posit on
on it.So you just object as you see fit.And,
we certainly want to preserve the record in cas e.
you want to appeal this to a higher Court.
Now would you continue on?
Q Mr.Hudock,you said in your answer to that question,
"He said he could of buried them cheaper than that."
Who would you be referring to?
Michael Hudorlc
A His son.
~Andy Madliak,Jr.?
A Yes.
'7/1
THE COURT:Do you want to recess to
talk to your secretary?Is it very urgent?
MR.CROTHERS:No,Your Honor.r will
wait until Mr.Rega is finished,if he is not
going to be too long.
MR.REGA:If the Court would like t(
recess fora ~few:~'mim.ites,I thiIfkI am over ·tl:e
balance.
THE COURT :.'We will recess for a fe~
minutes to give Mr.Crothers a chance to talk t<
his~;;secretary •
SIDE BAR,not recorded by the stenographer.
R E C E S S
THE COURT:It is about ten minutes
to twelve,and I have to leave the Courthouse
at five minutes to twelve.And I understand now that
we will have more than ten minutes of examinati n,
and you might want some redirect.
MR.CROTHERS:Yes Your Honor.I have
Michael Hudock
few things to ask.
THE COURT:So we will recess then
175
until 1:30 because there is no need to start rilht
now and stop after a couple minutes.And as I
understand it,for the sake of the record.that
Mr.Crothers has to get certain medical testimo y,
is that correct?
MR.CROTHERS:Yes,Your Honor.
THE COURT:And you are going to do
that bY Deposition.
MR.CROTHERS:Hopefully,the majority
of it will be done by Deposition.
THE COURT:After we finish up the
examination of.Mr.Hudock,-we are going
to ~ave to recess this case until Mr.Crothers
can secure some medical testimony.Because as
I understand it,Mr.Rega doesn't want to
proceed until all of the case of Mr.Crothers
has been put in,is that correct?-.
MR.REGA:
THE COURT:
Yes.
So we will have to susperd
operations in this matter until after we hear
all the testimony of the witness now on the st,nd.
----------.----------.._----------------------------.------
176
We will recess until 1:30 this afternoon.
R E C -E S ·~S
MR.CROTHERS:As the record notes,our obj ections to;;tne
177
introduction of this testimony at this time were founde~
on the part that Mr.Rega,by introducing portions of
this testimony at this time.±s using a Deposition whicn
was made for discovery purposes to prove his case in ch"ef.
And it was our objection at that time,and it has con-
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tinued to be our objection to the fact that Mr.Rega is
such thing.It is also our understanding of the law
of evidence at this time that if we do calIon Mr.
Hudock as of cross examination,which we did,that we
are not bound by h~s~testimony that Mr.Rega in this
case is placing;but are solely bound by the statements
that he makes as to our portions of the examination
which we have.
It is an established principle of
Pennsylvania evidence here that we have the right
to contradict any dIrect testimony by Mr.Hudock,in
this ~ase the Depo§ition.We have the right to
contradict such testimony by the direct testimony of
other persons.It may be impeached by its inconsis-
tencies and any other intrinsic improbabilities or
falsities ~xisting to it.So at this stage,with that
.objection 'of mine,we are not necessarily bound by
the examination of Mr.Rega's placing evidence of this
Deposition,and subject to the possibilitles we have
of cross examining Mr.Hudock in Mr.Rega's case in
doing
I
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---------------..------------------
chief,we see no reason why at that point we cannot
introduce the entire Deposition on the gTound what
we are doing is duplicating the efforts of a stenographEr
uho 1S asked to take it down two different ways,when the
Court can do it themselves.
time,read the Deposition.
The Court can,:at any
MR.REGA:Your Honor,I would again object to the
introduction of this Deposition as I did earlier,and I
would stand on Rule 4020 of the Rules of Civil ProcedurE,
wherein it states that ~a Deposition may be used to
impeach or contradict the testimony of a witness.It mey
not be used or introduced at trial in its present state
unless the parties seeking to introduce it can prove
that the witness is either dead,unable to testify,is
at a certain distance.'
':'HE COURT:Or unless it was taken for the purpose
of use at trial.
MR.REGA:Yes.And as Mr.Crothers indicated,it
was taken for the use of discovery.Secondly,as to my
right to cite portions of the Deposition,the rule
specifically states that any party may introduce portiols
of that Deposition to put in context statements raised
by the common party •.And seconaly,·may use anyother
part of the Deposition once it has been introduced by
the other party.Thirdly,I would state that where Mr.
I
179
Crothers calls a witness as and for cross examination,
an adverse witness,he IS bound by all uncontradicted
testimony of that witness.
the end of it.We have to go on like we're going on
Elizabeth Hudock as an integrated document,entire
stipulation be made,and it is your understanding
is thatyou don't agree that it should be submitted,
Yes,Your Honor.
So the ruling of the Court is that we
If you don't want to agree to it,that's
That is my initial proposition.
What you are saying,in so many words.
wi}l ~ave to continue on as.~e have beert,and th~t the
and my understanding that you:'are obj ecting to any
introduction of this Deposition of Michael Hudock and
that this Deposition should not be submitted,is your
and it might enlarge the record,but I think it is your !
right not to accede to his reqllest.He requested a
document.
MR.REGA:
THE COURT:
proposition.
THE COURT:
MR.REGA:
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Deposition of Michael Hudock and Elizabeth Hudock as
an integrated document will not be admitted into eviden e
at this time.Mr.Rega,you were in the process of
cross examining.Do you want 'to continue?
------"ir--------------------------4---
---------..-----------------------------------------,.----------.
180
MR.REGA:Yes,Your Honor.
MIC:iAEL HUDOCK RESUMES THE STAND.
·:ON1TNUED EXAMINATION BY MR.REGA:
~Mr.Hudock,on page 48,Mr.Crothers asked you,"You
testified that the check cashed on January 30,1968
was for payment of the funerals?"Your answer was,"I
believe it was,yes."Is that correct?
A Yes,I did.
THE COURT:Just a minute.~that
on,page 48 about the funeral?
Q Yes,the first question.
THE COURT:I see.Excuse me.
Q Mr.Crothers next asked,"What was the physical condition
of Mary?"Referring to Mrs.Madliak,Sr.Your answer
was,"It was good,but she had to be held to walk.She
was alert."Is that correct?
A Yes.
Q Question -"On May 29,:1968,you cashed a check for t.,
$4,915.59.is::that correct?"Your answer was,"That
was inheritance money.Mr.,Mad1iak died and I inherited
that."Is that correct?
A That's correct.
Q Ouestion -"You inherited it?"Your answer was,"Yes II
Michael Hudock
Is that correct?
A Yes.
Q Question -"How did you inherit it?"Answer -"Well,
it went through the Will and everything.I inherited
close to $4,000 some dollars,and that's when their
daughter-in-law came down she showed a paper.Her
181
daughter-in-law said that I wrote out that myself
just to fool Mrs.Mad1iak.I said.well,I am not worriEd
about what you say because they came right from the
Trust Building up here.I came up and asked them for
information.I went down the 'bank and got the informat on
before I took that check.They said this is yours,
Mr.Hudock,because you were willed it from Mr.Mad1iak."
Is that correct?
Yes.
Question -"Who told you that?"Your answer was,"Dm.vn
the bank and also up the Trust Building."Is that
correct?
Yes.
Question -"Where at?"Your answer was,"Inheritance
Tax."Is that correct?
That ~is correct.
Page 49,question -"Mellon Bank in Charleroi?"Your
answer was,"Yes."Is that correct?
A Yes.
Q Question -IlWho would have to1dyou this money was yours?"
Michael Hudock 182
Your answer was,"Mr.Morrow."Is that correct?
A That's correct.
Q Question -"Who did you talk to at the Trust Building?"
Your answer was,"The'lady that takes care of that."Is
that correct?
Yes.
Question -"She took care of what?"Your answer was,
.
"Inheritance Tax."
Correct.
Is that correct?
Question -llShe told.you that the sum of $4,915.59
was'what you were entitled to."
sir."Is that correct?
Yes.
Your answer was,"Yes,
Question -"HO\v did she come up with that figure?"
Your answer was."I don't know.I guess that was what I
it was.I couldn't tell you.It was supposed to be 1/3
between the three of us,from what I understood."
Is that correct?
Yes.it is.
Question-"That was considered 1/3 of the balance of he
checking account,1S that correct?"The answer was,
"I believe,I don't know how that runs."Is that correl t?
That 1S true.
Question -"Do you have any legal documents stating
the inheritance tax was paid?"Your answer was,"Yes.'
Is that correct?
A Yes,it is.
Michael Hudock
Q Question -"Does this paper indicate that $4,915.59
was due and owing toyou?"Your answer was,"Yes."
Is that correct?
183
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Question -"Drd Mary know that.you cashed that check?"
Your answer was,"Yes.".Is that correct?
Yes,it was.
MR.CROTHERS:I am "going to continue
to obiect on the grounds Mr.Rega is using the
entire use of the Deposition to prove the case n
chief that he has.And I object to its use in
that manner.I think he is limited and when I
call a witness as on cross examination,I think
he is limited in the scope of his use of the
Deposition to the use that I used that Depositipn
for.And I did not use that Deposition to prove
such facts as exist here.I used them to prove
the physical and mental condition of Mary
Madliak and Andrew Madliak,Sr;not any of the
relationships regarding the transactions of
the gifts.
THE COURT:I assume you are attempting
to prove a confidential relationship,are you?
MR.CROTHERS:Yes,but I see no evidence
here when we discuss the existence of a one-thi~d,
-----------,,-------------------------------------.----------1
Michael Hudock
one third,one third.
THE COURT:
Evidence here?
Do you have Brown on
184
MR.CROTHERS:Yes.sir.
THE COURT:Bring that book up here
and both of you come up here.At this point,o~
the record,I'd like counselor to draw his atte~tion
to Brown Pennsylvania Evidence,it's page 297,
1949 edition,where it is stated in a case of t~is
type where the moving party in this case,Mr.
Madliak,Jr.,has the burden of showing a
confidential relationship.The author of the
book states the following under sub-section
entitled 3 (b),on page 297 of Brown's Book on
Evidence,it is stated under Matters wherein
party has burden of proof,the author states,
"Where a fact should be disclosed in a party's
case,as is usually the situation where he has
the burden of proving a fact necessary to make
out a prima facie case,it would seem that
his witnesses may be cross examined as to that
fact even though it may go beyond the examina-
tion in chief,provided,of course,the witness
has personal knowledge of the fact in question."
MR.CROTHERS:I still contend the Question
Michael Hudock
exists of examination,Your Honor.And I don'
185
think Mr.Rega in this case has examined the
witness.He is reading the Deposition.
THE COURT:Let me have your book so
o...,.
I can cite your book here.As to the last
statement of Mr.Crothers,it is the Court's
ruling that the Act of April 27,1909 •P.L"
Section 258,19 P.S.,Section 611 et seq.
allows Depositions by out of state witnesses
to be introduced into evidence in criminal
18.19 of Pennsylvania Trial Evidence Handbook
by Jenkins,on page 325.That is Pennsylvania
Trial Evidence Handbook,copyrighted in 1974
by George T.Bisel Company.And on page 325
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cross-examined upon answer to interrogatories."
The citation is Bruno versus Brown,414 Pa.
361."Depos i tions of parties to the 1i tigatioy
may be introduced into evidence in accordance
with Pennsylvania Rules of Civil Procedure
Section 4020 fB)titing~Fl¥n~v~rsus Chester,
429 Pa.170;Rule 4020 provides essentially
that the depositions of parties to the action
including one who at .the time of depositions
was an officer,director or managing agent of (
Michael Hudock
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186
party may be used by the adverse party for any
rpurposesofarasadmissibleundertherulesf
of evidence.The deposition of a witness may l,
be used to contradict him or impeach him at
trial.Rule 4020 (3)provides that the deposit on
of a witness whether or not a party,may be
used by any party for any purpose where it is
found---etc."iAndthen,"Rule 4020 (a),sub-
a right.for example,to make Mr.Crothers
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section (4)provides that where only a part of the
deposition is offered by a party,the adverse
Now In that particular situation,it
~ould seem to me,Mr.Rega,that you would have
,
IIhimselfreadtheessentialpartsthatyouthink'
he omitted.For example,there were several
sections here I thought you should have had
him read.But you didn't.That was up to you
though.You try your case to suit yourself.
I think you should have him read the entire
context.You canft do that yourself.That
would be my ruling on that.I think we are doing
the proper thing here.I think the text books
substantiate what we are doing here as being
proper.As I indicated before,it IS a very
i------~r-------------------------------..I---!l'
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Michael Hudock 187
difficult when proving I
case to,prove,you are
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I And do risks when you do this.
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But it's all you can do.Mr.Crothers.You are
I •doing an admirable job.I'm not ln any way
~condemning you because I think you're doing..
0(good job under the circumstance>as a as you can .
..I:-n..inasmuch as most matters involving..Especiallyjj
L..confidential relationship by definition occur
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are entitled to it.And we will note an except"one.
on this entire line of questioning on the part
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COKTINUED EXAMINATIOK BY MR.REGA:
Q Mr.Hudock,Mr.Crothers then asked you,"How did she
~
Michael Hudock 188
know?"Referring to Mrs.Mary Madliak,Sr.And your
answer was,"I told her."Is that correct?
A That's right.
Q On page SO,of the Deposition,Mr.Crothers asked you,
correct?
A Yes .
answer was,"She was at home."Is that correct?
Is that correct?
And your
Your answer was."She didn't say anvthing.Madliak,Sr.
"Where was she at the time you told her?"
She"said,is that all you get?Well,Mrs.Madliak that
is from what I understand his name is on it,your name
and she threatened to burn the house down."Is that
it.That is when her daughter-in-law blew her stack
Your answer was,"Her daughter-in-law and son came down"
Q Question -"What did Mary say?"Referring to Mrs.
A That's correct.
Q Question -"At that time you told them that you cashed
the check?"-And your answer was,"That's when I told
A That's correct.
Q Question -"Anyone else present at that time?"
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is on it.?nd ,'my name is.on .it.I even told her I
could cash it and give it back.She said no,she
didn't want it that way."Is that your answer?
A That's true.
Q Question -"You testified that Mary knew vou were goinl
Michael Hudock 189
to cash check for $4.915.59."Your answer was,"Yes,
sir.I didn't take it,it was given to me."Is that
correct?
A That's correct.
correct?
A Correct.
A That's true.
A That's correct.
Your answer was."It
money?"Your answer was,"No,she was happy about it."
Is that correct?
Question -"Out of the account?"
was given through the inheritance tax."Is that correc ?
she was able to get around."Is that correct?
come to visit Mary?"Your answer was,"Yes."Is that
was good.Mentally too."Is that correct?
Wha t was her mental condition?"Your answer ".-as,"I t
Q On page 51,Mr.Crothers asked you,"Did people still
~Question -"What was her physical condition at this tim ?'
Q Question -"Was she bedridden?"Your answer ",as,"No,
A That's correct.
Q Question -"Did she obiect at all to your taking this
A Correct.
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that correct?
A Yes.
Q Question -"Would you say at this point you and your
wife were spending a lot of time with Mary because she
required it?"Your answer was,"We always did spend
190
a good bit of time with her.We didn't let up.I prom sed
them."Is that correct?
A That's correct.
:>Question -"Was it increasing because of Mary's age?"
Your answer was,"I promised them that I would take care
of them,help them and do \\'ha t needed done,and I did."
Is that correct?
A Correct.
Q Question -"Was the amount of time spent down there
increasing because of Mary's age?"Your answer was,
"I say it went the same.It might have been a little
bit more or less in a day."Is that correct?
A Correct.
Q Page 58,question -"You will testify,however,that yeu did
transfer that amount of money to a second account,is
that correct?"Your answer was,"I guess I did."
Is that correct?
A Correct.
Q Question -"At this point it is your testimony that
Andy,Sr.and Mary Madliak intended you to have the
benefit of the entire sum of money in their account?
Is that correct?In the Madliak bank account?When
did they intend you to have such amount?"Your
answer was,"Since they signed things over to.me."
Is that correct?
M;r h .,",U,;l "~1,
THE COURT:
things over on me."
No,no."Since they signe
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Q Question -"You said that at the time your name was
added to the account,Andy and Mary Madliak intended vo
to have the entire benefit of this account."Your
answer was,"They told me I could use it any time I
wanted."Is that correct?
That's correct.
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Page 60.the question -"When did Andy,Sr.and Mary
decide to give the house at 112 Dallas to you and your
wife?"Your answer was,"They decided it way before I
they did do it,and then whenever he passed away she wahted
to hurry up and give it to me."Is that correct?
That's correct.
Question -"Did she indicate any reasons why you should
have the account?"And you answered,"On account of
working for them and as a gift."Is that correct?
That's correct.
Question'-,"Did anybo~y overhear their conversations?"
Your answer -"Her son overheard them."Is that correc ?
Correct .
1
Question -"They said that th"ey were going to give the
,
house to you,when did this conversation occur?"
Your answer was,on page 61,"When he came down."Is
that correct?
A Correct.
I
II-------tt--------------------------~I__-
Q Who were you referring to as he?
A Young Andy and his wife,when they came down.
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Q
Page 65,the question -"Can you give us any indication
why Mary would deed to you a home in which she was livi g
by
when/her Will of 1965,you would have received it at
death anyhow?"Your answer was,"Yes,she wanted to
make sure that I had the house."Is that correct?
That's correct.
Question -"Mr.Costa would have indicated to her
you would get the'house anyhow,why did she deliver the
ii<::deed to you prior to her death?"Your answer was -
"That is her opinion,I cannot answer that."Is that
correct?
A That 's correct.
Is that correct?
received it at her death,is that correct?"Your
Question -"But it is your testimony you would have
answer,was,"By law,.'l guess I would have everything
"At this time after Andy's
outright~but she wanted"me tO,have the house this way.!
Page 71,question -
That's correct.
Q
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death (referring to Andrew MadliaK,Sr.)what was her;
(referring to Mrs.Madliak,Sr.)mental condition?"
The answer was,"It was good."Is that correct?
I,A
Q
That's correct.
Question -"She asked you for help?"Your answer was -
"Yes."Is that correct?
A Yes.
19:5
Q Question -"She asked you for help?"Answer -"Yes."
Is that correct?
A
Q
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Question -"Did she ask or did she assume it?"Your
answer was,"That's a different way you could take it.
She was older,same as anyoolder person she could ask an
it would be an order.Same as any older person,it is
the way y"ou look at it."Is that correct?
Tha t 's correct.
Page 72,questi9n -"Did people come to visit Mary?"
Your answer V.ras,"Yes."Is that correct?
Correct.
Question -"Who?"Your answer was,"Same people as
before.Neighbors of hers..Neighbors and my .bos:s."
I
Is that 'correct?;
Correct.
Who were you referring to as your bo~~,Mr.Hudock?
John Adamsky from the mine.
'Page 76,the ques tion -"After Andy Madliak,Sr.'s deat ~,
Mary again became more feeble,is that correct?"
And your answer was,"She wasn·'·t feeble.she had a good
solid mind."Is that correct?
A That's correct.
Q Page 76 -Question,"Mr.Hudock,the transfer of the
deed from Mrs.Madliak to you and your wife was done
M;~h!:lpl HlInnrk
within a few days after the death of Mr.Madliak,wasn'
1 OA
it?"Your answer was,"I believe ten days:"Is that
This is examination .by Mr.Keller.Is that•
A
correct?
Page 76 .
correct?
Yes.
THE COURT:What page is this?
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Question -"Why was this transfer made so fast after
,
the death of her husband?"Your answer was,"Same
as I told your assistant,she wanted me to have that
house.She had it in the Will.She said that she wanted
to sell it to me for $1.00.It was her belief,that
if somebody paid Sl.OO that the house was theirs.
She wanted me to make sure that I had the house so her
son would not get the house for the way he treated her.'
Is that correct?
Yes.
On page 77,the question-"Did she tell you this?"
Your answer ",as,"She most certainly did."Is that corl--ect?
Tha t's correc t.
Question -"Where?"Your answer was,"In the home."
Referring to the Madliak,Sr.'s home.Is that correct?
Correct.
Q "'Was anyone else present"?That was the question.Your
answer was."Her son heard that too."Is that correct?
A That's cOrrect.
Q Question -"Did she have the advice of any lawyer or le"al
Michael Hudock
counsel at that time?"Your answer was,"Mr.Costa
wrote the deed up.He gave her advice,and we told her
son about it.He said well he worked for it,he
deserves it."Is that correct?
A That's correct.
195
THE COURT:Excuse me.There are
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several he's."Mr.Costa wTote the deed up.
He gave her advice."That is Mr.Costa speakin
there,is that correct?When the answer is "Mr .
Costa wrote the deed up.He gave her advice,
and we told her son about it,"you are"referrin"
to Mr.Costa giving the mother advice.Did
the mother get advice from Mr~Costa?
Yes,she did.
it,he deserves it."Who is that he?
the next sentence,"He said well,he worked for
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That was her son,Andrew,Jr.
THE COURT:
Then you go on to say in
Who said thatyou had
A Yes.
worked for it so you deserve it?
THE COURT:
to you?
He made that statement
A
Q
Yes,he did.
Question -"What advice did Mr.Costa give her?"
--------,,-----------------
Your answer was,"He explained the whole thing."Is tha
correct?
Yes.
Question -"Did he explain that she would be giving up
possession and control of her own home?"And your
answer was,I1Yes."Is that correct?
That's correct.
Question -"Did he explain to her,that if you wished,ou
could put her out on the street the next day?
Your answer was,"We had papers written out that I coul
not throw her out at anytime."Is that correct?
Yes.
MR.CROTHERS:I am going to object,
~h:the;.basis there is no foundation for the
testimony.There is nothing in evidence to prov~
that any papers other than the deed existed.
There are no existing papers here other than
the deed of'transfer that are of record in
Washington County.
THE COURT:If he knows of his own
knowledge,according to the citations that I iust
read,if he knows that these papers existed as
of his own knowledge,he can testify.
MR.CROTHERS:He didn't testify to tha1.
THE COURT:I think in context,if yc u
-----------..-------------------_.._---------------------------
M;rh~p'Hl1nnrk
were going to read all of the information
on page 77,I think that the colloquy goes as
,Q7
follows7--do you want to go on down through tha ,
Mr.Rega?
MR.CROTHERS:If that's the case,Your
Honoy,at this time I'd like to demand proof
of Mr.Rega that those papers exist.If the
paper does exist,I'd like Mr.Rega at this tim
to prove that paper exists of record in Washing on
County.
THE COURT:Well,remember this:I
don't think it is necessary to prove that the
paper now exists as such,if it can be proved
that the paper,in fact,did exist.You see,
for example,I think the law is clear that you
can prove the existence of lost documents.
For example,you can prove the existence of a
lost Will or lost Deed.
MR.CROTHERS:In order to prove the
existence of them,you have to have a physical
document.The object of the question here was
to determine that Mr.Madliak or Mr.Hudock in
this case,could have thrown Mary Madliak out 0
her home.
THE COURT:.And he'rebuts "it by sayins
---------------n-------------------------------------.----
Michael Hudock 198
that he .'couldn I.t;
MR.CROTHERS:He rebuts it by saying
he has a paper.
them.Mr.Costa has them."
MR.CROTHERS:"And were these papers
THE COURT:Go ahead,read all of it.
the law of Pennsylvania,he could still throw
Answer -"I do not haveTHECOURT:
MR.CROTHERS:At that time,if that pap~r
her out of the house.That paper is not bindin~
on him if it is ·not·of record.
is not of record,Your Honor,as far as I know
written up?"Answer -"Yes."Question -"Do
you have them here?"
THE COURT:He didn't say that.He
didn't say that at all.He said Mr.Costa had
a paper .
MR.CROTHERS:His _q.nswer was ,.5 "We had
papers written out tha.t I could not throw her 01 t."
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THE COURT:~ot as between the two of
them.Maybe as to bona fide purchase for value
without notice.
-'----tr---------------------l--
Michael Hudock 199
~R.CROTHERS:As to any third party
~
he is not a bona fide purchaser.I
THE COURT:.Not as between the two
of them,you have to admit that.They have a I•binding agreement there that is between them
«binding.Although a bona fide purchase without
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e THE COURT:I mean as far takingas
possession of the property.When did you do the t,
if you ever did?By that,when did you think
in your mind that you could move in and keep
her out?
I
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Michael Hudock
A No,Slr.That's why we had these papers that I could
not throw her out.
I 200
THE COURT:Until when,you couldn't
go in until after she died,is that right?
That's true.The way we had it figured out;what would
I want to go in for?I have my own house.
,THE COURT:These papers do exist you
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say.Mr ~Cos ta has copies "of them.
Yes,he does.
MR.CROTHERS:·Does Mr.Rega want to
introduce those in his case in chief?
THE COURT:That is up to Mr.Rega,
how he wants to try his case.
MR.CROTHERS:That is my question.
Does Mr.Rega intend to introduce these documen s
in?
THE COURT:Mr.Crothers wants to kno~
if you intend to introduce these papers.
MR.REGA:
THE COURT:
Yes.
I think that is sufficien
because Mr.Crothers would have a right to
subpoena these papers if they existed.You
will supply them without the necessity of a
Michael Hudock
subpoena.
MR.REGA~He has a copy of it.
MR.CROTHERS:We don't have the copy of
it.
201
MR.REGA:At the Deposition I gave ~r.
Keller a copy.I don't know whether he took a
COPy,but we certainly had one for his inspectil n.
MR.CROTHERS:At the time of the Deposi ion,
the only thing that existed was a copy.The
original papers did not exist.
MR.REGA:The original paper does
exist;as'Mr.Hudock indicated.
THE COURT:Do you have a copy right
here with you in the file?
MR.REGA:
THE COURT:
I have the original here.
Let's have it right now
and show it to him.There's no proble~.Let's
take tine out and show it to him.While you
are doing that,let's have a recess here becau e
we do have another hearing that will take abou
ten minutes.Let's have a recess while he is
showing him the document.
R E C E S S
Mithael Hudock
MICHAEL HUDOCK RESUMES THE STAND.
':ONTINUED EXAMINATION BY MR.REGA:
Is that correct?
Q
4i
Page 76,the question -"After Andy Madliak,Sr.'s deat]"
Mary again became more feeble,is that correct?"Your
answer was,"She wasn't feeble,she had a good solid mi ,d.lt
~~
"~
Yes.
Q Question -"I meant physically feeble?"Your answer
was,"She started to get weaker."Is that correct?
A I didn't hear the last part'of it.
Q Your answer was,"She started to get weaker."Is that
correct?
That's correct.
Q Page 39,question -"How long did it take him?"And
this is in reference to Mr.Morrow,the bank official
at Mellon National Bank,Charleroi Office,for his i
I
explanation to Mr.and Mrs.Madliak,Sr.upon the openiJg
of the bank account with your name on it.Your answer
was,"I wouldn't know."Question -"Was it the matter
of an hour or a few minutes?"
was more than a few minutes."
THE COURT:
Your answer was,"It
All this business about
this man,you were:.interpblatipg at -·fi-rst.
Q Yes,Your Honor:I was putting it into context.I will
go back and read the record if you want.
-----------.---------------------------------------.----
"Yes,he did."I will read those for the benefit of
witnessed by another woman,a clerk that worked in the
Yes.On page 38,Mr.Crothers asked the question,
transaction."The answer was,"I was there and it had een
Ale those questions
And the answer was,
"Did he speak and under-THE COURT:
Michael Hudock 203
THE COURT:Did you start at the top I
of the page?"How long did it take him?"
MR.REGA:Yes.
THE COURT:And by him you were refer ing
to ,the man at the bank.
,
stand English clearly?"
the record,Your Honor.
The answer ",as,"Yes,he did."
bank,I think Mildred,if I am not mistaken."And
the question was,"It was iill explained to Mr.Madliak
so he would understand the situation?"Did he speak and
understand English clearly?"
"At the bank,there ""as only this one banker who was
present,Mr.Morrow.during the course of this
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A Correct.
Q Page 39,the question -"How long did it take him"?
Referring to Mr.Morrow.The ansV.Ter -"I wouldn't know."
Is that correct?---------t-------...;-----~-----::-----.----..,.....------'------+---I
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A That's correct.
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Q Question -"Was it the matter of an hour or a few minu es?"
Answer -"It was more than a few minutes."·Is that
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That's correct.
Question -"To your'best recollect,io'n,how long?"
Answer -"I \V"ould say that that:is .a hard thing to'do."
Is that Correct?
That's correct.
Question -"Your best recollection?"Answer -"I would
say about 40 minutes."Is that correct?
That 's correct.
Question -"You testified that he was in strong physica
shape and mentally at that time,is that correct?"
Answer -Yes,he was a pretty strong man and his mind
was good."Is that correct?
Right.
Mr~Hudock,you testified yesterday in answer to Mr.
Crothers that during certain period of time,either
you or your wife would stay overnight with Mrs.Madliak
Would you explain to the Court when you stayed overnigh
and for what length of period you stayed overnight with
Mrs.Madliak and for what reason?
Yes,I would.The reason I stayed overnight,it wasn't
that often;it was like when Mr.Madliak came from the
hospital.He was also weak from being in the hospital.
-·----i------------------------.J-----I
,---------------..----------~-~
Michael Hudock 205
So I stayed there for a couple of nights so he wouldn't
have to walk down steps to get him water,or if he want d
something to nibble on,or whatever he needed,to take h m
to th.e bathroom.I'd take him downstairs to the bath-
A No,just until he was getting on his feet where he coull
get around.Because I made bannisters for him and he gbt
around good then.I'd say a matter of a few days.
A I believe that was in '67;1967,I believe.
of one week~
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You made bannisters for him?THE COURT:
the same thing for her too.I stayed there.
Did you stay for a year,every weekend,every-month?
was that,what year?
You said when Mr.Madliak came out of the hospital,
room.And the same thing goes with Mrs.Madliak.I did
sorry,I should have said a railing,Your Honor.
A Yes.I'd say over the weekend;whenever I wasn't
A Yes,sir,going down the steps,I put a railing.I'm
Q You testified then that this was only for a period
Q
Q For how long a period of time did you stay at the house
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working,my wife took over.
Q Was that the only period of time during which you
stayed overnight with the Madliaks?
A Yes,because they ~eren't totally disabled.They got
around.They just asked me for help and I never turned
them dO\ffi when they asked m~for help.
Michael Hudock'206
Q Did either Mr.or Mrs.Madliak at any time consult
you or ask you about how they should handle their
,~.
financial affairs,what.they sh~uld dd with their money~
A No,they never did.And I never did ask them,because
it was their money.I always told them,I said,"I'll
never interfere with their financial affairs."
Q Mr.Hudock,you testified yesterday that you performed
a number of tasks for Mr.and Mrs.Madliak.Was this
at their request or was this something that you did
A
without them asking you?
I did everything at their request.Whenever they asked
Q
me to do something,I did it for their sake.
That's all I have.
CRess EXAMINATION BY MR.CROTHERS:
Q Mr.Hudock,either yesterday or this morning,you
testified that in 1967 Andrew Madliak gave you his banl
book to control.Is that correct?
A I might have said that,sir.
Q He did so,is that correct?
A No,he didn't actually give it to me.
Q Then you are contesting what you did state both this
morning and in the Deposition.,
A It was his bank book.I never had nothing to do with i .
Michael Hudock 207
Q But did he give it to you?
A No.
Q Did he show it to you?
A I've seen it.
A Who?
A Yes,sir.
Q Did he show it to you?
prior to his death,is that correct?
I object because number
Wha t is your obj ection?
Your Honor---
MR.REGA:
MR.REGA:
THE COURT:
book.He explained yesterday that the account
'",,'as turned over on him,meaning that his name
was put on it.And secondly,he said the first
time he saw the bank book is when it was turned
avel'on him.
death,is that correct?
Mr.Hudock has already explained when he saw
the bank book.I believe the testimony will show
that he testified that he did not have the bank
one,the question is repetitive;and number two,
A Beg pardon?
Q You knew of Mr.Madliak's financial status prior to his
Q So you knew about the financial status of Mr.Madliak
Q Mr.Madliak,Sr.
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THE COURT:I think what the problem
here is----do you understand the question or no ?
A I understand part of it,sir.
THE COURT:Do you understand all of t?
You have to understand all the question to anSWEr
it properly.I think that word status is sort
of throwing him off.Can't you frame it in p1ai
English for him?
Q Mr.Hudock,did you know prior to Andrew,Sr.'s death,
how much money he had?
A ~es.I did.
Q When didyou know how much money he had?
A When he took me down to put my name on the bank book.ald
Mrs.Madliak,that's the first time I knew it.
Q At that time did he give you anything?
A No,he didn't.
Q He gave you no papers?
A Not that I can recall.
Q Your Honor,I'd like to turn to page 39 also of the
Deposition.and ask Mr.Hudock again certain portions
of this Deposition.The question.Mr.Hudock,was,
"Isn't it true that on June 1,Mr.Madliak had a stroke
and was ,admi tted to Washington Hospit,a1?"Your answer
was."Yes."Is that correct?-,,.
THE COURT:
is that on page 39?
Hold it,please.Where
••
MR.CROTBERS:About half-way down the
Your Honor.After,"No,he was in Ellsworth."
MR.REGA:
J"
Your Honor,I object to t~at
:"iquestionbecauseitcallsforanopinion,indeed
an expert opinion that this witness is not capable
of giving.
of trial.
I waived all objections at that time until time'
He gave it in the Deposit:on.
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He gave the opinion,jYour!j
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read into the evidence in this case portions of
the Deposition relating to the admission of
Andrew ~ad1iak,Sr.into Torrance State Hospita
THE COURT:But I don't think he said
what his diagnosis was.He merely said physical y
he was in Torrance Hospital.I think if you
would put it this way---isn't it true that on
June 1st Mr.Mad1iak was admitted to Washington
Hospital,I think would be proper.Because I
l1ichael Hudock 210
would certainly say that he is not competent
t8 d~agnose Mr.Madliak.Tne records and the
doctors will tell us about that when the time
come s, I assume.
you th~t question,Mr.Hudock.
Yes.
particular question which he had no right to jo
I reserved that right to object.
the question except the form of it.I dontt
think De understands the double negatives that
I just object to tha t
Ifm not objecting to
Just strike out the
Fine.Then I will ask
MR.REGA:
THE COURT:
THE COURT:
J.Yffi.CROTHERS:
'"wrd stroke.
Isnft it true that he was discharged from that hospital
en July 5,1967?We obviou3ly can 't follow the transcri~t,
YOl;.r Honor.
:1s.!it .n<ttrue that on June 1,Mr.Madliak,Sr.was adm::'..tted
to the Washington Hospita?
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with communication.Can 't you read it as it iE
in the deposition?11 Isn t tit true tha t he
was discharged from the hospital on July 5?1I
Michael Hudock 211
MR.CROTHERS:Too t is the question I
asked,I think.
THE COURT:You didn1 t put it that
I I believe it was.
visited the Centerville Clinic under some circumstances
your name onto the account?
A Yes,he was •
Your Honor,I oJject toNR.REGA:
condition is of no relevance.
the relevancy of this line of questioning
again.Mr.Madliakts mental and physical
way •
where---
,
charged f:'6m the liospital on 'July 5th?
Q Isn1 t it true also that on July 25,Andrew Madliak,Sr.
Q Is it also not true that it ,w,as only one week after
that time that he was released froffi\Washington Hospital
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that the change occurred to the baLk~count that include(
Q 1 1m sorry,Your Honor.I~nlt it true'that he was dis-•,
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THE COURT:I will have to overrule
you on that.Because he doesntt ask for a
diagnosis here.He just says,t1Isn t t it true--_11
Do you want to read it?
Q My question is,isntt it also true that on July 25,
I!I
I212
Andrew Madliak,Sr.,visited the Centerville Clinic?
THE COURT:I canlt see anything
II{!'O:lg vIith that •
July.
in that.He withdraws his objection.Can you
answer that question?
~adliak,Sr.had to WashingtcnHospital in the month of
Wait a minute.He was
I think you are correct
I will withdraw it.
~HE COURT:
MR.REGA:
THE COURT:
iL the hospital----
I believe ~o.
Isn1t it also true,Mr.HUdock,that on July 2b,
Andrew Madliak,Sr.was again admitted to Washington
Hospital?
I would~It say exactly if it was the 2bth,b~t he was
admitted to Was~ington Hospital that month.
It woulj have been the second ac.rnission that Andrew
~es.
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Q 1 1m sorry.In the months of June and July.I will
re~8hrase that.
MR.REGA:
1H::e to know what Mr.Crothers is attempting
to show.
~HE COURT:I dontt think he has
to give an offer on cross examination,because
he doesntt know,presumably he doesntt know
whatthe witness is going to say •
account.
I dontt see the relevancy of any of this.
I couldn1 t tell you the exact date.
that.Go ahead,Y.r.Crothers.
I will overr~le you on
He said yes.
I Jbject then because
THE COURT:
THE COURT:
HR.REGA:
Is it also not true that on August 10,1967,Andrew
Madliak,Sr.was admitted to Torr~nce State Hospital?
I believe he was transferred.
That would havE been less than one month subsequent----
You previously testified---
excuse me,less than one month after he signed the
account over to you or included your name on that
I think the question was,is it true that on J~ly 2~,
Andrew Madliak,Sr.was again admitted to Washington
Hospital?
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answer the question if you give hin a chance.
A Itt s possible.
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Q You previously testified,Mr.Huc.ock,that the account,
I
I you:,name was includ'ed on the Madliak savings account
I 1967,I 0~1.July 12,is tha t ccrrect?
II
A In July,yes.
e Q And you j~st testified right now that on August 10,1967
Andrew Madliak,Sr.was admitted'tc Torrance state Hospi ale
:!
I..Is that also not correct?I:(
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!:..iiL ~,So that would have been approximately one mor:.th after
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-placed the account that Andrew Madliak,I,your name was on!:
I:rIISr.admitted to Torrance State Hospital.Is that0(was~
-correct?J
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II A It1s possible.I don t t remember the right date s.:5eoJ
0(Q v..Tflc took Andrew Madliak,Sr.to Torrance Sta te Hcspital?;)
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:IiJ::oil Q Ym did'r:.ot take him to Torrance State Hospital.-J:::)
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e I MR.REGA:I Jbject,Your Honor.
I THE COURT:I think that is sustaine~.
I We ar.egoing to have testimony on that.You tol~.,
I me you are going to have doctors,didn t t you?
II .,--
Q Yes Your Henor.I'd like to turn to page 54,Youri,
,..
I 3:on?r,in the D~position.Hu<\.gck,Mr.the question Mr •
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Keller placed to you at the Deposition was,tlyou said
she went :'nto the Washington HosF,i tal in 196b.Was
this after she had signed the deed over to you?"
Your answer was,"1 believe it wa~.tI Is that correct?
I believe it was.
The qiH:l"sidmn he then placed to you,tlWhy did she go into
the hospital?"Your answer was,til couldntt recall
myself.There was quite a bit of sickness in the house.
I couldntt keep track of every day or every night.I
have it written down.I can,tit::remember'Tight off-hand."
1215
MR.'REGA:
TI-'::E COURT:
MR.CROTHERS:
I object,Your Honor.
Where are y OL:.reading?
From the top of page
55,Your Honor.It wa s the last line 0 n page
54 and the top of 55.
l'ffi.REGA:I nove to have that
stricken as irrelevant.They are talking about
a p9riod in September of 196b,some nine months
after the last transaction in question before
the Court.I don't see the relevancy.
THE COURT:I ~an't understand
how this question hurts you in any manner.
1£.REGA:It's irrelevant.Why
should it be in,perioc?
udock
MR.CROTHERS:Your Honor,the physic~l
conditi8n of Mary Madliak----
THE COURT:We will leave this stay
on the record for whatever it's worth.
lhas~lIWhat kind 0 f sickneEs did she have that
::ut h~r into the hospital?lI
asking him for a strict diagnosis of what
sustaiLed,because ,he is not a doctor.You
are going to have medical experts tell us this.
gueEs work when his answer was,I cannot rememb r
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MR.REGA:
'IHE COURT:
NR.CROTHERS:
she had.
THE COURT:
anYif..Tay?
NR.CROTHERS:
THE COURT:
should.
The question I then put
I object,Your Honor.
I think that would be
Your Honor,=am not
Why should you rely on
I will withd~aw it.
I~ertainly think you
Q Again,going further on,Mr.HUdock,my question to ycu
was,also on page 55,lIWhen she went to Brownsville did
She go first ~o the hospital?"Your answer v.;as,"Yes."
Is that correct?
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You mean 3rovclsville HosVital,sir?
That was my question.
Ye s,she l~_id.
When was that?
As I recall now,she didnlt go to the hospital when she
weLt to Ero~lsville.
Where did ShE go?
Tha t I couldnI t answe r.
Is it not true,Mr.Hudock,that on September 13,196~,
Mary Madliak was admitted to Colonial Manor portion of
the Golden Age Nursing ,Home in Brownsville?
In September?
September 13,196~.
Ye s,she wa s•
Could you tell me who admitted her to that place?
She admitted herself.
Cculd you tell me who signed the papers for Mary
Me.dliak?
A If 1 1m not mistaken,I believe she did,and I might have
signed tmder her,if 1 1m not mistaken.
Q Could you tell me who delivered her to that home?
A I did.
Q Going on further also,on page 55,Your Honor,my
que stion we.s to you,"Wa s she in "the ho spital at Brownsvi Ie
part of the tiILe?tt
THE COURT:1 think your question is
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not to me;it1s to Mr.Hudock.
Q 11m sorry.Excuse me,Your Honor.To Mr.Hudock,the
question that 1 pJeced to you,was,"Was she in the
hospital at Brownsville part of the time?"And your
answer was,llThey put her in the hospital then from the
hospital they took her to the nursing home."
MR.REGA:Your Honor,1 don I t
see the pertinence of any of this :ine of
que stioning.1 d,:::m I t se e that it ha s any
beE.ring on the issues before the Court,which
speci:ically right now is confidential relation
ship and undue influence.
that?
THE COURT:
MR.CROTHERS:
What is you~response to
My response is the
physi8al and mental condition of Mary Madliak
at all times is relevant prior to ~er death
as significant tc prove the existence or non-
existence of that confidential relationship,
despite when,how and where those gifts occurre~.
THE COURT:Go ahead and ask the
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questions.We are sustaining it,so go ahead
I
!Q I was goiLg to state that one of the gifts involved here
Your answer
We are not into that nowTHECOURT:
1 1m sustaining you.I said you can go ahead.
Is that correct?
My question then to you,Mr.Hudock,was,"Did she
Correct.
a one,·room on the ground floor.She wanted to come up,
but there had been threats made.and she was afraid."
vTent first?"Your answer was,"'!Jell,I could say I
die whi::"e she was at the nursing home?"
Ny que~tior:.then to you was,"Why did you take her to
Brownsville Hospital or the nursing home wherever she
was a metal box.
wanted to take her up my house.I was going to build
Ye s.
'",:as,"Yes.11 Is thE.t correct?
A
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,
~c.Crothers to continue.
THE COURT:I think he is entit::"ed
to it,Mr.Crothers.
Q The qUE st:"on wa s,"Who made the threats?II Your answer
wa s,"Her daughter-in-law."
A True.
MR.REGA:
MR.CROTHERS:
Continue then.
I a~going to object
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to forcing me to contin~e any testimony in this
regard,Your Honor.
M:l.REGA:Ee is trying to suggest
fuat we Jut her in the n~rsing home a~d we want
to know why he did that.
T::IE COURT:You see,Mr.Crothers,
=th~nk it is clear---it is not fair to read th se
things Jut of context.
M:l.CROTHERS:Your Honor,if Mr.Rega
r2quests them mbe p~ed in ~he evidence,I am
mJre th~n happy to permit him to do so.
T3:E COURT:I can't force you to rea a
them,b~t I will read ttem into the record:
myself because I think the whole context should
be before this Court on the record.
lB.CROTHERS:Your Honor,then we
~ttempt3d to stipulate prior to the introductio~
of all this.
T~-{E COURT:Eut this is not within
my powe~to force Mr.Pega to stipulate.If I
coule,maybe I woulj consider it.Bu~it is
----------------------------------.-----,
Michael Hudock 221
not within my power to do this.I have to follcw I
I
the :l;aw.So the only·thing I can do is read thE'.
res't of it inio the record on page 56 if you donI t
want to read it.Do you want to read it or do yc u
want me to read it?
MR.CROTHERS:••
I ~oted my objection.I
you want me to read it-----
THE COURT:It goes on to say,quest on -
"Who made the ,threats?"Answer-"Her daughter-
in-la'N'."Question -"Did you per sonally hear
these threats?I'Answer -"::es,I did.It is mj
I
Iwordagainsthers,but I did hear it."Que stior -I
"What did she say?"Answer -IIShe said she
was going to burn both houses down.Mrs.Madli,k
started to cry.Mrs.Madliak told me,she said
Mi~e I want you to send me to a home ,that way
she will not burn the house down.I said,well
Mrs.l'-fadliak,don1t worry about it."Question-
When vIas this threat made?"Answer -"Right
before she went to the home."Question -"Tha t
would have been in late August or early
September of 196b,where were you and Mrs.
Ma11iak,Jr.when till t threat was made?"
Answer -"We were down her house in the bedroom If
Question -"And you hearc.her say that?"
Answer;,."I certainly did.That is something
Michael Hudock
that will never get Gut of my mind.lI
Are all tho3e stateme~ts true?
A ~hatts true.She did say that.
222
THE COURT:
A Da~ghtar~in-Iaw.
THE COURT:
She is Mrs.Madliak,Jr.
lIDid sne tell you why she
was going to burn the house down?lI That is
on page 57.Answer -11 She was mad because
they signed everything over to me for working
down there.She said Andy was the only son.
She said blood was thicker than water.I said!
well,that blood isntt flowing down here.
The water is doing all the "wo·rk.II Is that what
you said?
A Ttatts the exact words I said.
THE COURT:You ~re quoting her
correctly,that is the daughter-in-law correctl1r •
A Yes,sir.
THE COURT:All right.Thatts it.
Go ahead,Mr.Crothers.Anything else?
COtlTI~UED EXAMINATION BY HR.CROTHERS:
Q M~.HUdock,is it not true that the statement that
someone wou~d turn a house dO'Nn was not made by the
daugtter-in-Iaw of Andrew Madliak,Sr.,but rather by
-----;-----11------------------------------------.,...----
Mi f'h!:lel Hudock
your vrife?
A That ~s not true.My wife didn1t say a word like that.
Q Is it not true that in order to get Mrs.Andrew Madliak,
Sr.out of her home and into a nursing home,your wife
nade the statement involved here?
A If my wife says anything,sir,you ask her.I cannot
answer for her.
Q My question was---
22~
THE COURT:Let ffie put it to you,
Mr.Hujock.Mr.Crothers is asking you,did
you hear your wife make s-~ch a statement that
31e would burn the house down?
A No,sir.
Q Did you ever hear that statement made?
A I never did hear my wife say she was going to burn the
house down •..-Q Did-you eve~·m~ke t~at statement?
A No.~lliy sho~ld I make it?No,sir.
;Q Did you ever make that statement in Jrder to get Mary
Madliak out of her home and back intJ a nursing home?
MR.REGA:I object,Your Honor.
He already said he didntt make that statement.
THE COURT:Well,I think that Mr.
C~others---it might be relevant.This wouldntt
p~ove the confidential relationship.It would
Michael Hudock
prove the opposite.
HR.CROTHERS:It wo~ld prove the power
he had over Mary Madliak.
~HE COURT:It wouldntt prove the
confidential relationship.
such a statement,Yo~r Honor,the proof would bE
that Mary Madliak left and went to the nursing
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HR.CROTHERS:It would prove if he madE
an~wer it.Did you ever make such a statement?
to burn ~nybodyts house down?
Never did in my life.I hope I never do.
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No,sir,I did not.
THE COURT:
THE COURT:
answer.
MR.CROTHERS:
If you insist,he can
You never threatened
All right.Thatts the
Your Honor,I have no
further questions of this witness at this time.
Ho~ever,I would like to reserve the right to
cross examine him when Mr.Rega puts on his
c~se iT:chief.
THE COURT:
right.
tlt.REGA:
Your Henor.
THE COURT:
this?
MR.REGA:
CONnINUED EXAMINATION BY MR.REGA:
I
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You will be allowed thatl
II
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I have just a few questi<:'1S,
Are we never go~g to en<
It shouldntt take very I ng.
Q Nr.Hudock,you testified earlier that JOu were,in effect
~t the beck and call of Madliaks and ~hat they requested
you to do certainthings for them that you did.Isn tt
it true that both Mr.and Mrs.Madliak were very strong-
villed and strong-minded and---
'IHE COUR T:Are you speaking of
the Seniors or the J~niors?
Q Seniors.And that if,for instance,i:you were a few
minutes ~ate or three minutes late for something,they
vere upset.
MR.CROTHERS:.I will obj ect,~o~J.r Hono •
A Yes,they were.They were strong-willed.
THE COURT:Just a minute.Mr.
Crothers,you are objecting,sir?
NR.CRO THERS:Yes,Your Honor.r am
going ~o object on the ground that he is not
capable of determining what the will of Andrew
Madliak,Sr.and Mary---he is not qualified,
a
he car:.t t tell what is/strong-willed.and:·.w9'ak-
willed pe'r son.
THE COURT:DOhtt you think these ar
matters which are subjects which are subject
to short-hand renditions of fact?
:1R.CROTHERS:The same as someone being
ill to their stomach,You~Honor.
THE COURT:Itt s different.Diagnos~ng
an illness and for eKample,giving a short-hand
rendition,Joe is a strong-willed person or
Joe is a drunk,you see,those are things that
lay people are capable of describing,dontt
you think?r think the question was all right.
Were they strong-willed or not?
they were.Whenever they wanted something done,
thEy wanted it done r-ight there.They didntt hesitate.
r:you was a few minutes late,if rtd say I was going
to come down at 3:00 o'clock and r came down five after
three,I got hollered at.Be·~ause he'd say,II~OU
were supposed to be here at 3:00."I was always doing
227
Q
what he asked me to do.They were strong-willed,both of
~hem,M~:and Mrs.Madliak.
Isn1t .it true also that at or about :;he time the bank
'I I know that.
Honor?The objection is raised in the way
Mr.Rega is asking the question.
~erentt sure you wa~ted to do this?
I wil~rephrase the
Just a minute here.You
Who is testifying,Your
MR.nEGA:
THE COURT:
MR.CROTHERS:
see----
.que stion•.
account was transfe~red,placing your name on it,that
Mr.and Mrs.Madliak,Sr.insisted upon it?
A ~hey sure did insist upon it.
Q Isn1t it also true that you expressed reluctance to Mr.
Horrow at the bank that you told Mr.~orrow that you
Q Was it entirely their idea?
A It was their idea.And I said something to him and.he
3aid,"Ifm boss."He said,"What I say goes."I said,
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in a leading question.
THE COURT:You see,technically,
you1ve got yourself in the soup here,because
you put this witness on as your witness.He
is entitled to lead the wi~nEss.
1'-B.CF.OTHERS:We asked as of cross
exa~ination.That doesntt give Mr.Rega the
total permission to lead this man allover the
ThEy said that t~'1ey aredoing it so I 'lATent with them.
because you'opened up the door.You were allowl d
to lead him too.We didnt~mind you leading.
So you are allowed to lead him,Mr.Rega.
not,to this bank account being changed~Is
that what you are testifying to?This conver-
sation that you had on the rEcord,has to do
with adding:your name to-the bank account,is
t •~I
This has reference,does it
He is allowed to lead hi
THE COURT:
THE COURT:
field.
Q ISLtt it truE that you·~eren~t~certain that you wanted
tD go an this ba~k account,but that Mr.Madliak,Sr •
ane Mrs.Madliak,Sr.insisted that you go on the accoun ?
A Mr.and Mrs.Madliak wanted ·to do this on their own •
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!A Ye s.
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Q ISLtt :..t also tr-.18 that Mr.Madliak aLd Mrs.Madliak
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e~R~essly told Y8U that you could make use of the money
Mi 0.h~p.l HlJ(lock
i~the bank :or your own purposes at any time?
A Yes,they have.
Q Is it not the C~3e that with the exception of the four
thousand plus dollars that the bank informed you that
229
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you 00uld take,that you did rot tolich a penny of that
money during the life of either M1'.or Mrs.Madliak,Sr.':
I have touched voat I had from in here,$4,000,a little
c€tter than $4,000.I did not touch their money.
Mr.Hudock,at the time that Mrs.Madliak decided to
tr~nsfer the Deed of the 'property to you,isnlt it true
that Mrs.Madliak,Sr.specifically asked for Mr.Costa
to come and talk to her about this?
She did.
Iid you suggest to her that she should see Mr.Costa?
Fo,I didnlt.She ~aid Mr.Costa was----what she would
Eay would be like ~n old-time frienj.She said they kne
~im since they lived in town.That was her sugges~ion
c..nd I never said a word.I said,"I~ls up to you."
THE COURT:Is Mr.Costa your
law~rer'?
He was my lawyer one time,sir,until he got to be D.A.
THE COURT:After that he hasnlt bee~
you~lawyer.Was he your la'NYer at the time
of this transaction?
A VeIl,yes,on little occasions.I havenlt used him for
~------11-----------------------------------,------.
anything.
Michael Hudock
THE COURT:You didntt ask for Mr.
2~O
Costa?
A No,I c1idn t t.Mr s.Madliak did.'
THE COURT:Don tt you think it t sabOl t
ti~e----I1m not trying to ,rush ~ou gentlemen,
"but dontt you think we are sort of getting a
little repetitive here?
MR.REGA:
THE COURT:'
All right,Your Honor.
If you have other que sti(ns,
feel free to ask him.But letts get something
fresh o~the record here.
Q Just a few m8re questions.At the time that Mrs.
~adliak decijed to transfer the Deed to the property,
~as she mentally uFset about the death of her husband?
A ~o,she wasntt.
Q Iid she sit around and cry and ~eep?
MR.CRO THERS:I object,Your Honor.
A She cried a little but she didntt carryon too much.
THE COURT:
NR.CROTHERS:
Just a minute now.
If Mr.Hudock is not
oapable 0:testifying to physical condition of
----------.r---------------------------------:----
Y.:ichael Hudock 2~1
Mary Madli=tk,he is equally not so re sp::msible"'I
to be able to testify as to mental condition.I
I
THE COURT:Letts read the question
back.I dJntt think he did testify on ~enta~
he observed her doing.
condition.I think what he testified to is what
to what he meant by mentally upset •
under advisement.That is a close question as
lt ve got two questions,
I will withdraw the
The question is withdrawQ and
The Court will take this
MR.~ROTHERS:
THE COURT:
~.REGA:
THE COURT:
Your Henor,and I will done,hopefully.
the ar-swer stricken.
questicn,Your Honor.
Did ~~s.Mad~iak,during that period of time,mope arouni?
W311,she wgnted attention.Everyday she wanted attentioh.
T:1at 1 s all.
(3tenographer reads back the last question).
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EXAM:l::NATION BY MR.CROTHERS:
Q Who told you,Mr.HUdock,that your name would be placed
on ~te account,Andrew,Sr.or Mary?
A Both.
Q Originally who told you that your name would be placed
on ~he account?
A Both Mr.and Mrs.Madliak •
Q I am asking you the first one who told you.Under the
Judgets advisement,two people can sing together but
two people cannot talk together.Which one of them told
you?
A That wculd be a ~ard questi0n to answer,sir.I nean tha t s
been a~hile now,whenever I was told that.I didntt jump
up to say,"Well,you told it to me."I could say both f
them explained it to me,and told me that it was going
to be changed.
Q Whe~'1.you got to the bank,who told the bank to add your
nam8 to it?
A Mr.Matliak and ~ITs.Madliak.
Q Which one of them told them?
A I wasntt watching.I took them down.
Q Mr.Hucock,do you have any idea,in your opinion,
what;would be the advantage which Mr.and Mrs •.Madliak,
Jr.would have to having their mother put in a nursing
He is asking conjecture as to what somebody
home?
MR.R3GA:I object,Your Honor.
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l-Cichael Hudock
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else thought.
233
THE COURT:That would be speculativE,
wouldntt it?Mr.Hudock wouldntt know what
would go through the mind'of Mr.Madliak,Jr.,
Nursing Home?
I am sure.
i~1967.
A My name was added to her account anc Mr.Madliakts accou t
When is this?THE COURT:
account?
A WhEn did she go?
Q WhEn did she discuss,it?
Q W~en did Mary discuss with you going to the Golden Age
Q A~the time that Ma~y discussed with you entering into
,the Golden Age Nursing Home.had your name been added
t)her account?
A Yes,she did.
Q Had yo~r name been added'to her account,to the ba:!k
Q I will rephrase it.Mr.Hudock,at the time the dis8ussbr
occurred regardi~g Mary entering herself in the Golden
Age Nursing Home,had she conveyed the property to you?
Had ShE given yo~the Deed to the house?
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T3E COURT:Get the question correct~y.
There are tvw possible questions here.When did
i she dis8uss it;,that is one question;when did
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she ~6'i~sthe next question.
Q My question is when did she discuss going?
A She discussed going whenever I wanted to take her u~
my house and fix her a room on the floor,when her
daughter-in-law came down and threatened her,she discus ej
Q Holj on.I wa~t to know when specifically she discussed
wit~you going to the home.
THE COURT:
Q W:la t da te?
A I just explained it.
He told you already.
Q He1s never given me a date,Your Honor.
THE COURT:He didn 't'give you a dat ,
..but he told you when.Can you reme~ber a date?
A I cantt remembe~tee date.I cantt remember every date
cf the year.
MR.CROTHERS:Your Honor,at ~his
time I havenothing else of this witness.
-l've got one more transaction for the Court,
but no~hing for this witness.
THE C8URT:Are youfinished with th's
witness?
NR.REGA:Yes.
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THE COURT::You are going to call him later in you:,
case perhaps.You are reserving the right to call t~is
witness back.
MR.REGA:Yes.Do I have to reserve the right?
THE COURT:I would suppose it would be to your dis-
advantage not to.
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REGA:1hen I have the right without reserving it
for the Court.lid like to introduce also unEr the
same stipulation as we did before as to medical rec~rds,
-Petitionerts Exhibit Number 9,which is a copy of medica
1ATb.y.quibble?Say,"I reserve the right."
I also reserve the right to call this witn ss,
Your Honor,I have one more transactionYourHonor.
MR.CROTHERS:
zor~THE COURT:'
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l1i~records for Mary Madliak from the Washington Hospital
l-ll:~with two dates of admission;one of July 11,195~and
It~one of May 31,196~.These just came into our possessio •
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0(u THE COURT:1hey have never been marked as exhibits.
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MR.8ROTHERS:That is what I am attempting to do now.
.That would be Petitioner's Exhibits---
TH3 COURT:Nine and ten.
MR.CROTHERS:They are combined inw a total,Your Hono ,
so we could make one exhibit.
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236
THE COURT:They are different hospital records,arenIt
they?
MR.CR01HERS:Yes,but they are on one master st:.mmary
sr_eet,which includes both of the diagnoses.These are•tree Washington Hospital records of Mary Madliak and agair ,
<these are under the same stipulations that we had before
zi(>~to medical ~ecords.These will be su-)stantiated by.J>-II)z .Deposition and te.stimony ,if possible •z
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Ul'<~MR •:ROTHERS:Your Honor,at this time weld like to
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:l...THE COlffiT:How much time do you need?
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iii MR.CRCTrlERS:At this time,we are not really sure,You'"
0:~it isl-I:0 Honor,because at this stage,/subject to the availabilitL~0:
I-of any medical v,,;i tness •0:
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'<TEE COURT:We have got to have time.Welve gotvsome
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I-.0 ~o schedule it for sometime.We car_It go on and on with
e :;his case.You ought to be able to have this done by
the latter part of June,1 am sure.
MR'."CRJTHERS:Our request is for two months at the
very least,as an approximation.
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T3E COURT:1 111 tell you what life are going to do.
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237
How lor.:.g is i-:;goJing rho take us to finish this case at
the rate you're going?Remember,you are going to read
that Deposition into the record.That 1..rill take 'time.
Or maybe you might stipulate to introduction of it.
The only problem,there is no control unless you read it
into the record in case there are objections.Dontt
it done in t hat length of time.
mJnths.The maiL thing is get busy right away and
you think we ought ~o be ready by the 27th of June?
g3t this done.What we will dO,we are going to come
I am sure they will be available in two
Itt s subject to the availability of the
It seems to me you ought to be able to ge~
As of this time,I don't see any difficult
bsck hereon ~he 27th day of June at 9:30,and finish up
this case.That means we want everybody ready at this
time.The Court has been very indulgeLt.We have gone
out of our way to give both sides,not one side,both sides
ajditional time to take care of various matters.Letts
That gives you practically two months,less one day.
dJctors.
THE ::::OlBT:
with it.
THE COffiT:
MR.,:::RO rHERS :
MR.CROTHERS:
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cooperate withfu9 Court and try to get this cl~aned
up by tee 27th.Do you think it ~l take two days?
MR.R3GA:
THE COURT:
'~can1t speak for what the length of the
We will set aside the 27th,the 20th,
two days for this case.Now I canlt d~any more for you.
If it takes until 9:00 olclock at nigh~on the 20th,
that is what we ~dll do.We are going to finish it up.
So we are going to give you two more months,sixty days
to get this done.That should be ample time.
(fIe aring..Ad jaurned)
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Stenographerts Certificate
I hereby certify that the proceedings and evidence are
contain9d fu2.ly and accurately iri the notes taken by me on
the nearing of the abeve 8ause,and that this copy is a
correct transcript of the same.
ne Hammond
Court Reporter
Certificate of Hearing Judge
The foregoing record of the proceedings upon the hearin
of the above cause is ~ereby app~oved and directed to be file
By the Court,
Paul A.Simmons,J.