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HomeMy WebLinkAboutOC1969-0609 - ESTATE OF BERGEROr--.-.-- PETITION 'SUR AUDIT IN THE ORPHANS'COURT OF WASHINGTON COUNTY Testate Form j Estate of 9.l:\~~~.P.P.~..~.:r£~~__._.._----.-.-- ...~.J..~'-..~~~~1'L~mfl~- _ . Deceased No 6.3..~..69...'!'!..6Q9...Qf..1969 . Fiduciary A"y-..,Qapano . Date of Date of Decedent's death A.Prtl....?Q,l9.Q..9.Grant of Le!tters ~Y-..15,...1969 ~---. This is the..fiT.~t..~~g..fi~l account filed in this estate If there have been .former accounts filed'in this estate,list file number or number and term M:p,e.. Election to take Under~will.(cross out one) Date Election Place of; Filed sol.e..benefi~Record :_ _ . Name of surviving spouse ~~~_ __._.._.__:_.._ __._.._._.,.._.__._. List issue,where material: Did decedent marry after execution of will?(indicate)XU No.Any children born after execution of will?(indicate) %:II No.If answer yes,name them _ ___.__...__._, "--_--___------__--__---_.__._-_..----__------_--------------_------_.._..___..__.._--_-.----__----__-_-----.-.. Legatees Maria Li&ia Enrico Relationship sister Interest all Fiduciary,if deceased or not sui juris sui juris List,if exceptions to above: NONE If partial ir'itestacy,give facts: NONE Adeemed:Revoked:Lapsed:Abated: ,/ Give Cause: Notice to interested parties.Have all parties,having either vested or contingent interests and all crediors entitled to notice (Court Rule No.9 paragraph C:Section 6:Subdivision c)received written notice of the filing of the account and of call of audit?Yes.nrar If any exception give cause:.....~J:l.•................................. File copy of Notice and date of mailing N.~v.e..m~I'..28.,..1..Q69 ,.y•.•:::.. Is estate subject to the filing of a Federal Estate Tax Return?~9.........•.......;. Actual payment made on Pennsylvania Transfer Inheritance Tax.Amount $~~. If the Will makes any portion of estate subject to a life-estate,give name and birth date of life tenant ~. Give Names and addresses of all'unpaid creditors who are legally entitled to notice,together with the amounts of such claims;state whether they are admitted to be correct;and whether the claim is denied. Mrs.Margaret Ruey 551 McCrea Avenue DOlWra,Penna.15033 amount $1500.00 The claim is unitemized aad no iIldication of time over which services were rendered and the charge per service.The executor is unable to determine if the claim.is allowable. Give reference to such parts of the will as require interpretation by the Court;a reference to all questions re- quiring adjudication,and a statement of any other facts deemed necessary for the preparation of the adjudication: NONE Balance for distribution per account, Itemize any additional debits not shown by account: Total additional debits (Add) Itemize any additional credits not shown by account: Russell Marino-tiling account Total additional credits (Subtract) Balance for distribution $. $.16..0.0 . $549L.9D . $.5475..90 . If balance for distribution is not in cash,list each item held in kind,giving appraised Value (or distribution Value>; All in cash. II I~-~ ". If Family Exemption claimed by Petition,give place of Record:...1ll..Q••..............•........................•.••.......•.•..................... If Family Exemption is claimed at audit,give name,relationship and basis for Claim:. List any advancement or distribution on account that has been made,and nature and amount of same: NONE Suggested distribution of balance shown,both as to principal and income,attaching signed and itemized eleCtions to take in kind if balance is not in cosh:residuary shares being stated in proportions:\ All the balance U> Maria Lidia Enrico COUNTY OF WASHINGTON,SS: COMMONWEALTH OF PENNSYLVANIA The above named Fiduciary or representative thereof, And your petitioner will ever pray,etc. .,... ......d...'::..d... being duly ~~U:~doth depose and say that the facts set forth in the foregoing petition are true to the best oL hi~L knowledge and belief. .S:w'O.r.lil...to and subscribed before me thiS ,f.d..day of..D.e.c.emb.e.r.19.6.9.. Signature af Officer.'..NOTAA~~"" r:••••.•JifyJ::JlDlDltssicn.Expir-es;.i\prJI.9,.~~n . Wllshingt~n.Washingtori Co.,'fa. Office expires...............•.:~..~,:. .....,...,).' \I,•.,(~ No.63..~._65L~__609..Qf_.1969.--._...__._. Estate of.__UU.ISEP.P.E.J3ERGERO~_.___. ........~..-..~*~~..~Q~?H..~~RO _ ___ __.. Deceased..~ Fiduciary...A.•._Jl.....cAPAN.Q~..._..._._._...__.__.__..... .EXECUTOR_.-.-------.----------------------_..-- -_.._..-- -....--_..---- -_..-----_..--_._.. PETITION SUR AUDIT FROM WHERE DECEDENT LEFT A WILL Counsel of Fiduciary will submit herewith the following,in conformity with Court Rules adopted effective December 3,1951,being rule No.9:po rag raph b-c;and divisions thereof:shown on pages 23-24. 1.Written praecipes of all Counsel in the case. 2.Copy of order appointing Guardian ad litem,if pertinent. 3.Copy of Order appointing Trustee ad litem,if pertinent. 4.Proof of service of above. 5.Letters Testamentary or Administration C.T.A.or an attest copy of Will. 6.Copy of inventory and appraisement. 7.Proof of advertisement of grant of letters if not filed with account. 8.Certificate of Iiens in case any of the funds for distribution are from judicial sale of real estate. 9.Signed and itemized elections if any distribution in kind. 10.Copy of Federal Estate Tax return if es- tate is subject thereto. A.V.CAPANO Attorney ",,~'2 'V'd "00 N01SNIHSYAi' Sll/M .::/0 tf31S/03U ONltpnV 11:;SSnti Id II ~V J id3S OL 40.3 '11.:1 ...,j -J ( J'I - -~" '/ .'PHONE FRONTIER 9·5560 A.V.CAPANO ATTORNEY AT LAW 72\McKEAN AVENUE DONORA,PA. FORMAL NOTICE ",, In ReI Estate of OUISEPPE BERGERO,alias JOSEPH BEROERO,Deceased No.63-69-609 or 1969 DonoJ'8,Fa., November 28,1969 You are hereby notified that the undersigned fiduciary has tUed witb the Register of Wills of Washington County,Pa., First and Final account in the administration at the above estate and that the same will be presented for coDf'irmation am for audit,if no exceptions are tiled thereto within the period provided by law. Please take notice that if you have a olaim against such estate,either as creditor,heir,devisee or in any cap- acity whatever,which has not been paid or satisfied,you must take suoh steps 8S you may oonsider proper to adequately'protect your claim.The tiling of any proof or statement of your olaim with either the undersigned or the attorae,.for the estate does not relieve you of the responsibility ot protect:1.Bg your claim. Very truly yours 01t Q lt~iJ ~,J '.. .."................·---...--.......----....---_-III!l!.E!'!!!-44!.l!ll!&..1'IlI.z!l!llkW~i~-:-;;:"'...:tll!O!l.CR..iS""'''1 j QIommouwraltQ of 'ruul1ylnauta.t ss: Ihll1QtUgtou C!Iouuty.\ KNOW ALL MEN BY THESE PRESENTS:Whereas,at Washington,in the County aforesaid on the 15 day of Russell l1arino May A.D.19 69,before me, ,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 late of GIUSEPPE BERGERO Donora alias JOSEF H BERGERO, in the County aforesaid,deceased, (a true copy whereof is to these presents annexed),was duly admitted to probate;and A.V.CAP A N 0 the Executor 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 A.V.'C A PAN 0 committing unto him the administration of all and singular the goods and chattels,rights and credits,which were of said deceased,and requiring him 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 f i f tee nth day of May in the year of our Lord one thousand nine hundred and six t Y -n i n e• ...,.,,,~.~~...'..Register '- -\'...... ~---...~..~.,, , '-'.-::-.~ iIlrurrs Wrslawutary ESTATE OF GTIIS8PP E BERGERO_Halias JOSEPH BERGERO, DECEASED. /A.V.CAPANO ~TTORNEY AT LAVI 10..;"DONORA.PA. ~2 '\ { \ '! L, ~:j{~ ~~\"!\1. t~/"r l'i ~, fti , I'I i';\ I'I~ r! ~-­ I ',- I,GIUSEP?E BERGERO,of 545 McCrea Avenue,Donora,Washin~-. ton County,Pennsylvania,being of sound mind,'memory and understand-I I ing,do hereby make,publish and declare this to be my last Will and I Testament,thereby revoking and making null and void any and all in the 'nature thereof,by me at a-Tly; time heretofore made. FIRST:I direct that all my just debts and funeral ex- penses be fully paid and satisfied as soon as conveniently may be after my decease.The funeral arrangements and expenses for the same I leave solely to the judgment of my Executor. SECQ1,ID:I give,bequeath and devise all the rest,residue and remainder of my estate to my sister Maria Lidia Enrico,of 15 Rue Ledru Rollen,Gardanna,B.D.R.,France. THIRD:I hereby make,constitute and anpoint Natalino .Car~a to be the Executor of this my last ~ill and Testament.If he -is not available~then A;V-.Capano,of Don"ora,Pennsylvania,to be the Executor. IN WITNESS WHEREOF,I have hereunto set my hand and seal ".'. this 12th day of May,A.D.1966. Signed,sealed,published and declared by the said presence of us,at his request and in his presence,and in the Giuseppe Bergero,as and for his last Will and Testament,in the -presence of each other,have subscribed our names as witnesses ,~Jftti/()jt'~"1.//I --.L:....-...,(SEAL)I I 1I I hereto. (SEAL) i\ffibuutt (@f 1£xrrutnr ®r i\bmtntatratnr ~tatt nf 'run!iy1ttaultt } C!J,nuttty nf lIa!i4ingtnn !i!i: Personally before me,the undersigned authority,a _~_~r.v:_.p.~~lt~in and for said County and State,appeared .A.~._Y!~~~~Q ___ _.._-.._ _..__..__..who,being duly sworn ac'(£;~ing to 19,deposes and says that he is the executor ~of the es- tate of .aId:~~S$p~gor.4e;rQ-------..---.deceased,that the foregoin~SCh,edules ...constitute,a,al¥iseype ne~erocompleteinventoryandappraisementoftherealandpersonalestateof~__..._.~...J')J.~.Ph_....~ml.~, deceased,except real estate outside the Commonwealth of Pennsylvania;that the figures opposite each item of real and'p~rsonal estate in the foregoing schedules are determined and stated by the undersigned to be the fair value of said items as of the date of the decedent's death,based upon a just appraisement of each item made by the above named Executor A it"tf1~n_ ','..'14th t4 :-'Sworn and subscnbed before me thzs "..",}" day of .O~:~~:ii..··,·196 ...:·:·E..:..:··t ~·i~~~t¥'i~~':47· .......~:;/iIRR}RiJFi JiO PBBi~..:~·-·xec r ._boHoRA a'ROUGY,I INGTON DDITIONAL INSTRUCTIONS 1.An h~MRlij°¥rM9f£tflBRtIIl\tl&njthree months after appointment of personal representative. 2.A supplemental inventory mustbe"filed within thirty days of discovery of additional assets. 3.1 Original and 2 Copies and 2 RCRI-34,Under $10,000;1 Original and 2 Copies and 2 RCRI-33, Over $10,000,including Copy of Will;1 Original and 3 Copies and 2 RCRI-33,Over $50,000,in- cluding Copy of Will and copy of Federal Estate Tax Return. REFERENCE FOR ADDITIONAL COpy Act of 1947 P.L.513 Sec.5.2,72 P.S.4844.2 31ntttutnry anll !\pprai!itmtnt .of the goods and chattels,rights and credits which were of .~~i:~.~~~h1:~'.r.Q late of .:P.l?~~~.,~~~y.~!~~~. Washington County,Pa.,taken and made in conformity with the above affidavit. J REAL ESTATE NONE PERSONAL PROPERTY- DOLLARS CENTS u.S.Steel Pension Fund-Uncashed checks Mellon Nat.Bk &Tr.Co.-Savings Acct.with interest Social Security- Cash- TOTAL JOINTLY HELD PROPERrY NONE TRANSFERS NONE Uncashed check In home of deceased $7673 17 13,10 184 28 40 0 $8033 05 /. aY57 (,3 -fa l-bO? ~ Inventory and Appraiseme!Zt IN THE ESTATE OF-- .\ GUISEPPE BERGERO, ,,,:,,aJ.ias JOSEPR...BERGERO c•.•••••••• Filed ,19".......... ....-0-,co ;. ,r ,J I j ~j ~.., Ijl -flf,,"¥-I J' rI.:D .:0.'f1l,..Y/0_;r;;""""(A:;;.f.I'J(J)~=1~ C':)f'rl r""----t~(_Q~Q ,.,.."TI_c:>',r;..a.~;;:u.,'.~,~..f""'-~-.g.".",.~­~-0,.'. ~--. c.rw -0.::x (.0,,) V'7 ."-~ TTlo.. A.V.CAPANO ~-5 DI(.1v<fO -o:>~3S-7 STATE OF PENNSYLVANIA, WASHINGTON COUNTY,~55: The within named Accountant being duly sworn according to law,deposes and says that the above account , as stated is true and correctas _.he _verily believe, Sworn and subscribed before me this 21s.t . -N01ARY PU II My Commission Expire.AIJrll"'~Ij' Washington,Washingtolt 0(1"h:: Wa1shington County,ss: ....c:(~..~~----------. I do certify that I have given legal notice 'to all persons concerned of the filing of the within account in the manner prescribed by Sta'tute and Rule of Court,as evidenced by proofs thereof filed to No..b..3--:__k_9_-:..£..2_~. Witness my hand and official 'Seal this__;;_.f!~.._._.__ day aL91f;{~9lLO;;;;;;;:;~: -.Register of Wills -~\.--_.-..-- ,..............~o·...§::l 0.....~~\0 .....I'l 0 I'l::l 0 ::l0.S-O)0 \(St)\lS ..t:l ....t)t):;j .....~~t) .~~ED 0 ~--U :---t,~...... -tit U.il""" .•It ,J!......:..~'t:l 0)0 @ II .~0)•E3 ....M !..... d "1 09 I'l g :>. At pn \2 0),S 0)r;:,OCl ,2 .,l'l-.ci 0 ..~'59 0):,~~!...O'i d 0 ~...~~0 N e:,A c::x:i ....."l I't1 I ~.....t.....°i ~Ct-i Eo<-0 ;,I'l ~~i:::l ~PqEo<;..~t"~R~~~\,J)0 .: 0 ~U1-:'f'ft::r=g 1:"t.","I,"t)~i0{w.~~,'~\.;:}\ioi-t:-U-.t)a I't1 Il:t.Of W~UlS cd icd .;~~<lJ -'-~~~@ RJ::GiS ~lei",I'l i ...c::x:iI;CQi••IP'A>·:a •'Q)-0')A.:~~I'~r..f'tT·A,t;.\j ..... §~;.~'D.I':iIi 'iiAS~\![I\"~'Uc'li .~:0 ;°biJ ~,:t:I):cd 'Q)0)S i ~M pi tIi ..t:l ...:Q"1 Hi ~~.....tg°1 0 Ch-i=I ~a 't:l0'l I'l ".;Z ~..........' ~.1\.~.• /~.j "a,J:oolsa S!4ol U!UOWlq!JolS!P JadoJd au!wJ~.l,ap 00l paolsanbaJ All np::>ads.aJ S!olJnO)a4.l ---------------- '-r (, • ....'" i'i i'':' IN THE ORPHANS I COURT OF WASHINGTON COUNTY,PENNSYLVANIA ) IN FE:ESTATE OF GTIJSEPPE BERGERO,alias JOSEPH BERGERO, Deceased. : NO.63-69-609 of 1969 FIRST AND FINAL ACCOUNT TO THE HONORABLE,THE JUDGE OF SAID COURT: The First and Final Account of A.V.Capano,Executor of the Estate of Giuseppe Bergero,alias Joseph Bergero,late of Donora,Washington County, Pennsylvania,represents as follows: <' .. 1.THE ASSETS CHARGED TO THE ACCOUNT ARE:••..I '. t "'."._'~-'..,~ REAL ESTATE •NONE .' PERSONAL PROPERTY Mellon'Nat.Bk.&Tr.Co.-Savings Acct.with interest Social Securtiy-Uncashed check u.S.Steel Pension Fund-Uncashed checks Cash-In home of deceased TOTAL ASSETS 2.THE DISBURSEMENTS FOR WHICH THE ACCOUNT CIAIMS CREDIT ARE: $7673.17 135.10 184.28 40.50 $8033.05 DeRienzo Funeral Home Funeral 1700.00 Russell Marino Probating Will 18.00 A.V.Capano Legal Fees 500.00 vVash.Co.Reports Publishing Notice 14.00 Valley Independent Publishing Notice 10.75 Catholic Cemeteries Assn.Grave and Opening 205.00 Rev.Ettore NiNapo1i Religious Service 15.00 West Penn Power Company Unpaid Bill 3.45 J~i"~....',". ,.',,, )J .J. ",, ,..Columbia Gas Company Unpaid Bill 25.52 I Authority of Borough I "of Charleroi Unpaid-Bill 3.32. , Bell Telephone Company Unpaid Bill 6.11 Dr.L.J.Quetsch Medical Services 20.00 Loretta Stefansy Witness Fee 10.00 Marga ret Ruey Witness Fee 10.00 TOTAL EXPENSES $2541.15 3.GROSS ESTATE RECEIPTS 8033.05 DISBURSEMENTS 2541.12_ BAIANCE $5491.90 4.From the above balance there remains to be paid the filing fees I for the Final Account and the Court costs.There is a claim which is to be I adjudicated. Respectfully Submitted, rr.~~ I I, ,..., . ,. t ,Washington County Reports Washington#Pennsylvania (PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION) Estate Notices The Register of Wins has granted letters,testamentary or of administration, in the following estates.Notice is hereby given to all persons indebted thereto to make payment without delay and to those having claims or demands to present them for settlement to the Executors or Administrators or their Attorneys. • •• •• • • ••• •• •• ••• PROOF OF PUBLICATION In compliance with the Newspaper Advertising Act of May 16,1929, P.L.1784 Sec.3,paragraphs (3)and (25). COUNTY OF WASHINGTON}SS. STATE OF PENNSYLVANIA BERGERO.GIUSEPPE,a/k/a .,TOSEPHBERGERO.Dec'd.' Late of Donora,Washington CountyPenna.• Executor:A.V.Capano,721 McKeanAve..Donora.Pa. Attorney:A.V.Capano,721 McKeanAve.,Donora,Pa.15033 Personally appeared before me,a Notary Public in and for said County and Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes and says:that he is the Editor of the WASHINGTON COUNTY REPORTS, the officiaJl legal periodical for said Washington County,published weekly hav,ing its place of business at Washington,Wmlhington County,Pennsylvania, and is acting as its agent in this behalf;that the said WASHINGTON COUNTY REPORTS.was established on March 31,1920,and was designated as the official legal publication for Washington County,Pennsylvania,by order of the several courts of said County,dated November 11,1920;that the printed notice or advertisement attached hereto is a copy of a notice or advertisement, exactly as printed or published,which appeared in the said legal periodical in its regular issues on the following dates: Sworn to ..............Ma:y:22.2.9..,J..9.6.9.. ..............J.yD.~?J.9..9..9... that the affiant or the corporation in behalf of which he is acting is not interested in the subject matter of said notice or advertising and that all of the .ul",.tion,of "'",[f""it ..to th'"?tireE""of th,P""it"'"" =tro,.~_.__..c.._ _.......•....._.._ __.. Editor ....·.s.j;~7 of J.lJ.n~,19 9..9... ._.._7-U~dd.,;...jl,·~ic ..- KATHE~INE C.YARD,Notary P.~"c Washington,Washington Co.,'a. My Commission Expires HOyellber'1,1969 I I ';, I •,,.Proof of Publication of Notice'in The Valley Independent Under Act No.587,Approved May 16,1929,P.L.1784, as amended by Act.No.51 of April 24,1931,P.L.67 }ss: Assistant Personally appeared before me William H.Pore,Secretary of Mon Valley Newspapers,Inc.,a Penn- sylvania corporation,publisher of The Valley Independent,who,being duly sworn,deposes and says that The Valley Independent is a doily newspaper of general circulation in Fayette,Washington and Westm6reland counties,Pennsylvania,and elsewhere,published in the City of Monessen,Westmoreland County,Pennsylvania,that it was established June 28,1902,since which date The Valley Independent has been regularly issued in said county,and that 0,copy of the printed notice or publication is attached hereto exactly as the same was printed and published in the regular editions and issues of The Valley Independent on the following dotes,May 22 l 1969 May 29 and June 5,1969 State of Pennsylvania County of Westmoreland Janual'Y I,1~71 "1 . CHARLES ~NO!P'PfG:r,~U~y Public • Mont;;3~n,,"s;;~.::c~Jlar,J C~oo,Pa. My (;o;nn~ir.2'oa EXlJires STATEMENT QF ADVERTISING COSTS: A.V.Capano,Attorney at Law My commission expires day of --"'-"=+--7fLetterstestamentaryon'the estate ofGiuseppeBergero,alias Joseph Bergero late of Donora,Washington County,de- ceased,having been granted by theRegisterofWashingtonCounty,notice Is hereby given to .all persons Indebtedtosaidestatetomakeimmediatepay·,ment,and to those having claims ag~lnstthesametopresentthemwithoutdelaytoA.V.Capano,executor,721 McKean.Avenue,Donora,Pa.A.V.Capano,at··torney,721 McKean Avenue,'Donora,Pa.o 5;22.29.6;5 Affiant further deposes and says that he is General Manager of The Valley Independent,a dolly newspaper of general circulation,and as such is authorized to verify the foregoing statement under oath,and Affiant is not interested in the subject matter of the aforesaid notice or advertise- ment,and that all allegations in the foregoing statements as to time,place and character of publica- tion are true.,/p .r-J- COPY of NOTICE 721 McKean Avenue Donora,Fa.15033 TO MON VALLEY NEWSPAPERS,INC.,DR. For publishing the notice or advertisement attached hereto in The Volley Independent on above stated dates $10.00 Notary :$.75 Total $10.75 , I PUBLISHER'S RECEIPT FOR ADVERTISING COSTS Mon Volley Newspapers,Inc./publisher of The Valley Independent,a daily newspaper of general circulation,hereby acknowledges receipt of the aforesaid advertising and publication costs and certi- fies that the some have been duly paid. MON VALLEY NEWSPAPERS,INC. BY&«2X74 /~aa-e .d?h lin t~r (@rpQuns·QInurt nf lfusQinytnn aInunty TO THE AUDITING JUDGE: ~AA~~In'2-2..day of ~'19-& N.B.-Counsel shall,by separate paper,present a concise~each claim,with supporting calculation of any interest claimed.Objections to an account as filed,shall be concisely stated in a separate paper. Council suggesting proper distribution shall file a separate concise state- ment in that regard. j N $.'11/n OJ '.""'i /I ."',---.......t....1'1 ...a \' '......\..~,/.... .."..·.....t,.)f~ CotW=: t<j;.. t<j Cot:+ I-:+~-Q ~ ;..0~r:..Q«t,.... Cot:+.-wCott<j $.t~ ....o oZ " June 9,1969 A.V.Capano,Executor Joseph Bergero Estate 721 McKean Ave. Donora,Pas Dear Mr.Capano: I am writing in regard to the money owed me by the Joseph Bergero Estate. Several years ago Mr.Bergero called me and asked me if I could change his dressing and feed him,which I did for a period of sever- al years. He had cal gastrotomy done and I had to feed him through a tube with special foods.Then his dressing had to be changed three times a week and many errand5 that he requested,caused many inconveniences.My hus- band would run these requested errands and pay his utility bills during his lunch hour. I have not,to this date,been reimbursed for this inconvenience and service that I rendered,although Mr.Bergero assured me that I would be taken care of. Ther~or I am submitting a claim for $1,500.which I feel is more than due me,at least,for the past year.As a registered nurse,this a fair and due claim which I would appreciate your attention to. cc Very truly yours, //IcJr'l{j)r~T/i~IJ~·.Marga~t Ruey,R.N.I J ,..'-. n"'~","," " j ...., • ('. r .,I ""r ,"(,,~ r.o-r o n"'·,:' -....,"~,.,.J <:";rj".r~(••' r ,I {'~.~,,""rr :-.' -'J ("I<, 1",,~,,~.~I ·r , r. r r ,j .' :. ~~(.r " 01.-:' "iF(' t .r',";<...• "\T 'r. ,rr "t· "( •r:" --J'f:C _'.r. .~o llJ --.,j ""'r, 4 ,,,t 3Ju tl1p (@rpQUU5"mourt of lIu5111ugtuu muuut!} J In the matter of the Audit of Account in Estate of GUISEPPE BERGERO, alias JOSEPH BERGERO,Deceased TO THE AUDITING JUDGE: No.63-,69-609 of ,19--.62..-,A. A. Enter'_----!my~'t__-----.....appearance for the Estate of 011i serpe Bergero,alias Joseph Bergero,Deceased. N.B.-Counsel shall,by separate paper,present a concise statement of each claim,with supporting calculation of any interest claimed.Objections to an account as filed,shall be concisely stated in a separate paper. Council suggesting proper distribution shall file a separate concise state- ment in that regard. No.63 - ,69 -609 of ,19~,A.A. In re Audit of Account in Estate of GUISEPPE BERGERO. alias JOSEPH BERGERO,Deceased. AUDIT I Jrarripr fnr Appraranrr FOR " c.",i'"l'"1 -0. ~_..- i Z""'--1 ill _rn~",rr1 --~;Xl :...-...-5----U Z07-;D;o'"....,...~ t)!",-,... o;i::;::o:r=--n,--Z :t>-~0•(f) -l= A.V.CAPANO Attorney .W'2 '-----------..-------;-----------------:--------------------- j IN THE COURT .OF COMMON PLEAS OF WASHINGTON COUNTY,PENN.A. ORPHANS'COURT DIVISION Deceased. JOSEPH BERGERO, 0 ,.. iI '.IN RE: 1•ESTATE OF',.",.. 0(GIUSEPPE BERGE;RO,a/k/a z ;0(>'.J>-III ZZ'1&1 CI. " ,) ".),,.,'.•~.'<,, '),.,,., ).. , )No.609 of 1969, ), )•. )." )!~. attorney is A.V.Capano.Mr.Capano? Bergero,'deceased.The Executor is A.V.'Capano and the TIME: zoI-ClZ XIII0( ~BEFORE: .,:u ii:I-III'0 ~APPEARANCES: ~c:l., J:..r- N iiiII:1&1l-n:oD- 1&1 ~THE COURT:,n::lo U .J 0( u ii:Il.o MR.CAPANO: HEARING ON AUDIT THE HONORABLE P.VINCENT MARINO, President Judge of.the said Cou It . A.V.CAPANO,ESQ.,of Donora,Pennsylvania representing the ,Accountant. Monday,December 8,1969,at 1:30 o'clock P.M.,EST. Number 609 of 1969,the estate of Giuseppe I must have left the papers downstairs.Your Honor,in this estate the only problem here for the Court in determination for setting a hearing,there is a claim for $1,500.O( presented by Mrs.Margaret Ruey of Donora and they are both here in Court present and a simple stat ement will oe enclosed.I have ,~:' no wav of knowinQ"'this is an allowable claim or not,and for what --------..---------;------,------,....----------------.------------' 2 type of services they were rendered.b'was going to ask the Court but they are here·now,to set this up for a hearing to determ ine whetherliers is an allowable claim or not.All other claims have bel n paiS.. 'fI"• THE-COURT:She is no't represented by 'counsel?f 11"•"~.L '..<~•_.r-•~•1f_ and we will try to fix a date for this?How is the n~me again? correct ? THE COURT: THE COURT:' Yes.sir. For nursing services. What is the nature of your claim? .. Will you folks c~me up,here fo~just~moment Ruey. And your claim is listed fo'r $1500.00.Is that ~. I don It know.They are here,both of them..(MR.CAP AND:z 0( ~>-enzz\&IDo io...~MR.CAPANO: J:en0(~ .... U II:..UIC~MR:;R UEN: u o~THE COURT: :tl-I'-, N MR.CAPANO: iiiII:~THE COURT:Care of the decedent?II:oII. \&I II:MR.CAPANO:Yes.....'.II::> 8 THE COURT:Well,those.of course,'follow the usual form . .J0( u ii:And I expect we would have to set up a separate date for a hearingII.o ,on that. MR.CAPANO:This is the notice I received that was sent to me by certified mai,I. THE COURT:This is the type of claim that would have to be . proved at a ~eparate hearing. MR.RUEY:'That is dated Decemb~F 1st.The letter is dated We did not receive that until December 1st.I wasNovember28. . ,:.',\.•..'. . I ~•.~,..~....- I I '..3 I deer hunting.So I just called Mr.Capano thisl morping:and fouria ,I , l' out'about the hearing.We had no chance to get a repres~ntatiqn 't ~r -.t T •of counsel. THE COURT:Yes.Well,itls the type of a hearing,,'Mr.Ruey, ~z'~ oJ>-IIIZ Z 1&1II. ZoI-el Z XIII~~ that you have to take testimony in and it takes considerable time. So we have to set a special date for that type of a hearing.Then, of;c:ourse,if you wish to get counsel in the interim,why,you are perfectly at liberty to do so.I would really advise you to get couns u. because itI S a technical thing to prove,and if you come in,without • ..:uitl-.!!!a oJ~ Uo ' :l... :tl-I'-N counsel,sometimes you're completely lost. (At the direction of the Court,off-the-record discussion was not recorded by the stenographer). notices for'another hearing.We will set this down for Tuesday, We have our Christmas Eve the 6th. inform your counsel if you get one and we wonIt need to send out Your Honor;our Christmas is Januafy 7th. Let's set that for a hearing now'and then you can MRS.RUEY: ~THE COURT: 1&1l-ll:oD., 1&1 Il: l-ll: :loU , oJ< U j;: lL.o'. THE COURT:,Don't you have several days in there? MRS.RUEY:After iis all right.But not before'. THE COURT:We'll change that then to try to accommodate yot. onthat.We have Friday,January 19,th at 10:00 o'clock A.M. ., .. .'4 . .not N~w we are/going to send any notices out oh this.You have been "informed about it now and that's when 'the hearing will be held. ,•~,........f 'II- MRS.RUEY:I understand and'we appreciate it.,,';rha,n]{·you. .\ "•THE COURT: Capano? Were there any other claims in this estate,Mr. The only heir,she's living iri France,it's.a sister. subject only to the disposition of the claim just adverted to..".. decedent's estate? .. NO;RESPONSE) I (AUDIT 'CLOSED) No,Your Honor.There are no other claims. ....,...' The audit of this account w~lLbe orderea closed, Is there anyone els e in Court intereste<i,in this ~MR.CAPANO: <>oJ>-IIIZ Z 11/II. .:'u it THE COURT:liiCi oJ<,'uo :l.., :z:.."N , THE COURT:i.'0l-e>z :rIII<~ above cause is hereby approv~d and directed to be filed~ .upon the hearing of theTheforegoingrecord:of the proceedi and that.this copy is ....~. I hereby certify that the,proceeC!ings and evidence are contained cause, aia::11/I-a::~fully and accurately in the notes taken by me,on the"hearing of the above II: I-a:: :loU oJ 0( U ii:II.o'. J./ ." ~..." '~,•.,r __..~;....'...._-'- in ,-.d ',I ~1.1.I 'It .."'."~1;r"'j'I .;l 'J.\."Il 1\"., "q~~\.~fj"l(a·~,YJ!.,....;~:t:~..L.:}~j,,.t: •I'. 1·...... l :1.,1 • :L,:.,;1.,,' ,".'j ,"..4.[,"~.~..t ..~v.:.,~~...J. 'l,J .I :'f .I ~:v "'., "•• .'"...',"..1 ) J,j,,J"'j ,'(',;.. I..','I j J'--'-'.',',t::t,'-".3 ';.tf; "', (;2f UJ -~-...;,. .L.~" .' tJ' df ,}I " ", .1 mnuuty, ESTATE OF aLnmt nf Qrnmmnu Jlrus nf lIusqiuglnu ':euusylttuuiu,(@rpqttus'<!ruurt Itiuisinu N 63-69-6090.__....:...::.-.:...:=---..:.._ j I I I ! Giuseppe Bergero a/k/a Joseph Bergero, deceased. In the matterofthe First and Final Account of A.V.Capano Executor ADJUDICATION AND DECREE And now '<7 ,197SL.-,this matter came on for hearing, audit and distribution at this session and testimo y taken;and thereupon,upon due consideration thereof the balance for distribution in the hands of the Accountant is determined to be $5,475.90 .and the account is accordingly confirmed;and it is ordered, adjudged and decreed that the said balance be paid out by the Accountant in accordance with the schedule of distribution hereto attached and made a part hereof,unless exceptions hereto be filed sec.reg.or an appeal be taken herefrom sec.leg.// SCHEDULE OF DISTRIBUTION Balance per account _ Additional credit asked at audit Balance:_ Deduct Clerk's Costs &Receipt~s--:an:::.::d:...;f:.:i::lin:.=.:.gg...:A:.:;d::alj~u=dJ.=·c:.:a:.:t=i~on:::..-__ Attomey__----:A~.•:....-.:.V..:.•...;C::,:a::lO:p:.=an:.:o.::...-_ 16.00 Margaret Ruey,(Paul A.Simmons,Esq.),claimant,as set out in Adjudication by the Court;,filed, R\l.&'sell Marino,Agent,transfer inheritance tax,$630.29 Interest from 7-20-70 to 9-21";70 6.41 Maria Lidia Enrico,sister,residue,1565.20 No balance .~..'" -, ~ 0 » ~ ..... fA'n ::J Z .).,o..~ ~ s '"'"9.,...:r 0 ~.at c CD ~ ::J 3 0 ... 0 0_.............. ~ i a ., t 0 tr ..... '"'" =: :r ,. (I) ta~ }1J ~~~ li .-., \- t • ,-. IN THE COURT OF COJ\/.OV[ON PLEAS OF WASHINGTON COUNTY I PENNA. ORPHANS'COURT DWISION In Re: Estate of GillSEPPE BERGERO I Deceased. ( ) f ) ( ) ( No.609 of 1969 ADJUDICATION Marino,J.J.une 8 ,1970. This claim is for services rendered the decedent for a period of time from August 19.67 to .jiugust 1968,and additionally from September l .'. J to..: 1968,to time of death:in April,1969.!The claimant;,Mrs.,Margaret Ruey, r f'.l t: is a Registered Nurse. It was testified-to by Elizabeth Orient and others that Mrs.Ruey, -I'oil I ',. performed services over .t9-e r::eriod I:9-entioned.She would not only perform t ,"~-• the functions of a nurse,but would also cook meals and prepare food,reduce it to semi-liquid state so that the patient could digest it.She washed and ironed his shirts and performed other tasks as needed. There is no doubt that claimant rendered compensable services to the decedent.As stated in Fondelier v.Riddle,152 Pa.Sup:;rior Ct.586 (1943)there exists a presumption that one will pay for services rendered and accepted.That presumption is overcome only 'where there is a relationship of parent and child:Tustin v.Isherwood,131 Pa.Superior Ct.522,530 (1938). There is no relationship in the case at bar. n, Where there is no definite contract of employment,a presumption of periodic payment exists.Such must be rebutted by evidence which is clear and convincing.Claimant contends that the evidence adduced in this case is sufficiently clear and convincing to show that she performed the services claimed to have been rendered and that there was no payment either periodic or otherwise.It is recalled that the witness,Mrs.Orient,testified that she had occasion to see and speak with decedent at least once a week over a long period of time,and almost up to the time of his death on April 27,1969. She stated that on many occasions the decedent expressed satisfaction with the work Mrs.Ruey was doing for him,and that "he thought the world of her". He often stated that he would take care of Margaret (Mrs.Ruey)and that he was going to pay her what it (her services)was worth.When estate counsel asked Mrs.Orient whether she knew if payment had not already been made, she answered it was very unlikely because decedent made similar remarks up to a few weeks before his death. On the point of adequate compensation,a great deal of testimon\ was introduced about attempts at compromise.We permitted such testimony at the time as no objection was made by either counsel.But efforts at compromise are not prop~rly ;i°dmissible and we ~6.ri.ot.q6w·consider any of such testimony.As stated in Durant v.McKelvey,187 Pa.Superior Ct.461, 463 (1958):!lIt has l~ngbeen ,established in this Commonwealth that an offer to compromise a claim,not accepted,cSlnnot be introduced into evidence by...,. the plaintiff.The reason for this rule was stated early in the case of Slocum v.Perkins,3 S.&R.295 (1817)."See also Folkv..8chaeffer,180 Pa.613 (l897);Woldow v•Dever,374 Pa.370 (1953). The Court has given the matter of the value of services render~d full consideration.There were facts and circumstances adduced which could -2- .' " , reasonably lead to the inference that the claimant performed the many services for which she desir,es ,to oe compensated:However,the testimony is not sufficiently clear and precis~.as to,the length of time reasonably required to ,•>,•~r ~ perform each of these services,nor of the exact value ot'each type of service performed.For instance,it is no more valuable to have meals prepared and served by a registered nurse than by less costly labor,nor for washing and ironing men's clothing,nor for cleaning floors,etc.We must also rememben that the claimant lived close at hand,had no travelling expenses,was not on a specific or regular schedule,and undoubtedly had time for other work and employment contemporaneously with that involved here•. Claimant performed some services each week for a period (not consecutive)of about 80 weeks.We feel that proper compensation for all services performed for this decedent by the claimant is of the value of $1250.and an award is made to claimant,Margaret Ruey,in said amount. y ti:1e-e&urt, 1 -3- " .-'\ IN THE COUR T OF COMMON PL~AS OF WASHIN;G~ON,COD.NT):,.PEN~J.'.~ •.to.J.. ORPHANS'COURT DIVISION ,i JOSEPH BERGERO, j'• " No.609 of 1969 ) )-; ) ) ) ) ) ) .) HEARING'ON MATTER OF CLAIM ESTATE OF IN RE: .( ~GIUSEPPE BERGERO,a/k/a~>-III Z ZIIIlL ~Deceased. I-ClZ :J: III~~ l';..'.-""1" :-'~ , I •I, • ..:oii:ti 'BEFORE:a .I~oa ::J~APPEARANCES:I-,... C\I THE HONORABLE P.VINCENT MARINO, Judge of the said Court. A.V.CAPANO,ESQ.,of Donora,Penna., repres enting the Accountant. iiill:III l-ll:olLIIIIt ~. ::J.0U .I 0( ~TIME:' lI.o PA UL A,.SIMMONS,ESQ.,of Monongahela, Penna.,re presenting the c;laimant,Margaret Ruey. Thursday,_Januar'y 22,1970,.at 2:30 o'clock P.1\~L;EST. ·,i ,. I·N D E X. ," ,. WITNESS-Direct RJdirect t\." Recross; HARRY RUEY .1 ...9 ..".' '.:.11 12 THERESA s)A~NGHRZ 17 ELI~ABETH ORIENT.14-•0( Z0(>.J>-IIIZZ\&III. i 0I"-0Z :rIII 0( 3 <:"~..:0 ll:I"-IIIa•.J0( ~C :J., XI-"N iiill:\&I l"-ll:0II. \&I ll: l"-ll::J0U .J0( 0ii:lI.0 SOPHIE KAIFES .- .. 21 16 $• "~~~..20 '-•§~•. ,..24 . i' #.• 3 'THE COURT:Gentlemen~the Court is ready to hear the claim of Margaret Ruey in the estate of Giuseppe'Bergero at Number 609 of 1969.' .'MR.SIMMONS:I am representing Mrs.Margaret Ruey,the elaimant~Your Honor. 0( ~'THE COURT: ~)0' ~MR.SIMMONS:zIIIII. You may presen~your witnesses. Mr.Ruey~will you take the stand please? we have no way of.in any way checking and determining whether and the amounts for the service and type of services rendered.We these ar e legitimate claims or not. Your Honor,before we get into any testimony~ We are going to present,Your Honor,to we were presented with a flat bill of $1500.00,which I have a copy here sent to me by certified maii.We would like at this time to rece ve are.in the dark,we Ire operating completely in the dark here and from.the claimant an,itemized s,tatement showing dates and soforth was another bill for $2500.00 sent and Mr.Capano felt that was too substantiate everything day by day~sir.In addition"I think there CAPANO: SIMMONS:, iii0:,Ill I-0:oII.III0: ,It MR. :JoU oJ0( uii:...o .... !:!0:I-UI Q oJ0( 'uo:J.., :tI-....C\I • much. MR.CAPANO:, , ~-.>Let IS no~make any statements to which I have ,\," no knowledge. .. MR.SIMMONS:That is my unde~standi.rg.Thatiswhat Mr.Rue;) f '.. • t ~..'is williI}g to testify to. .," • I •. Harry Ruey 4 MR.RUEY: 0"1- Mr.Capano "brough't th~t,to my office,and_~aic, "Harry"this is 'too much money.You'll never get it." MR.SIMMON9: THE COURT: Let "s get him sworn,here first. The Court will hear the testimony of th,e•< Z0<>oJ>-IIIZ ZIIIII. i0~ClZ x -III0<~ claimant and we will determine whether or not a more specific claim should·be made as we hear the testimony.";'(. HARRY RUEY IS CALLED AND 'SWORN. DIRECT EXAMINATION BY MR.SIMMONS: .- • t-=~Q ~III.~A '0<ogQ.., :tI- :;A iiiII:~QII:oII.IIIII: ~a::J8 A oJ0< o Qb: II.o A Would you please,for the Court's benefit,state your full name,sir? Harry Ruey. Where do you res ide? 551 McCrea Avenue. Are you in any way related to the claimant in this case,Margaret Ruey? She fs my wife. Now during his lifetime,were you in any way {:lc,quainted with Giuser pe Bergero? Very well. Q Did he live---in what proximity to your )J.ousE1? A He lived nextdoor. Q Would you tell us the town he lived in?.'. A Donora"Pennsylvania. ,',I , 'HarrY Ruey 5 1967 . or what was his situation as far as you observed him? in 1967",if you.know? From what"he-can see.Thes e are obvious things that he is going "J. .~, I object. What did he have in him MR.CAPANO: to talk about"not a medical diagnosis. Yes. Well,he became,ill around June and he was in the 'hospital. Mr ..Ruey".ifyou know,could you tell us what ,Mr.Bergero's condit'on Approximately the last week of Al:lgust,around the·first·week of 't'~,!' Now do you recall at or ab?ut what time that Mr.Bergero became ill ?, He wasin'the hospital. Of what year was this? And you'say he was in the hospital? I not only observed;ll he told me himself he had to be fed through l"T ,. September. , was when he came from the hospital in Augus_t or September of 1967 ,Of 1967? •'.•~••I>'to '!I'~..,{..':~....•::i'"~.All rlg~t.,Could you tell us..when he oro,ughly cC!:me out of the hosP1taf ..i .~:.•,'"~1j '\~.~•'It'-:..~•• . Q'. A Q A Q ~Az 0(>oJ~Q,zZ 1&1II. i0I-~A:rUI0(~ '..:uii:QI-UI aoJA~u0~Q :t.......N uill: 1&1l-ll: 0II.1&1 It Qij I-"ll:::>0uoJ 0( u ii:Il. 0 A • • a tube. MR.CAPANO:He is tes tifying from what stateme.nts'he received.We will admit he was a sick man ·,f.:.':;when he came out of the hospital. Q Gould you tell us hoW-he had to be fed according,to your observation. '" CC--.--c--------- Harry Ruey as you watched as.a nextdoo r neighbor? A ,He hacI to be fed through t~is tube.His food had to be special foods Registered nurse. type of training hasyour wife had? A registerea nurse? in order to go through the tube and all. "t-t• I assume that you are~,, -, referring to the -illness in r 67 . ~ MR.CAPANO: 'Xes,I did. feeding him through this tube? to change his dressing three times a week. Well,she had to occasionally wash his clothes.And then she had Now gould you tell us about the formal training of your wife,wha t Beginning in '67,when he came from the hospital.What else had .. Did you ever observe your wife feeding him with this tube? Now how m,any times would she feed him 'a day,Mr.Ruey,-accordin! to be done by your w jfe in addition to this mixing the food up and ,,t"~'* She changed his dressing three times a week? That's right.And she had to watch the tube carefully too. She's a registered nurse.She'.s been a nurse now since 1937. , Q A <z<>oJ>-IIIZZ1&1 QlL i 0I-0Z XIII<~ t-=~Aa::f-III Q oJ~ugQ... %I-~A iii0:~Q 0:0lL1&10:. l-ll: ::JSA oJ< .§Q.......0 A Q • to your observations? A Twice a day. ,Q She changed the dressing three times a week? A That's right. Harry Ruey 7' Could you tell us for this period starting 'in the first week in Septemt er I .or the last week in'August of '67J how long did your,wife continue these treatments"in this period of Mr.Bergero's sickness? You mean the over-all period? •I '.',roO I!'..;,""'. Yes.'The over-all period or i{~heJ;'e:was,any gaps <in i.ttwouldyou 1'"1""• ,. ,,period? take up to the first gap and then tell me after tha t was there a s econ< "...'j.,..}:. WellJ approximately 80 weeks all togetherJ•b,ut there was 'one ga'p of about one 'month there he was re-hospitalized., Tell us the month he was re-hospitalized. That was about the month of August of 1968. He was in the hospital for one month? Yes. She treated him for 80 weeks all together? That's rightJ approximately 80 weeks.It could have been a few mor e too.. But you know ~or certain it was 80 weeks? That IS right. Now in your presence;,did you ever hear a conversation between the deceasedJ Mr.Bergero,and your wif.e in your presence as to this work that she was doing? A Yes.He appreciated very much what she was doing and he satd]~ "Margaret,I'll pay what the work is worth.II MR.CAPANO:I object;hearsay. Harry Ruey 8 I I .,, ~,.,,. ,' THE COURT:' ,Exception noted. The objection is sustainec . Q Your ~onor;l it would not be hearsay in this case,would it?I mean first the circumstances so w,e can determine. Because he's not the claimant.His wife is the claimant.The Dead Rule too because he's testifyigg t.o something here that--- Man's Rule,Your Honor,would not bar Mr.Ruey.Is that not true? at this time as to co"r:wersration between the decedent and , this witness's wife. • • ~Z0<>~QIIIZZ1&1II. ZoI-ClZ :z:Ill. ;Q ..,:u ii:I-'Ill jj .I0< U jj :I.., :z:l-I'-til he's not--- ,He can testify to ,that. MR.CAPANO: MR.CAPANO: THE COURT: .And under the Dead Man'E You will have to establish We,will sustain the object"on Well,no.Her services never are free.She intended to get paid, Now if you'know,Mr~Ruey,can you tell us whether or not your Wifl !.r intended to render thes e services freely or/did S~$i~tepd'to,.get .......f'• vi~QII:oII. \IIII: l-II::IoU .J 0( §'AII.II.o paid for them,if you know?. t "I .",,- which he liad promised to pay.He told her he was going to pay what it's worth. Q That's all,Mr.Ruey. --- Harry Ruey 9 CROSS EXAMINATION BY MR.CAPANO: Q Mr.Ruey,you say he was hospitalized in August of 1967 or he came ~.t ' out~--he was hqspitalized in aroun-d 8;bout June and came out in about •A August oC1967.Is that what you said? No.I said he was first---he came out of the.hospital approximately ..: z..:.>~QIIIzz1&1II. the last'week of August or the first week of September in 167 . And he had been hos pitalized previous to that a couple monthsl more or l~ss. A I would 'say so. A He was hos pitalized.after,that too. " .. :" t " .<, ,. That was the last time he wasli.ospitalized:?: Well,he 'went in to get a new tobe inthat second,time as far as I know .. A Q Q What is,the answer?I didn't hear it...;; A A I would say approximately right before.Labor Day . hospi'taliz~d,was in August of 1968. Q Welll we understand that.Now the second time you say he was re- Q'Thos e are the only two dates he was hos pitalized? Q But you say he was hospitalized in August of 1968 the second time? ·z0I-~Z :t III..:~ ~u ii:I-.1Il•C oJ..: u '0 .:1., :t...,... N 'iii 0: 1&1I-0: 0II.1&10: I-0: :I0U oJ..:0i&:...0 e A August,'68?Yes.To my knowledge. Q •e ,'"~ Yo~made a statement as to promises.By whom.~as.tl1.is promise made? ,•Ij;/'"'• A As to promise?Mr.Bergero made a promise to my wife. Harry Ruey Q Where was the promis e made? A At,the hous e. 10 • Q A Q <Az0(>.J>-IIIZz~Q io~Az :J:III 0( ~ Where? At Mr.Bergero's home. ,In whos e pres ence·? I was present one time when he made that remark and there was probably othe l'people too • Who are the other people?. There's Mrs.Sanchez,Mrs.,.Orient.i He'ma(:ie 'statements in front.'..,~ 'of them to the same effect that he was going to rt~ke,care of Margaret. .~I ,.~r.Ruey,you were familiar with Mr.Berg~rq-~-or}et.me as~,you this question firs't-7 -you yourself performed s orne duties or some errands for Mr.Bergero. • t-=u it...III~Q 0( uo:>.., x..r- N pay her what it was worth.'.j ..I' Q You were familiar with his:checking account,I mean his bank accour,~? A I wasn't;my wife was. Q Okay.Thank you.·That's all. Harry Ruey REDIRECT EXAMINATION BY MR.SIMMONS: ,1 11 Capano in regard to this matter? Q Mr.RueYI to your knowledgel did you ever submit a bill to Mr. .' • .'. Q ~Az~oJ~Q! ZZ III Do ioI-~A J:UI~~ .:ua:Iii15 oJ~.~a:l.., x'l-I'N iiilI:IIIl-ll:oQ....a: l-ll::lo U oJ< u'iL Q,l&.o Yesl I did. What was your first bill that you submitted?. $2500.00.,'. And then would youtell us the (circumstances of submitting the secon bill that Mr.,Cap9-no s poke of earHer in the hearing? k'bout s eve::ral days after he received the letter he came over to my office.I'm right across the street from Mr.Capano..,And he brought the letter in.He says."Harry,this is going to be hard to get you $2500.00.That's too much money.11 This and that."You better cut it down:"So I sent him a registered return receipt letter .. for $1500.OO~I though~.well,I figured the man was dead.rather 'than go for what all my wife was entitled t~,I'd just settle to help the estate out;~JTIake it easy on the estate,I'd make the bill out for $1500.00. In other words,you weren't anxious to gouge the estate . I I A That's right. I • 'i t •~~e, •t,., ..,•~-~. " .- '""~.------,-----~-----------------,------------~------------- Harrv Ruev RECROSS EXAMINATION BY MR.CAPANO: Q Mr.Ruey..how did you send that $2500.0.0 bill to me? A Well",I'll grant you"Mr.Capano"I did not send it registered"whic I made a mistake"but the second letter I made sure. 1') Q I'm not talking when I received this letter,the one of $1500.00.by A Mr.Capano"I'm .under oath.And I stated that you got that letter -•~z0(>oJ>-IIIZZI&lII. i0I-ClZ XIII-0( ~ Q A Do you have reference to or~l c(;mversations that Y0]J.and I had?,.•;,.,I '.• After you received the lett.,~r?yes...~. certified mail.I'm taiking about the one you inade''m~hti6n awhile ago of $2500.00. • "..:,U itt-III Ci oJ0( 0Ci:l Q., J:l-I' til A iiill:I&l Ql-ll:0II.I&l AII: l-ll: ::l:0 Qu oJ0( U i&: ll. 0 A Q for·$2500.00 ,because you brought it in my office and showed it to mE right in the offic e. 'Wait.Answer the question.Did you send it to me by written notice? I sent you a typed letter through the mail.I sent it.to you. For $2500.00? Right. Mr.Ruey"isn't it a fact that the only time you sent me any notice was this one right here for $1500.00? ,That's not a fact,Mr.Capano. Mr.Ruey,isn't it a fact that the only conver?ations.we had were oral conversations before you sent this to me?. A No,absolutely. Q Isn't it a fact,Mr.Ruey,that you said the first time I talked to you about this that you were going to ask for $'500.00?·~ Harry Ruey 13. A Mr.Gapano---- Q Answer the ques tion.Yes or no?, A ,.",I might have made that s~atement.I was going .to ask,.but in writing •Q you got ~t for $2500.00 . I'ni asking you,isn't it a fact that orally you'and I discussed it your answer.That wop1d be th~way to'do :,it .. in your office and you said you we re going 'to ask for $500.00 the first time that 'you ever spoketo me about this,?.. MR.SIMMONS: " Say yes or no and explain... ,., ."Am I allowed to ask a question?.. < Z~:i>-UlZz~A ioI-.~ :z: Ul<~. • ..:U A 0::I-UI~Q <u Q A:l., :t..~Q Yes.we did discuss it.Like you sai?'$500.00.. .~'.,"-~ I 'didn't say.I said what you said . That's right. And,the,second time you talked to me about it,before you sent this iii~letter t0ne,you said you thought you ought to have $1,000.00. ~.a.~A The second time,Mr.Capano,I sent you a letter for $2500.00. I-0::8 Q Mr.Ruey,the second oral ~onversation,Iwant an answer to this .J~ U question---isn't it a fact that you said that you thought it ought to beii:II.o $1,000.00 ? A 'No.I sent you a note for $2500.00. Q Isn't it a fact you never sent me a 250r discussed the $2500.00 bill with me? A I did. Q You say now thatyou did? A Q .Harry Ruey I!m under oath and I sweat I did. I'm not saying yout~T~under oath or anything.I know what conver- 14 (Witness excused). sations yo.u had with me. •MR.SIMMONS:All right'now.We would like to ask Mrs.Oriept to take the stand please.~(Z 0<.>..J>-UIZZ11/A- io ""~ELIZABETH ORIENT IS CALLED AND SWORN. :rUI ;DIRECT EXAMINATION BY MR.SIMMONS: Will you please give us your full name? Elizabeth Cameron Orient. Mrs.Orient,do you have a.place ,of business in Donot'a?..~..;,..~..'....,. Yes. '<' Could you tell us where you reside and where is~your'place of b,usin ss in Donora? 107 Castner Avenue. Over the yearsl Mrs.Orientl did you have occasion to know Giuse~pe _~r Be::i7gero? Yesl very well. Could you tell us how you happened to know hi,m very well over the years? A Wel!l he was a customerin the place.And I would-say after his firs illness that he at least came in every Saturday night once a week. )Eliz~beth Orient 15 .. Q Came-every Saturday once a week? A Yes. Q Now in order to earmark the time~could you tell us as near as you . can recollect when his first illness started as far as you can recall ? and that was on a Saturday night and as near.q.s I can recall~June 3rd~ \. around June 3rd. as you can? :j When? ,'. , ·What year? MR.CAPANO: THE COURT: Yes. That was in 1967.- Now could you tell us~can you recall when he was again hospitalize( date. I said it was either towards the end of August that he was dischargee "or the beginning of September~I'm not quite sure about the exact. ..-f ••i ~ of September. Can you ·recall when he was discharged from the lDspital,as near Well~it was~I would say either the end of August or the beginning Taken to the hos pitai? have him~you know--- Taken to the hospit?-l.So we called .the ambulance and he was taken and Dr.Rongaus said t!='get an ambulance"and,to have---he would 'He took'ill in my place that night~and I ins.isted on calling a doctor.-•A ~Z0<>.I>-IIIZZ1&1~Qz 0I- el Az :rIII0<~ t-=.u~I-III ·0 Q•.J0< U 0 :J.., .%I-r-AN iiill:1&1l-ll:0n.1&1 ll: l-ll: :J0 Au .I0< U ii:... 0 'e Q A ,Q after that? ------------c..--------- Elizabeth Orient A Well~I thiDk he 'went in for one month in about the beginning of AUgUE t or Se ptember in 1968. Q Now I think you testified that he would come down to your restaurant JIillilring the course of this time~did he ever expre.ss any opinion as to 'I what his relationship wa's with Mrs.Ruey?, Very good.He thought the world of her and he .w:as quite confidential t with me.And he also said to me that he would take care of Margaret He mentioned that quite often. 16 He would take care of Margaret.And tba t he was going to pay her fOl• MR.CAPANO:.What was that? what it was worth.Many is the time he mentioned that same thing to me. And you didn't solicit this.He just told you? No~he told me,he was confidential,with me. And you'saw him many many times as you scUd over the two years? Yes ~Every Saturday night. Your witnesslc Mr.'Capano. CROSS EXAMINATION BY MR.CAPANO: Q From your own personal knowledge~you don't know whether he did or did not take care of Margaret?, !-'---------1t----:-----------,-------.:...--------------......+--- ,, Elizabeth Orient A No,,but I don't think he could have beca~se he was saying that right ··up until he got ill a few weeks before he died. 17 • Q A Mrs.Orient,are you sure he was re-hos pitalized in ~ugust of 19687 He went in for one "month and as close as I can recall that was the date. Was that his last hos pitalization 7 As far as I know,yes. ," You are sure it was August,19687 Yes. Okay.That's all • • ..=u ,it (Witness excused). t-UI Ci ""oCt UCi:J~, :I:~; "N THERESA SANCHEZ IS CALLED AND SWORN'. iii0:~DIRECT EXAMrNATION BY MR.SIMMONS: o0.I&l~.Q Give us your name please. 0: :J 8 A 'Ih('f~s:;l.Lombardo Sanchez. ""<u~Q Do you reside at what address 7 o A 539 McCrea Avenue. Q What town is that"7 A .Donora. Q Now do you live or did you live close or nearby Giuseppe Bergero during his lifetime 7 A Two doors away. 'c.t ..'18 ., Q. A Q . A,•Q ~z0(> ,.oJ >I A1/1ZZ11/~Qz 0I-~Ax 1/10(~Q ..=!:!ll:I-1/1C•oJ0( Uc;A :r:l-I'N uill:11/l-ll:0II.11/ ll: l-ll: :J.00 oJ~,u.ii:Q lI.0 e A Q A Q A I And did you also know Mrs!.Margaret Ruey? Yes. How far does she live from you? Three doors away. Now going back to 1967~did you know Mr.Bergero during that period of time? Yes:,I did. Did youknqw Mrs.Ruey too? Yes~I did. Could you describe of your own knowledge what the relationship was between Mrs.Ruey and Mr.;'Bergero during this period of time~" ..:~-,~"-...say from 1967~August,mitil the,date of,his,death5inApril of'19~9? •,r'i},-.a-~.. •:,. I can tell you it was very good because many tim~s.she would come over to get me to help her to do something ~ith hi~.;Or else wh~n'., he was in the hos pital I went to see him and he-,asked us to go in his,,.., house and go into the pocket s and he needed a little bit of money or something.c\r.0r else go get him pajamas or shirts to'come home win . What did you observe:'that Mrs.Ruey did for Mr.Bergero during the period of time we have described? She fed him everyday. Would you tell us how many times a day she'd feed him? ~.-.. Twice. Did she have to go to any speCial preparation for this? Yes.He couldn't eat solid foods.Everything had to be broken down ;'_Theresa Sanchez a~d 900ked and wate red downJ very fine liquids. That was twtce a day for that? Yes. Did she,do anything els e for him? You mean during that day? Yes. WellJ she could if he asked her to cle'an'or somethingJ _she would. Or maybe wash a shirt or something if he needed clean clothes.AI d then two time~a 'week or thre~times aweek I?he changed dressings. What did you observe had to be changed as far as you could see? He-wouldn't let us see.He was ashamed of it. You knew she would do this work? YesJ he would pointJ hold it. As to what had to be dressed? Yes. Now you have heard testimony of Mrs.Orient arid Mr.Ruey about tr e 19 ,,,'time.Would you say they 'w"ere,correct roughly in ,the time they des(ribed? t r:~f ""...•I ,~.;'i.t ~..'... ~...~.'j Yes. From August of 1967 to August of 168 and then from September of.. 168 to April of '69"the last of April? Yes. .•., ",~ ~\\,.•- Do you remember.the date of Mr.Bergero's death? It was Ap:d127th. 1969 ? ,~!,.. ,~ ';1 \ ;. ", • '~ Theresa'Sanchez.' A Yes"~ !Q Your witness. ,, CROSS EXAMINATION BY MR.CAPANO: ·k ')0 • • ~Q ~>...I>-IIIZ Z'III lI, i0I-CJ .;A .xIIIoC~Q ..:uii:AI-IIIi5 ...I oC0 0:>.., :tl-I'NQ ..uill:IIIl-ll:0II.IIIll:A l-ll::>o·uQ ....1~ ~Al&.0 Q , A .Q A Q •IMrs.Sanchezl as to·tre serv,ices that Mrs.Ru.eYTe,rid~r·edl you.said changing dressings and was1iiJh;g~someclOthes (or himl were you present for all of.these services 7 No.He wouldn't let .anyone watch.He would just nold:: ~('t--·'<. What you are testifying is to what you were told by someone else.' No.By him.He would saYI "Margaretl ~needs changed."He didn't talk very good English.,"Margaretl needs changed,"or:samethigg like that.Her d point. And the services which you say were rendered we re rendered in '67 and '687, Yes. No services were rendered in '697 Yes..Up until April when he passed awa;y. You say there were services ren'd~red in"Aprill 1969? Yes.He pa$sed away towa~ds the end of the month. And the last time you.say he was in the"hospital was in August of 19687 Yes. 'You are sure of that date 7 Theresa Sanchez 21 A .It was the month of August.I can't tell you exactly what day !J-e c,ame in and what day he came out because we went up to see him • Mrs.Ruey did handle financial matters for him? Thank you. Who actually took the money out of his pocket? She did.Margaret Ruey did. That was the only one 1 saw. _in there. 'Who did y:ou sayjwep.t intbJ the pockets to tta'ke:money out of his ~pocke s?..\ ,We both went together.He wanted a $20.00 bill and that's all he had . ",.Q A-• 0(Q'z \, 0(>~AII)zZ\&I~Qz0l-e>A,Z :t II) 0(..-:=Q (Witness excused). ..:!:!1I: l-II) ii ..I, ~uii :J., %l-I' ('4 SOPHIE KAIFES IS CALLED AND SWORN. DIRECT EXAMINATION BY MR.SIMMONS: iii0::\&Il-ll:o0-III 0::Q l-ll: :J8 A ..I0( Ii Qii: II.o Mrs.Kaifes~would you please state your full name? Sophie Gronsky Kaifes . Would you tell'us where you reside? A I live--my address is Belle Vernon,R.D.3. Q Could you tell us what your p!l."ofession is? A I'manR.N. Q Would you,for the sake of the record"tell us what an R.N.is? A Registered Nurse~ Q Are you licensed ~nder the Commonwealth of Pennsylvania as a -----'------..-----;---------------------:------:----:-------------~ ..- • • Sophie Kaifes registered nurs~? Where did you take your studies? I graduated fro'm Mercy School.of Nursing in Pittsburgh• How long haveyou been a nurse"Mrs.Kaifes? Now you heard testimony here today that Mr.Bergero had a tube; technically,what did he have t~ere that had to go th~o~gh a tube? It's a gastrostomy tube.'It's inserted directly into the stomach. Could you tell 'us whether there is any s'pecial skill necessary for persons who have to'qare for a patient who-has a gastrostomy tube? Yes.Your feeding has to be of a certain---what should I say---it can't be too thick or too thin.And you have to use almost a whole..~. ste't-ile .technique'when you're putting this food in.Everything has to be clean.And·you can't put :ii1i in with too great a force beca~se ..~.;.., it can come back out.And if there are any dres~ings 'around or '.•.,(-!j" about this area"you have to be careful that you.don't contaminate 22 the tube. , •'! .f ! You also heard t,estimony about the fact that Mrs;Ruey dressed this area.Wou~d you tell us about ~hat?.,.' Well,she would have to be careful of all the dressings that were USE d, to.I?ake sure that they were discarded right.And she had to protect herself too because if,there was any type of-pussy drainage,she could probably contaminate her whole family ahd contaminate anothE r Soohie Kaifes part of the patient. Q Now would you say that this;type ,of operation ':¥ould have~to be done 23 .,-" by a registered nurse or could ifbe done by:~lay person? ,~••4 +~'li ~J •., •A .,No"I don't think a lay pe~son could do it. It'wQuld have to be done by a registered nUl-'se? ,Yes.It would ha ve to be a registered nurse. Do you know Mrs.Ruey? Yes,I'do. Is she ,a registered nurse? "i. , I " , ;, ,.~ ,-I 1 • Yes,she's a very good nurse.. Now I think the testimony was here that he had to be fed twice a day and dressed three times a week.Would you tell us about what " would be a fair and reasonable charge for each one of thes e operatio IS, each feeding and ,each dressing? About$4000J Because actually,whenever a nurse goes into a home there she,does more than a doctor does,She makes the patient com ,. fortable.Now in my wo.rk,when I usually go in a home like that, you see that they are clean;if ,they are dirty you bathe them;you do all the dressings;you do the feeding;arid ifyou are only there an houY> ,or hour and a half,you accomplish a lot.I certainly think that $4,00 wasn't to?much money. Q Fair and rea'sonable? A Very.reasonable. Q Without a registered nur-s-e,'Mr.Bergero would not have been able 0 -------------.,--------,---------------------------------~--- sii;l:rvive? ;.;I;.!Sophie Kaifes A I don't think so.Thwouldn't have survived as long as he did.He probably would have survived for a certa~nperiod of time,but I 24 .., .'.".I .'!, .......I ,.. "•'];",,, .', ..,That's all. don't think he would have lived,as long as he did. t .~ Q 0( z0(~. >-Ul ZZIII II.CROSS EXAMINATION BY MR:CAPANO:'i.o~.~Q You said $4.00.That's for each visit? :J:Ul~A Y~es • .'.., I . "• • ..:~Q Iii Q .J A0( o Ci ::Q :tI-.... 1\1 Did you yours elf know Mr.Bergero? No,1 did not. You never examined or were familiar yours,elf with his personal condition? iiiII:~A'11:oII.IIIII: ~II: :I8 Q .J0( oi.:lLo No.But I've taken care of a lot of people that have had this type of surgery. Thank you • '(Witness excused). MR.SIMMONS:That's our case,Your Honor.Except we have a letter here from Dr.Rongaus and'I don't'know whether-- MR.CAPANO:PH not agree unless 1 have an opportunity--- MR.SIMMONS:I'd like you to read the letter and we'd like tc, present it for what it's worth. MR.SIMMONS:He couldn't come over today;he had other 25 matters to,tend to. MR.CAPANO:I would like to have---I cannot admit it unless I have an opportunity of cross 'examining. •MR.SIMMONS: THE COURT: We'd like to present this to the Judge. The contents of the letter cannot be considerec by the Court unless the physician is present for cJ;'oss'examination. ,'is'a flat charge here of $1500.'00~,'"fhe bill sUbm~tted,to me which We will stand on that.sir.That Your Honor.again I would like to repeat,ther~ Yes.sir. 'is our case.sir.io•I-•~MR. :rIII0(~ 0( z 0(~~MR.SIMMONS:zz'1&1a. I I present to the Court.I have.no i'temized·sta:tem~nt.I have',~o way' of checking as to the number of visits made by the,elaimant and.as, \ to the times.I have alreaay noted from soine bill~.I have l,lefe and I don't have them all here,I have most of them',at hom'e;hiere seem:; <j.,"t"..," to be a discrepancy in time. raise this.he has to do.it by witnesses,Your Honor;.not by argumentation. iiill:1&1l-ll:oa.III ll:MR.SIMMONS: l-,ll: :loU -oJ 0( uii:...o We object to this,.If Mr.Capano wants to MR.CAPANO:I intend to,but I haq no advance notice.I had no way of knowing what to be prepared here because you had not submitted me a statement.Two days ago I had a discussion with Mr Ruey and h~was reluctant to release the name of his'attorney and I had no contact with you until la~t nighL And the reason I didn't want to press him,I wanted to get the name of the attorney so we Ir-------,t-------------------------:----t--- "....... 26 could have some of this stuff gOr1e":into and t;agre~d upon.And so I would know how to prepare for this claim. •"'''1 •MR ..;SIMMONS:Your Honor,we'd like to say this for the record:.thatit is abundantly clear th!3-t this lady is a registerednur~E ; just a matter of multiplication. 80 weeks.It's,very easy to figure out.There's no problem.It's' at $4.00~which is a very nominal charge~is $68.00 a week,times This isn't the only point involved,as you know twice a day;she dressed him at least three times a week,17 visits '. that a person has to eat at least twice a day;that she fed the man ~z~'~>-III.·zZIII1I. ZoI-Clzi~"~MR.,CAPANO: ..:ua: 1-'III C...~o C :J-. Xl-I'N I am not questioning the fact,Your Honor,th'at Mrs.,Ruey took car~.went to see ..c,Mr.Bergero,.that she did render medical ser- vices,and this I am not actually questioning.'I am questioning as to whether or not there was any agreement between them as to when iiia:IIII-a:o1I.1&1a: I-a: :Jo.0...~oii:...o the services w~re rendered:I may have to question that after 1,,.. .,.;.. check it against the hospital records as (to.dates that he was in the hospital because she was not his private nurse in the hospitalL. -;.j:., She was only at his home.And I want an ·itemized account here c.s~o ~that I cart'judge'whether'or not or deterniitte ;v,he~her.th-esecb~rges are the datE:sshe rendered s ervices . THE COURT:The objection of counsel is overruled.We'ha e customarily and traditionally considered 'claims against decedents I estates for services rendered without an itemization of the services rendered.As far as I know,there is no .Appellate Court case tha t sates . • • .. • 0( I Z0(~>-,~ Z \&III. ioI-ClZ XIII0( ~ ..=U'itI-IIIi5 oJ0( ui5 :J... X.."til via:\&II-a:o0.\&Ia: I-a: :JoU oJ0( U~.o 2.7 that you,have to itemize those seryices.And we have continually, heard claims in this Court where the claim is for'servic'es rendered ,'.0' to a decedent without breaking the claim down at all.Whether Or not •+•t that is'proper,an Appellate Court will have to rule on that atsome,~"./ ....;~~'.',I future time.But we have done it in the past here in hundreds of "t'..'.cases. Now I feel as counsel has stated that he is at a disadvantag~ by not knowing the various items that are claimed in that bulk claim, But I think that.we will ,continue to follow the cus~om that we have in this Eourfor'hearing the claimant's testimony"But I believe that in a case such as'this where you hear the claimant's testimony,alth<ugh in the past I ,cannot recolleCt a single'cas e where the a ttorney for the estate wished an itemization of the claim;I still feel that he is ,entitled to that and he gets it When the testimony is placed in the evidepce such as we have today.That is as close'as you can itemize it.If counsel for the estate desires additional time to check into those matters and wants a further hearing in it,if he feels that he,'s been disadvantaged in any manner by the way thatthat has been .. presented,and he hasn't had an opportunity to present testimony that he wants to,we will give counsel an opportunity to investigate the matter and have a"further hearing if that is requested.But I don't think that we are going to go into the custom if you want to call it tha t,of requiring the claimant to itemize these things where it's " the Court for additional time. a claim for services rendered to the decedent.We have never done 'it in the past.However"if counsel desires additional time to check ,.-, ,. Under the circumstances,1 think I shall ask Your Honor,I could not be here on the 5th, As far as I know now,I'd say yes.That's All right.I would like"if possible,to fix As near as possible to February 5th.Fact exactly two weeks . of the matter is,1 can hear it on Thursday,February 5th,would be sir.I am in Pittsburgh on the 5th.If I could have it any time,the to give you an opportunity to look into these :r:natters ?,. .-. out.Do you feel"Mr.Capano,that about two ,\;Veeks is'enbug~'itime what day it's going to be heard.And we won't need to send notices in presenting testimony to the contrary of what has been presented, the time for that'hearing.pr~sentlyso ~hat ev.erYo,ne ,here will know, a hearing if he asks for one. we will give counsel additional tirrie and we will honor his request fo ,'~"uff,icient time.Let's see,that would be---- ,the matters thoroughly"if he thinks he is prejudiced in any way, MR.SIMMONS: MR .CAPANO: MR.CAPANO: THE COURT: THE COURT: " I I '. I ~;. . ",;•0( z0(>.I>-UIZZ1&1D. i 0.-I-elZ :J: UI·0( ~ ..:u·ll:·I-UIi5•.I~ui5:>., :tl-t-"-,iiill:1&1l-ll:0D.1&1 ll: t l-ll::>.0U '.I,< ,U.ii:,II. 0• n~xt week,sir,like the following Monday would probably be all rigb or Tuesday,like the 10th of February,preferably in the afternoon jUke you are having it now. THE COURT:We can make it on Monday in the afternoon. '---------------"'--------------~-----~--------_.---- 29 .\i... Most counsel are present on Monday anyhow . MR.CAPANO:That 's too cios e',Your Honor. 5th.This would be Monday/.February 9th. j .'•.,• ,THE COURT: MR.SIMMONS: No,Monday,February 9,that's beyond the •.. We arttgoing to start a trial,Your Honor, t •.~...,."If you have a time'open the reo .- . Would that be agreeable with you,Mr.C~pano? .+--\0.•..,.i .. The 10th is a Tuesday...t.,f I don't know what my calendar is downstairs. me >safety,Your B;onor.. in Pittsburgh on the 5th.Maybe just to be sa!f~;'the 10th would give o _~.'_..11• COURT: ~z0(>..I •>-IIIZZ~THE ioI-~MR.SIMMONS; :rIII ;MR.CAPANO: It is,if it's agreeable 1111 accept it in the afternoon~, Honor's pleasure.'• ..=u ll:.I-III i5 ..I MR.SIMMONS;' 0( u i5:>... :z:~~THE COURT: Tuesday afternoon would be fine,at Your ,. We.will continue the matter and have a further iiill:IIIl-ll:oD.\IIa: l-ll::>ou ..I0( u iL'"o hearing on Tuesday,February 10,1970,at 1:30 o'clock in the afternoon. (Hearing Continned ) L ,., ". •Transcript completed -January 30,1970,. < Z<>oJ>-1/1Z Z IIIQ, io~Clz :r1/1<~ \' ". .,. Date: iiiII:III~II:oll. IIIII: ~11:. ::I'o .>•U .'..,. ~tlOOVC ccm:Jo 10 bOi"obyo~p1M)ved and d!:roctod to be UIGd. u ii:lI.o· ~...'...'......~Cully orcJ2 cec\\rtlto1.y In tb~.notoo tni10a by moon the !'!oot-lna·~tbe.abo'Vo ~. 1/1 ,..'••.••~COlJOO~orA tl;&i;lt tbb f.:opyl0 0 c:or¥"cet tranac~ll)rGZ·tho·b()r~o.<ij is ::I.., :t..,.. til .> •., • • :...' ., " .. jr···.. .. ," '.0,':!,:'; .'.. • C". ..-,...... .......:.:~_:~.~.........0 __J"l::> ".,.-~.-.,c,~~ -'-'tLl (';lL;c1)}-.-::-.; (,)if):::r:::~~,c.!)(j1c..::Lt.!4~('".~..."",-::J_ j ~.,. " ..'f..- t.• " '. f , ," \, " ., .- \'" \ 1........... -'. , " ,t " ..''" • Form No,RCC·62 (2·64)THIS FORM REQUIRED IN ALL ESTATES WITH GROSS ASSETS UNDER $10,000,UNDER SECTION 701 OF ACT OF JUNE 16,1961, EFFECTIVE JANUARY 1,1962.(FILE IN DUPUCATE WITH COPY OF WILL ATTACHED)J .C?FFICE OF THE REGISTER OF WiLLS'"~fl County of Washington.. ..A '1'•.C~Pi1.I¥>.,.l~~~Pll.t.o.r.'of .:PPAo.~1.~~P-!l~Y.~~~rA-~'. (Name)(Address) being duly SWQI'Jl .according to law,deposes and says that he is the ~.xe.c..lJ.ttU:~_Guiseppe Bergero'(Exec.,Adm.,Legatee,Etc.) of the estate of ~11~Hi__J.:o.~e_P_h-J~~r..g~rn---whose last residence was 5h5__McQrea__AwDJJtL _ (No.)(Street) D_o.nQ.r..a.~--~-:o.D..s.Y-l'l~-~-----------.deceased,and that the whole of the estate of said decedent,who died _Aprll-2D.,--~969.-(City,Borough or Township)(Date) consisted of: REAL PROPERTY REAL PROPERTY IN PENNSYLVANIA.WITH STATEMENT OF MORTGAGE ENCUMBRAN<i:ES 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 NONE Value r Personal Property .Ie " M....llnn N::lt.RIc &T,..,en -Savina Aoct.with 1 te.l."C~t trXI:rJ y~~.17..( Sonial ...•-tv -Unaashen oheck ~)~:t.JJ.,i~..,O,. TT.~St.-..,P..n~i nn Fl1nn_TT_. ..'.'lRI.~R C::l,Clh_Tn homA of ~..,...,.,.....~Jln.~n ,!,()'T'AT,~Anii_n~ 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,account number and the exact name or nanies in which the account is registered. Jointly Held Property Estimated Value NONE ...--- ,.. (. " Transfers within TWO YEARS Prior to Death NONE That at the time of death there was no safe deposit box registered ih decedent's individual name,or jointly with,or as agent or deputy of another,or in decedent's individual name,with right of access by another as agent or deputy,with the exception of the following:- NAME AND ADDRESS OF BANK OR OTHER INSTITUTION THIS SAFE DEPOSIT BOX RENTED RELATIONSHIP OF JOINT IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT NONE , BENEFICIARIES BENEFICIARIES AND ADDRESSES RELATIONSHIP SURVIVED AGE OF LIFE (If step-children or 'TENANTS OR INTEREST OF (State full nllmes of all and their addresses who have illegitimate children DE.GEDENT ANNU'ITANTS •BENEFICIARYSTATEYESaninterest,vested,contingent or otherwise,in estate.)are involved,set OR NO AT DEATH OF IN ESTATE forth this fact.)DECEDENT -,, !~ria Lidia Enrico ~;~+A'"......'"nf'::l<J'A ,,11 "~- •- .~ -• RESIDENT DECEDENT DEBTS AND DEDUCTIONS CLAIMED • NOTE'List first five items in the s~aces so 'provided,observe notations thereon,and instructions.-DEBT OR CLAIM NATURE OF SAME AMOUNT THIS COLUMN i1tEGISTER ONLY D..'O~-T:!-Il Hom.-Funeral expenses paid $17nn nn $ none Family exemption (will not be allowed unless decedent died residing with a spouse or children.) Russell :Varino Administration Expenses *JR nn A V C~nAnn Counsel fees *C:nn nn.. Fiduciary commission * OTHER DEBTS AND CLAIMS (*)See Note below Wash.Co Reports Publishing Notice 14 00 Valley Independent Publishing Notice 10 75 Catholic Cemeteries Assn.Grave and opening 205 00 Rev.Ettore DiNapoli Religious Service 15 00 . West Penn Power Compan;y-Unpaid Bill 3 45 < Columbia Gas Company Unpaid Bill'25 52 Authority of Borough of Charleroi Unpaid Bill 3 32 Bell Telephone Company Unpaid Bill 6 11 Dr.L.J.~etsch Medical services 20 00 Loretta Stefansy Witness Fee 10 00 Margaret Ruey Witness Fee 10 00 Total 2541 15 ....l?~~<?~".~~~~Yf:Y?n~?. (City or Town and State) ....721.Mc:Ke.an.Avenue . (Street Number) Subscribed and sworn to before me this 14th " .r ' .:MntMMISSION ElmES ffBkUAAt ii,1910 Having b~en dU3 ~worn according to law,I do hereby certify that the above appraisement is made in conformity with law on this ..............~.~,dayOf ..Y/),~.)JJ~1T ,9.G.1.\'\~f.....~......~rf?-- Apprai In the event that any future interest in this estate is transferred in possession 01'enjoyment to collateI''eirs of the decedent a er the expiration of any estate for life 01'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. Note:The estate agrees to advise the Register of Wills if the amount actually paid in settlement of any fee,commission or debt is greater or less than the estimated amount claimed and allowed. -~6...........:Ail'":day of ..O.c:tober.,19.9',-l .~,~.·······':r'~~6:L~··············· REPORT OF THifl,RGIS R OF I,the undersigned duly elected Register of Wills in and for.. . .......County,Pennsylvania,do respectfully report that I have allowed debts and deductions in the amounts c imed by deponent,xcept as to t!}.9 items where a greater or lesser amount is set forth in the last column to the right in said schedule above,which greater or les amountjeprese ts the sum~das a deduction. Dated:.~.~..I.//·.1.Y.~·r.,........'~. Register of Wills 'j 1.-- Form No.RCC-62 (2-64) •Will '4 Administration INo., ,'., ,.•.,,.Year ,..",. IN THE '/ ./~...' J ~.~../". "~a MATTER OF THE APPRAISEMENT OF THE ESTATE OF" GUlSEPPE BERGERO . ,~l:j.~~.;J:Q~W.~~.~q . pec.eased Late,'of ..I.>ONORA .. (............................ County of WASHINGTON...-,,::. ,.,....''''' r I ..,~•.'-~;...~.-"~I 0' n ~ ~ 0') 'ComInonwealth of Pennsylvania ~7~~-r;REPO~~if)APPc1&'\IsAr:=::en"''}C'""')"""""-..',.'~-of I.c:..-"j "'_G"')rn ",._f"'7"'I-1 ;0',-.,~.If , O .""""""-..'~O l""-t-11 ~~o ...'"-0'"o 1"E ;q =::r:.:r;;;;--. ~~~(I)'"'=',.~.y A.V.CAPANO .., -...... \~ "7Z \. """ R CC-8\(2-64) " COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS INHERITANCE TAX DIVISION NOTICE OF FILING OF APPRAI$EMENT A.V.CAPANQ (~xecutor~) IN YOUR REPLY PLEA.IE REFER TO 37-221-6 J In Re:Est ate of ---I.GLlllUo<Ju.IS:uE;uPuPi:..lE~B;uE:&IRu.G,.,..E;uRuOI__---- ____...u~'IIA....SiQH....INI;llJTG~T~O~NII-----County - FHe No.63-69 '09 Dear Mr'.'Capano: You are hereby notified that the original appraisement in the estate of Giuseppe Bergern has been filed in the office of the·?egi.ster of.Wills ~f washington County on November 6 ,19-49-Said appraisement reflects the following valuations: Real Estate _--'-~_ .Pe rsona1 Property.~8-t,..Io;Or...3....3.....IUO.,.S.L--_ Transfers -.."..---,.__---,-__ Tota1 ---,----,----,----,--~84,o..JIO""31.>.3.....u()~5.L--- As to such tax that is paid within tpree death,a five (5%)percent discount is allowable. remains unpaid after one year from date of deatn, of six (6%)percent per ann.um is charged. months from date of As to any tax that int.erest at the rate Any party in interest who is aggrieved by an appraisement may appeal theretrom as provide~by law. Date __~N.!.:'!OLVL:e~m....b",,·e_r~6'-t'.....-Il...9L16.&.09;L·_ DATE OF DEATH: Note:This is not a bill. April 20,1969 COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SUMMARY I Estate of BERGERO GIUSEPPE (Last Name)(First Name)(Initial) DATE OF DEATH 4-20-69 FILE NO.63-69-609 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'.',"B", "C",and "E". 11-06-69 04-20-69 Dated:------------- REPORT OF THE REGISTER OF WILLS REGISTER OF WILLS Dated:....1.....1....-.....:0~6~-~6~9~_ I,the undersigned duly elected Register of Wills in and for Wa sb j ngtan County,Pennsylvania,do respect- fully report that I have allowed deductions in the amounts claimed by deponent,except as to those items where a greater or lesser amount is set forth in the last column to the right in Schedule "F",whic grea r or lesser amount represents the sum allowed as a deduction. VALUE AS REAPPRAISED $-------+-- 5 491 90549190 VALUE AS REPORTED VALUE AS APPRAISED $$-------+--- CLEAR VALUE OF ESTATE 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) Valuation of life estates or _c COMPUTATION OF TAX $ t= $ $C $ (*)As evidenced by Charitable Exemption Certificates issued by the Secretary of Revenue. $-------+--$--------+---- $--------4-- $_._----~--$-'Q;l..<~?:....;1.~.-j"w:'Q)..- $=====$---~-- $========= ___---Jl- $ETOTALTAXBALANCE$-------lPAID$---1. BALANCE OF INHERITANCE TAX DUE Add interest at rate of 6%from_____to _ AMOUNT OF ESTATE TAX ASSESSED $--------.1 Estate tax paid $----1 BALANCE DUE Add interest at rate of 6%from ------{to----- TOTAL TAX Less tax previously paid BALANCE Less 5%of tax if paid within 3 months after death FOR USE OF REGISTER ONLY Tax on $---------t-- Tax on $---------t-- Tax on $----------1__ Tax on $---------t--Tax on $~#..;~......;;I~ Exemptions========~= Total Estate---------4--_ 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. Will t...No.AdminIstration IN THE Year . MATTER OF THE APPRAISEMENT OF THE ESTATE OF GIU SEPPE..BERGERO.. Deceased ..... \ ,,", Late of DONORA County of lvASHINGTON Commonwealth of Pennsylvania REPORT AND APPRAISAL 'r , Fonn RCC-2 DEPARTMENT OF REVENUE .'. BUREAU""F COUNTY COLLECTIONS.. HARRISBURG.PENNA.17127 COMMONWEALTH OF PENNSYLVANIA DATE N.o.Y.embe.r.6..,.l.9.6.9 .. RESIDENT INHERITANCE TAX·"".COUNTY :w:a.s.hi.ngt.on . APPRAISEMENT FILE NO §.~..::J?..~.:::..§.Q..~.. Whereas,G.ius.e.pp.e B.e.rg.e.r.o late of .D.ano.ra . in the County of J~a.s.hi.ngto.n Commonwealth of Pennsylvania,having died on the 2.0 th day of April.....................................19 ·.6.9 seized and possessed of an estate subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania; Th f I W R Ch Iereore,,...............................................a.n.e.y.:.........................................................,an appraIser du y appointed accordmg to aw, having been designated to make a fair and conscionable appraisement of the said estate,and to assess and fix the cash value of all annuities and life estates growing out of said estate,hereby file the following appraisement: In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after the expiration of any estate for life or for years,the Commonwealth hereby expressly reserves the right to appraise and assess transfer inheritance taxes at the lawful collateral rate on any such future interest. Unit Appraise",entDescrlpllonofAssetValuesMadeforInherllance Tax PurpOles $ PERSONALTY: Mellon Nat.Bk.&'Tr.Co.7.673.17 Social Security -Uncashed check 135.10 lJ~.~1"ppl PpnQ;nn 184 28 CASH )40.50 R 01."O!i A.011 lo.c; , I , Tot.;).l R o~n O.C; ! I I form~V~~hb~~::~h:sw<lrll.~~~o~:'~.~o~~:~~~~~l~~t,tf~~~::r~iS~?~;Zi~: A ieer............................·..·1......................··........................................................................................ ....jJJ..················~··'i~';':'£-;."';')························...........,Penna. --_.- ....Xr{ASHINGTON ....County , l~_i.i I RESIDENT INHERITANCE TAX APPRAISEMENT Estate of ..G.IUSEP.PE B.E.R.G.ER.O . Deceased. Late of DONORA Date of Death,Apr.i.l 2.0.,..1.9.69 . Appraisemcl!t Docket Vol.,3.7.. Page,221 6 N 0.6.3:;:;;.6.9::;;;6.0.9 . Filed in Registers Office,N.Q.Y.e.mb.e.r...619..69 Amount of tax due,$. DEPARTMENT OF REVENUE Received, Examined and Approved,. Wrote abo.ut Appra.isement, Appeal fYom Appraisement,. Entered and charged,. r> .:, I • Form RC C-I0 DEDUCTIONS ALLOWED IN J 1 290.00THESUMOF$,........................OFFICE OF THE REGISTER OF WILLS OF COUNTY STATEMENT OF DEBTS AND DEDUCTIONS DATE APPROVED .........Q~J§~7() AND AGENT OF THE COMMONWEALTH file #63-69-609 TAXABLE @ 15%Register of Wills,Agent ESTATE OF Giuseppe Bergero a/k;lCl:.ATE OF D:....o:..;n;...o_r_a _ '1 20 1969DATEOFFILINGAPPRAISEMENTDATEOFDEATHAprl., DATE NO.OF NAM&:OF PAYEE REMARKS AMOUNTVOUCH~1Il Claim allowed bv Court 1.250 00 Fi1in~Account le::nn Audit Costs 24 00 Total 1,290 00 - --.--. COMMONWEA/f1:2.<NNS:~ANIA }S.: COUNTY OF.:!J.'d."/.<1.;2,-~;;; I,/7 ..1/.~Alk"/,N .."-n"';t:c t/2-HEREBY CERTIFY,THAT.TO THE BEST OF MY KNOWLEDGE AND BEL~TH~REGOING ISJ2t:;T ~;}~I~~_EAS~M~N~A'J!~B~/;z..ERALEXPENSES AND EXPENSES OF ADMINISTRATION SUBMITTED TO THE ESTATE OF r~,/~-'. . .DECEASED.AS DEDUCTIONS F"OR INHERITANCE TAX PURPOSES..Tf T .~"'d,d¥~-r-'u,SW~N).~TIBEDBEFORE ME THIS .,1?/DAYor' ()'..1/'~..;,~~187-Cl- "~..T .....~/I'..V--............/'..&~.#A.B.L,& 7 --NOTARY PUBliC 11 .My Commission Lt:ires April 9,i r W'\$hington.Wa.hington Co.,P." . -