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Home My WebLink AboutOC1969-0767 - ESTATE OF EMANIN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF: SAMUEL L. VAN EMAN, SR. a/k/a S. L. VAN EMAN, SR• a/k/a SAMUEL L. VAN EMAN, Deceased ) ) ) ) ) ) ) ) ) No. 63 -69 --767 PETITION FOR PERMISSION TO GRANT EASEMENT AND NOW comes Mary Van Eman Soffel, Executrix of the above estate, and petitions Your Honorable Court as follows: 1. Samuel L. Van Eman, Sr. died testate on December 5, 1968 and Letters Testamentary on his estate were issued to Mary Van Eman Soffel, your petitioner, by the Register of Wills of Washington County, Pennsylvania on July 2, 1969. 2. By the terms of said decedent's Last Will and Testa- ment dated July 14, 1964, probated and on file in the Office of the Register of Wills of Washington County, Pennsylvania in Will Book 108 Page 233 , and the death of Margaret W. Van Eman on October 29, 1968, your petitioner became entitled to the entire estate of said decedent. Your petitioner is a married woman, her husband being Gordon Soffel. 3. Your petitioner has not, as yet, had an opportunity to prepare an inventory of said decedent's assets nor to ascertain the amount of his debts, but she believes, and therefore a¥ers, that the estate of said decedent is insolvent. No real estate of said dece~nt has been sold since his death. 4. During his lifetime the said Samuel L. Van Eman, Sr. was one of the developers of Van Eman Park Plan of Lots situate in North Strabane Township, this county, which Plan is of record in Plan Book 9 page 103 in the Office of the Recorder of Deeds of Washington County, Pennsylvania. 5. That one of the streets in the Plan above referred to is designated as Old Farm Road, and lots heretofore sold along this road by the developers contained the following reservation: "Expressly excepting and reserving unto the parties of the first part, their heirs and assigns the right, power and privilege, to give, grant and convey unto public utility companies or other public authorities rights of way or easements within the streets and any utility easements shown on said recorded Plan of Lots for gas, telephone, telegraph, power, water and sewer lines and all appurtenances thereof." \ 6. The Citizens Water Company of Washington, Pa. has applied to your petitioner for the grant for an easement and right of way in Old Farm Road for the installation of a water line and has offered a nominal cash consideration of $50.00. 7. Your petitioner believes, and therefore avers, that The Citizens Water Company of Washington, Pa. is the only prospective purchaser of such easement and right of way. 8. Your petitioner believes, and therefore avers, that the grant of such right of way or easement would enhance the value of any unsold lots in said Plan of Lots and would, so, be of advantage to the estate. 9. Your petitioner believes, and therefore avers, that the cost of the three weekly advertisements prescribed by the RuleS of Your Honorable Court would not be warranted by the proposed -2- consideration and respectfully suggests that, under the foregoing circumstances, the following notice should be sufficient: (l) By publication once in one newspaper of general circulation published in the County and in the legal periodical of this County; (2) and by five handbills posted along "Old Farm Road;" (3) and by certified L. ~. mail to Samuel/Van Eman ~; all such advertising, posting and mailing to state the date of the hearing on this petition, the name of the.proposed grantee, the proposed consideration, the proposed grant of the easement or right of way referred to; and that such advertising, posting and mailing be completed not less than ten days prior to said hearing date. 10. Your petitioner believes, and therefore avers, that she has the right to grant such easement but, because of the facts and circumstances involved and, particularly, because of the apparent insolvency of the estate, she requests the approval of Your Honorable Court to make such grant. WHEREFORE, your petitioner respectfully prays that Your Honorable Court set a time for a hearing, in order to determine whether or not she, as Executrix, can make such grant and for the consideration stated and, further, that Your Honorable Court order notice as hereinabove suggested, notwithstanding any existing Rule of Court to the contrary. And she will ever pray, etc. -3- COMMONWEALTH OF PENNSYLVANIA ' COUNTY OF WASHINGTON r. I ' • ) ) ) ss: Personally appeared before me, the undersigned authority, MARY VAN EMAN SOFFEL, who, being duly sworn according to law, deposes and says that the facts set forth in the within Petition are true and correct to the best of her knowledge, information and belief. Sworn to and subscribed before me this /7~ day of July., 1969. I r ' ' qtL.,g~-/ ~~ Mrs. MaryP.ZTnan,'lJiary: Public Canonsburg, Washington County, Pa. My Qommission Expires June 26, 1971 "" . ' . IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF: SAMUEL L. VAN EMAN, SR. a/k/a S. L. VAN EMAN, SR. a/k/a SAMUEL L. VAN EMAN, Deceased ) ) ) ) ) No. ) ) ) ) ORDER OF COURT of 1969 0. C. AND NOW, this / & ~ day of July, 1969, the within Petition having been presented, upon consideration thereof, it is hereby Ordered that a hearing be held upon the said Petition on August b 1969 at / 0:30o'clock A.M. in the Orphans' Court Room, Court House, Washington, Pennsylvania. It is further Ordered, any Rule of Court to the contrary notwithstanding, that notice of said hearing, stating the date and place of the hearing, the name of the proposed grantee~ the proposed consideration ahd the proposed grant of the easement or right of way referred to in said Petition shall be given as follows: (1) By publication once in one news- paper of general circulation published in the County and in the legal periodical of this County; (2) and by five handbills posted along ..:fk "Old Farm Road;" and (3) by certified mail to Samuel L. Van Eman ~; all· such advertising, posting and mailing be completed not l~ss than ten days prior to said hearing date, such notice to be effective as to all creditors, heirs, devisees and all other interested parties. ' 1 I !\pplirattnu fnr Jrnbatr nf Ifill nf ... ~.8:IJJ.~~l. .. ~.~ .. Y..a.~.~~~?.~ ... ~.~ ......... ~~?.~ .. ~~.?.~.~ .. as ..... ~.~ .. ~." ... ~~~ .. ~.~-~b~e8~{.~.~?~~-~.?.~r:'.':1:?~?.: .. !.?~?.~~~.J? ............................ , Washington County, Pennsylvania deceased, and "rant nf 1Lrttrrs REGISTER'S OFFICE, WASHINGTON COUNTY, SS.: wrstamrntarg. Before the Register of Wills of Washington County, personally appeared ............... ?.~.~ .t:t.~.+..~ ~ ... Y Cii1 .. ~ !Tl. Cii1.~ .. J.r. ~ ................................... who being duly sworn says that ..... ?.~.~.~~~ .. ~.~ .. Y.~~ .. ~~.~~.' ... ?.~: .. ~ ... ~/.~/.~.: ... ~.~~.: .................... .late resident of tf.~.?.t.:r;-.~J:?.~.~~ .. TW.P. ........... , Washington County, Pennsylvania, a citizen of ... V ... $..~A.~ .................. died testate at .. G.~.~qi1.~.~~.rgt ... :P.~ .. ~ ......................... on the .. ~.t~ ......... day of...P.~.c;:.~.m.~~r ....... A. D. 19.~~ .. . at.. .......... o'clock. ....... m., age ................ leaving an estate of the estimated value of $ ..... 1l~.~!l.O.\YI1. personality, and $ ..... 1l~~.n.~~~1 ........... realty, said real estate being located in .. )'~·q~-~~ .. ~~.r.~.~Cl.!l.e .. ~:wp, ·--~~~-~.~~-.~~~~-~-~~.J?~ ... ~~~ .. qCl.!?-.O.I1?~.ll~g.' ... Cl.~~ .. ~I1 .. W..~~-~~.~g~_S?:~ .. ~.~-~~.0\Y..~ .. ~!=:l.· ................................ . The decedent's legatees and devisees are as follows: NAME ' RELATIONSHIP RESIDENCE Mary Soffel Daughter McMurray, Pa. ' ----·- - --- - - Testator has ....... I1.0.t. .............. married and ................... n.o .... . . .children have been born since the execution of the will offered for probate. j Petitioner prays that the paper writing filed herewith dated .. ' ~./.t:j.J:'lf<f'.. .......... J may be admitted to probate as the last Will and Testament of said decedent, and to grant Letters Testamentary thereon to ........ ?.Cl..~.l:t.~.~--~~ .. .Y.<l:I1 .. ~m~I1.~ .. J.:r. ................................................................... . whose postoffice address is ..... ~.~P. .•. #.L .. CP...n.ons.b.u.r.g, ... Pa ...... da Sw:r!JJ;;;:;;;;:;e ~e~~:~;~? samuen: van Em an; J . ········ '-AA~-v--<-.....-'\...-"--~~~; ) -~ I ~ ~ ~ ~ ~ J ~ ..... COMMONWEALTH OF PENNSYLVANIA, } SS . WASHINGTON COUNTY, .. And now ..... De.c .................................... , 19 ..7.? ... , comes ... S.Q..:m.~~·~ .. y .• .. Y Q..t:l:. E.:mQ..t:J:, .... J.:r. ............ . who being duly sworn doth depose and say that.. ... he .......... will well and truly administer the goods and chattels, rights and credits of.. .... ~.~-~.t.:l.~~ .. ~-· ... Y.a.I1 .. ~.~.a.I1~ ... ~~: .. Lc:t/1<./<~:~ ... e.t<::.~ ........ deceased, to the best of ..... his. skill and judgment in strict compliance with the laws of this Commonwealth, mindful of the laws relating to inheritance taxes. . ;·a.d. Sworn ~n~subscribed before me this ..... /.: .......... day d .. AJ/ilM:!1))f}/.~./ ........ A. D. 19 .. ?.~ .. ({) Register » QJ ~ •' 0\ : : ..... : ~ :..8 ' ..., :< ~ e. "'CC <!) "' .... <II ..... <!) ·~ u II ~ • <!) 0 ,t "'CC : <!) ~ s::: <II 1-< {.!j '4-1 0 "' 1-< 6 <!) <!) ~ ~ ~ <II ~ s::: <!) ~ ~ ::::> J r .,~, --,. .& • r .. August 10, 1964 I will that my son, Samuel L. Van Eman Jr. be named executor of my estate so that he can continue to handle my affairs as he has been doing for the past several years. Subscribed and sworn fuo before me this 11th day of August 1964, A. D. Felomena A. Petardi My commission expires Jan. 6, 1965 s. L. Van Eman Sr. \ 1 ,, ·-..;,·r \' ~J I I' I ~ 0 > 1-4 ~ ~ > c z ~ -! ~ Ill Ill d 11--'Ci:u~ :U>zt:;j p ~ ~ , '" > ~ Ill -! t:f !: 1-4 -fj.~ 00 IJI ~· ~ 11--·p ·~ Q t::-4 . ~ t-1 trj i -.. ~ r .i..'·: ~ . \ ... '-....-... ·. c • I IN THE COURT OF COMMON PLEAS I. OF WASHINGTON COUNTY, PENNA. • I ORPHANS COURT DIV~S~ON NO. IN RE: '--' 7"7# /f0?. I l ~-' ESTATE OF SAMUEL L. VAN EMAN a/k/a· SAMUEL L. VAN EMA.N, SR., DECEASED PETITION FOR RULE , -c:n ..., -~ ~,.,::e tf'A -· ;:-- c...o --~~ ~0:~~/ ~ .._-<n :: en v·~ z ro--i r...-.-, ·0 ~ r· --+ ;u ~ 0 -,.. 0 ·--.., ...., ..... ~:E~ ~ I"'V -o ::% I f71 0 .. ~) 'l~ ~ o __ ~ ,..... .. z '"tir-o >U'l '• t...,) ' -+:' -..r: RICHARD DISALLE ATTORNEY AT LAW LAW & FINANCE BUILDING PA 5317 / n ~~{ ~-).5-c.al L" JA_ ·. . ...•. ""-~ ... .:':: _ . . I /-> ;j...-h.n !1. • -~-· -"-'••••• ' ~· > ~· j "'--'~ -"'·-' '·~'-"' ••• ,..._;,~, •• '._Lo . .<-'>' ;..?,,,J.,~\,~ .. ~~)• ·''" ...... _,,_,"' . -~.;-~""'"--.... ~-, ... ... :~~~-.-~· .,._ ... ~u ~ ... ~. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION IN RE: ESTATE OF SAMUEL L. VAN EMAN, also known as SAMUEL L. VAN EMAN, SR., DECEASED. TO: THE HONORABLE RUSSELL MARINO, REGISTER OF WILLS OF I WASHINGTON COUNTY, PENNSYLVANIA: The petition of Samuel L. Van Eman, Jr., respectfully represents: 1. Samuel L. Van Eman, also known as Samuel L. Van Eman, Sr., died 5 December 1968, a resident of North Strabane Township, Washington County, Pennsylvania. 2. The sole surviving heirs of said decedent are your petitioner, an adult, residing at 501 McMurray Road, Canonsburg, Washington County, Pennsylvania, son of decedent, and a daughter, Mary Van Em an Soffel, an adult, residing at 435 Thompsonville Road, McMurray, Washington County, Pennsylvania. 3' . .1. Your petitioner has reason to believe that said decedent had made, published I and declared his last will and testament, and that said will is in the possession of the said Mary Van Eman Soffel. 4. That said decedent at the time of his death was seized of personal property and real estate situated in Washington County, Pennsylvania, to administer which it is necessary that letters be granted in this jurisdiction. 5. That the said Mary Van Em an Soffel has neglected and still neglects to produce the said will for probate. WHEREFORE, your petitioner prays that a citation may issue directed to the said Mary Van Eman Soffel to show cause why she should not produce the said last w,ill and testament of Samuel L. Van Em an, also known as Samuel L. Van Eman, Sr.-, .,i '\ Deceased, for probate, failing which to show cause why letters of administration should not be granted your petitioner, Samuel L. Van Em an, Jr. , to administer the assets of said decedent. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF WASHINGTON Before me, the undersigned authority, personally appeared Samuel L. Van Em an, Jr., who, being duly sworn according to law, deposes and says that the facts contained and set forth in the within Petition are true and correct to the best of his knowledge, information and belief. ·-c/.J Sworn to and subscribed before me this /0 --day of May 1969. ~,I~ A-- - --NOTAR#uBLiC - - - - MRS. FRANCES M. GRAY, Notary PubliC Canonsburg, Washington Co., Pa. My Commission Expires September 19, 19lb lltt Wqt ®rpqattB' Q!ourt nf llnsqiugtnu Qtnuuty. Jruusylnttuia \ IN RE: ESTATE OF ( { ) ) SAMUEL L. VAN EMAN, aka ( ( NO. 767 of 1969 SAMUEL L. v:c::m:. SR •• \ Q! Uatinn( Q!ommouwraltq nf Jruusyluauia { 55: cnnuuty of llaaqiugtott ~ To: MARY VAN EMAN SOFFEL 435 'I'hompsonvJ.IIe Road, McMurray,~Jashington County, lP'enna Sur Petition of: SAMUEL L. VAN EMAN, JR. ~rrrttng: lft Q!nttttttttU~ loU, -~MA=R::..:...:Y~VA~N~EMAN~-S=O'-'!:..F.:....:FE=L~----- 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 complete answer, under oath, to each and every of the averments of the said 1.11 oJY /JP f '7l.. --1~ _ 2 .. _, petition, on or before ,lM2h-, the !.!:/1 day of ~ 19 69, at / tJ .' cJo o'clock E)_. M., and show cause why the said Mary Van Eman Soffel should not appear before the Register of Wills of Washington County, Pennsylvania, and produce the last will and testament of Samuel L. Van Eman, a/1/a Samuel L. Van Einan, Sr., Deceased, failing which, to show cause why letters of administration should not be granted to S&muel I.. Van Eman, Jp., suP,J:iviRg son of.' the said aeceae:Dt, to administer the assets of the said Decedent; 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. WITNESS the Honorable P. Vincent Marino, President Judge of our said Court, at Washington, Penna., the 2S-da of -----'L'I.~.~,unl..l..lOl-e ___ , 196.9_. ~R_I_C_H_A_RD __ D_J._·s_AL_L_E ________ Esq. Attorney for Petitioner. Law & Finance Bldg., (Seal) Canonsburg, Penna., 15317 lltt Wqr ®rpqunn 9 (JJourt nf llasl1iugtnn 0Jnunty9 Jrnnaylnaniu -IN RE: ESTATE OF t~ ( ( .. ) ) SAMUEL L. VAN EMAN, aka ( ( SAJ,IDEL L ., VAN EMAN 8 SR !. , ) flT 1. t tl t 1. rt M ) DECEASED. -. } ~ U,. J>.Il.&-1.} •. NO. 767 of 1969 arommonwraltf7 nf ltfpnnnyluauia { 115: O!nunty nf l!Sasqingtnn · . ) To: MARY VAN EMAN SOFFEL 435 Thomp sonvllle Road, McNurray, 'dashington County, Penna Sur Petition of: SAMUEL L. VAN EHAN, JR. ~rr.rttug: llr OJnmttU!Utl i'nU9 ---'I>,_..1A=R.:...=Y,___:..V=Ali..,_~ _,.2.'MA==l'J-=SO=F'-"F-=E=L,__ _____ ., 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 complete answer, under oath, to each and every of the averments of the said ;1,1 (l !;! ;Ji/ r . ·IL_ . A /) petition, on or before ~:~/!'=-, the j/ I/ day of <1-CA-J:i.-1/ I L+L 0 / 19 69' at I CJ .'a::/ o'clock a_. M.' and show cause why the said Hary Van Eman Soffel should not appear before the Register of Wills of Washington County, Pennsylvania, and produce the last will and testament of Samuel L. Van Eman, a/1/a Samuel L. Van Eman, d1·., Deceased, fb.iling ~"Jhich, to show cause why letters of administration should not be granted to Samu~l'L. 1T:;m Eman, Jr., ~urvining son of the said aec.odent, to &dministe the assets of the said Decedent; 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. WITNESS the Honorable P. Vincent Marino, President Judge of our said Court, at Washington, Penna., the 2$.._ day of .Tune , 196.9_. / ) ;\'--< ,-nf'!') ~)J ".·«I! Clerk of the Orphans' Court ~R_I_C_H_A_R_D __ D __ i_SAL __ L_E __________ ~Esq. Attorney for Petitioner. 'Law & Finance Bldg., (Seal) Canonsburg, Penna., 15317 .· DECREE AND NOW, May \1-, 1969, upon consideration of the annexed petition and on motion of Richard DiSalle, Esq., attorney for the petitioner, IT IS HEREBY ORDERED AND DECREED, that the prayer thereof be granted and that a citation issue to Mary Van Eman Soffel, 435 Thompsonville Road, McMurray, Washington County, Pennsylvania, to show cause why she should not appear before the Register of Wills of Washington County, Pennsylvania, and produce the last will and testament of Samuel L. Van Eman, also known as Samuel L. Van Eman, Sr., Deceased, failing which, to show cause why letters of administration should not be granted to Samuel L. Van Eman, Jr., surviving son of the said decedent, to administer the assets of the said Decedent. K~'J-~~----Register of Wills IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF: SAMUEL L. VAN EMAN, SR. a/k/a S. L. VAN EMAN, SR. a/k/a SAMUEL L. VAN EMAN, Deceased ) ) ) No. 63 -69 -767 ) ) ) ) ) ) ORDER OF COURT AND ~OW, August //) 1969, after a hearing held in open Court, it appearing that the averments in the petition of Mary Van Eman Soffel, Executrix of the captioned Estate, for permission to grant an easement and right of way for a water line in Old Farm Road in the Van Eman Park Plan of Lots, situate in North Strabane Township, Washington County, Pennsylvania, to The Citizens Water Company of Washington, Pa. have been established; and it, further, appearing that such grant for the consideration stated in the petition is to the advantage of said estate; and it, further, appearing that the notice of said hearing heretofore required by Order of this Court has been properly given, as evidenced by proofs of publication and affidavits of mailing and posting; and it, further, appearing that no person was present at said hearing to object or protest, the Court, upon consideration of the foregoing matters, does hereby approve the granting of said easement or right of way to The Citizens Water Company of Washington, Pa for the consideration of fifty dollars and permits the said Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, Sr., a/k/a S. L. Van Eman, Sr., a/k/a Samuel L. Van Eman, Deceased, to execute, acknowledge and deliver such grant or to join with other persons therein. G I It is, further, ordered that the testimony taken in said hearing be transcribed and that the record of said hearing be lodged and filed with the ~ecords in said Estate. -2- I , : IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~ PENNA. (ORPHANS' COURT DIVISION) IN RE: Estate of: SAMUEL L. VAN EMAN~ SR., a/k/a S. L. VAN EMAN1 SR., a/k/a SAMUEL L. VAN EMAN, Deceased. MR. ZEMAN: ) ) ) ) ) No. 63 -69 -767 ) ) ) ) HEARING ON PETITION FOR PERMISSION TO GRANT AN EASEMENT AND RIGHT OF WAY, BEFORE THE HONORABLE CHARLES G. SWEET~ P. J. 1 ON WEDNESDAY~ AUGUST 6, 1969, AT' 10:50 A. M. APPEARANCES: Robert L. Zeman, Esq., for Petitioner. Thomas D. Gladden, Esq., for The Citizens Water Company of Washington, Pa With the permission of the Court, we call to its attention that this is the time se~ for a hearing on a petition for permis sion to grant an easement filed by Mary Van Eman Soffel, executrix of the estate of Samuel L. Van Eman, Sr., deceased, this matter being in the . Orphans' Court Division of the Court of Common Pleas of Washington County J:>ennsylvania. 1 With the Court's permission, we call to th stand Mary Van Eman Soffel. MARY VAN EMAN SOFFEL called and sworn • . ,. -1- Direct Examination BY MR. ZEMAN: Q. Will you state ;your name, please? A. Mary Van Eman Soffel. Q. And are you the executrix of the estate of your late father, Samuel L. Van Eman, Sr. ? A. lam. Q. And by the terms of his will, who became entitled to his estate? A. I did. Q. Mrs. Soffel, are you a married woman? A. Yes. Q. What is your husband's name? A. Gordon Soffel. Q. Mrs. Soffel, as executrix, have you yet had an opportunity to prepare an inventory in the estate of your father? A. No. Q. Do you understand, however ---Do you know at this time, or do you believe at this time, whether the estate is solvent or insolvent? A. The estate is insolvent. Q. Has any real estate of your late father been sold since his death? A. No. Q. Are you familiar with the plan of lots known as the Van Eman Park Plan of Lots in North Strabane Township, Washington County, Penn sylvania;: as recorded in Plan Book 9, page 103, in the Recorder's Office of this County? A. Yes. Q. Will you state whether or not you are familiar with the location of a street in that plan known as Old Farm Road? A. That's right, I am. -2- . ' ;" Q. Mrs. Soffel, will you tell the Court whether or not you've been informed that in the deeds for land along Old Farm Road, that there was an exception and reservation by your father and mother in their lifetime to give, grant and convey unto public utility com- panies, or other public authorities, rights of way or easements w~thin the streets and any utility easements shown on that recorded plan. of lots for gas, telephone, telegraph, power, water and sewer lines, and all appurtenances thereof? A. Yes. Q. Will you tell the Court whether or not you have received an offer from The Citizens Water Company of Washington, Pa. for the grant of an easement or a right of way for a water line in Old Farm Road? A. Yes. Q. And how much have you been offered, or what consideration have you been offered for the grant of this easement? How much? A. $50. 00. Q. Do you know, or do you have reason to believe, that there are any other prospective purchasers for such an easement? A. No. Q. Do you have an opinion as to whether the grant of the easement for a water line in Old Farm Road would increase or decrease the value of the land of which your father may have died seized or any interest that he might have had in it? A. It would increase the value. Q. Do you know, or have you been informed, as to what the Water Company proposes to do in the event that you do not grant this easement? A. They will go ahead whether I grant it or not. -3- ·' ', Q. That is, they will appropriate it? A. Yes. Q. Has the estate any funds with which to litigate an appropriation? A. No. Q. Will you state whether or not you feel, or you believe, under all of the circumstances, it is to the advantage of the estate to grant the easement to the Water Company? A. Yes, it would be an advantage to the estate. Q. By reason of the circumstances to which you have testified, do you believe that t,he consideration offered is a fair consideration for the grant of this easement? A. I do. MR. ZEMAN: Does the Court have any questions? THE COURT: (To Mr. Gladden) Do you have any? MR. GLADDEN: If the Court please, I am here on behalf of The Citizens Water Company, of Washington, Pa. I was here in the even that there was a protest. I have no questions of the witness. MR. ZEMAN: Will the Court take notice that the court- room is vacant except for the THE COURT: You have paged this man in the hall, Mr. Hana? MR. JOHN HANA: Not paged in the hall. I called in our courtroom upstairs and there was no one there at that time. MR. ZEMAN: Then the Court would take notice that the r are no protestants to the granting of this petition? -4- ·. .. THE COURT: That is correct. MR. ZEMAN: At this time, with the permission of the Court, we offer into evidence, and for the record, proofs of publication of the notice of this hearing from the Washington County Reports and The Daily Notes. THE COURT: Accepted. MR. ZEMAN: We offer in evidence an affidavit of ser- vice by Robert L. Zeman tba t the notice of this hearing was sent to Samuel L. Van Eman, Jr., by certified mail, and the affidavit will state the details of t.ha t mailing and the apparent receipt of the mail by the addressee. We offer in evidence and for the record an affidavit of one Robert M. Eiben, relating to the posting required by the order of court, which affidavit will establish that the premises were posted, as required. THE COURT: Accepted. MR. ZEMAN: That is all. With the Court's permission, we will ask that the Court permit the executrix of this estate, Mary Van Eman Soffel, to grant an easement to The Citizens Water Company of Wash- ington, Pa. for a water line and to approve said grant, or, in the alternative to join with other interested parties in the granting of said easement. THE COURT: Dictate whatever is necessary to the Court Reporter, and I will sign it. ( Hearing closed in this matter at 11:00 A. M.) ,P.J -5- l I -· ' ~ ,. . .. . . . IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENN • (ORPHANS' COURT DIVISION) IN RE: ) ) Estate of: ) ) SAMUEL L. VAN EMAN, SR.. ) a/k/a S. L. VAN EMAN, SR. • ) a/k/a SAMUEL L. VAN EMAN, ) ) Deceased. ) No. 63 -69 -767 CERTI FI CATION I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me at the hearing in the above cause, and that this copy is a correct transcript of the same. The foregoing record of proceedings at the hearing in the above cause is hereby approved and directed to be filed. 'P.J .. -6- ...., I • ... ,, COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON Personally appeared before me, the undersigned authorit~, ROBERT M. EIBEN, who, being duly sworn according to law, deposes and says that he is an employee of The Citizens Water Company of Washington, Pa., and that on July 23, 1969 he personally posted along Old Farm Road in the van -Eman Park Plan of Lots, North Strabane Township, Washington County, Pennsylvania, five (5) handbills in accordance with the Order of the Orphans' Court Division dated July 18, 1969 at No. 63-69-767. Sworn and subscribed to before me this '2.Jr,-t-day 1 1969 • 12~~~ L~ Publlc JOHN R. SMITHSON, Notary Public Wa"h'ngt~n washington Co., Pa. ,, • ' . 72 My commission Exp1res July 3, 19 Robert M. Eiben - . ', ... • IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) ESTATE OF: ) No. 63 -69 -767 ) SAMUEL L. VAN EMAN, SR. a/k/a S. L. VAN EMAN, SR. a/k/a SAMUEL L. VAN EMAN, Deceased ) ) ) ) ) AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF \vASHINGTON ) ) ) ss: Before me, the undersigned authority, personally appeared ROBERT L. ZEMAN, who being duly sworn according to law, deposes and says that he is of counsel for Mary Van Eman Soffel, Executrix in the captioned Estate; that as said counsel he mailed on July 22, 1969, a letter to Samuel L. Van Eman, Jr. dated July 21, 1969, and a "Notice of Private Sale of Real Estate" (copy of said letter and said notice being hereto attached) to Samuel L. Van Eman, Jr. at 501 McMurray Road, Canonsburg, Pennsylvania 15317 by certified mail from Strabane, Pennsylvania, the receipt for said article of certified mail, No. 543444, being hereto attached; that he verily believes that said article of certified mail was delivered on July 23, 1969 to the addressee at his aforesaid address, as appears from the return receipt for said article of certified mail; said return receipt being hereto attached. Sworn to,and subscr-i:_bed before me-this ZJ'Li4 day of July, 1969 ~~;.:~~_./ Mrs. MaryPZemanNOtary Public Canonsburg, Washington County, Pa. My Commission Expires June 26, 1971 ~ . ' . • ~.... • .. t RECEIPT FOR CERTIFIED MAIL-30¢ SENT TO ·Samuel L. Van Eman, Jr. STREET ANO NO. 501 McMurra Road P. 0., STATE, AND ZIP CODE Canonsbur Pa. 15317 EXTRA SERVICES FOR ADDITIONAL FEES Return Receipt Deliver to Shows to whom Shows to whom, Addressee Only · and date date, and where del~vfU'd delivered liJ ~fee D 35¢ fee L....!~~=:_----~~~~===-===::;:::;-:--::::----:-:---:-:-) :1 POD form 3800 NO INSURANCE COVERAGE PROVIDED-(See other side :1 Mar. 1966 NOT FOR INTERNATIONAL MAIL :! D 50¢ fee INSTRUCTIONS TO DELIVERING EMPLOYEE 17r1 Show to whom, dale, and D Deliver ONLY l..llJ address where delivered to addressee (Additional charges required /or these services) RECEIPT REGISTERED No. ' \ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA. ORPHANS' COURT DIVISION IN RE: Estate of ) SAMUEL L. VAN EMAN, SR,, a/k/a S. L. VAN EMAN, SR.,) a/k/a SAMUEL L. VAN EMAN, Deceased. ) No. 63-69-767 P E T I T I 0 N FOR LEAVE OF COURT FOR EXECUTION AND FOR ~ SALE OF REAL ESTATE AND NOW, comes the Petitioner, Falconi Motor Company, Inc., by its Attorneys, Bloom, Bloom, Rosenberg & Bloom, and res- pectfully represents as follows: 1. The Petitioner, Falconi Motor company, !nc., is a judgment creditor and holder of the first lien against all the rea estate of Samuel L. van Eman, Sr., a/k/a S. L. Van Eman, Sr., a/k/ Samuel L. van Eman, who died on December 5, 1968. 2. The Petitioner entered judgment on November 12, 1964 on a certain Judgment Note dated January 3, 1964, for the sum of $91,000.00, with interest at the rate of six per cent (6%) from January 3, 1964, against the said s. L. van Eman, Sr. The said Judgment Note was entered in the court of common Pleas of washing- ton County, Pennsylvania, at No. 110 November Term, 1964, D.S.B. 3. The Petitioner commenced proceedings in the Court of common Pleas of washington county,Pennsylvania, on October 24, 1969, at No. 542 September Term, 1969, A. D., for the purpose of reviving and continuing the lien of the judgment entered at No. ----____________________________ _]____ 110 November Term, 1964, D.S.B. In the said revival action a rule was issued upon Mary Van Eman Soffel, to show cause why she should not be substituted as a party defendant to the action and an Order for Substitution was made on December 10, 1969, whereby she was substituted as a party defendant in place and stead of the said decedent. Judgment was entered on December 11, 1969, for the sum of $123,305.00. 4. The Will of Samuel L. van Eman, Sr., a/k/a s. L. van Eman, Sr., a/k/a Samuel L. van Eman, was duly admitted to probate on July 7, 1969, and Letters issued to Mary van Eman Soffel, as Executrix. The estimated value of the Estate as shown on Appli- cation of Letters Testamentary filed in Will Book 108, page 233, set forth as Personalty, $100.00, and Realty, $55,000.00. Said real estate being situate in North Strabane Township, washington county, Pennsylvania. The said Mary van Eman Soffel is also de- signated as the sole legatee. No further proceedings have been filed by the Estate. 5. The said real estate in the above-captioned Estate has been continually listed for Tax Sale by the Washington county Tax claim Bureau for non-payment of taxes since 1966, and the Petiti~ner has continually made payments to the washington County Tax Claim Bureau to keep the real estate from proceeding to Tax Sale. The real estate had been set for the recent Tax Sale of September 14, 1970, and the same had been removed from the Tax Sale through the efforts of your Petitioner's attorneys. WHEREFORE, Petitioner prays that a citation issue directed to Mary van Eman Soffel, Executrix, of the Estate of samuel L. van Eman, Sr., a/k/a S. L. van Eman, Sr., a/k/a Samuel L. van Eman, deceased, and to Mary van Eman Soffel, as sole legatee under the Will of Samuel L. Van Eman, Sr., a/k/a s. L. van Eman, Sr., a/k/a Samuel L. van Eman, deceased, to show cause why Falconi Motor Company, Inc., should not be permitted to pro- ceed with Writ of Execution against the real estate of the within Estate and to proceed with Sheriff Sale. BLOOM, BLOOM, ROSENBERG & BLOOM COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF WASHINGTON ) Before me, the undersigned authority, personally appeared ANGELO FALCONI, who, being duly sworn according to law, deposes and says, that he is the President of FALCONI MOTOR COMPANY, INC., Petitioner herein named, and duly authorized to make this Affidavit, and that the facts set forth in the fore- going Petition are true and correct to the best of his knowledge, information and belief. SWORN to and subscribed before me, this J..Jk day of _s:_e~/_/._. ___ , 1970. WiLLIA:.1 t. 13i~f.r< ... flr1 .. ,•1 ,,,~ r-i.J!:li.'c CANTON fOWNSHIP, WASHINGTON COUNTY MY COMMISSION EXPIRES FEB. 2, 1973 Member, Pennsylvania Association of Notaries FALCONI MOTOR COMPANY, INC. .. I I •. 11u WfJr Ql.ourt of Q!nntntllU ~Hrua nf ma.ai,htgtntt C!rnuuty. l\ltttttnyluuuiu IN RE: ESTATE OF SAMUEL L .. S. L. VAN ®rpl1atu1' (!!nurt 1ilittirtintt . ( VAN E:t-1AN» SR.,aka ) EMAN, SR. , aka /1i' 1. t rt t 1. n tt ( SA:t-1UEL L. VAN EMAN z ~ " . ) WC~S@. ( Qrnututnuwraltq nf Jruu.nyhtttttia Oinuuty nf 1Witt.al1ittUtntt !l!i: ) NO. 63-69-767 To: MARY VAN E}~N SOFFEL, ~~ecutrix, of the Estate of Samuel L.Van aka s. L. Van Eman, Sr., aka Samuel L .. Van Ernan, deceased,and to : Eman,sr.: 1>-'fARY~ VAN ENA-N SOFFELl as sole legatee 1mder the \.Jill of Samuel L. Van Eman, ~.A:i·ffi··il~iltrtmw~-=· -SR. , rura, etc .. ,-4-fJ~ SUR PETITION OF: FALCONI MOTOR COMPANY,INC., by its Attorneys, BLOOM,BLOOM,ROSENBERG & BLOOM, ~rrrtiug: . ~ 1~ . !1ARY VAN EMAN SOFFEL,Executrix of the Estate of :t~.e" ~nttttttau~ :ta'nlt 1Srum1e~ ~· ~f.t E~ .. s~ ak~ s L. Van E!~n sr. akt. l i l Samuel. .~.~.van Ei:rian, d.ec~ased,. ano1AY E:L~ so~FEfl, as so . iegatee under the Will of Samuel L. Van Eman$ Sr., aka, etc., deceased, , 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 com- plete answer, under o::tth, to each and every of the averments of the said petition, on or before W edn esdu_, the_2_l_s t _day of __ O=-c=-t=-o=-=b=-e=r=------ I91Q_, at 10:00 o'clock~. M. and show cause why Falconi Motor Company, Ince, should not be permitted to proceed v.ri th Writ of Execution against the real estate of the within Estate and to proceed with Sheriff Sale; and further abide the order of our said Court in the premtses, If you fail hereof, the petition may be taken PRO CONFESSO and a decree made against you. \WITNESS the Honorable P. Vincent Marino, Judge of our said Court, at Washington, Penna., tl~e_lQ_. _day of September , 19_7JL. _f;L~27~ Clerk of the Orphans' Court BI.OOM,BT.QOM,ROSENBERG & BL00!4-Esq. Attorr..ey for Petitioner. Washington Trust Bldg •, Washington, Penna., (Seal) 15301 IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: Estate of ) SAMUEL L. VAN EMAN, SR., a/k/a S. L. VAN. EMAN, SR.,} ajkja SAMUEL L. VAN EMAN, : Deceased. ) 0 R D E R upon consideration of No. 63-69-767 IT IS HEREBY DIRECTED that a citation issue directed to Mary van Eman Soffel, Executrix, of the Estate of samuel L. Van Eman, Sr., a/k/a s. L. van Eman, Sr., a/k/a Samuel L. van Eman, deceased, and to Mary Van Eman Soffel, as sole legatee under the Will of Samuel L. van Eman, Sr., a/k/a s. L. van Eman, Sr., a/k/a Samuel L. Van Eman, deceased, to show cause why Falconi Motor Company, Inc., shou<ld not be per- mitted to proceed with Writ of Execution against the real estate of the within Estate and to proceed with Sheriff Sale. ~ w~u,/ q::Jd .. ~-~ 117""' ~ , ...... <:> f"'r, n. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: Estate of SA11TIJEL L. VAN EMAN, SR. , : a/k/a S. 1. VAN EMAN, SR., ) a/k/ a SMllUEL 1. VAN EMAN, · Deceased. ) No. 63-69-767 ANSWER TO CITATION AND PETITION AND NOW comes Mary Van Eman Soffel, Executrix of the Estate of Samuel 1. Van Eman, Sr., a/k/a s. 1. Van Eman, Sr., a/k/a Samuel 1. Van Eman, Deceased, and sole legatee under the Will of said decedent and makes the following ans1rver to the citation and petition of Falconi Motor Company in the captioned matter: 1. The averments of paragraph No. 1 of the Petition are admitted in part and denied in part. It is denied that Falconi Motor Company is the holder of the first lien against all of the real estate of Samuel 1. Van Eman, Sr., a/k/a s. 1. Van Eman, Sr., a/k/a Samuel 1. Van Eman, deceas~d; and, on the contrary, it is averred that the said decedent acquired no interest in any real estate of vvhich his 1rvife, Margaret W. Van Eman, died seized until the date of her death, which was subsequent to the entry of the hereinafter mentioned judgment at No. 110 November Term, 1964 D.S.B. In further answer to the averments of said paragraph, it is averred that there is of record in the Recorder's Office of Washington County, Pennsylvania, a certain agreement between Samuel 1. Van Eman, Sr. et ux. and Samuel L. Van Eman, Jr. dated May 14, 1962, of record in Deed Book 1138 page 266, the status of which has not bee~_adjudicated, and that the said Samuel L. Van Eman, Jr. has tendered the sum of $1.00 as the purchase price called for in said agreement. In further answer to the averments of said paragraph No. 1, it is averred that a judgment entered at No. 110 November Term, 1964 D.S.B. was entered against, inter alia, Margaret E. Van Eman, as by reference to .the record thereof will more fully appear, and that any revival of the lien of said judg- ment was ineffective to create, or continue, any lien against the real estate acquired by the said Samuel 1. Van Eman, Sr. under the Last Will and Testament of his wife, Margaret W. Van Eman. The remaining averments of said paragraph are admitted. 2. The averments of paragraph No. 2 of the Petition are admitted. 3. The averments of paragraph No. 3 of the Petition are admitted in part and denied in part. It is denied that proceedings at No. 542 September Term, 1969 A. D. for the purpose of reviving and continuing the lien of the judgment entered at No. 110 November Term, 1964 D.S.B. were effective as to any real estate of which the said Samuel 1. Van Eman, Sr. died seized, for the reasons more fully hereinabove set forth in paragraph numbered 1 of this Ans'.ver. It is denied that judgment was entered on December 11, 1969, for the sum of $123,305.00, as by reference to the record thereof will more fully appear. The remaining averments of said paragraph are admitted. 4. The averments of paragraph No. 3 of the Petition are admitted. 5. The averments of paragraph No. 5 of the Petition are neither admitted nor denied, and the answering parties believe, and therefore aver, that the same are not material or relevant to the matter in issue. 6. For further answer to the averments of said Petition, it is averred that an execution as prayed for by the petitioner, if approved by your Honorable Court, would substantially exhaust -2- the assets of said estate to the detriment, loss and damage of claimants who, under the Decedents' Estates Laws of this Commonwealth, have preferred claims. 7. In further answer to the averments of said Petition, the answering parties, being informed, therefore believe and aver that the judgment, upon \"lhich execution is sought, arose out of a "confessed judgment" and that execution on such judgments-by the Sheriff of Washington County has been restrained by an Order of the United States District Court for the \'Jestern District of Pennsylvania in a Civil Action at No. 70-503 in said Federal Court. 8. The ans\vering parties, being informed, believe and therefore aver, that your Honorable Court's approval of the petitioner's request would result in irreparable harm to numerous persons, who have had no notice of the Citation, the Petition or the relief sought and who have had no opportunity to appear and make answer thereto; and that, therefore, this Honorable Court, in the exercise of its equitable powers, should refuse the relief sought by the petitioner. 9. In further answer to the averments of the Petition, the answering parties being informed, believe and aver that the Petition does not show sufficient cause nor the required necessity for approval by your Honorable Court under Section 607(a) of the Fiduciaries Act of 1949 (20 P. s. 607). 10. In further answer to the averments of the Petition, the ans1;vering parties, being informed, believe and aver that the provisiom·of the Fiduciaries Act of 1949 fully, adequately and specifically set-:-· forth, and provide . ., . the proper and legal action in handling the claim of the petitioner and afford the petitioner the full and adequate relief, to which it may be -3- entitled for and on account of the claim set forth in its Petition. \'JHEREFORE, shovfing as aforesaid, the ansvvering parties respectfully request that the Citation to Show Cause heretofore issued in the captioned case be discharged and the permission to proceed with an execution and Sheriff's Sale be refused. 22 ~~·~ 1Ma;;:q Van Eman Soffe)XeCUtrix &;~;:}(~~~ MarariEman Soffel, egatee -4- r ' r , COMM:ONWEALTH OF PENNSYLVANIA ) ) ss COUNTY OF WASHINGTON' ) Before me, the undersigned authority, personally appeared MARY VAN EMAN SOFFEL, Executrix of the Estate of Samuel 1. Van Eman, Sr., a/k/a S. 1. Van Eman, Sr., a/k/a Samuel 1. Van Eman, deceased, and as sole legatee under the Will of said decedent, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Answer to and Petition Citation/are true and correct to the best of her knowledge, information and belief. Sworn to and subscribed before me this c2~zt · day of October, 1970 ~~-/~ Mrs. Mary P. Zeman, Notary Public Canonsburg, Washington County, Pa. My Commission Expires June 26, 1971 IN THE COURT OF COl\!Il\!ION PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS' COURT DNISION INRE: Estate of SAMUEL L. VAN EMAN, SR., a(kja S. L. VAN EMAN, SR., ajkja SAMUEL L. VAN EMAN, Deceased. ( ) ( ) ( ) ( ) ( No. 767 of 1969 ORDER OF COURT AND NOW, April1, 1971, Petitioner, Falconi Motor Company Inc., having presented its Petition for Leave of Court For Execution and For Sale of Real Estate, and hearing having been had thereon, in consideration of the pleadings, testimony and stipulations of counsel, the Court grants leave to Petitioner to issue execution on its judgment or judgments, and thence make sale of the real property of the estate of the above-named decedent. . By the ,Court, . I ' J. / ·J "\. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION IN RE: ESTATE OF SAMUEL L. VAN EMAN, also known as SAMUEL L. VAN EMAN, SR. DECEASED. NO. 63 -69 -594 TO: THE HONORABLE P. V. MARINO, JUDGE OF SAID COURT 11P1 No. 63-69 -~ The petition of Samuel L. Van Eman, Jr. respectfully represents: l. That Samuel L. Van Eman, also known as, Samuel L. Van Eman, Sr., late of North Strabane Township, Washington County, Pennsyl- vania, died on or about December 5, 1968, testate, and that Letters Testa- mentary upon his estate were issued to Mary Van Eman Soffel by the Register of Wills of Washington County, Pennsylvania on July 7, 1969. The said Mary Soffel is also the sole beneficiary under the terms of the Will of decedent, Samuel L. Van Eman, Sr. 2. That the said decedent died seized of the following described real estate in North Strabane Township, Washington County, Pennsylvania, a copy of which is attached hereto and incorporated herein by reference thereto and marked Exhibit "A". 3. That the said Samuel L. Van Eman, Sr. and Margaret S. Van Eman, also known as Margaret W. Van Eman, his wife, executed an Article' of Agreement dated May 15, 1962 and recorded in the Office of the Recorder of Deeds of Washington County, Pennsylvania on October 1, 1962 in Deed Book 1138, page 266, whereby said Samuel L. Van Eman, Sr. et ux. agreed to sell the real estate described hereinabove to your petitioner Samuel L. Van Eman, Jr. for the sum of one ($1. 00) dollar; said Article of Agreement reserving a ., .. life estate in tract number one ( 1) in and to the said Samuel L. Van Eman, Sr. and Margaret S. Van Em an his wife. A copy of said Article of Agree- ment is attached hereto and incorporated herein by reference thereto and marked Exhibit 11 B11 • 4. The real estate described in Exhibit 11 A11 herein was held by Samuel L. Van Eman, Sr. and Margaret S. Van Eman, his wife, as tenants by the entireties, tracts numbers one and two ( 1 & 2 ) having been conveyed to the said Samuel L. Van Eman and Margaret S. Van Eman, his wife, by deed from Samuel L. Van Eman, et ux., dated January 14, 1955 and of record in the Office of the Recorder of Deeds of Washington County, Pennsyl- vania in Deed Book 918, page 371, and tract number three (3) herein, having been conveyed to Samuel L. Van Eman, Sr. and Margaret W. Van Eman, his wife, by deed from Samuel L. Van Eman, Sr. dated February 18, 1947 and recorded in the Office of the Recorder of Deeds of Washington County, Pennsyl¥' vania in Deed Book 723, page 119. 5. The said Margaret S. Van Em an, also known as Margaret W. Van Eman died, testate, on October 29, 1968 whereby title to said real estate vested in Samuel L. Van Eman, Sr. as the surviving tenant by the entireties. 6. That since the death of the said Samuel L. Van Eman, Sr. Petitioner has tendered to the Executrix the purchase price called for in said Article of Agreement, but a deed therefore has never been delivered and executed to him. Whereby petitioner prays your Honorable Court to award a cita- tion directed to the said Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Em an, Sr. and Mary Van Eman Soffel, individually as sole beneficiary of the estate of Samuel L. Van Em an, Sr., deceased, command- ing her to appear and to show cause why a Decree for(9.""\ specific performance of said agreement should not be entered and a deed thereunder executed and delivered to the petitioner in fee simple. etitioner # ... ·; COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF WASHINGTON Before me, the undersigned authority, personally appeared Samuel L. Van Em an, Jr. , who, being duly sworn according to law, deposes and says that the facts contained and set forth in the within Petition are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this~ of April, 1972. y J EXHIBIT "A" ALL :those two certain traots of land situate in North Strabane Township, Washington County, PennsyLvania, being portions of the original Samuel L. Van Eman Farm, and :being separately and more patiticularly bounded and described as foHows, to wit: · TRACT 1. Beginning at a point in the center line of the p11esent State Highway leading from Canonsburg to McMurray at the dividing line between the Van Eman tract and tract now or formerly of Johnston; thence by the . center line of said State Highway, South S5° 42' East a distance 232.7 feet; thence continuing by the center line of said highway by a curve to ;the left having a radius of 977.06 feet a distance of 652.0 feet to a point; thence continuing by same North 55° 57' East a distance of 262.0 feet to a point; rtihence by pa't'cel conveyed by James J. •' Van Eman et ux. ·et aL or their predecessors in title, to Samuel L. Van Eman (Deed Book 552, page 670 and Deed .J Book 552, page 663) South so 57' East a distance of 349.5 feet to a poilllt on the northerly side of the right of way of the P:iJtrt:sburgh-Canonsburg-Washington Street Railways Company; thence by the northerly line of said right of way a curve to the le£t having a radius of 3Sl9.S3 feet, a distance of 11l.S feet Ito a point; thence by same, North Sl o 03' East a distance of 970.0 feet to a point; thence crossing said right of way and by line of land condemned by the United States of America, later Defense Plant Co11poration, now Pennsylvania Transformer Company, South 22° 56' East a distance ·Of 567.0 feet, more or less to a point; thence by land of the Pennsylvania Transformer Company SoUJth ,51 o 20' West a distance of 66.35 feet; thence by same South 36° IS' East a distance of 250.S5 feet to a point; thence by line of land of W. L. McDowell and land of A. C. and J. B. Fulton, South 30° 26' West a distance of 1232.1 feet to a point; thence by lands of A. C. and J. B. Fulton, South 3S 0 42' West a distance of S38.2 feet to a point; thence by lands of Dr. G. P. Schmieler, North 45° 26' West a distance of 1194.36 feet to a point; thence by same, North 44° 55' West a distance of 66S.2 feet to a point; ·thence by land now or formerly of Johnston, North 1° 1 7' West a distance of 1050.70 feet to the point in 'the center of the State Highw:;1y, the place of beginning. Containing an area of 96.20 aores, according to a survey made November, 1950 by H. M. Day, Engineer, of Canons- burg, Pennsylvania. TRACT 2. BEGINNING at a 'point in the center line of the present State Highway leading from Canonsburg to McMurray at !the northeast corner of •pall'cel heretofOre conveyed by James J. Van Eman et ux et al., or their predecessors in title, to Samuel L. Van Eman (Deed Book 552, page 66S and Deed Book 552, page 670); thence fmm said point ofbeginning and along or ne~r the center line of an intersecting !township road ~leading to Hill's Stati<m and ·!Pong line of tract containing l.3S ~cres heretofore conveyed by James J. Van Eman et ux. et al., or tl1ejr predecessors in title, to Santqel L. Van Em~~. Jr., (Deed ;Book 62S, page 496), No~th 22° 31' West 292.0 feet ·1:9 ~ J)oillt in Chartiers Creek, thence down said· Creek and along line of lands now or formerly of Wallace Gil~eson,"Nonh 54° 49' East 1327.15 feet to a point; thence continuing down said, Creek and along said last mention~cilands, Nor,th 75° 03' East 412.5 feet to a point at its confluence with Little Chartiers Creek; thence up said Little Cha:rtiers Creek and along line of lands of Mrs. David Snodgrass, South 16° 03' West 717.4 feet; thence continuing up said Creek and along said last mentioned lands, South 5° 13' West 150.0 feet to a point in said Creek and at or near the projection of the center line .of the Cannosburg-McMurray Road aforementioned and at ,the northeast corner of tract of 11.24 acres heretofore conveyed by the grantors herein, or their predecessors in title, to Samuel L. Van Eman, Jr., (Deed Book 629, 1page 411); thence leaving said Creek and in or near the .center line ... of said Canonsburg-McMurray Road and along line of said tract heretofore conveyed to Samuel L. Van Eman, Jr., South 76° 03' West 1197.8 feet to a point in or near the center line of said Canonsburg-McMurray Road, the place of beginning. Containing an area of 17.942 acres, aCC·Ording to a survey made November, 1950 by H. M. Day, Engineer of Canonsburg, Pennsylvania. EXCEPTING AND RESERVING, however, from and out of the described tracts or parcels of land all con- veyances heretofore made and of record in the office of the Recorder of Deeds, Washington County, Pennsylvania, being the same property conveyed to Samuel L. Van Eman and Marga·ret S. Van Eman by deed dated January 14, 1955 and ·recorded in the office of the Recorder of Deeds, Washington County, Pennsylvania, in Deed Book 918, Page 317. ALL that certain piece or pa:ocel of land situate on rthe south side of a public road leading from Canonsburg to McMmray in North Strabane Township Washington County, Pennsylvania and bounded and described as follows, to wit: -.. BEGINNING at a stake in the not'th ~ine of the .right-of-way of the Pittsburg, Canonsburg & Washington· Railway Co., thence by the same South S2° W. seventy-one and seven-tenths (71.7) feet to a stake; thence by the same in a curve to .the right with a radius 3Sl9.S3 feet for a distance of one hundred eleven and eight tenths (111.8) feet to a stake; :thence by other land of the grantors, No11th soW. three hundred forty-nine and five-tenths (349.5) feet to a stake in the center of public road; thence by .the same N011th 56 o 50' East thirty-eight ( 3S) feet to a stake; thence North 75° 46' East one hundred fourteen and nine-tenths (114.9) feet to a stake in line of other property of :the grantors; thence by the same South 13' 15° East three hundred eighty-one and five-tenths (3Sl.5) feet •to the ~:(' rig:ht-of ... way of the Pittsburg, Canonsburg & Washington RaiLway Company, the place of beginning. EXCEPTING AND RESERVING, however, from and out of the described tracts or parcels of Land aH convey- ances heretofore made and of record in the office of the Recorder of Deeds, Washington Co u n 1: y, Pennsylvania, being the same property conveyed to Samuel L. Van Eman and Marga:ret S. Van Eman by deed and recorded in the office of :the Recorder of Deeds, Washington County, Pennsylvania, in Deed Book 552, page 671. -----------~-----------------.~::~ .. , EXHIBIT "B" YTICJd Ql AGYJ!II!T ......... thia ·1' .P. 1 nnue ~. day of May, 962, aB'ftfBD WUIL L. V¥ DIAN, SR. and MARGARET s. VAN J!tN:q, alao known ae NARGAUT W. VAN BMAN, his wife, of North Strabane Townahip, Waahington Q)unty, Pennaylvania, partiea of the firat part, a n d SAMUIL L. ~ IMAN 1 ~·· of North Strabane ~ahip, Waah- ington County, Pennsylvania, party of the second part. Samuel L. Van Bman, Sr. and Margaret s. Van lman, a/k/a Margaret W. Van J:man, in conaideration of One Dollar and natural love and attection, do hereby agree to grant and convey unto Samuel L. van Bman, Jr., hia heira and assigns, ·r/ ""--• . •'- ALL those~ certain tracts of land situate in North Strabane Townahip, Washington County, Pennaylvania, being,JOrtiona of the original Samuel L. van Bman farm, Tract No. 1 consisting of 96.20 acres, more or leaa, described as Tract 1 in deed of Jamea J. Van Bman, et ux, et al, to Samuel L. Van Eman, dated November 24, 1953, recorded in Deed Book 891, page 281, Recorder's Office of Waahington County, and Tract No. 2 containinq 17.942 acres and C'!Atacribed •• Tract 2 in tne afor•••.l·d ~ed, together w.tth their firat part, a life eetate in Tract 1 referred to above and excepting and reaerving therefrom and thereout all conveyance• hereto fore made. Thia Avre..ant ia made under and aubject to all mortgagea, .. ~ ' ' .. .. : -~~. \ ?. ~ -~ J l.!. ~.J .:; .. !· .·{~~. 'o• l , " ·~·ll'•;'r ju4fMDU or othU Uena outatan4ing againat tha-foraeai4 pr:•:,.l!~'• lli .. a and aub;j~t to a 110rt9i9e to be pl~cec!. ~n the aforeaa.t~·;: pr.-1 .. • tC) John GUzik in a. principal &lloun!-··~oit ,. ·-~c~ed~n9.. ; ·. ·. ,~~· .,:ij .. :·~· ·~·· \• . . ,· . . ... : , r''· .:~.~;:· ·> ~-· . •' f2S,OOO, ai'l4 the ~party of the •ec:ond pa~~·:·her~--.•~•~•··.~n~ . -· ' ',· . . . '· . . . ·.. . : :' l?i::;,:;.::· . : . ll. ' . ' .. _. ..... t.. ,., 1&ll .ortitaCJ••, j',ddgar.eht.a· _:or ·:o1fta't;~C'~·ri9. ,· .. ·--···-~ atw;!d!S J.r.ataea, . ' .·' . '"~L\ii;~Ji.;~{~;.~>, ··· .. -.·.; .. / , ... ,, ,thii ah~~n· o~"-~itl,e~ ~· ·.·. · .... ' ,. ::.' ::;> . . ·fr{· -{.' ~ ...... •' ·:·~J~· ;.t .~--;:~~-~ .•.•. _, ··~·.•}' .· .. ·' · .. ·=::,,-:: ·-1W.'fiar;iiea·''ot ·.ehe t:frat.-i ·.· ·rt . ·:'j~;~i~,,~ : ... ;· a#d,,au~ft~:lnt',:Hd .. ;~.) :,.·. ·: '~ ' ~~ -·~ ori· ... c>t: ~belo.re ~- ; •·• ... ~.. ~· -; ~' . ·''r.t. . • / ~.' : ~; ·~, I ·: • . ·~· ·.· ,., ~ j:~': :: ., ~ .. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY) PENNSYLVANIA ORPHANS COURT DIVISION IN RE: Estate of Samuel L. Van Em an, also known as Samuel L. Van Em an, Sr. , Deceased. ORDER No. 63 -69 _]/s7 dJ. AND NOW, this /Q~y of April, 1972, upon consideration of the annexed Petition, it is ordered that a Citation be awarded as prayed for, directed to Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Em an, Sr. , Deceased and Mary Van Eman Soffel, individually to show cause why a deed of conveyance should not be executed by Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Em an, Sr. Deceased to Samuel L. Van Eman, Jr. as prayed in the within petition. At least / o:c:::--4 t / tQ days notice of the hearing sh~ll be given t to Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, Sr. Deceased and Mary Van Eman Soffel,. in€lividually, by p€H'sgaal se-e-¥ke. ) .. . ·.• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF SAMUEL L. VAN EMAN, also known as SAMUEL L. VAN EMAN, SR., DECEASED ) ?'-1 ) No. 63 -69 -~ ) ANSWER TO CITATION TO SHOW CAUSE AND PETITION FOR SPECIFIC PERFORMANCE AND NOW come: Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, Deceased, and Mary Van Eman Soffel individually, by her attorneys, Zeman and Zeman, and make: the following answer to the Citation to Show Cause and the Petition for Specific Performance of Samuel L. Van Eman, Jr.: 1. The averments of paragraph No. 1 of the Petition are admitted. 2. The averments of paragraph No. 2 of the Petition are admitted. 3. The averments of paragraph No. 3 of the Petition and the implications and conclusions thereof are denied as stated and implied for the reasons more fully set forth hereinbelow under "New Matter." 4. The averments of paragraph No. 4 of the Petition are admitted. 5. The averments of paragraph No. 5 of the Petition are admitted. 6. The averments of paragraph No. 6 of the Petition are admitted in part and denied in part. It is admitted that John P. Liekar tendered to "Mary Van Eman Soffel,Executrix of the Estate of Samuel L. Van Eman Sr. Deceased" his check in the amount of $1.00 under date of February 17, 1970, but it is denied that such tender constituted timely, proper and full performance by the said Samuel L. Van Eman, Jr. for the reasons more fully set forth herein- below under "New Matter." It is admitted that the answering party has not executed or delivered a deed to the petitioner for the reasons more fully set forth hereinbelow under "New Matter." NEW MATTER For further answer to said Petition, the said Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, Deceased, and Mary Van Eman Soffel, individually, aver the following "New Matter;" 7. The Estate of the said Samuel 1. Van Eman, is still in the course of administration and the said Mary Van Eman Soffel, individually, is neither a proper party to the within action nor can she, as a matter of law, make an effective conveyance of any premises of which the decedent, Samuel 1. Van Eman, died seized. 8. There is a substantial and fatal variance between Exhibits "A" and "B" attached to the Petition. Exhibit "A" purports to describe three tracts or parcels of land, whereas Exhibit "B" only properly and legally covers two tracts, since it refers to a "farm house and curtilage -2~ acres more or less conveyed by Van Eman-Brown Heirs." A parcel of land cannot, as a matter of law, be an "appurtenance" to another tract of land. 9. The "farm house and curtilage -2~ acres more or less conveyed by Van Eman -Brown Heirs" referred to on Exhibit "B" is so indefinite that the premises referred to cannot be ascertained nor can said premises be related to any premises set forth on -2- Exhibit "A." 10. The said Samuel L. Van Eman, Jr. has failed, neg- lected and refused to render the performances required of him by the alleged agreement attached to said Petition as Exhibit "B.n 11. The failure, neglect and refusal of the-said Samuel L. Van Eman, Jr. to pay "all mortgages, judgments or outstanding liens" have resulted in subjecting the premises referred to on Exhibit "A" and other lands, of which the said Samuel L. Van Eman died seized, to execution proceedings now pending in the Court of Common Pleas of Washington County, Pennsylvania. 12. The said failure, neglect and refusal of the said Samuel L. Van Eman, Jr. to render the performances required of him will result in substantial losses to the Estate of said Samuel Van Eman, Deceased. 13. The obligation and duty of the said Samuel L. Van Eman, Jr. to render the aforesaid performances constitute a condi- tion precedent to any duty on the part of Mary Van Eman Soffel, Executrix, to make the conveyance prayed for. 14. The answering party, being informed, believes and therefore avers that the said Samuel L. Van Eman, Jr. had the opportunity to render the performances required of him, which would have preserved valuable assets of the estate and precluded the execution aforesaid, but that he without any reasonable cause, or justification, refused to avail himself of said opportunity to the great loss and damage to the Estate of said decedent. 15. The answering party, being informed, believes and therefore avers, that the said Samuel L. Van Eman, Jr. procured -3- ~ -. . the execution, acknowledgment and delivery of the alleged agreement attached to the Petition as Exhibit "B" through threats, violence, force, coercion and duress and that, therefore, the said alleged agreement was not the free and voluntary act of the said Samuel 1. Van Eman and Margaret S. Van Eman, also known as Margaret W. Van Eman; and that the said alleged agreement is, therefore, not legally enforceable. 16. The answering party, being informed, believes and, therefore avers, that the alleged agreement attached to said Petition as Exhibit "B" calls for consummation on or before June 1, 1962, but that the said Samuel L. Van Eman, Jr. failed, neglected and refused to render any performance required of him thereby or to take any action on account thereo~ to the great loss and damage of the said Samuel 1. Van Eman and the said Margaret S. Van Eman, also known as Margaret W. Van Eman, in their lifetimes and to their respective Estates; and that, therefore, the said Samuel L, Van Eman, Jr. is guilty of laches and cannot, as a matter of law, seek specific performance of the said agreement. WHEREFORE, the said Mary Van Eman Soffel, Executrix of the Estate of Samuel 1. Van Eman, Deceased, and the said Mary Van Eman Soffel, individually, respectfully request that the Rule issued by Citation be discharged and that the Petition of the said Samuel 1. Van Eman, Jr. be dismissed at his cost. By:~~~~~~-+~--~~~~--Mary Van Eman rix of the Estate Van Eman, Deceased, and Mar Eman Soffel, Individually. -4- COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON •. ) ) ) ss: Personally appeared be£ore me, the undersigned authority, Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, Deceased, and Mary Van Eman Sof£el, individually, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Answer are true to the best of her knowledge, information and belief. Sworn to and subscribed before me this ;< rt.L · an Eman Soffel, individually --~ ---------·----------- 1~\fi~/@ff' n ~ l . - IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHAN1 S COURT DIVISION IN RE: ESTATE OF SAMUEL L. VAN EMAN also known as SAMUEL L. VAN EMAN, SR. DECEASED. NO. ANSWER TO NEW MATTER 63 -69 -Z/;l. AND NOW comes Samuel L. Van Eman, Jr., by his attorney J"ohn P. Liekar, and makes the following answer to the New Matter of Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, Sr. Deceased, and Mary Van Eman Soffel, individually. 7. The averments of paragraph No. 7 are admitted in part and denied in part. It is admitted that the estate of the said Samuel L. Van Eman, Sr. is still in the course of administration and it s admitted that Mary Van Eman Soffel, individually cannot make an effective convey- ance of any premises of which the deceased Samuel L. Van Eman, Sr. died seized, but it is denied that Mary Van Eman Soffel, individually is not a proper party to the will in as much as she is the sole beneficiary of said estate and has an interest in the estate which could'. be divested if the prayer of the within petitioner is granted. 8. It is denied that there is a substantial and fatal variance between Exhibits 11 A 1' and ;'B:: attached to the Petition. The first para- graph in Exhibit "N' refers to two tracts of land situate in North Strabane Tc-wnship, Washington County, Pennsylvania, being portions of the origin- al SamueL L. Van Eman farm and describes Tract No. One as containing an area of 96. 20 acres, and refers to tract No. Two as containing an area of 17 .. 942 acres in said Township. Exhibit "B:; refers to three tracts of land in North Strabane Township, being portions of the original Samuel L. Van Eman farm, tract No. One consisting of 91. 20 acres, more or less and tract No. Two containing an area of 17. 942 acres. The third tract set forth in Exhibit rrAn, being an unnumbered tract, corresponds to the holographic interlineation at the end of page three (3) of Exhibit ''B". The references to source of title set forth in both Exhibits "A" and nBrr clearly establishes the common source of title from which a proper description of the three tracts can be determined. The reference to 11 farmhouse and curtilage'' is argumentative and not a proper allega- tion and is not, therefore, either denied or admitted. 9. Denied for the reason set forth in paragraph eight hereinabove, which is incorporated herein by reference thereto. 10. The allegation contained in paragraph ten (10) is denied and it is averred that Samuel L. Van Eman, Jr. stands ready, willing and able to perform any and all things required by. said agreell?ent. 11-' The allegation contained in paragraph ll is denied and it is averred that the said Samuel L. Van Eman, Jr. stands ready, willing and able to discharge all mortgages, judgments or outstanding liens, 12. The allegation contained in paragraph 12 is neither admitted nor denied as the said Samuel L. Van Eman, Jr. has no means of determining the nature of losses which may be incurred by the estate of Samuel L. Van Em an, and demands proof of the same. 13 13. The allegation in paragrapW is denied as the conditions: set forth in said Article of Agreement are in the nature of a personal as- sumption by Samuel L. Van Em an, Jr. , .conditioned upon conveyance of said premises to him. 14. The allegations contained in paragraph 14 are denied and it is averred that Samuel L. Van Em an, Jr. has diligently pursued all reasonable means to comply with the terms and conditions of said agreement but has been thwarted by the answering party1 s refusal to execute a deed as provided for in said agreement, a copy hereto which is attached as Exhibit "B 11 • in the Petition. 15. The allegations contained in paragraph 15 are denied, and it is averred that the said Article of Agreement was executed in the presence of the Counsel for Samuel L. Van Em an, Sr. and Margaret S. Van Eman, and was their free and voluntary act as is evidenced by the Jurat inscribed in said agreement. 16. The allegations :in paragraph 16 are denied and it is averred that Samuel L. Van Em an , Jr. repeatedly demanded delivery of a deed that was provided for in said agreement, but the Party of the First Part in said agreement and the parties to this action failed to per- form. WHEREBY, Petitioner respectfully requests that the rule b~ made absolute and that the prayer of petitioner be granted. COMMONWEALTH OF PENNSYLVANIA COUNTY OF W ASIDNGTON SS: Before me, the undersigned authority, personally appeared Samuel L. Van Eman, Jr., who, being duly sworn according ... to law, deposes and says that the facts contained and set forth in the within Ansvier are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this fJt, day of ~ ' 1972. ~t~~ tary Publlc ...... p fl.ltN UWR. Notary Publk: Ill' • tJI. Wa$lfiri&COtt Gt., ,_, -~.., .. .......... .- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF SAMUEL L. VAN EMAN, also known as SAMUEL L. VAN EMAN, SR., DECEASED ) ) ) No. 63 -69 -594 ) ) ) ) SUPPLEMENTAL ANSWER TO CITATION TO SHOW CAUSE AND PETITION FOR SPECIFIC PERFORMANCE AND NOW come Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, Deceased, and Mary Van Eman Soffel individu- ally, by her attorneys Zeman and Zeman, and make the following Supple- mental Answer to the Citation to Show Ca~se and the Petition for Specific Performance of Samuel L. Van Eman, Jr. by adding to the original Answer the following two paragraphs of "New Matter": 17. The alleged "Article of Agreement," a purported copy of which is attached as Exhibit "B" to the petition of Samuel L. Van Eman, Jr., bears the date of May 15, 1962, and requires performance and consummation on or before June 1, 1962, as by reference thereto will more fully appear. No action was maintained for specific per- formance of said alleged contract until April 10, 1972. The answer- ing party, being informed, believes and therefore avers, that the within action is barred by the five year limitation prescribed by the Act of 1856, April 22, P. L. 532, section 6 (12 P. s. 83). 18:. The said alleged "Article of Agreement" contains apparent, material and unexplained alterations and, as such, cannot support the claim of the said Samuel L. Van Eman, Jr. WHEREFORE, the said Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, Deceased, and the said Mary Van Eman Soffel, individually, respectfully reaffirms her request that the Rule issued by Citation be discharged and that the Petition of the said Samuel L. Van Eman, Jr. be dismissed at his cost. ZEMAN AND ,Z -2- ry Van Eman ix of the Estate n Eman, Deceased, an Soffel, COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ) ) ) ss: Personally appeared before me, the undersigned authority, Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, Deceased, and Mary Van Eman Soffel, individually, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Supplemental Answer are true to the best of her know- ledge, information and belief. Sworn to and subscribed before me this I...< u · day of June, 1973 -~ /) / ry ~ n Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, Deceased (l 9-r;--;.'1, ~-~-/ ~ ~ryan Eman Soffel, individually C}ff;;i.~~ -r ~ Mrs. Ma~Zeman, If6tary:PUblic Canonsburg, Washington County, Pa. My Commission Expires June 26, 1975 J llJ THE COURT OF CO:MMON PLEAS OF WASHThfGTON COUNTY, PENNA. ORPHANS' COURT DIVISION llJRE: Estate of SAMUEL L. VAN EMAN, a/k/a SAMUEL L. VAN EMAN, SR., ( ) ( ) ( ) ( ) ( c 3-t.. r~ 71;>7 No. 63-69-594 Deceased. RULE TO SHOW CAUSE AND NOW, this 23rd day of January, 1973, the undersigned having before him the rrspecial Order Pursuant To Rule 2 Of The Orphans I Court Rules, Extending Time For Filing Exceptionsrr and the "Exceptionsrr, both in the above captioned case, orders and directs as follows: FIRST: It is noted under the Orphans' Court Rules dated December 3, 1951, Section 7: Exceptions, Rule 2, Time of Filing, that a period of ten days is allowed for the filing of exceptions, but that under Section 2: Construction and Application of Rules, Rule 2: Waiver of Time Limitation, provides that the Court may upon its own motion or the motion of any party, extend any limitation of time prescribed by these rules. SECOND: It appears in the rrorderrr presented by Adolph Zeman, Esquire, that the Honorable P. V. Marino handed down an Opinion on January 5, 1973, in this matter. The time for the filing of exceptions would thus routinely terminate at the close of business on Monday, January 15th. THIRD: The undersigned, who, under the circumstances currentlv prevalent, is doing the work of the Orphans' Court this term, was not available on January 15th, being confined to his bed by an unfortunate r I ! ~. e-.-te"' " conililiition of the London Flu· and pneumonia, of which he has only now recovered. Thus during the week of the 15th of January, the Honorable P. V. Marino, being the victim of a long-time illness and only handling back work, and the undersigned,handling current work, being unavailable, there was no one sitting in Orphans' Court to act promptly. FOURTH: A review of the exceptions show that the taking of them would not on their face be prejudicial to the opposing party. The Court there issues a Rule upon the said Samuel L. Van Eman, Jr., Respondent, being the verdict winner in the Opinion of Judge Marino, that he show cause, if any there be, why the rules be not suspended and the exceptions be filed so that the same may be argued in due course. Said Rule to be returnable on the 9th of February, 1973, at 11:30 A. M., at which time counsel will be received and argument heard if necessary. All proceedings to stay meanwhil • -2- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In re: Estate of SAMUEL L. VAN EMAN, a/k/a SAMUEL L. VAN EMAN, SR., Deceased ) ) ) No. 63-69-594 ) ) ) ) EXCEPTIONS AND NOW comes r4ary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, Sr., and Mary Van Eman Soffel, individually, by her attorneys, Zeman and Zeman, and excepts to the Opinion of Marino, P. V., Judge, under date of January 5, 1973, and avers as follows: 1. Margaret W. Van Eman, mother of Samuel L. Van Eman, Jr, died on December 29, 1968, and Samuel L. Van Eman, Sr., the father of said Samuel L. Van Eman, Jr., died on December 5, 1968. 2. During the lifetime of the said parents, they entered into an Article of Agreement with Samuel L. Van Eman, Jr., under date of r4ay 15, 1962, agreeing to grant and convey unto Samuel L. Van Eman, Jr., his heirs and assigns, three tracts of land situate in North Strabane Township, Washington County, Pennsylvania: Tract No. 1 con- sisting of 96.20 acres; Tract No. 2 consisting of 17.942 acres; together with a third Tract of land not described by acreage. Said Agreement also granted the right of way or driveway in the aforesaid tracts, together with the farmhouse and curtilage of 2~ acres, more or less. 3. Said Agreement further provided that the parties of the first part would have a life estate in Tract No. 1 and further the Agreement was made Under and Subject to all mortgages, judgments or or other liens outstanding against the aforesaid premises and subject to a mortgage to be placed upon the aforesaid premises, to John Guzik in a principal amount not exceeding $25, 000 .• 00 and the said Samuel 1. Van Eman, Jr. assumed and agreed to pay all mortgages, judgments or outstanding liens on the aforesaid premises. 4. The Court erred in failing to apply the Dead Man's Rule in Samuel 1. Van Eman; Jr.'s presentation of his case, which con- stituted an error of lavJ. 5. The Court erred in failing to find that the Estate of Samuel 1. Van Eman, Sr. is still in the course of administration and the said Mary Van Eman Soffel, individually, is neither a proper party to the within Action nor can she, as a matter of law, make an effective conveyance of any of the premises of which the decedent, Samuel 1. Van Eman, Sr., died seized. 6. The Court erred in failing to find that the description of the tracts in the Agreement vilas sufficiently specific in that it excepted and reserved a farmhouse and' curtilage with 2~ acres, more or less, adjacent thereto. 7. The Court erred in failing to find a default by Samuel 1. Van Eman, Jr. in the payment of the mortgage and other liens as referred to in said Agreement. 8. ·The. Court failed to find that, as a matter of law, the Agreement was unconscionable and inequitable, inasmuch as the Agreement purported to convey substantial tracts of land of a value far in excess of the consideration of $1.00 as mentioned and con- firmed in said Agreement. -2- ' ' 9. The Court erred in failing to find that the Agree- ment could not be completed in the lifetime of Samuel 1. Van Eman, Sr. 10. The Court erred in failing to apply the Dead Man's Rule with the result that a fraud was perpetrated on Samuel 1. Van Eman, Sr. 11. Samuel 1. Van Eman, Jr. is guilty of laches, since nothing was done by him to enforce the Agreement for a period in excess of six years, or until after the death of Samuel 1. Van Eman, Sr. As a result of laches of Samuel 1. Van Eman, Jr. and the fraud perpetrated on Samuel L. Van Eman, Sr., the Estate of Samuel L. Van Eman, Sr. has suffered immeasurable damages and it is important to fully and completely administer the Estate of the said Samuel 1. Van Eman, Sr. By:~~~~~~~~~~~~~ . z Attorneys for the L. Van Eman, Deceased These exceptions are not intended for del~. llJ THE COURT OF COJVIMON PLEAS OF WASHllJGTON COUNTY, PENNA. ORPHANS' COURT DIVISION llJRE: Estate of SAMUEL L. VAN EMAN, a/k/a SAMUEL L. VAN EMAN, SR., Deceased. ( } ( ) ( ) ( ) ( No. 767 of 1969 OPINION Marino, J. , January ___Jr; 1973. Plaintiff petitioner, Samuel L. Van Eman, Jr., prays for a Decree directing Mary VanEman Soffel, Executrix of the Estate of Samuel L. VanE man, Sr., Deceased, and Mary VanE man Soffel, individually, to convey land described in his petition to him and marked Exhibit uA rr, said I land being in two tracts in North Strabane Township, Washington County, Pennsylvania, with certain exceptions and reservations as set forth in said Defendant answers that the Agreement, dated May 15, 1962, and marked Exhibit rrB 11 , is not legally enforceable because it was not the free and voluntary act of said Samuel L. VanEman, Sr., and Margaret S. VanEman, his wife. She states that her father and mother were subject to physical abuse and that all said abuse was for the purpose of securing execution of the Article of Agreement listed as Exhibit rrB rr herein and dated May 15, 1962. However, defendant introduced no revelant testimony to show such matters of physical abuse nor any facts to show that the said Agreement of said date was not the free and voluntary act of the parties thereto. The Court believes that the plaintiff is clearly entitled to specific performance of the Agreement, and herewith orders her to execute and deliver a deed of conveyance of said lands described in plaintiff's petition in thirty days from this date. ~;:~-e-;;ur t, v/ < -2- r------,-------------- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COUR'I; DIVISION IN RE: ESTATE OF SAMUEL L. VAN EMAN, a/k/a NO. 63 -69 -767 SAMUEL L. VAN EMAN, SR., · .. ,. DECEASED. ' NOTICE OF CLAIM TO: THE CLERK OF THE ORPHANS' COURT: Enter the claim of S. L. VAN EMAN, JR., in the amount of $12, 110.00, against the above entitled estate. The Decedent, who resided in North Strabane Township, Washington County, Pennsylvania, qied December 5, 1968. Notice of this claim is given to Robert L. Zeman, Esq., Zeman Law Building, Canonsburg, Pennsylvania, 15317,. Counsel for the Executrix of said Estate, this date, by mailing a copy of this Notice of Claim to his office. Date: 23 April 1973 Claimant's Counsel: John P. Liekar, Esq. Mellon Bank Building Canonsburg, Pennsylvania, 15317 15317 , Claimant ~ 3-t:,c;-7io 7· ESTATE OF SAMUEL L. VAN EMAN, SR., f \ L. E 0. DECEASED . . '13 ~PR ?.1 Pt\ 3 01 RUS St.LL ~.U.R\HO nE.GISTER Of WILLS WASH\Ni~TON CO .• PA. NOTICE OF CLAIM -1<) ~ ~ . ~~ ~ '.9 ·~~ ,~ ~ ~,,~~ ~ "1 ~ '\ ~~ _j_ /?~» 611 - " ~ . llJ THE COURT OF CO:MJVJ:ON PLEAS OF WASHllJGTON COUNTY 1 PENNA. ORPHANS' COURT DIVISION INRE: Estate of SAMUEL L. VAN EMAN, ajkja SAMUEL L. VAN EMAN, SR., Deceased. ( ) ( ) ( ) ( ) ( OPINION SIMMONS, J., January ---!1--, 1974. No. 63-69-767 Samuel L. Van Eman, Jr., pursuant to a petition, obtained a Citation against Mary Van Eman Soffel, individually, and as Executrix of the Estate of Samuel L. Van Eman, Sr., Deceased, to show cause why she should not execute a deed to the said Samuel L. Van Eman, Jr. The substance of the petition was that Samuel L. Van Eman, Sr., and Margaret S. Van Eman, his wife, executed an Article of Agreement unde date of May 15, 1962, wherein they agreed to sell three tracts of land in North Strabane Township, Washington County, Pennsylvania (two of substanti l size) which they held by the entireties, to the said Samuel L. Van Eman, Jr., for the sum of $1.00. The said Margaret S. Van Eman died on October 29, 1968, and the said Samuel L. Van Emap., Sr., died on December 5, 1968, testate, devising his entire estate to the said Mary Van Eman Soffel, whom he also appointed Executrix. The Petitioner alleged the tender of the sum of $1.00 to the Executrix, but that a deed had never been delivered to him. Attached to the petition was a photostatic copy of the alleged Article of Agreement dated May 15, 1962. The said Article of Agreement referred generally to two tracts (in which a life estate was reserved to the sellers in the larger tract), what appears to be an easement over a 2-1/2 acre parcel, a closing date of June 1, 1962, and the payment of various obligations by the purported vendee. The purported agreement bears the signature of a witnes and informal acknowledgment of a notary pub lie. In her Answer to the Citation, the said Mary Van Eman Soffel alleged that the Estate of Samuel L. Van Eman was still in the course of administration and only the fiduciary could effectively carry out a conveyanc that the purported Agreement was vague and indefinite; that the said Samuel L. Van Emap., Jr., failed to render the pre-conditional performances required of him by the Agreement, which subjected the Estate of the said Samuel L. Van Eman to serious financial losses and, therefore, the Estate had no obligation to convey; that the Article of Agreement was procured by violence, force and coercion and was not the voluntary act of the said Margaret S. Van Eman and Samuel L •. Van Eman; and finally, that the said Samuel L. Van Eman, Jr., was gu!lty of laches to such extent that estates of said decedents were greviously damaged. The matter was set down for hearing before the Honorable P. V. Marino on July 7, 1972, and a record was taken and lodged at No. 767 of 1969 of the Orphans' Court Division of the Court of Common Pleas of Washington County, Pennsylvania. Under datelof January 5, 1973, the Orphans' Court Division throug Marino, J., rendered an Opinion stating that rt ••• The Court believes that the plaintiff is clearly entitled to specific performance •..• rr apparently basing its judgment on the fact that the uDefendanttt did not produce sufficient evidence that Margaret S. Van Eman and Samuel L. Van Eman, Sr., were subject to such physical abuse that the Agreement was not their free and voluntary act. -2- •· Mary Van Eman Soffel filed eleven exceptions to the Opinion of the Court. Basically, these exceptions consist of: 1. That Samuel L. Van Eman, Jr., failed, neglected and refused to comply with the undertakings required of him in the Agreement; and being in default, could not seek enforcement of the Agreement. 2. The Court failed to apply the Dead Man's Rule in the plaintiff's presentation of his cas e. 3. Mary Van Eman Soffel, individually, is not subject to the mandate of the Court in making a conveyance, since she is not at this stage, a proper party for such purpose. 4. The Court failed to find as facts matters of public record which constitute liens upon the land involved, and, therefore, defaults by the plaintiff. 5. The Agreement was vague as. to its subject matter and inequitable as to its terms. 6. The Court erred in failing to find that the Agreement could not have been completed in the lifetime of Samuel L. Van Eman, Sr. 7. In failing to apply the Dead Man's Rule, a fraud has been perpetrated on the Estate of Samuel L. Van Eman, .Sr. 8. The plaintiff is guilty of laches, not merely from the long lapse of time, but because of the peculiar circumstances involved, the Estat of Samuel L. Van Eman, Sr., has suffered immeasurable damages. Subsequently on June 15, 1973, a supplementary hearing was held on the above matter at which time additional evidence was presented by Mr •. Liekar, Attorney for Samuel L. Van Eman, Jr., claimant. At this hearing, Attorney Samuel L. Rodgers appeared as a witness, at which time he identified the Article of Agreement of May 15, 1962, as being genuine. -3- • Further, he testified the inter lineations in the said document were made by him prior to the execution of the document and that the parties to the agree- ment were sui juris and competent to execute the same. In addition, Felomena Petardi testified that she acknowledged the Article of Agreement which was identified as Exhibit nA11 and further that she notarized a statement identified as Exhibit rrBrr written in the handwriting of Samuel L. Van Eman, Sr., dated August 8, 1964, which statement acknowledged the original writing as a subsisting agreement. The said Samuel L. Van Eman, Sr •. , was a party who was charged with liability on the original Article of Agreement dated May 15, 1962. Testimony was closed and the matter is now ripe for decision. As the Court now sees this matter, there are three issues now before the Court: 1. The applicability of the Act of 1856, April 22, P~ -L. 532, s-ection 6 (12 P. s. 83}; 2. The matter of interlineations or alterations in the Article of Agreement at issue; and 3. Applicability of the Act of 1887, May 23, P. L. 158 Section 5, clause (e) (28 P. S. 322). As to the first issue involving the applicability of the Act of 1856, wherein suits for specific performance must be filed within five years after the contract was made unless the contract has been acknowledged by writing to subsist by the party charged therewith, it would seem that the Act does apply. However, it appears clear to this Court that Exhibit rrBn hereinabove mentioned dated August 8, 1964, is a writing which acknowledged the subsistenae of the contract within the five-year period. Even though another five-year period elapsed after the date of Exhibit 11 B 11 , it would appear that the Exhibit uB 11 had taken the matter out of the Act and tolled the Statute of -4- Limitations since there is nothing e~se in the Act that would indicate that a writing acknowledging the contract to subsist must be filed at least every five years •. As to the matter of the interlineations or alterations in the Article of Agreement, it would appear that the same were adequately explained by Attorney Rodgers who is a well-respected member of the Bar of this Court. As to the third issue, the applicability of the so -called 11Dead Man's Rulen, it would seem that the issue is now moot inasmuch as all of the documents were properly proved by Attorney Rodgers and Mrs. Felomena Petardi. Under all of the circumstances in the light of the additional evidenc adduced at the supplementary hearing, we must sustain the Opinion and Orde of Judge Marino, however, with some qualification. It would seem to this Court, that he who asks equity must do equity. On the record, it appears in the Exhibits n1 n through n7rr, that there are many liens of record aga:inst the subject property and it further appears that Samuel L. Van Eman, Jr., promised to pay these liens on the aforesaid premises. It is therefore the order of the Court that the said Mary Van Eman Soffel, as Executrix of the Estate of Samuel L. Van Eman, Sr., shall execute a deed for the subject property to the said Samuel L. Van Eman, Jr., provided that the said Samu l L. Van Eman, Jr., shall post a bond with sufficient surety to guarantee the payment of all mortgages, judgments, or outstanding liens on the subject premises and/or shall in fact pay off in full all such mortgages, judgments, or liens plus interest and costs at the time the deed is to be delivered at the closing of this matter. The Court, if necessary, .shall hold a hearing to determine the sufficiency of said bond of Samuel L .. Van Eman, Jr. By the Court, -5- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION IN RE: ESTATE OF SAMUEL L. VAN EMAN, a/k/a NO. 63 -69 -767 SAMUEL L. VAN EMAN, SR. DECEASED. MOTION TO ADJUDGE EXECUTRIX IN CONTEMPT OF COURT AND NOW comes Samuel L. Van Eman, Jr., by his counsel, John P. Liekar, Esq., and moves Your Honorable Court to adjudge Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, a/k/a Samuel L. Van Eman, Sr., Deceased, in contempt of Court, giving the following reasons in support thereof: 1. On January 9, 1974, the Court per Judge Paul A. Simmons, made an Order, as follows: "It is therefore the order of the Court that the said Mary Van Eman Soffel, as Executrix of the Estate of Samuel L. Van Eman, Sr., shall execute a deed for the subject property to the said Samuel L. Van Em an, Jr., provided that the said Samuel L. Van Em an, Jr., shall post a bond with sufficient surety to guarantee the payment of all mortgages, judgments, or outstanding liens on the subject premises and/ or shall in fact pay off in full all such mortgages, judgments or liens plus interest and costs at the time the deed is to be delivered at the closing of this matter". 2. That the said Samuel L. Van Eman, Jr. stands ready, willing and able to comply with the Order of this Court and has so notified the said Executrix and has demanded conveyance of the subject property in accordance with the said Order of Court. 3. That nevertheless, the said Mary Van Em an Soffel, Executrix, has refused and continues to refuse to execute and deliver a deed conveying the subject property to the said Samuel L. Van Eman, Jr. ·. 4. The said Mary Van Eman Soffel, Executrix has willfully refused to obey the Order of this Court. WHEREFORE, Samuel L. Van Eman, Jr. by his counsel, moves your Honorable Court for an Order adjudging the said Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, a/'W.a Samuel L. Van Eman, Sr., Deceased, to be in contempt of Court and impose such punishment as the Court, in its discretion , sees fit. n Eman, Jr. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF WASHINGTON Before me, the undersigned authority, personally. appeared SAMUEL L. VAN EMAN, JR., who, being duly sworn according to law, deposes and says that the facgs set forth in the foregoing MOTION TO ADJUDGE EXECUTRIX IN CONTEMPT OF COURT are true and correct. Sworn to and subscribed before me this 19+b day of Oc::.TOJ3f; R 1974. - 2 - MARGARET EILEEN LIEKAR, Notary Pubi. . ·canonsburg, Washington Co., Pa. My -commission Expires April 5, 1976. tl .. .Ju m~e C!lnurt nf C!tnmmntt Jleu.a nf 1lllht.a~ittgtnu O!nuutg. Jruu.aglunuia IN RE: ESTATE OF ~ QJ)r~l1tttl.!i~ (!tnurt iliUl!1lnU ~ SAitiUEL L. VAN EHAN, a/k/a ) ( ~ (!! itutinu ~ NO. 63 -69 -767 SAMUEL L. VAN EMAN, SR. DECEASED. ( ) ) ( . Qtnmmnumtttlt11 nf Jtnunylttttttitt · C!!nuuty nf M ttnqiuytnu !1.!1: To: Mary Van 'Emm So!!el Sur Petition ~f: Samuel L. Van Eman, Jr. ~rrrtiug: _llt11t Q!nmmuui) . inu. ___.Ma~ryti---J..V...,.an~Em...,.a,.....n_.s~o,._.ff...,.e,..l _______ ~_ 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 com- plete answer, under oath, to each and every of the averments-of the said petition, on · or before Fri da7 , the · 26th day of · December ·' 19-25.-, at 1:30 o'clock-E._; M., and show ~ause why she should not be · adjudged in contempt of Court for refusal to obey the Order of Court issued in the above captioned proceed ing, wherein it was ordered that the said Mary Van Eman Soffel ixecutrix, shall execute a deed for the subject property to the said Samuel L. Van Eman, Jr. provided that the sa~an_Eman, Jr., shall post a bond wjtb suffj cient surety to guarante~ the payment of all mortgages, judgements, etc.,. 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. WITNESS the Honorable ·Paul A. Simmons, Judge of our said Court, at Washington, Pe~na., the 9thday of_"""De .... c ..... e....,m...,.be .... ra.:...------, 19 --1$.---· . · Clerk of the Orphans' Cour~ ---~J~o~hn~P...!!.·~Li~e~ka~r~ ______ Esq. Attorney for Petitioner. (Se~l) ,• . t ------------------------ t l t ! . I I • I i I I •. f I I . . IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY. PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF SAMUEL L. VAN EMAN. a/k/a NO. 63 -69 -767 SAMUEL L. VAN EMAN. SR. DECEASED. c_,1711 rtdAJ :f,tr!l }i;"TO SHOW CAUSE D?'c:e-;'1 K e-~ (, ~IrA ,-/oP AND NOW. g, I 11Lw c?Ll97lf a~ is granted upon Mary Van Em an Soffel. Executrix of the Estate of Samuel L. Van Em an. a/ k/ a Samuel L. Van Em an. Sr .• Deceased. to show cause why she should n9t be adjudged in contempt of Court for refusal to obey the Order of Court issued in the above captioned proceeding. wherein it was ordered that the said Mary Van Eman Soffel. Executrix. shall execute a deed for the subject property to the said Samuel L. Van Em an. Jr. provided that the said Samuel L. Van Em an. Jr .• shall post a bond with sufficient surety to guarantee the payment of all mortgages. judgements. etc .•. ~ ltA7t()d -;[._ fL A 1..... :c-p ,_I\~ returnable thec2-6 day of ....,~"'-------197't'. at 1-:s 0 o'clock _.M. at which time a hearing will be held before your Honorable Judge Paul A. Simmons. All proceedings to stay meanwhile. BY THE COURT. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: ESTATE OF SAMUEL L. SAMUEL L. Deceased. VAN VAN ORPHANS' COURT DIVISION ) ) ) 67 ) EMAN, a/kla ) NO. 63-'f!!!/-767 ) EMAN, SR., ) ) ) OBJECTIONS TO STIPULATION _ Of_QECEMBER 2 .~ 197.._5 __ AND NOW comes Falconi Motor Company, Inc. and files the following objections to the Stipulation proposed at the hearing held on December 26, 1975. 1. Falconi Motor Company, Inc., was not a party to the administration of this Estate, nor the Estate of Margaret w. Van Eman, deceased. The said Stipulation erroniously seeks to make Falconi Motor company., Inc., a party to these estate pro- ceedings. 2. The proposed Stipulation is not acceptable to Falconi Motor company, Inc. since the; matter came before the Cou. t on a citation for contempt upon Mary van Eman Soffel. Falconi Motor Company, Inc., was not a party to that Citation nor any proceedings held thereon. That any Stipulation therefore should have been made between the Petitioner, Samuel L. Van Eman, Jr. and the Executrix of the Estate of Samuel L. van Eman, Sr. 3. The Stipulation seeks to make Falconi Motor Company, . I Inc., a debtor of the Estate rather than a Creditor of the Estat~, and further, would have Falconi Motor company, Inc., paying the debts of the Estate of Samuel L. Van Eman, Sr., and the Estate o~ Margaret w. van Eman. 4. Falconi Motor Company, Inc., cannot satisfy any judgment against the Estate of Samuel L. van Eman, sr. and the Estate of Margaret w. van Eman, for which Falconi Motor Company has not been paid. 5. Under the proposed Stipulation, Falconi Motor company, Inc. is asked to release the Executrix of the Estate o samuel L. van Eman, Sr., and the Executrix of the Estate of Margaret w. Van Eman from any and all liability; which said Release would hold her harmless on the judgments entered agains- the respective Estates and against the liability of the admin- istration of the respective Estates. Falconi Motor Company, In • has no right to release the Executrix from any liability. WHEREFORE, it is prayed that the Stipulation of December 26, 1975, be dismissed as the same applies to Falconi Motor Company, Inc. RESPECTFULLY SUBMITTED, FALCONI MOTOR COMPANY, INC. Angelo F Falconi, President of Falconi Motor Company, Inc. STATE OF PENNSYLVANIA COUNTY OF WASHINGTON M.d.. ) ) SS: ) ON this, the~~-day of November, 1976, before me, a Notary Public, the undersigned officer, personally appeared ANGELO F. FALCONI, who acknowledged himself to be the President of Falconi Motor Company, Inc., a corporation, and that he as such President, being duly sworn according to law, deposes and says that the facts set forth in the foregoing OBJECTIONS TO STIPULAT ON OF DECEMBER 26, 1975, are true and correct to the best of his knowledge, information and belief. IN WITNESS WHEREOF, I hereunto set my hand and official seal WILLIAM F. GENNOCRO, NOTAR'l P_UBUC c,.,;"T ERS IWP., WASHINGTON COUNn iV•' l-IJIVII\<Ii:iSiOI~ I:.XI-'II<fS FEB. 20, 1978 q~mber! Pennsylvania Association of Notaries AGREEMENT THIS AGREEMENT made the tf':!t' day of {f)etkj 1978 by and between MARY SOFFEL and SAMUEL L. VAN EMAN, JR. both of Washington County, Pennsylvania. WHEREAS~ the above named parties have been involved in litigation concerning the settlement of the estates of Samuel] Van Eman, Sr. and Margaret Van Eman, both deceased; and WHEREAS, they are desirous of settling their differences amicably; NOW, THEREFORE, in consideration of the mutual benefits derived and intending to be legally bound hereby it is mutually agreed as follows: 1. Samuehl Van Eman, Jr. shall pay to Mary Soffel the sum of $37, 500. 00 in consideration of the conveyance by her to him of all her right, title and interest in the estates of SamuelU: Van Eman, Sr. and Margaret Van Eman. Said sum shall be paid in the following manner: the sum of $17~ 500. 00 without interest on or before July 4, 1979; and the balance without interest in annual installments of $5,000.00 each. 2. Samuel Van Eman, Jr. shall pay the funeral expenses incurred for Samuel<tVan Eman, Sr., Margaret Van Eman and Mary Elizabeth Van Eman; in so doing Samuel Van Eman, Jr. shall reimburse Mary Soffel for any :1 ex- penses incurred by her in the payment of said funeral expenses. 3. Mary Soffel shall retain her lll1~urr·divided one half interest in the eleven (ll) acres more or less jointly owned by her and Samuel Van Eman~ Jr. situated in Peters Township, Washington County~ Pennsylvania. Mary Soffel shall receive one half of the. net profits of any and all sales out of the said eleven acre tract. 4. Mary Soffel shall grant a right of way to Samuel Van Eman, Jr. extending from the said eleven acres through adjoining property owned by Margaret Van Eman from Thomsonville Road through both properties, the said eleven acre . ' 'l \ • \ . ... \. \ \' \ F I LED, ;() {}Ld HARVEY STUART REGISTER OF WILLS \ J A ... . .. tract and Margaret Van Em an property. 5. Mary Soffel will renounce her right to administer the estates of SamuefNan Eman1 Sr. and Margaret Van Eman in favor of Samuel Van Eman1 Jr. 6. Samuel Van Em an, Jr. shall release Mary Soffel from any and all claims which he may have against her arising out of her administration of the estates of Samuel Van Eman1 Sr. and Margaret Van Eman. Witness the hands and seals hereto the day and year first above written. (SEAL) (SEAL) STATE OF PENNSYLVANIA SS: COUNTY OF WASHINGTON On this1 the _1/~?{r.-"_ day of___:::l/2:;.., .....:WJJ;;;...;;..·~· . ..:;.__.;:;.. _____ 1 1978, before me, the undersigned officer, personally appeared Samuel Van Eman1 Jr. and Mary Soffel known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In Witness Whereof1 I hereunto set ~~n~;;:; ', \ Notary Public JOHN M. RICHARDSON, NOTARY PUBLIC PETERS TWP., WASHINGTON COUNTY MY COMMISSION EXPIRES OCT. 22, 1979 Member, Pennsylvania Association of Notaries .. \ · . •• ' ' -~ \ .. / \, -, .. \ i -. ( .- \ }• F ll ED ;fJ.)~ HARVEY STUART REGISTER OF WILLS IN RE ESTATE IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA SAMUEL 1. VAN EMAN, SR., ORPHANS 1 COURT DIVISION DECEASED NO. TERM 19 63-69-0767 ORDER OF COURT AND NOW, to wit, this o{ J day of fY1 ~ , 19 f) , it appearing to the Court that a Citation was issued in the within case to show cause why certain delinquent Inheritance Taxes were not paid and; further, it appearing to the court that subsequent to of David Abrams, ESQUIRE, Special Assistant Attorney General and Attorney for Petitioner; it is hereby ORDERED AND DIRECTED that all proceedings initiated under the within referred to Citation are withdrawn and the action terminated upon payment of all costs incurred for issuance of said Citation, by Respondent named therein. ",', '~ .... ,' ~. -~."~ '""":":.-. -:-. ·;; :..') -;-... ~~:'" ~ I \• ..... ;'<,. ~,: / ~··· ... .j / .. , . ', .: . ·.· ~""' . -~ ·} -~~ --"·~ ' -.~ OJ". ·SAMPEh L. VAN : .. s~R ~:·{·.·~t§ 9_,:Jcho~·!1~-·.a~{· ·L •.. y:A~. EMAN ~ · ~. .. t. ·, ·::1 ,'l ·I ;_:. :,•,-~:· :,· ~ !"" :>~ ·--:D.ece~sed. .-.·· ·.·-'. -t~ p' ,·' :..· < . f: I~ ' . ~, ·:·!.> ',__, ..,_, .. •f._ \ .. ~. ' . :··_..e. ,'1,·_, -' ·.,~ ·-·: '. ·, ·\'·· ·~ --~ '-,. ·,: .. ·.·. _ .. :~ ,. •' ,., .. -···~ . -::) r, ~/. ·_,, -· , . .- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DJVISION TN RE: ) ) ESTATE OF SAMUEL L. VAN EMAN, ) SR., also known as SAMUEL L. ) No. 63-69-767 VAN EMAN, ) ) Deceased. ) PETITION TO WAIVE SECURITY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, comes Samuel L. Van Eman, Jr., Administrator D;B.N.C.T.A. of the Estate of Samuel L. Van Eman, Sr., a/k/a Samuel L. Van Eman, deceased, by his attorneys, LIEKAR and LIEKAR, and petitions the Court to waive additional security in the above captioned proceedings and in support thereof, alleges and avers the following: 1. The above named decedent, Samuel L. Van Eman, Sr., died December 5, 1968, and by his Last Will and Testament of record in the Office of the Register of Wills of Washington County, Pennsylvania, in Will Book 108, page 233, appointed his wife, Margaret W. Van Eman, as Executrix of said Will if she were to survive him. In the alternative, he appointed Mary Van Eman Soffel as the Executrix. The said Margaret W. Van Eman, having predeceased him, dying on October 29, 1968, Letters Testamentary were issued to Mary Van Eman Soffel on July 2, 1969; the said Mary Van Eman Soffel renounced her Letters Testamentary and Samuel L. Van Eman, Jr., petitioner herein, was appointed Administrator D.B.N.C.T.A. of said Estate on October 19, 1978. 2. A bond was filed on the /~Jt day of (?~~ 19~, in the amount of $ -~2?/ 00 °· 00 , and the surety is ~-~~~ ct:?".· 3. By paragraph SECOND of Testator's 1rJill, he did devise his entire estate to his wife, Margaret W. Van Eman, provided she survive him, but if she should predecease him, he then devised his entire estate to his daughter, Mary Van Eman Soffel. The said Margaret W. Van Eman, having predeceased Testator, Testator 1 s entire Estate vested in the said Mary Van Eman Soffel. 4. The said Mary Van Eman Soffel, by instrument dated oa.. 1 1 /178' ' did sell and assign all her right' title --~~~--~7~~~~--------- and interest in said Estate to Samuel L. Van Eman, Jr., petitioner herein. 5. The total personal estate of decedent was valued at $3,286.00, and the real estate was valued at $10,000.00, for a total estate evaluation of $13,286.00. 6. A Statement of Debts and Deductions of $171,819.25 was filed in said Estate and said Estate was held to be insolvent and no inheritance tax, state or federal was owing. 7. No other real estate of the Estate has been sold, as the sole real estate in the Estate is the 5.185 acre tract of vacant land which is the subject of this Petition. 8. Petitioner has agreed to sell the subject property to Gilbert A. Sprott and Marion H. Sprott, his wife, for the sum of $36,000.00. Said real estate bein~ described as follows: ALL that certain lot of ground situate in Peters Township, Washington County, Pennsylvania, containing an area of 5.185 acres, described more fully in deed of record from Margaret Conner Brown, et al., dated June 21, 1958; said deed being recorded in the Office of the Recorder of Deeds of Washington County, Pennsylvania, in Deed Book Volume 1032, page 297. WHEREFORE, your Petitioner prays the Court to excuse him from posting additional security, and authorize him to receive the proceeds of the sale of the subject property. LIEKAR and LIEKAR I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. muel L. Van Eman D.B.N.C.T.A. of the Estate f Samuel L. Van Eman, Sr., a/k/a Samuel L. Van Eman, Deceased. ·' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF SAMUEL L. VAN EMAN, SR., also known as SAMUEL L. VAN EMAN, Deceased. ) ) ) ) No. 63-69-767 ) ) ) DECREE AND NOW, this )~day of February 1984, upon consideration of the annexed Petition, and upon motion of LIEKAR and LIEKAR, IT IS ORDERED AND DECREED that Samuel L. Van Eman, Jr., Administrator D.B.N.C.T.A. of the Estate of Samuel L. Van Eman, Sr., also known as Samuel L. Van Eman, be and he hereby is excused from entering additional security of and is authorized to receive the proceeds of the sale of the premises situated in Peters Township, Washington County, Pennsylvania, as more fully described in the within Petition. BY THE COURT, diy~ ',. 'i ; ' '', ':·' ·.<··: :· 1"1·· ., .. ';' .':' ,/ ~· ; . ~ ., '.'' ~ ' . "' IN THE COURT OF COMMONPLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF SAMUEL L. VAN EMAN, SR., also known as SAMUEL L. VAN EMAN, Deceased. No. 63-69-767 PETITION TO WAIVE SECURITY TO THE HONORABLE, THE JUDGES OF THE SAID-'COURT: AND NOW, comes Samuel L. Van Eman, Jr., Administrator D.B.N.C.T.A. of the Estate of Samuel L. Van Eman, Sr., a/k/a Samuel L. Van Eman, deceased, by his attorneys, LIEKAR and LIEKAR, and petitions the Court to waive additional security in the above captioned proceedings and in support thereof, alleges and avers the following: 1. The above named decedent, Samuel L. Van Eman, Sr., died December 5, 1968, and bY his Last Will and Testament of record in the Office of the Register of Wills of Washington County, Pennsyl- vania, in Will Book 108, page 233, appointed his wife, Margaret W. Van Eman, as Executrix of said Will if she were to survive him. In the alternative, he appointed Mary Van Eman soffel as the Executrix. The said Margaret W. Van Eman, having predeceased him, dying on Octo- ber 29, 1968, Letters Testamentary were issued to Mary Van Eman Soffel on July 2, 1969; the said Mary Van Eman Soffel renounced her Letters Testamentary and Samuel L. Van Eman, Jr., petitioner herein, was ap- pointed Administrator D.B.N.C.T.A. of said Estate on October 19, 1978. 2. A bond was filed on the 19th day of October, 1978, in the amount of $2,000.00, and the surety is The Transamerica Insur- ance Company. 3. By paragraph SECOND of Testator's Will, he did devise his entire estate to his wife, Margaret w. Van Eman, provided she survive him, but if she should predecease him, he then devised his entire estate to his daughter, Mary Van Eman Soffel. The said Mar- garet W. Van Eman, having predeceased Testator, Testator's entire Estate vested in the said Mary Van Eman Soffel. 4. The said Mary VAn Eman Soffel, by instrument dated Octo- ber 9, 1978, did sell and assign all her right, title and interest in said Estate to Samuel L. Van Eman, Jr., petitioner herein. 5. The total personal estate of decedent was valued at $3,286.00, and the real estate was valued at $10,000.00, for a total estate evaluation of $13,286.00. 6. A Statement of Debts and Deductions of $171,819.25 was filed in said Estate and said Estate was held to be insolvent and no inheritance tax, state or federal was owing. 7. The real estate which is the subject of this Petition is a part of a larger tract of land described in Article of Agreement entered into between Samuel L. VAn Eman, Sr., et ux. and Samuel L. Van Eman, Jr., dated May 15, 1962, and of record in the Recorder's Office of Washington County, Pennsylvania in Deed Book Vol. 1138 page 266. Said Article of Agreement was listed as personal property of the above captioned Estate. 8. Petitioner has sold Lot 103 in the Van Eman Park Plan of Lots Addition No. 1 which said Lot is a part of the real estate des- cribed in said Article of Agreement. WHEREFORE, your Petitioner prays the Court to excuse him from posting additional security, and authorize him to receive the proceeds of the sale of the subject property. LIEKAR and LIEKAR J~es P. Liekar, Esq. VERIFICATION I verify that the statements made in this ---------------------- Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ministrator D.B.N.C.T.A. of the E a of Samuel L. Van Eman, Sr., a/k/a Samuel L. ~an Eman, Deceased. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF SAMUEL L. VAN EMAN, SR., also known as SAMUEL L. VAN EMAN, Deceased. ) . ) ) ) DECREE No. 63-69-767 AND NOW, this ':;J... 9 day of ,/V'/) V t')'11 ~ 1:-')lf , 1984, upon consideration of the annexed Petition, and upon motion of LIEKAR and LIEKAR, IT IS ORDERED AND DECREED that Samuel L. Van Eman, Jr., Admin- istrator D.B.N.C.T.A. of the Estate of Samuel L. Van Eman, Sr., also known as Samuel L. Van Eman, be and he hereby is excused from enter- ing additional security of and is authorized to receive the proceeds of the sale real estate situated in North Strabane Township, Washing- ton County, Pennsylvania, being Lot 103 in the Van Eman Park Plan of Lots Addition No. 1, of record in the Office of the Recorder of Deeds of Washington County, Pennsylvania, in Plan Book Volume 9 at page 139. BY THE COURT, ... ----""!)"' THE DAILY NOTES CANONSBURG, PA. PROOF OF PUBLICATION In compliance with the Newspaper Advertising Act of May 16, 1929, P. L. 1784, Sec. 3, paragraph (3) and (25). State of Pennsylvania } County of Washington ss. Personally appeared before me, a Notary Public in and for said county and state, -------------~·):_~'Q-~1 .... ~--~-----;Q§,y _______________________ , who being duly sworn, deposes and says: that ______ .s_he ___________ is the bo.okkeep.eJr the Notes Publishing & Printing Co., a Penn- sylvania corporation, and its agent in this behalf: thart the said company is the pub- lisher of The Daily Notes, published daHy except Saturday and Sunday, having its place of business at Canonsburg, Washington County, Pennsylvania; that the said Daily Notes was es:tablished August 1, 1875; that the printed notice or adveiitisement, attached hereto fs a copy of a notice or advertisement, exactly as printed or published, which appeared in the said newspaper in its regular issues on the following dates: -------------------------------------------------~~-:y_ __ _g3__,___]:_9__§_9_ ________________________________________________________ , ....... . that the affiant or the corporation in behalf of which _________ s_b_e_ _____ is acting is not inter- ested in the subject matter of said notice or advertising and that all of the allegations of this affidavit as to lthe time, place and character o~n are true. Sworn to and subscribe~-~:~~~:-·=:·-~~:------------------------------------------·Bio·od~P~ --------~-----day. of nr·-J,~Y. _____ ; _______________ 19 __ §_9_ --------~~---~77v;?£~~~~i~-;y-Pubik h L ~v.%inqto .. County. I a . .•• 1 ~;; •.•. -i..,~iJn Ex;~ires ,'larch JO, 19 ;o J · Washington County Reports Washington, Pennsylvania (PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION) PROOF OF PUBLICATION In compliance with the Newspaper Advertising Act of May 16, 1929, P. L. 1784 Sec. 3, paragraphs (3) and (25). CoUNTY OF WASHINGTON} S P ss. TATE OF ENNSYLVANIA Personally appeared before me, a Notary Public in and for said County and Commonwealth, CHARLES C. KELLER, who, being duly sworn, deposes and says: that he is the Editor of the WASHINGTON COUNTY REPORTS, the officiail. legal periodical for said Washington County, published weekly having its place of business at Washington, Washington County, Pennsylvania, and is acting as its agent in this behalf; that the said WASHINGTON COUNTY REPORTS was established on March 31, 1920, and was designated as the official legal publication for Washington County, Pennsylvania, by order of the several courts of said County, dated November 11, 1920; that the printed notice or advertisement attached hereto is a copy of a notice or advertisement, exactly as printed or published, which appeared in the said legal periodical in its regular issues on the following dates: ............... J.yJ,~ .... ;? ... 1-., ..... J..9,4).1;'1 ............................................. . 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 ""'""'""' ol ~ M to tho tim<@ >nil Wttoctu ol tho pWliootioo are true. vfo;rfJt.d ........................ : ...... ;j;:_~~ -Editor before me this ..... 2:4.~:th .... da of .................. J.ul.v, ...................... , 19 ..... 9.9. ...... . . , ~~ ::~~~~~~=~3 .. ~M(~-- .a~rnut·n. Washington co., Pa. My Colllmission (xpir~s ' Nowe11 .. r 1, 1969 I-NOTICE OF PRIVATE SALE-~ I REAL ESTATE ' IN THE COURT OF COMMON PLEAS ! I. OF WASHINGTON COUNTY, PENN-1 SYLVANIA ~ 1 ORPHANS' COURT DIVISION l IN RE: ESTATE OF SAMUEL L. VAN EMAN. SR .. a/k/a S. L. VAN EMAN. SR a/k/a SAMUEL L. VAN EMAN, ', miCEASED. No. 63-69-767 1 TO· ALL CREDITORS, HEIR~..._!?E-I ViSEES AND ALL OTHER I~·.n~;R ESTED PARTIES: ', Notice is hereby given that the: undersigned Mary Van Eman Soffel, ! Executrix of the Estate of the abotv~named Decedent, has P;~sented to e ~ aforesaid Court a Pebtwn. For PTehr-· mission To Grant an Easement to e Citizens Water Company of Washing-' ton, Pa. for the installation of. a w;ater line in Old Farm Road, whtch1 ts ~ street in the Van Eman Park P an ° Lots situate in North Strabane Town-ship' washington County, Pennsy.lvan- ia ~aid Plan of Lots being of reco.rd in' Plan Book 9 page 103 in t~e Offtce of the Recorder of Deeds of said Coun- ty The cash consideration for th~ pro-1 po.sed grant of said easement IS the : sum of $50.00. d th t [ The said Court has Orde';'e !1. a hearing be held upon the satd PetitiOn on August 6, 1969 at 10:30 o'clock At.Mh · : in the Orphans' Court Room in e ~ Court House washington, Pennsylvan-ia at which' time and place you ll_laY appear and be heard, if you so destre . Mary Van Eman Soffel ' Executrix of the Estate of 1 Samuel L. Van Eman, Sr., a/k/a S. L. Van Eman, Sr., a/k/a Samuel L. Van Eman, Deceased Zeman and Zeman, Attorneys Zeman Law Building Canonsburg, Pa. 15317 '-.<-._.... -~---- 6)47-1 . " .... -· REGISTER'S OFFICE. ....... J'1g.;rgh. ... J.§ ............... A. D. 197..~ ... . Edward T. Gladden and Walter s. Hahn Personally appeared. ................................................................................................................................................................................................................................................................... . ,1\'ho, after being duly qualified according to law, deposeX and say that they are well acquainted with the handwriting of ..... §.:'I ....... ~., ...... Y?.n .. Jl;ID?.n .... §.;r.! .................................................................................................................................. , Deceased, Testator to the foregoing Will dated. .............................. ~~.~.~-~ ..... !.Q.L ... ?::.~.§.~ ........................................................................................................... 19 ............ , and that the signature of said ........................................... § .. ! ...... ~.!! ...... Y..?.n .... ~.ffig,Q .... §.r..~ ....................................................................... , as well as the entire Will, is in his or her own proper handwriting, as they, the affiants, verily believe. Also, that the subscribing witnesses are not now within this jurisdiction . . S.w.Qrn............................................................................... and subscribed before me the day and year aforesaid . ......... ~.nz~ ........... . [{68sE:LL' .. i\1AR:iNo:···il'~gister J Qlnuuty nf lta.n4ingtnu, .n.n. Register's Office, .... Y.:@.~9r.Y .... ll ............. A.D. 19 ..... 7.3. Personally appeared ............ f..~J::Q.ffi~.:Q..~ .... A-.!! ..... P..~J.€l:r.9-J ....................................... one of the subscribing witnesses to the foregoing last will and testament of.. ................................ §.~ ..... !!.~ ..... Y.~ .... ~.~.~ ... ?.~.~.................................. deceased, and on ............. ~.~~ ............. solemn .......... .Q~~P.: ........... did say that ............... ~P.:~ ................. was present, and did see and hear ... ~.~ ..... ~.~~ .... Y..~ ... ?.~?.P.: .... §r..! ............................. , Deceased, the testa.'t.!?..F. ................... therein named, sign, seal, publish and declare the same as and for ................. hJ.~ ........................... last will and testament, and that at the doing thereof .......... e..~ ............. was of sound disposing mind, memory and understanding, to the best of the affiants' knowledge and belief . ... $.W.Q.:r.P.:............................................................... and subscribed before me the day and year aforesaid . ............... ~ .. ~ ...... .. Register OFFICE OF . CLERK OF THE ORPHANS' COURT Washington County, Penn·a. Y r NO. 767 of 1969 WASHINGTON, PA .......... Jan:uar.y ... 25 ................. 1!l ... .73 Guardian Administrator Executor Mr ........................................................................................................................................................................................... Trustee of the estate of ................... SAMUE1. ... L ...... .VAN ... EMAN ... ak.a .... S.AMUEL ... L •.... YAN .... EMAN . ., .... SR. •..•.... DEC..EAS.EP. .•......... The Fees amount to $ ....... ..5 ... 0.0 ......... .in the proceeding for ......... .OPINION.,. ... MARIN.O.,. .... J .•. :-::::-:::·:.Jan.~ .... 5., .... J...9.73.. At No .......... 767 .... of' .... x.x'lmCM. 1969 ......................................................................................................... , in this office. Please remit at once and have or send this bill, that the docket may be properly receipted and you credited with same. Yours truly, Docket ...................................... Page ......................................... . RlJ.ssell Marino . ................................................. !. ........................................ Clerk 0. C. And now .................................................................................... , 19 ............ , Received above costs, to·wit $ ..................................................... -.. ·-········ and the docket has been properly receipted for same. ... 9 . ........................................................................................... Clerk 0. c . IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: Estate of ) SA.MUEL L. VAN EMAN, SR. I a/k/a s. L, VAN EMAN, SR. I ) No. 63-69-767 a/k/a SA.MUEL L, VAN EMAN, . . Deceased, ) IN RE: Estate of . . MARGARET W. VAN EMAN 1 ) a/k/a MARGARET S. VAN . No . 63-69-799 . EMAN, a/k/a MARGARET G. ) VAN EMAN, Deceased, : MOTION FOR CONSOLIDATION AND NOW, comes the Petitioner, Falconi Motor Company, Inc., by its Attorneys, Bloom, Bloom, Rosenberg & Bloom, and moves for consolidation of all proceedings on the Petition For Leave of Court For Execution and For Sale Of Real Estate filed in the above-captioned respective Estates, for the reason that the proceedings involve a common question of law and fact. BLOOM, BLOOM, ROSENBERG & BLOOM Atto~rie~s for f~titioner -- FAL~ MOTOR COMPANY, INC. / / J -. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: Estate of ) SAMUEL L. VAN EMAN, SR. I : a/k/a s. L. VAN EMAN, SR. I ) No. 63-69-767 a/k/a SAMUEL L. VAN EMAN, . . Deceased. ) IN RE: Estate of . . MARGARET W. VAN EMAN 1 ) a/k/a MARGARET S. VAN : No. 63-69-799 EMAN, a/k/a MARGARET G. ) VAN EMAN, Deceased. 0 R D E R AND NOW, this _____ day of November, 1970, upon consideration of the foregoing motion, IT IS HEREBY ORDERED that the proceedings filed on Petition For Leave Of Court For Execution And For Sale Of Real Estate in the Estate of Samuel L. van Eman, Sr., a/k/a S. L. van Eman, Sr., a/k/a Samuel L. van Eman, Deceased and the Estate of Margaret W. Van Eman, a/k/a Margaret s. Van Eman, a/k/a Margaret G. van Eman, Deceased, are hereby consolidate . BY THE COURT: J. ~CC-46 (10-64) -'-- COMMONNEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS INHERITANCE TAX DIVISION --' RECOMMENDATION FOR ADJUSTMENT OF INHERITANCE TAX RECORDS j /VO Lf-1 Estate of.$RYl'l~e~ VRN tMfl/\1 County File No.31-1~1-J Bur. File No./p3,6f..7&/ Date of death /l.$· {pK Date of filing of Appraisement ]Jor.e. Fiit'd. Name and Address of Attorney Jha ft"J 1) Fl (\) E' M q "'-Jo FF~ l, 'We fnuR.Rt:ti Pfl Name and Address of Personal Representative Z EM A AI ot Z. E. M FIIV WRS/-1 '"'jTOh Pll Action i~ia~by __ ~--~~~~~----------~~~~--------~~~----------::1? ...... Date -~ :a:-~ '!;: Real Estate ___ ...... $t.....llri<Q.....:[;.,.oo:;::;.o~o..:...01);....;..._1 Le..rT~rts lesiame..,·;qp..y -'-"'!~;5 <D Personal Property J 0 Q , qo ~ g Ra ..,, t J... ..,.Tt.< L '-f 7. I 9 & 9 l~~-rl()u Gross Estate • ~~ ...__ Debts & Dedu-ct-.i~o-ns------------PRo c~ ~ d c., 'i .s ~ • ~ l t, ' '1 .=b Clear Value Will f3<'ol< /Of~ .l,J3 ~ ~ Tax Assessed f'~ ~ Tax Paid (J R Phata s Q oc.u. T tlS · 4 ~"' Balance of Tax Due Interest to Date ------- 0 Total Amount Due ________ _ It i~ hereby r~omme~e~t~t the inheritance tax record in the above estate be adjusted as follows : "-" __ -1-• buR •&' &F-t= ~~ ·~ t s E Slaie.. be_ C..Lo-3 eJ. '; LrJ. ....... t ....... .. .... f!·-_ _J;-'""'" .. ,_ z A prope~v~igat~~a:=i disclosed: feR. 'PRo~e(ld.rnq,S f1.1Tach~J.. he R.elo, FaLcon t' -~w~ - , 1narotre.s aa~ea..,, ~V7C. CR~J,rop.., q"'d.. liaLJe~ o£ ~~ rtR..~T L •en. QqaLnSt ) w Sub.Itcr ReaL PRoPeflrj, {n a. P~1tt',o~r~ fon. Lead<:... (jf'Cou~T Fdtt e~~c:.t.[fio~ wncL FoR Set{'= lh Q 'Re.uuJaL Flc:Ttoh,~.Xttd.'jl'v\el1r wq.s <a~-arefl~<L 0">'\ Dec. II I 'l{;<f ~ T E fo lL Ct CQt~.!4"'' .Sun,. oF ll3. 3DS,o-b at.td. by 68d(?f.., OF Coultr an ll~tL I . • J911 Jhe. T~d,ge.~ ... -, CRed,lo~ .. based.~ hUW\.~R.aus 1-/ea~'"'jSJ and 1h 0 Re" L, PR {) p e tL T'-( of 7h fJ. es .,;~Te.. Qf 1/., c. (-1 ')()i)e,. ~ b Qh'ted.. n~c td.e~-t'T 4 f2ec 0 h),., e., d.. 1h tS F.$ (c,(t_ be. 'cLosed. ': fn FoRee. M~~.,r· FlcTtO~ fOil Q.. r}O (Attach Additional Sheet if Necessary) Investigated by L.!:" R t\tc. S Lee C6 lef RfCP.r.?.t.Sel'.. (Name) (Title ~-8-?Lf <nate) 'D IJ;.S~PUR- Approval recommended by~ <j' ~ lb:nagemeHt A:adito~ Date 3 -~ 1~ ]'f Approved on. ___ tj~-~3::;...-.,-~f-~+---- (Date) Approved on __ r.::-":""""'t~---- (Date) --· --· 0... .:::t Q t""J - L RCC-33 (4-73) J ( ; < ..;~ _/ --------·-·-COMMONWEALTH OF ~ENNSYL VANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS RESIDENT DECEDENT NO. 63-69-767 COUNTY OF WAS!flNGTON IMPORTANT: This return must be completed in detail and filed in duplicate, with all attached, with the Register of Wills of the County where decedent resided; Return is due within nine months after date of death, unless an extension is granted by the Secretary of Reuenue. (Section 703 of the Inheritance and Estate Tax Act of 1961.) Samuel L. Van Eman, Jr. Samuel L. Van Eman, Sr. a/k/a etc •. IN THE MATTER OF THE ESTATE OF } AFFIDAVIT OF ~~~~~~(~S-T-A~T~E~F~U-L_L __ N~A~M~E~O~F~D-E~C-=E~D~E~N~T)=-~~~-----~ Late of Washington State of Pennsylvania County of Washington } "' ADMINISTRATOR County D.B.N.C.T.A. Samuel L. Van Eman Jr. :f:x~:~D:~®x --~~~~~~~~~~~~--------------~~------~------------~ Administrator of the estate of the above-named decedent being duly sworn, deposeS and sayS Decedent died ___ _::D_e_c_e;_m __ ;.:.b_:e_:r:__ ______ ....;5:...:.·---, ·19~{testate leaving a last will, copy of which is hereto attached. } (MONTH) (DAY) (YEAR) i}{!!{MMK Name and address of attorney or } other authorized repres.entative to whom all correspondence should be mailed. John P. Liekar Mellon Bank Bldg., Canonsburg, Pa. 15317 J That as such Administrator deponent is familiar with the affairs of said estate and the property constituting 0£XOOXIXJX:Illt ADMIN 1ST R A TOR) the assets thereof and their fair market value. That at the time of death there was no safe deposit box registered in decedent's individual name, or jointly with, or as agent or deputy of another, or in decedent's individual name, with right of access by another as agent or deputy, with the exception of the following: - NAME AND ADDRESS OF BANK OR OTHER INSTITUTION THIS SAFE DEPOSIT BOX RENTED RELATIONSHIP OF JOINT IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT None That the contents of said safe deposit box or boxes are itemized under Schedules ___ of this return, with the exception·of the following, for the reasons hereinafter set forth: That Schedule A attached hereto and made part hereof sets forth fully and in detai I all the real property in the Commonwealth of Pennsylvania of which decedent died having an interest therein. It also sets forth the mortgage encumbrances ·upon each parcel of real property at the date of death, giving the amount still due at death, name of mortgagee, date, rate of interest, and book and page of record thereof. It also sets forth in the columns provided therefore the assessed valuation of each of said parcels, the estimated market value thereof as of date of death of decedent. That Scheclule 8 attached hereto and made part hereof sets forth fully and in detail all personal property wheresover situated owned by the decedent at the time of death; all moneys left by the decedent at the time of death, whether in decedent's immediate possession, standing to decedent's credit in banks of deposit, savings banks, trust companies, or other institutions, whether individually, or in trust for any other person or persons giving also separately the accrued interest thereon, if any, down to the last interest day prior to decedent's death in the case of savings banks, and to the date of decedent's death in all other cases; all bonds, postal __ savings_,1 treasury certificates or notes and other. evidence of indebtedness of the United States to the de- cedent; all, o~Iigatious,. whether by sta'tute or agreement they are designated as tax free, of the United States, _c -1 _ ·-~ . -~, or any state, or political subdivision thereof, or of any foreign country, which are owned ·at the time of death; all wearing apparel, j~welry,_silve~w.are_, ,pictures, books, works of art, household furnifvre, horses, carriages, \ --1 . < • L.. ·~ • automobiles, boats, and any and all other personal chattels of whatsoever. kind or natuye-ul_eft by decedent, together with the fairly. estimated market value thereof; all bonds and mortgages held by decedent-~nd of all claims due and owing decedent at the time of death, and all promissory notes or other instruments in writing for the payment of money of which decedent died possessed, of whatsoever nature, with interest thereon, if any, giving the face value and estimated fair market value thereof, and if such estimated fair·market value be less than the face value, it sets forth briefly the reasons for such depreciation as to each item; all moneys payable to the estate from life insurance policies carried by decedent; all annuity and endowment contracts the proceeds of which were payable upon the death of the decedent; all and the corporate stocks and· dividends due thereon and unpaid as of the date of death, bonds and accrued interest thereon to the date of decedent's death and other investment securities owned by the decedent at the time of death, with the market value there- of at such time. I / ~, I In the case of securities of close or family corporations, the v~lues reported are as far as possible substantiated by financial statements of the corporations, showing the' assets and liabilities thereof as of the date of death. The schedule also sets forth the interest of decedent at the time of death in any co-partnership or business, and in support of the value of such interest there is annexed to said schedule, financial statements showing the assets and liabilities of said co-partnership or !}usiness. A copy of the co-partnership agreement, (if oral, a statement setting forth the nature of the agreement) togethe~with a statemen~ setting forth the character of the business, its location, and such other facts pertaining to the business as may be pertinent to a fair and just appraisal of the decedent's interest r · r• ' -.. \ .-. therein must be submitted. It should also set forth in itemized' form, together with the fair market value thereof, any other property owned or bequeathed by the decedent at the time of death. .l The Schedule C attached hereto and made part hereof sets forth a true answer to each inquiry contained therein and in the case of transfers ofproperty, real or personal, within two years of decedent's death, in contemplation of decedent's death,\pr intended to take effect in possession or JenjoYillent at or after death, said schedule sets forth the nature and value of such property, to whom transferred, the relationship of the transferees to the decedent, the proportionate share received by each transferee and all other facts of a pertinent nature 'regarding said transfers. In the case of transfers intended to take effect in possession or enjoyment at or after death, there is also attached to the schedule a cony of the deed, trust agreement or other instrument creating the trust. Thero~ is also set forth in said schedule a list of all property, real and personal, with its value, which passes at decedent's death by virtue of the exercise by decedent, either individually, or jointly with~anoth~r, or any power of appoint- ment vested in decedent, either individually or, . .jointly, by the will, deed, or other instrument of another, with a copy of the ins'trtiment creating such power attached to the schedule. That Schedule D attached hereto and made part hereof sets for-th the nJmes and addresses of all persons beneficially interested in this estate at the time of decedent's death, the nature of their res- pective interests, their relationship, if any, to the decedent, together with the ages at the time of decedent's death of all minors, annuitants and beneficiaries for life under decedent's Will. It also contains a statement .showing which of the beneficiaries named in the decedent's will, if any, died prior to decedent, the dates of their death, their issue, and the relationship of such issue to the beneficiary. That Schedule E attached hereto _and made a part hereof sets forth all property, real and per- sonal, owned by the decedent jointly with another or others, including intangible, standing in the name of the decedent and others, plus the date and place of record of instrtooents effecting the vestiture of real estate and the date of acquisition of personalty, plus the name, address and relationship, if any, of co-owners to the decedent. That Schedule F attached hereto and made a part hereof sets forth fully and in detail all debts and deductions claimed for and on behalf of this decedent's estate, including funeral expenses paid; family exemption, where applicable; costs of administration of this estate; counsel fees and fudiciary's commissions paid or to be paid; cost expended for burial trusts, tombstones or gravemarkers, and reli- gious services, in consequence of the death of the decedent; debts and claims owing and tmpaid at time of death; taxes accrued. chargeable for period prior to decedent's death (except those allowed under Section 651 of the Inheritance and Estate Tax Act); together with a statement of collateral pledged for obliga- tions, if any. It is agreed that the fiduciary will present proof of said claimed obligations upon re- quest, that if the amount actually paid in settlement of any fee, commission or debt is less than the estimated amount claiming and allowed, that the same will be reported to the Register of Wills, and that the amount of tax assessed can be reassessed in accordance therewith. That the totals of the appropriate columns in Schedules "A", "B", "C", "E", and "F" as directed therein, have been carried forward and properly registered in the Summary. Subscribed and sworn to before me this ............................... .. ...... () ......... -.. ?.::::..~~---···day of ...... ~4 ...... 19 ... ?..~ .... . ....... ~~-: ... ~~ ............... .. OltRIITIN~M;·NOTARY PUBLIC WASHINGTON, WASHINGTON COUNTY • MY COMMISSION EXPIRES AUG. 17, 1981 Member, Pennsylvania Association of Notaries E a , ..... !?..9J ... W.~.§.t .... MQJW.JJJZ.r..~y ... R.Q.a.d ................................... . (Street Number) ....... G..~.~.9..~.~.t>.~.r..gl .... .P..i?.:.! ...... .J.9 .. ~F ........................................... . (City or Town and State) NOTE: Before signing affidavit make sure all blank spaces in the affidavit and schedules annexed are filled in with details or the word_ "None", and in case the assets include rare and unlisted securities, securities of close or family corporations or an interest in any co-partnership or business, that the data and statements required under the paragraph above relating to Schedule "B" are attached. Also make certain that column #1 in the "Summary" has been properly completed as above-directed, R~ c-~4 i 4·7 3) ' CO~(*.I~-EAL TH OF· P-E-NNSY.t:VANf~'' .·. DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS TRANSFER INHER-IT AN~ TAX? RESIDENT DECEDENT SCHEDULE 11A" REAL PROPERTY ,. ~ ~ ·-' Real property in Pennsylvania, with statement of mortgage encumbrances upon each parcel at death of dece- dent. Property held by the decedent as tenant .in common with another or other, should be identified as to quantum of interest and the estimated value should be that of the decedent's interest only. (Property held as joint tenants with right of surviorship or tenancy by entireties should be reported on Schedule "E.") The real proper:fy located In the Commonwealth of Pennsylvania should be described by lot and-block number, street and street number, together with a general descrfption of the property, with a reference to the record of the conveyance by wh'ich the decedent took title; If a farm state number of a- cres; also statemeht of mortgage encumbrances upon each parcel at death of decedent. Taxes, assessments, accrued Interest on mortgages, etc.,are to be listed on Schedule "F" and must not be deducted from this schedule. All that certain tract of land situate in Peters Township, Washington County, Pa. containing 5. 185 acres. Described in deed between Margare Conner Brown, et al. recorded in the Office of the Recorder of Deeds of Washington County, Pa. in Deed Book 1032 page 297. 2 story frame house 5. 185 acres (1) ASSESSED VALUE FOR YEAR OF DECEDENT'S DEATH 1,275.00 C. -765. oo Insert this total opposite "real property", Schedule "A" in the X X X X X "As Reported" column on the last page of this return . ...____ (2) (3) DEPARTMENT VALUATION ESTIMATED CAUTION MARKET VALUE (Do not write In thIs space) 10, 000; 00' 10,000.00 ' RCC'-35 COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE ,TAX RESIDENT DECEDENT SCHEDULE "B" PERSONAL PROPERTY INSTRUCTIONS: This Schedule must disclose all tangible and intangible personal property owned individually by the decedent, at the time of his death. Property owned by the decedent jointly with another or others must be listed under Schedule "E". Intangible personal property, titled in the name of the decedent, but payable at death to another or others, including but not limited to P.O.D. u. S. Savings Bonds and tenta- tive trust accounts, must be listed, despite the fact that they are not of the administered estatJ~ Tangible personal property should be listed first (e. g. jewelry, wearing apparel, household goods, and furnishings, books, paintings, automobiles, boats, etc.) Intangible personal property, such as bonds, treasury certificates, cash on hand and in bank, stocks, mortg~ges, notes, together with accrued interest or dividends, salaries or wages, insurance pay- able to the estate or fiduciary in said capacity, partnership interests, interest in anyundistributed estate of or income from any property held in trust under the will or agreement of another, even though located outside of the State, at the time of death, should be listed in this schedule. Item No. ITEM List and describe fully UNIT ESTIMATED VALUE MARKEl' VALUE I DEPARTMENT VALUATION (Do not write in this space) 1. 2. Article of Agreement between Samuel L. Van Eman, Sr. and Margaret S. Van Eman, his wife, sellers and Samuel L. Van Eman, Jr. dated May 15, 1962, recorded Washington County Recorder's Office in Deed Book 1138 page 266. Agreement was for sale of three parcels of real estate situate in North Strabane Township, xashington County, Pa •. 'r-r.-: .. _ /J~ ~ V'J-r..~rJ> c--/'-<!1 ~ ~ ~" w~ Household Goods Insert this total opposite "Personal Property", Schedule "B" in the "As Reported" column on the last page of this return. 1. 00 3,285.00 3,286.00 X X . Rcc·-36 COMMONWEALTH .OF PENNSYLVANIA TRANS:FER' INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "C" TRA.NSFETI.S (1) Did decedent, within two years of death, make any transfer of any material part of his estate, without receiving a valuable and adequate consideration therefor? (Answer yes or no) rxo (2) Did decedent, within two years of death, transfer property from himself to himself and another or others (including a spouse) in joint ownership? (Answer yes or no) No (3) If the answer to (1) or (2) above is in the affir~tive state: (a) Age of decedent at time of transfer --------------- (b) State of decedent's health at time of making the transfer. (Note 1), (c) Cause of decedent's death. (Note 1). (4) Did decedent, in his lifetime, make any transfer of property without receiving a valuable or adequate consideration therefor Wbich was to take effect in possession or enjoyment at or after his death? (Answer yes or no) ___ l_\Jo_ (a) Was there any possibility that the property transferred might return to transferer or his estate or be subject to his power of disposition? (Answer yes or no) ____________ _ (b) What was the transferee's age at time of decedent's death? _________ __ (5) Did decedent in his lifetime make any transfer without receiving a valuable and adequate consideration therefor under which transferor expressly or impliedly reserves for his life or any period which does not in fact end before his death: (a) The possession or enj~rrnent of or (Answer yes or no) l\JO the right to income from the property transferred? (b) The right to designate the persons who shall possess or enjoy the property transferred or income therefrom? (Answer yes or no) No (6) If the answer to (5) (b) above is in the affirmative, state whether the right was reserved in decedent alone or others ________________________________________________________________________________ ~----------------- (7) Did decedent in his lifetime make a transfer, the consideration for which was transferee's promise to pay income to or for the benefit of care of transferor? (Answer yes or no) No (8) Did decedent, at any time, transfer property, the beneficial enjoyment of which was subject to change, because of a reserverl power to alter, amend, or revoke, or which could revert to decedent under terms of transfer or by operation of law? (Answer yes or no) No (9) If the answer to' (8) above is in the affirmative, was the power to alter, amend, or revoke the inter- est of the beneficiary reserved in the decedent alone or the decedent and others? (Answer yes or no) __________ _ NOTE 1: The answers to these questions should be supported by affidavit by the attending physician as well as a copy of the death certificate. NOTE 2: If answer to any of the above questions is yes, set forth below a description of the property transferred, it's fair market value at date of death, dates of transfers and to whom transferred, with relationship of transferees to decedent, if any. Submit copy of any trust deed or instrument, if trans- fers are claimed to be non-taxable, also submit detailed statement of facts on which said claim is based. NOTE 3: List applicable property below in manner in which provided in Schedules A, B, or E. ITEM DESCRIPTION None Insert this total opposite "Transfers", Schedule "C" in the "As Reported" column on the last page of this return. MARKET VALUE (Estimated) 0.00 0.00 DEPT. VALUATION (Dept. Only) COMMONWEALTH OF PENNSYLVANIA TRANSFER fNHERiTANCE TAX RESIDENT DECEDENT SCHEDULE "E" JOINTLY OWNED PROPERTY INSTRUCTIONS: This schedule must disclose all property, real and personal, owned by the decedent jointly with another or others, including intangibles, standing in the name of the decedent and others. List real estate first, as entireties, or joint tenants, giving brief description, as indicated under Schedule "A", plus the date and place of record of instrument effecting vestiture, but do not include entireties or out of state real estate value in estate valuation column. Personal property should be listed as in Schedule "B", plus date of acquisition, and the name, address and relationship (if any) of co-owners to the decerlent. Description of Property, Date of Acquisition, Name Address and Relationship of Co-Owners, and Place of Record of Instrument, where Real Estate. None Unit Value percentage Share Estate Valuation 0.00 0.00 Insert this total opposite "Jointly Owned Property", Schedule "E" in the "As Reported" column on the last page of this return. DEPARTMENT VALUATION CAUTION-Do not Write In This Space. Value of Entire Property Value of Decedent's Interest \ h ' ' . ..._... ·RCC-J~ (12-63) COMMONWEALTH, OF I'ENNSYYLANIA TRANSFER INH'fo;RITANCE TAX RESIDENT DECEDENT , • - BENEFICIARIES AND ADDRESSES State full names .. and addresses of all SCHEDULE "D" BENEFICIARIES RELATIONSHIP SURVIVED (If step-children or who· illegitimate children DECEDENT ave an interest, vested, contingent or other are involved, set STATE YES OR NO wisce, in estate). forth this fact.) Marv Soffel· Daughter Yes 435 Thompsonville Road .lVIcl\l.lqJ.:r..!:lY,. P:~., ~. J5.:3l7:. ~=--:~·-· . -. ... .. •n -'· ····-·· .. . -··--· . ···'· .. -.. ' ' : l Deponent further says that all the above-named beneficiaries are living NAME DATE OF DEATH None - DATE INTEREST OF OF BENEFICIARY IN ESTATE BIRTH Sole Beneficiary ,. , . . ,. " ~--·· ..... .. -~ -. ' ---' : at this time except below: RESIDENCE --· -- .. I ... -~ Will Administration ~ No. 63-767 Year . .1. ~.9 -~· P.J THE :\lATTER OF THE APPRAISE~-IENT OF THE ESTATE OF Sai!)l1~~ J:.. ~ Yat:J: ~I)J13_!1, Sr. a/k/ a etc. Deceased Late of . N"orth ~~l'.f1_b<lt1E!. '!'()~!lS.~ip_ Counh· of Washington . . .. . . . ................... . Commonwealth of Pennsylvania REPORT AND APPRAISAL · ~~· J , · c :J \ :· .!. n : -· .. ~ -· s· -n L';\ .:! C ·:_; _ ~ .: ; . .. OJ 2 Ud ~2 90V 6L, 03H31SI~::ici (Executor-Administrator must complete "As Reported" column #1.) CJ .., 0 "' "' --1 ~ ~- 0" iii t%1 "' ..... ~ ..... ~ --1 .., ~ ::l "' (b' :;t ww 0::r ::r' -• tJ:jC'S . . '"d ~ ~ ~ .., E.. "' 0 ::l '"d E.. .., 0 ·"0 '"d· ~ .., .., .g ~ ~ .., .... '< c;n c:: ~ ~ > ::tl c;n c;n ....::: (") (") ?"' ?" t:r3 > : : ~-~ -w ~ ~ -E6 ...... CJ,;) : r-..:l :oo :a:> :. o' :O' > "' , ...... w:o::tl '-~ ('0 ..-...... . --r-..:l 0 ~-Cl:l :0 .., 0 0 Q) :oct . . :• ~ o o o :o-oooo -(;9~.00~~~ > "' t:i 8--;; ..,_ ~-::I r. c... .:.· ·--~t ~£- ... 1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF FIELD OPERATIONS P. 0. BOX 2970 REV-518 (3-79) HARRISBURG 17105 IN YOUR REPLY PLEASE REFER TO Investigation Division NOTICE OF FILING OF APPRAISEMENT Samuel L. Van Eman, Jr. (Executor or Administrator) In Re: Estate of --.:..<S~aw;m.w•.uJeil-.lll.-·...a.L~·~v~al.-ll"P......a:.Fmm.aatlt~..,-,-S~r~----- Washington County-File No. 63-69-0767 Dear Mr. Van Eman: You are hereby notified that the ____ .l,oOl.Lr,-~.i~g...,~.iJJnaa..~o.l'-------------- appraisement in the estate of Samuel L. Van Eman, Sr. has been filed in the office of the Register of Wills of . County on August 1 , 19 80. Said ap"""JfW~,.-fm.m-MT-n-.~r:r~~h<ffi.,.,-:f::-le-c-=-ts-.th_e_f7o-:-l-:-lo-w--:i-:-n-g_v_a.,--lu-a-:-t-:-io_n_s_: Real Estate ________ 1_o~,_oo_o~· ._o_o _____ _ Personal Property _____ ~~34,_.2""'8'""'5..._. ,._00...__ _____ _ Transfers-------------------- Jointly Owned----------"'------'-------- Tota1 _______________ ·~·~1~3+,2~8~5~.uOuOL-_________ _ As to such tax that is paid within three months from date of death, a five (5%) percent discount is allowable. As to any tax that remains unpaid after nine (9) months (fifteen months 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. 2485-1001, P. L. 373. Date August 1 ~ 1980 ---=--~-----------Sign~~ Titlera1ser II DOD: 12-5-68 NOTE: This is not a bill. ;1 INHERITANCE TAX SUMMARY SHEET • 1 (BUREAU USE ONLY) f\E V·484 5X ( 2•80) Fi I e Number _____ 6_3_-_6_9-_0_7_6_7 ___________ _ Samuel L. Van Eman, Sr. Estate Name------------------------- DateofDeath _____ ~1~2~-~5~-~6~8 ____________ __ Social Security Number ___________________ __ 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" August .1, 1980 Dated: INVENTORY Real Property (Schedule A) $ Personal Property (Schedule B) Joint-Held Property (Schedule E) Transfers (Schedule C) TOTAL GROSS ASSETS Less Debts and Deductions (SCHEDULE F) CLEAR VALUE OF ESTATE Valuation of life estates or annuities. ~ " •• ~ 6 e e e •••• FOR USE OF REGISTER ONLY Tax on $ Tax on $ Tax on$ Tax on $ D~H:,.,,;;c~ 2,,,/Jffu ~ " .) VALUE AS APPRAISED CODE 10.000. 00 00+ 3285. 00 10+ 20+ 30+ 13,285. 00 I '1/, tfq lah' 40= ~iJJ;J j}.l/)1 ~ =' RATE FACTOR 6% 15% ADJUSTMENTS (HARRISBURG USE ONLY) REMAINDER APPRAISEMENT PRINCIPLE VALUE COMPUTATION OF TAX $ $ s $ CODE 92+ 93= CODE Tax on $ $---------+-- Exemptions ===========f====== Total Estate ___________ ...J..._ ___ _ Less Credits TOTAL TAX INTEREST FROM ----- BALANCE TO DATE OF PAYMENT AMOUNT PAID DISCOUNT INTEREST $ + $ + INTEREST FROM----- BALANCE DUE s ____ = ----= BALANCE TO ____ S $ S----------4-- $----------+--- $ ------------1--- TAX CREDIT -REV-457 (1-80) COMMQNWEAL;r"H 'OF PENNSYLVANIA DEPARTMENT Of' REVEI\lUE •TRANSf:ER INHERITANCE TAX RESIDENT DECEDENT INHERITANCE TAX APPRAISEMENT Estate of ___ s_a_m_u_e_l_L_. _v_a_n_E_m_a_n_,_s_r_. _______ _ File No. __ 6_3-_6_9_-_0_7_6 7 __________ _ County _______ w_a_s_h_i_n_g_t_o_n _______________________ _ Date of Death __ 1_2_-_5_-6-8~--------- In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent afteF 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. PROPERTY REPORTED BY THE ESTATE DEPARTMENT'S APPRAISED VALUE 1. TOTAL REAL PROPERTY-SCHEDULE "A" 10,000.00 2. TOTAL PERSONAL PROPERTY-SCHEDULE "B" 3,285.00 3. TOTAL TRANSFERS-SCHEDULE "C" . ' -. 4. TOTAL JOINTLY OWNED PROPERTY-SCHEDULE "E" '· TOTAL REPORTED PROPERTY 13.285.00 PROPERTY NOT INCLUDED IN RETURN BUT APPRAISED BY THE COMMONWEALTH .. " -· -' '-1 TOTAL UNREPORTED PROPERTY TOTAL GROSS ASSETS 13 ?Hii on . LIFE ESTATE OR ANNUITY CALCULATION I do hereby certify that the above appraisement i ade in conformity with Pennsylvania law and has been filed this day with the Register of Wills. 8-1-80 DATE i I i I i •' (OFFICIAL USE ONLY) .. WILL NO. YEAR ________ _ ADMINISTRATION NO. YEAR ________ _ ESTATE OF Samuel 1. Van Eman, Sr ADDRESS Washington COUNTY OF Washington ------------------------ DOCKET NO. J 1 ---~------------ PAGE NO. ol..3 1 LINENO. J • I .- ....... ' •· R!IV-4!!11'.5'(1'"80) SCHEDULE "F" . , COMMONWEA'L.TH OF PENNSYLVANIA * t:SE"¢-ARTMENT OF REVENUE STATEMENT OF DEBTS -' TRANSFER INHERITANCE TAX AND DEDUCTIONS ~ ~ RESIDENT DECEDENT Estate otSamue1 L. Van Eman1 Sr. Date of Death December 5, 1968 File No. 63-69-767 WHEN CLAIMING THE FAMILY EXEMPTION, COMPLETE THE FOLLOWING: Claimant Samuel L. Van Eman, Jr. Relationship to Decedent Son Claimant's Address _5Q,l West McMurray Road, Canonsburg, Pa. 15317 ---·. ITEM DATE NAME OF PAYEE REMARKS NO. AMOUNT 1 2/15/61 Samuel L. Van Eman, Jr. Judgment Note 71000.00 2. r}l/-a/61 Canonsbure: Hospital Medical 31.05 3. 12/15/61 Canonsburg Hospital Medical \ 5.90 4. 4/17/62 First Fed. Sav. & Loan Assoc. No. 667 Feb. Term 1962 D S B 16 I bt>O. 00 ' 5. 4/17/62 First Fed. Sav. & Loan Assoc. No. 668 Feb. Term 1962 D. S. B. 501000.00 6. 10/62 Dr. Joseph H. Carazola Medical bill , 100\00 ' 7. 10/29/6 Canonsburg Hospital Medical bill 363.5,0 8. ll/13/62 Harold .A. Hamilton No. 32 Nov. Term 1962 A .D. 475.08 9. 9/25/63 Canonsburg Thrift Co. No. 131 Sept. Term 1963 A.D. 600.00 10. 10/29/6 Mellon Bank No. 334 Setp. Term 1963 A.D. 21253.01 11. 1/31/64 Pittsburgh National Bank No. 219 Sept. 1963 A.D. 1, 000.00 12. 5/4/64 Robert E. Fuch No. 24 May Term 1964 D.S.B. 400.00 13. ll/12/64 Falconi Motor Co.~ Inc. No.llO Nov.Term 1964 D.S.B. 91,000.00 14. 5A_l3/65 Pioneer Drilling & Pump Co. Pump repair-s to homestead 211.62. 15. 10/12/6f F. J. Buckley .Agency Insurance 45.90 16. 4/15/66 Mary Soffe1 Insurancep remium 47.67 17. 10/25/6 Boroue:h of Canonsbure: No. 264 Sept .. Term 1968 M. L. D. 208.86 18. 10/25/6 P Borough of Canonsburg No. 265 Sept. Term 1968 M. L. D. 109.82 19. 8/5/68 Personal Property Tax Lien No. 798 54.21 20. 8/5/68 Personal Property Tax Lien No. 799 19. 71 21. 12/5/68 Washin2ton Hospital Inpatient ace ount 2.00 22. 12/8/68 Oak Sprin2 Cemetery Openine: and c1osine: e:rave 125.00 23. 12/9/68 Griffith & Boflan Funeral Home Funeral 648 00 TOTAL THIS PAGEl I hereby certify that to the best of my knowledge and belief the foregoing is a just and true statement of debts, funeral. expenses and expenses of administration submitted tov;z:~eductio~;ayh;;: Ta~ /1 z_) f7? . / SfGNATURE OF"A'""fTORNEY/FIDUCIARY DATE .>;;2 OFFICIAL USE ONLY DEBTS AND DEDUCTIONS ARE ALLOWED IN THE SUM OF $ /l4 J"/9, .,.?c.0.T t't: PERCENT. I ~~ ~ddCL/ 0-3--?() REGIST OF WILLS DATE I I /. ... - GENERAL INHERITANCE TAX INFORMATION J •• Unsatisfied liabilities incurred by the decedent prior to his/her death are deductible against his/her taxable estate. In addition to debts incurred by the decedent or estate, other items are claimable including the cost of administration, attorney fees, fiduciary fees, funeral and burial expenses including the cost of a burial lot, tombstone or grave marker. All debts being claimed against an estate are subject to the approval of the Register of Wills with whom the Inheritance Tax Return is filed. Evidence to support the decedent's or the estate's liability for the debts being claimed should be attached to this schedule. A family exemption of $2,000 may be claimed by a spouse of a decedent who died domiciled in Pennsylvania. If there is no spouse, or if the spouse has forfeited his/her rights, then any child of the decedent who is a member of the same household can claim the exemption. In the event there is no such spouse or child, the exemption can be claimed by a parent or parents who are members of the same household as the decedent. t""' "0 0 n ~ ~ ~ !l -> 0 0 Vl z C) n c:: 0 >-3 z ~ z t"" ~ ~ ~ z ::0 > 0 -0 t""' z z ~ >-3 ~ >-3 z 9 >-3 ><: ~ -0 CJl CJl z 0 CJl 0 >-3 "!1 ::0 .9 "!1 -~ 0 -'".rj 0 '".rj -z n -> t"' c:: Vl ~ 0 z t""' ><: -< ><: ~ ~ -> > ::0 ::0 INSTRUCTIONS FOR COMPLETING SCHEDULE "F" 1. If the family exemption is being claimed, indicate the claimant's name, address and his/her relationship to the decedent. Enter "family exemption" in the remarks column and the amount claimed in the amount column. 2. Assign consecutive numbers to each item listed. 3. Enter the date on which each debt was incurred and/or paid. 4. Enter the names of each payee. 5. Provide a brief explanation in the remarks column for each debt claimed. 6. Enter the amount of each debt being claimed. 7. The form must be signed by the person who has assumed the responsibility for paying the debts. PEl(l-80) , OMMONWE,A\-TH OF PENNSYLVANIA riE~RTMENT OF REVENUE . TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "F" STATEMENT OF DEBTS AND DEDUCTIONS Estate of_ Samuel ·L.Y:anEman~Sr. Date of Death December 5, 1968 WHEN CLAIMING THE FAMILY EXEMPTION, COMPLETE THE FOLLOWING: Claimant Relationship to Decedent Claimant's Address ITEM DATE NAME OF PA VEE REMARKS NO. 24. 7/2/69 Register of Wills Probate of Will 2!i _7/14/RA Dr. Marv Cavasina Medical bill 26. 8/1/69 Dailv Notes Advertisina 27. 8/6/69 Washington County Reports Advertising 28. 8/12/69 Re~ister of Wills Order 29. 8/20/69 Register of Wills 1 short certificate 30. 9115169 Personal Property Taxes Lien No. 854 31. 9/15/69 Personal Property Taxes Lien no. 853 32. 9/16/69 Register of Wills 1 short certificate · 33. 9/19/69 Register of Wills Water line matter .,., '. I 10/20/6 ~Kidder Electric Co. Balance from 8/63 -· 34. File No. 35. 10/28/7 ~ R.r:ott'icrt.:n• nf Willer A ncr\11,..,. t n P ... tHi nn R... ~itati nnt 4/27/72 ... .. . 'I 36. Register of Wills Answer to Citation ·- 37. 1/24/73 Register of Wills Rule to Show Cause -., 38. 8/24/79 John P. Liekar Esa. Attorney's Fee 39. 8/24/79 Samuel L. Van Eman, Jr. Administrator's Commission 40 8/24/79 Register of Wills Filing inventory TOTAL THIS PAGEl l ~ 63-69-767 AMOUNT 25.50 150.00 12 50 14.00 2.50 1. 00 19. 71 54.21 1. 00 7.50 20.00 1. 00 1. 00 5.00 400.00 400.00 3.00 I hereby certify that to the best of my knowledge and belief the foregoing is a just and true statement of debts, funeral expenses and expenses of administration submitted to the :g" as deductions for lnheri2 Tax purposes. f-!'l.-1//! ""-~ //. ~ u'7Z/~ ~ L Lh ~ )~ SIGNATURE OF ATTORNEY/FIDUCIARY / -, DATE OFFICIAL USE ONLY DEBTS AND DEDUCTIONS ARE ALLOWED IN THE SUM OF $ AT PERCENT. REGISTER OF WILLS DATE r GENERAL INHERITANCE TAX INFORMATION Unsatisfied liabilities incurred by the decedent prior to his/her death are deductible against his/her taxable estate. In addition to debts incurred by the decedent or estate, other items are claimable including the cost of administration, attorney fees, fiduciary fees, funeral and burial expenses including the cost of a burial lot, tombstone or grave marker. All debts being claimed against an estate are subject to the approval of the Register of Wills with whom the Inheritance Tax Return is filed. Evidence to support the decedent's or the estate's liability for the debts being claimed should be attached to this schedule. A family exempt.ion of $2,000 may be claimed by a spouse of a decedent who died domiciled in Pennsylvania. If there is no spouse, or if the spouse has forfeited his/her rights, then any child of the decedent who is a member of the same household can claim the exemption. In the event there is no such spouse or child, the exemption can be claimed by a parent or parents who are members of the same household as the decedent. r ""d tl n ~ tr:l ~ ~ ..... > 0 0 Vl z C':l n ~ tl ~ z ~ z r tr:l tr:l ~ z ~ 0 -0 r z z tr:l ...., tr:l ...., z 9 ...., -< tr:l -0 Vl Vl z 0 Vl 0 ...., 0 '"rj '"rj ~ "-"~ -. .. ~ -~·--~ •' 0 -Jo'%j m ~-~ 0 Jo'%j -z n -> I ~ ~-~ r .:: ·~~ ~ $ Vl .::. E.~ tr:l -~ t:,.· 0 ~ tq t. z ..... f.:: -~ Y"l ~-r :::!!; -< -< < c:;::) <; ·~· tr:l tr:l -::E .. ..., . > > ~~- C) ~ .. ... ~ ~ o:;> .... •·· INSTRUCTIONS FOR COMPLETING SCHEDULE "F" 1. If the family exemption is being claimed, indicate the claimant's name, address and his/her relationship to the decedent. Enter "family exemption" in the remarks column and the amount claimed in the amount column. 2. Assign consecutive numbers to each item listed. 3. Enter the date on which each debt was incurred and/or paid. 4. Enter the names of each payee. 5. Provide a brief explanation in the remarks column for each debt claimed. 6. Enter the amount of each debt being claimed. 7. The form must be signed by the person who has assumed the responsibility for paying the debts. ...: u ii: ... Ill 0 IN THE COURT OF COMMON PLEAS>.OF,M!ASHINGTON COUNTY, PENNIA. ORPHANS' COURT DIVISION IN RE: ) ) ESTATE OF ) ) SAMUEL L. VAN EMAN, SR., a/k/a ) S. L. VAN EMAN, SR., a/k/a ) SAMUEL L. VAN EMAN, ) ) Deceased. ) No . 7 6 7 of 19 6 9 PROCEEDINGS ON MATTER OF EXCEPTIONS ..1 BEFORE: ~ THE HONORABLE CHARLES G. SWEET, Specially Presiding. !:! 0 :J ., :t ,_ ,.. N APPEARANCES: ADOLPH ZEMAN, ESQ., of Canonsburg, Pa. , re pres e nting the Executrix. ui a: Ill ... a: 0 a. Ill a: ... a: :J 0 u ~TIME: u ii: II. 0 JOHN P. LIEKAR, ESQ., of Canonsburg, Pa., representing Samuel L. Van EmE!-n, Jr. Friday, ~ebruary 9, 1973,;, at '11:00 o'clock A.M.! ~·,. .. . 1 , • • ( ~ / ~ .. 1 ' THE COURT: There is only one very limited rna tter this + ( .• (" morning, and that is whether or not to all'ow the Zeman office an extension of time in which to file their exceptions. We are not . ·' ', ~ ' ' going to talk about the merits this morning. Mr. Liekar, what ... is your posit ion, briefly? j ! MR. LIEKAR: Your 'Honor, I have~.. reviewed the Petition of Mr. Zeman to be allowed to file the exceptions after the statutory time for filing has passed. THE COURT: :-; Statutory or by the rules? MR. LIEKAR: By the rules. rather, on which to file. I cannc t agree to that. And I must be opposed and I do oppose the granting of this permission for filing exceptions. ~ i THE COURT: 0 I-C)" .,~Now, .Mr,. Zeman, ~read your list of rea.sons z .,.: u a: l-UI c .J .., :t ... ,... N ui a: Ill 1-a: 0 0.. Ill a: 1-a: ::> 0 u .J < !:! II. II. 0 ; : I ' ·;. .... ~·~ • !f ., • t -~ ~ t ...-I I ·for why you should be en~itled to ~ile the exceptions late. I also knew as a fact that Judge Marino was unavailable and. -q?t working at the l time. And I, who was the Orphans' Court that month, was home . . . with the pneumonia. So there would have been no one to hear the exceptions anyhow. Accordingly, I feel that your office should be granted the courtesy of additional time to file the exceptions. We will receive the late exceptions and we will hear something on this---! won't need briefs, but I will hear something on this on the afternoon of February 28 at 3:00 o'clock. That is the last day that I am the Orphans' Court. And I am putting it off as long as I can. But I feel the responsibility. since I have said that the exceptions could be filed late, not to pass them on to Judge DiSalle who is the Orphans' Court next month. MR. ZEMAN: You will hear it on the merits on February 28 is that right? 2 ~---------------.. ------------------------------------------------------------------------~------- .. .. • ' :! z <( > THE COURT: That's right. Now if your son is S:ill in the hospital and you are not feeling up to it, I suppose I could receive the argument in writing, if you prefer . MR. ZEMAN: You could receive what? THE COURT: ,The argument in writing. if you would prefer. If you don't feel up to standing here and making oral argument. ~ MR. ZEMAN: I still don't understand you. Ill z z Ill D. i 0 1-Cl z J: Ill <( ~ r-: THE COURT: On the 28th, if Bob is still in the hospital and you do not feel strong enough to stand here and argue. I would receive your argument written out. ~ MR. ZEMAN: By brief. I-III ~THE COURT: Yes, if you prefer. <( u o A :l MR. ZEM N: I see. Now I want to make a matter clear ., :t ... ,... N ui 0: Ill 1-0: 0 Q. Ill 0: 1-0: :l 0 u ..1 <( 0 ii: II. 0 to you. Bob is not in the hospital. Bob has been out of the hospital for two weeks. But the doctors have---he is without pain, but his stomach is expanding. of course. and he is being able to eat stand< rd . \ foods • not hospital Vintage, but 'the d'oct<?rS say that l!nc;lt:;r nO' eire urns tances should he appear in Court for at least another two • I . ' or three weeks or so. Can: we theFe.fore' nbt. ~ait and see what the doctors have to say as to Bob's condition as far as the 28th is . . ' ' concerned? (At the direction of the Court, off-the-record discussion was not recorde.d by the Stenographer). 3 t • e. THE COURT: Let's figure on doing this: if neither of the Zeman's feel good that day, I will take their brief, I will listen to him orally. And if I feel any need for rebuttal, I will set it up at some time in the future. MR. ZEMAN: Some other Judge will hear it? ~ THE COURT: I think I have committed myself to hiin that < > .J >-Ul z z 1&1 . ~ ~ I will take this ""':retched thipg. t . ' ~ MR. ZEMAN: I'd be very happy to have you finish it. 0 1-Cl z J: Ul < ~ ...: (J iii l-UI 0 .J < (J c :;) ., :t ... ,... N ui a: (At the direction of the Court, off-the-record discuss.ion was not recorded by the stenographer).· " ' '' * * * * * * * * * I hereby certify that the proceedings and evidence are contained ~ fully and accurately in the notes taken by me on the hearing of the above 0 0.. 1&1 a: 1-a: :;) 0 (J .J < (J ii: II. 0 cause, and that this copy is a correct transcript of the same. The foregoing record of the pro upon the hearing of the above cause is hereby approved and directed to be filed. ) I IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENN • ORPHANS' COURT DIVISION IN RE: ESTATE OF ) ) ) ) SAMUEL L. VAN EMAN, SR., a/k/a) S. L. VAN EMAN, SR., a/k/a ) c( z SAMUEL L. VAN EMAN, ) ~ ) ~ ~ Deceased. ) z Ill II. i e " z i: Ul ~ IN RE: ESTATE OF and ) ) ) ..: ~ ) ~ MARGARET W. VAN EMAN, a/k/a ) ~ MARGARET S. VAN EMAN, a/k/a ) Q MARGARET G. VAN EMAN, ) g ) ., :1: Deceased. ) ~ N eli a: No. 767 of 1969 No. 799 of 1969 I!! a: 0 PROCEEDINGS ON ANSWER TO CITATION II. Ill a: 1-~ BEFORE: 0 0 .J c( u ii: 1&. 0 APPEARANCES: TIME: THE HONORABLE P. VINCENT MARINO.t Judge of the said Court. GEORGE R. SEWAK1 -ESQ . .t of Washington~ Pa., representing Falconi Motor Company, ROBERT L. ZEMAN, ESQ., of Canonsburg, Pa., representing the Executrix. Thur~day.t October 29, 1970, at 10:30 o'clock A. M., EST. ' 'r • ~ z ~ ..I )o 01 z z Ill D. i e (!) z i 01 ~ ..: 0 01 ... Ul Ci ..I o( u Ci :J ., ~ N ui a: ~ a: 0 D. Ill a: ... a: :J 0 0 .J o( u ii: ... 0 2 THE COURT: Gentlemen, the Ccurt is ready. What do we have to present? MR. SEWAK: Your Honor, I think today was the extended day for the Answer to the Citation and Petition, the Petition of Falconi Motor Company in the two respective estates, Samuel L. V Eman, Sr. and Margaret W. Van Eman. Mr. Zeman, represen both estates and also the sole legatee, Mary Van Eman Soffel, has filed an Answer to the Citation and Petition. And I believe the only thing that would be necessary now would be to set a date for the he ing and go into the matters which were set forth in our Petition. And I imagine Mr. Zeman certainly would have the opportunity then to present any hearing witnesses of anything relevant to ~ur request in the Petition. I think this is all that would be necessary now. MR. ZEMAN: I think that is proper procedure. I don't know whether I heard you correctly, Mr. Sewak. I have no appearance entered for Mary Van Eman Soffel as the legatee. MR. SEWAK: I'm sorry. I thought your Ans\\e r was MR. ZEMAN: The Answer is a consolidated Answer, but o appearance is only entered for the Executrix. I believe, as Mr. Sewak suggested, Your Honor, that if the Petition and Answer do not raise pure questions of law, and I do believe they do raise questions of fact, that the Court should set a date for a hearing on the questions of fact. THE COURT: Yes. I believe that would be the proper proc ure. o( z I feel that both of these petitions should be consolidated for hearing and you have consolidated in your Answer. MR. ZEMAN: Yes1 Your Honor. THE COURT: So that one hearing will suffice. And I think we can set this down for a hearing on Wednesday, November 18, at 10:00 o'clock A.M. We will not send out notices, inasmuch as the ~ parties are represented here in Court. But the understanding is that Ul z ~ the two petitions will be consolidated for hearing and that the one II. hearing will suffice to cover the allegations of both petitions!·sCouns ~ will kindly have ready at said time all persons who are to testify so that all relevant testimony may be heard at that hearing without any necessity for a continuance. ~ 01 ai a: E I hereby certify that the proceedings and evidence are contained ~ Ill a: fully and accurately in the notes taken by me on the hearing of the above ~ ::I 0 u cause, and that this copy is a correct tr cript of the same . ..1 o( i3 ii: IL 0 above cause is hereby approved and directed to be filed. 3 ' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIJ ORPHANS! COURT DIVISION 1 IN RE: ·) ) .' ESTATE OF ) e ) SAMUEL L. VANEMAN, a/k/a ) No. 63-67 ... 767 ) :!: SAMUEL L. VANEMAN, SR., ) z "( ) > .J Deceased. ) >-Ill ) z z Ill Q, i 0 S T IPULATI 0 N ... Cl z X Ill "( , , ~ ...: u ii: BEFORE: THE HONORABLE PAUL A • SIMMONS, Judge . . ... Ill i e c of the said Court, in chambers. I .J "( u c ~ APPEARANCES : JOHN P. LIEKAR, ESQ., of Canonsburg, :z: Pa., representing Samuel L. VanEman, ... r • .. ,.. Ill cti a: ROBERT L. ZEMAN, ESQ., of Canonsburg, Ill ~ Pa., representing Mrs. Mary VanEman 0 Q, Soffel. I Ill I a: ... It :I f 0 IJ .J TIME: December 26, 1975. :!: u ii: . ll. 0 ' e I JACQUELINE HAMMOND I I Official Court Reporter ' Orphans' Court Division I '• f Washington, Pennsylvania <o' 1 ~ ' j . , ' . '' I . ' • . ~ . . ,• . ' I I . . ' l " ' ~ z < > .J )o Ul z z Ill D. i 0 I-C) z x Ul < ~ cri II: Ill ~ 0 D. Ill a: ~ ::1 0 u .J < u ii: II. 0 ? THE COURT: Today 15 the time and place for a hearing and return day in regard to a Citation which was granted upon Mary VanEman Soffel, Executrix of the Estate of Samuel L. VanEman, to show cause why she should not be adjudged in contempt of Court for refusa to obey a Court Order issued in the abovewcaptioned proceeding. This 26th day of December, 1975 was the return day and a hearing was to be held this day, if necessary. It now appears to the Court that the follol ing persons are now present in the Court Chambers, namely: S~muel L.VanEman, Jr., the Petitioner, and his attorne), John Liekar; Mrs. Mary VanEman Soffel, with her attornEy, Robert Zeman; and Mr. Angelo Falconi, who is a lien holder against certain property owned by this estate. At this point, it is the understanding of the Court that a settlement has been made.. Mr •. Zeman, would you please tell us what the terms of this settlement are, and Mr. Liekar, would you tell us whether you concur in Mr. Zemanls statement as to what the settlement is? MR. ZEMAN: As I understand it, although I would . ; like an opportunity to review this to check through the records since I have had to make a very quick list here, that the terms of the settlement are: 1) That the Citation for contempt .1.] ~ ..]' ..] . . . ~ z < > .J )o Ul ·z z Ill D. ;i 0 1-1!1 !:: l: Ul < :s: ...: u a: Iii Q .J ~ u Q ~ ., % .. ,.. N ui a: Ill 1-a: 0 D. Ill a: 1-II: :I 0 u .J < ij 'i:i: II. • 0 , . 2) That Falconi Motor Company, Inc. would release the lien of the following judgments: Against all premises of which Samuel 1. VanEman, Sr.~ and/or Margaret W. VanEman died seized, except the premises situate in North Strabane Township, Washingtvn County, Pennsylvania, which are the subject of.this proceeding. The .judgments referred to are the following: A judgment at 548 September Term, 1974 A. D. An execution at Number 20 November Term, 1971 E. D., and the judgment on which it was based at 542 September Term, 1969 A. D. An execution at Number 21 November Term, 1971 E. D., which was based upon a judgment at Number 109 July Term, 1970 A. D. 3) That in addition, Falconi Motor Company, Inc. would execute a general release of liability of Mary VanEman Soffel individually and .as Executrix·of'the Estates of Samuel 1. VanEman, I • Sr. arid· Margaret W .. VanEman. It being our under-. ... . .. -' standing that Falconi Motor Company is the only lien .holder of.reqord against the estate of the said decedent, with the possible exception of the Common- t ••.• 'wealth.of P~ndsylvania and the various taxing distric~s, and/or any Federal Tax liens. That Samuel 1. VanEman, : ------------------------------------------------------------------------------ ~ z o( ~ )o en z z Ill Q, i 0 I-C) z l: en o( ~ ..: u it 1-CI) c ..I ~ u c ::l .., % .. ,.. N Jr. would execute a general release as to all claims which he might have against,Mary VanEman Soffel individually and as Executrix of said decedentts estate and said estates except the claim based on the Article of Agreement covering the premises which is ·the subject of the Citation. 4) Further, the said Falconi Motor Company, Inc. shall exonerate the sai:d Mary VanEman Soffel individually and as Executrix of the Estate of Samuel VanEman and the Estate of Margaret W. VanEman from all personal liability under any mortgages which it now holds, wherein said decedents are mortgagors. 5) That Samuel 1. VanEman, Jr. will execute, acknowledge and deliver a Satisfaction of a Judgment entered at Number 211 July Term, 1974 D.S •• against Samuel 1. VanEman, Sr. and Margaret W. VanEma , his wife. 6) That Falconi Motor Company, Inc. wil execute and deliver unto Mary VanEman Soffel in- dividually and as Executrix of the estates of said decedents its bond, conditionedfor the payment of a sum not in excess of $7700.00 to reimburse the said Mary VanEman Soffel individually and as Executrix of the estates of said decedents for such amount as she shall be required to pay for and on account . - L I _I ---------~.~,+-----------------------------~------t --,--_ ---------------------~---1 t '. ; ,,l·' ,. ' , ' . '•' .. ,M r r~· 11 ~ I ~f' . .,. f · .... .,. .... r ;, :!! z o( > ..J >-VI z z Ill Q. i 0 .... CJ z X VI o( ;!: ..: u a: Iii i5 ..I ~ u i5 :J "I : ,. ,.. N' IIi It Ill ~ 0 Q. Ill a: ~ :I 0 u .J o( 0 ii: II. 0 of funeral, burial expenses (not to exceed $+700.00 of said money). And the remaining sum of money, $6,000.00 for and on account of any monies shall be applied to any monies that will be required for the ; .''i:P,9.Y~ent of th~ Pynnsylvani"\. Transfer Inheritance Tax • ' • • i ~;>l '.) . for t.s~aid two' e sta'te s .. , It is expressly under stood that said $6,000.00 shall first be applied to any '! ' ' * ..,..l--~ . ·Inh~ri tance·, Tax due as a consequence of the transfer .. of the subject property from said estate or estates ~ ' ~ r to Samuel VanEman, Jr., and any balance thereafter shall be applied generally to pay the Inheritance Tax due to the Commonwealth of Pennsylvania and/or the United States Government by either or both of said estates. 7) Mary VanEman Soffel, Executrix of the said decedent, will, concurrently with the perforn- ances aforesaid, deliver unto Samuel 1. VanEman, Jr., the Deed dated October 13, 1974, for certain premises situate in North Strabane Township, Washington Countyl Pennsylvania, under and subject to the various matter~ mentioned therein, which said Deed has been heretoforE approved as to content and form by John P. 1ie~ar, Esquire, Attorney for Samuel 1. VanEman, Jr. AnY other matters relating to the estates not herein mentioned will be resolved during the course of the administration. 5 -· ' ' o( f z :_f < > ... ' )o· VI ' z z "' II. i 0 ~ (!) ~ :r Ul < 3: ...: u a: ~ U) iS ... < u iS :I .., X .. ,.. Ill IIi a: "' ~ a: 0 II. "' a: '" It :1 0 v .J < 0 ii: II. 0 8) Falconi Motor Company, Inc. will, at the request of Mary VanEman Soffel, Executrix, - either satisfy of record or assign to such person as she shall nominate without recourse, a certain mortgage of record in Mortgage Book 480, page 354, covering property situate in the Second Ward of the . , · .. ~oroljgh of.:Qanon~Rurg, Washington County, Pennsylvani • -· . ' • j .\ l -_ . .,. , . ' '. .. (Mar/ VanEm~n _So~fel~ Samuel 1. VanEman, Jr. and Angelo Falconi are·duly,sworn). . , ; . : . -, I . ' EXAMINATION OF MARY VANEMAN SOFFE1 BY THE COURT: Q What is your name? Mary VanEman Soffel. Q You are the Executrix of the Estate of Samuel 1. VanEman. A Yes. Q You heard your attorney, Mr. Zeman, recite the terms of the settlement. A Yes. Q Are you in agreement with it? A Yes. ~---------------------------------------------- ·' . ' .. I e EXAMINATION OF SAMUEL VANEMAN, JR. BY THE COURT: Q A Mr. VanEman, what is your full name? Samuel VanEman. Q You heard Mr. Zeman recite the terms of this agreemen • Are you in agreement with these terms? A Could I ask you, the date of that Deed is October 13, ~ z ~ > .J )- VI z z 1974, that is incorrect, is it not? ~ MR. ZEMAN: No. i 0 ... ~ z A J: !II <( ~ Judge, is the date October 13, 1974? ...: MR. ZEMAN: At the time the Deed had been prepared--u ii: ~ THE COURT: c .J ~ , ',· ... the Deed? ~ .A -~I ; Q • I' I f ~ ~ ill: ~: MR .v ZEMAN·: . : · :t .. ,.. ·" ., l- What difference '' I • t • ,, ~ ~ ' .. d'''t I It rriakes fa lot does the date make on of difference; it might N make a lot of difference between Angelo and myself. rri II: "' ... MR. LIEKAR: . They delivered the Deed. II: 0 7 A. "' II: MR. VANEMAN: '. I . ... II: . ' t :1 0 in any v ' . ' other Does it make any difference, the taxes, way, having October 13, rather than toda:s t s .I ~ u ii: ... 0 MR. MR. date on it? L.IEKAR: No, not to my knowledge. VANEMAN: What 1 s your reason for not dating it the date of delivery? MR. ZEMAN: Because it 1 s already been done. In other words, we were prepared to deliver. MR . VANEMAN: If it was already done, why wasntt it delivered? ' . . . I 8 MR. ZEMAN: The answer to that is you are not prepa~ed to go through with your end of the deal. MR • V ANEMAN : THE COURT: ness. MR. VANEMAN: ~ THE COURT: > .J agree to it I was prepared thmas I am now. Mr. VanEman, let 1 s. stop all this foolis~- Itm not the foolish one, Judge. Just a second. You 1re either going to or youtre not going to agree to it. )o a! z z Ill Q. MR. VANEMAN: I have to agree to it, but itts dishone t. i 0 ... ~ z :t Ill c( 3: ui a: THE COURT: You don1 t have to agree to it. I don 1 t want you to agree to it if you think this is not a proper deal. I don 1 t want you to agree to it. MR. VANEMAN: It 1 s not a proper deal. But I 1m forced; I 1 ll agree to it. It 1 s totally dishonest, but I 1ll agree to it. THE COURT: Ill ~ MR. VANEMAN: Well, I 1m going to saY this like it is--- Because it 1 s got to be ended some way. Are you doing this on advice of your 0 Q. Ill a: ~ :I 0 1.1 .J THE COURT: attorney or not? < u MR. VANEMAN: ii: Ifm doing it because--- II. 0 THE COURT: Are you doing it on advice of your attorney, Mr. Liekar, who is here before the Court? If you think this deal is dishonest, we dontt want you to sign it, and the Court will proceed to do what it has to do. Now we do not want you to stand here and say that you are signing a deal that you think is dishonest. Now if you don1 t want to sign ' . ·.• ~---------------------------------------------------- : . ' . i • ' I .~ ' I ~ ' -f ,., • ~ t ... •. f .,. • , 3 • t .' " it~ there 1 s no comp'uis.ion on you to sign it. MR . V ANEMAN: I understand this. l I • . A • ." ·• ' . 9' THE lCOURT: "'· · · t Now I want the record to be clear on thj s. ~ow·you either tell us you want to sign it free and ' willingly and on advice of your counsel or we don1 t vant you to agree to it. z ~ MR.. VANEMAN: Itm doing it that way but I still say wlat >-Ql ~ I said • .., Q, ~ THE COURT: I 1m going to ask you a question. Are ycu t-"' z :t Ill < $: ..: u signing this, are you agreeing to this settlement on advice of your counsel? a: MR . VANEMAN: t-Ill Yes. a ..1 THE COURT: Are you agreeing to this willingly withcut < u a :I .., X .. ,... N ui a: .., coercion? MR • VANEMAN : Therets no duress. 1 1m agreeing to it willingly but it1 s still dishonest. ~ ~ THE COURT: Do you think you want to do it? 1/J a: ~ MR. VANEMAN: Itm going to do it without any duress :1 0 u ..1 c ij iL Ll. 0 doing it. But it 1 s not honest. I have no other choice, · appar-en'tly, but go along with dishonesty. Itm going it without any duress. Robert understands what I am saying and my sister understands. MR. ZEMAN: Let me break in here, Your Honor. I take serious exception to the allegations and the implications that Mr. VanEman has stated. I know of o dishonesty in this matter. I do not know of anything UV VV U..LVU '-L ·~------------------------------------------- ,_ . ,: ' z o(' ~ MR • VANEMAN : I allude to everything connected with i and it has nothing to do~Jwi th you; nothing. She know • MRS. SOFFEL: I don 1 t know what he 1 s talking about, Judge.- MR. ZEMAN: Do I understand what you term dishonest' is the fa:ct that your sister was the sole devisee in the Wills of your mother and father? ~ MR. VANEMAN: z z It has no thing to do wi ih that . Ill 0.. i 0 .... Cl z X U) o( ~ ..: u •0: .... U) Q •, THE COURT: I want to ask you, what, in your mind, leadsyou to believe this is dishonest? I think the record ought to show it if there is anything dishones I' ·because the Court;is not going to approve anything ' ' I "" . ' ' . tqa't i-s. dishonest~·! •:".;'(:' "'. ~ .. :;. .. II - .J o( u MR. ZEMAN:. 0 And/wontt sign anything. ;) .., % .. ,... MR. VANEMAN :, -I, ,-_, · · From your standpoint, Judge, because I ' 1() N ui a: am sure you don 1 t know, there 1 s no way of you knowing -- ' ' . ~ THE COURT: i - ' I want you to tell us. 0 0.. Ill a: .... a: MR . V ANEMAN : What in my mind-----? g THE COURT: v Do you think the thing-is dishonest? .J ~ u G: II. 0 Tell us about it. MR. VANEMAN: From your standpoint, from what I would assume you know, there is no dishonesty connected witl it. From what I know about mY family background, my father, my mother, my sister, the 607 West College propert¥,all the many hundreds of steps that have bee1 taken for years back towards getting it to this point which I was involved in, with my father, which my sis~er .. .. l 11 had nothing to do with, and expenses and taxes and lo~e and everything else with the family unit that have built ~ z < > ..I >- it to something, and the whole thing is wrong; the whole thing is wrong. THE COURT: MR . VANEMAN : SpecificallY, I want to know something. I can tell you all kinds of specifics, which I 1 d rather not get into. ~ THE COURT: Let 1 s put it this way: the Court is not z Ill a. i 0 ... aware of anything that is dishonest about this deal. ~ MR. VANEMAN: I know this. For one thing, first of X: VI < ;!: .,.: u it Iii c .J ~ u c all, I~ll go along with it without duress, from my own decision, because of my attorneyts suggestion, I 1ll go along with it, and will agree to it and say nothing more)· if this is what you want. :I' • . ' . ' (' ,'I"don 1 t wan·f-' it if you don 1 t want it. ~.THE'-COURT: .. ·· ... · .. " N . MR. VANEMAN: en a: Ill I want it because if we don 1 t do somethi~g ~ ~ , ·soon ·.th~re ":ill be nothing left. That 1 s the only reasop. Ill . ; a: THE COURT: You are willing to compromise a disputed ~ ::1 0 v .J c Q MR. II. "- 0 THE ~. s ; ·m~tt~r in ~~der to get peace. VANEMAN: Right. That 1 s the only reason. COURT: But again, we saY to you, and I am asking you directly, you are not doing this because you are being forced to; you are doing this of your own free will. MR. VANEMAN: Correct. THE COURT: ' Now, Mr. Falconi, as the officer of ·' ·~ e t": ; ' . ' • t ' .. ~ z o( > ..1 ~ Ill z z "' A. Falconi Motor Company, Inc., are you willing to go along with this? MR. FALCONI: Yes, I might as well. MR. ZEMAN: May I suggest to the Court that in view of the fact that the Falconi Motor Company, Inc. counsel is not present and has played a significant part in the .various negotiations, and in view of the fact that the interests of Falconi Motor Company, Inc. 12 i 0 I-C) z :t Ill o( 3: are very significantly involved here, that an opportunity should be afforded George R. Sewak, Esquire, to go ove~ this Stipulation and to make such objections as he ...: ~ feels proper in the interest of his client. I-III· ~THE COURT: That is agreeable. ~ u o MR. LIEKAR: I think that is proper too. ::l ., ~ THE COURT: ... So we will do that. Now except fo± the N vi objections that M:r r;· Sewak might file, we are going to a: "' 1-a: consider this matter settled as to this particular 0 A. "' a: 1-situation. And we are leaving open the antiques or a: ;, 0 v any other situation that might develop in the future • ..1 ~ u ~MR. u. 0 *~-I I .. . . .. ' ZEMAN: As I say, the only thing that I was r, -: 'mncerned with here, is that other documentation may .. ,/ ,., f I t# i • ~ · : t ~ ... ~ ' • .J jll ~ • .'1.-.... ~ .be· necessary, for·purposes of the public record and ~ for amplification . . .. ., I THE COURT: . r'' • • •: ~ * I certainly believe Mr. Falconi should ~ ' not be bounq without his attorney checking on these I \ • ' ·matters for his protection. I I : ,' "-• $·.,. <( z <( > .J >-VI z z Ill' Q. i 0 I-C) z J: VI <( ~ . ' . . , .. ' . f , ~-' ·' ( ll:it. '• 'I MR. ZEMAN: -• ~-· I ~'' • ,. What I mean is that certain documents mus't be·_ e:x'~~uted, acknowledgEd and filed or recorded, nd that same should be done. In addition, I believe t the form of the documents mentioned have been 8PProv by all counsel involved. THE COURT: However, it is my understanding Mr. S-ewak will be-given a right to a complete overview of this whole matter in order to protect Mr. Falconi and Falconi Motor Company, Inc. Itd like to ask Mr. 1iekar, you heard the statements of your client. It is your opinion that E is in his best interests fuat he ought to settle this matter, is that true? ..1 MR . 1 IEKAR : ~ That 1 s my opinion,arld I have so advised u 0 :;) "'' :t '" ,... N IIi a: Ill ~ 0 Q. "' a: him. THE COURT: And also, are you of the opinion that he is not suffering any duress or compulsion in agreeing with this proposed settlement? ~ MR . 1 IEKAR: :I 0 v Not to my knowledge, sir. .J c ij i;: "' 0 * * * * * * * * * * * * * * * , ... ... , Stenographer's Certifi~~te < I hereby certify that the proceedings and evidence z < ~are contained fully and accurately in the notes taken by me )o Ul z ~on the hearing of the above cause, and that this copy is a ~ . ~correct transcript of the same • ... Cl z J: Ul < . ~ : IIi a: Ill ~ ~ Ill a: ~ ' ' .3 .. .. : ·' . ' ... ' C~rtific~te 6f H~aring Judge :I 8 The foregoing record of the proceedings upon the hear _, oC uof the above cause is hereby approved and directed to be filed. ii: II. 0 By the Court, -------------..---------------------------------------------.c-------. e e :$ z IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~ PENNA. ORPHANS' COURT DIVISION IN RE: ESTATE OF SAMUEL L. VAN EMAN~ SR., S. L. VAN EMAN, SR., a/k/a SAMUEL L. VAN EMAN, ) ) ) ) No. 767 of 1969 ~· ~ Deceased. z a/k/a) ) ) ) ) ~ :.-:1 ---..1 . C) :-a z Ill D. i 0 ... 1!1 z :t Ill < 3': ..: u a: ... Ill Q ... <( u Q ::1 ., :1: J: 01 ui a: Ill ... 0: 0 D. Ill 0: ... 0: ::1 0 u ... <( u iL 1&. 0 J::.· Ill (/) -:.) c :;;=. c=.> • ::c -· ,·I, (/) ' -· -· ('] -and =-~: •. r .. """-' ' '7· iT1 r -.-.J -l --' -t -·; ESTATE OF ) ) MARGARET W. VAN EMAN, a/k/a ) No. 0 z 0 7 9 ~of_: 1_~ 6 9 ·--o "" -~ --"- 0 ""'*-,.; '-'-' .. _..., _ .... . r z MARGARET S. VAN EMAN, a/k/a ) -o I 0 J> (J) c::;:) MARGARET G. VAN EMAN, ) ) - Deceased. ) BEFORE: HEARING ON PETITION FOR LEAVE OF COURT FOR EXECUTION AND FOR SALE OF REAL ESTATE THE HONORABLE P. VINCENT MARINO, Judge of the said Court . APPEARANCES: BLOOM, BLOOM, ·ROSENBERG & BLOOM, .ESQS.~ of Washington, Pa., by George R. TIME: Sewak and Thomas D. Gladden, representing Falconi Motor Company, Inc., Petitioner. ZEMAN & ZEMAN, ESQS., of Canonsburg, Pa., by Robert L. Zeman, representing Mary Van Eman Soffel, Executrix. Wednesday, November 18, 1970, at 10:00 o~.:Ciock A.M., EST. ' ----------~r-----------------~----------------------------------------------~-----1 I ' 2 I N D E X WITNESS Direct Cross Redirect Recross GUY ROGERS 4 e GILDA KERNS 9 28 ANGELO FALCONI 35 38 52 56 :! z cc GILDA KERNS (Recalled) 70 > ... >-Ul z z MARY VAN EMAN SOFFEL 74 82 Ill D. i 0 ... " z i Ul cc == ti iii ... Ul Q e ... cc u Q :I .., . ~ "' ai II: Ill ... II: 0 D. •Ill II: ... II: :I 0 u ... cc u ii: II. I e 0 3 THE COURT: Mr. Sewak? MR. SEWAK: If it please the Court, today was the time set for the hearing on respective petitions in the estate of Margaret W. VanEman, a/k/a Margaret S. Van Eman~ a/k/a Margaret G. Van Eman, deceased, at Number 63-69-799, and also in the estate of ~ Samuel L. Van Eman, Sr., a/k/a S. L. Van Eman, Sr., a/k/a z ...: > ..J S muel L. Van Eman, deceased, at Number 63-69-767. And I > 01 z z Ill II. am prepared today to proceed on our Petition for Leave of Court i 0 1- C) for Execution and for Sale of Real Estate on behalf of our clients, z i Ill ~ Falconi Motor Company, Inc, whom we have alleged in our petition~ .,: u 0: are the lien holder on a judgment against all the real estate of both 1-Ill a ..J respective estates. And for that purpose I have p~~~ntEd to the ...: § c :;) Court a motion for consolidation of this hearing. And I have the ., % 1:. N same here so that both may be heard at the s arne time. There are ai a: Ill 1-a: no genuine issues of law in fact that are urgent to anything that we 0 II. Ill . a: would present • 1-a: :;) 0 u THE COURT: The Court will grant the motion for consolidation ..J ...: u ii: of the proceedings in this matter so that all may be heard at one IL 0 ' and the same time. (At the direction of the Court, off-the-record discussion was not recorded by the stenographer). THE COURT: I don't believe the Court is inclined to proceed ex parte in this matter, particularly if there has been a misunder- standing concerning the time set for the hearing, although the Guy Rogers 4 record shows 10:00 o'clock. We will see if we can locate Mr. Zemcn and we will resume at 10:30. * * * * * * * * * * * MR. ZEMAN: Before we convene, Your Honor, may I offer my profuse apologies to the Court. My appointment book showed this hearing as 10:30 and I understand that I must have transcribed the _ time incorrectly at our conference in chambers. THE COURT: We understand. Mr. Sewak, you may proceed. Mr. Zeman, there has been presented this morning to the Couirt a motion for consolidation of the various proceedings here in the onie hearing. Did you_have a copy of that? MR. SEWAK: I gave him one. MR. ZEMAN: I just received a copy and we have no objection to the consolidation, Your Honor. THE COURT: You may proceed, Mr. Sewak. MR. SEWAK: Your Honor, I'd like to call Guy Rogers to the stand. GUY ROGERS IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. SEWAK: Q Will you state your name please? A Guy A. Rogers. Q And Mr. Rogers. are you affiliated in any way with the R~~ister of I Guv RoQ'ers 5 Wills Office of Washington County, Pa. ? A I am Deputy Register of Wills of Washington County. Q In your capacity as Deputy Register of Wills, did you have access to the papers on file in the estates so filed in Wash:ington County? A Yes. Q Mr. Rogers, I hand you this particular Will and the estate proceed l1gs. Can you tell us whether or not that's the records which were filed in the Register of Wills Office on the Margaret W. Van Eman estatE ? A We have the Application for Probate of the Will of Margaret W. Van Eman, also known as Margaret S. Van Eman or Margaret G. Van Eman, North Strabane Township, Washington County, Pa. Q And can you tell us from your records that you have in front of you what the date of her death was? :1: 5 A Date of death was the 29th of October, 1968. ai a: Ill Q ... a:: And on the application is there any statement as to any real estate? 0 a. Ill a: ... A Real estate located in the Second Ward of the Borough of Canonsburg a: :I 0 u ~ in Peters Township, Washington County, Pennsylvania, $15, 000, u ii: IL estimated value. 0 Q Is there any personalty value? e A $3500.00. Q And does the application show who the sole legatee is? A Mary Van Eman Soffel, daughter, Thompsonville Road, McMurray, Pa. Q Is she the only one listed as an heir or legatee? .-----------.-.-----------------------------------------------.----, I Guy Rogers A That is correct. Q Do you also have the Will of Margaret Van Eman? A I do. Q And would you read for the Court the Last Will and Testament of Margaret Van Em an? A The whole Will? Q Yes. (• ' MR. ZEMAN: In order to save time, Your Honor, we certainly would admit the validity of the Will which was filed and wnich the witness has been asked to read. And may w..:e suggest that it be incorporated in the record as an exhibit, unless the Court would prefer the witness to go through it and read it. THE COURT: I see no reason for reading the Will into the record, unless counsel has some special idea. MR. SEWi\K: I don't have anything special but I'd like to have it incorporated in the record. THE COURT: It will be so ordered. A The Will was probated as of July 7, 1969. Q And can you tell us to whom Letters were issued? A Letters were issued to Mary Van Eman Soffel named in the Will. Q Is she the one that is Executrix of the Will? A Her husband was named,Samuel L. Van Eman, Sr., and in case 6 Guy Rogers 7 he couldn't act then he appoints his daughter, Mary Van Eman Soffe , which she was qualified on the probate of the Will. Q Are there any other papers filed in this particular estate other than the application plus the Will? A That's all I have with me. There's a Will and the application for o( probate and the witness blank. The other papers I wouldn't know z o( > ... >-without going down the office . Ill ~ ~Q Prior to coming to this Court, did you obtain all the papers that i e Cl were filed under that particular number in the estate of Margaret z i: Ul o( := Van Eman? .,: u A ii: I was <nSked to bring up the Will. 1-Ul Q Q ... Now, Mr. Rogers, I hand you papers which I obtained from the Reg·ster <( u Q ·:I of Wills Office in the estate of Samuel L. Van Eman, Sr., and ask ou ., :1: 1:: "' whether or not an application for Letters was made in that estate? IIi 0: Ill A .... 0: The Application for Probate of the Will of Samuel L. Van Eman, Sr., 0 II. ld 0: 1-also known as S. L. Van Eman, Sr., als<;> known as Samyel L. Van 0: :I 0 u Eman, North Strabane Township, Washington County, Pa., :ft:pplica ion .1 <( u ii: IL was made by Mary Van Eman Soffel. 0 Q Can you give us the date of his death please? A The fifth day of December, 1968. Q You say the application for Letters was made from Mary Van Emar Soffel? A That's right. Q And .:>is she the one that was to act under the Will? ------------------.------ Guy Rogers 8 She is the one that was acting as sole heir under the application. Is she also the sole legatee under the Will? That is correct. On the application, does it show any realty? Realty is estimated at $55, 000. And where was it located? North Strabane Township1 Washington County, Pa. Is there any notification as to personalty? $100.00. When was the Will probated? The Will was probated July 7, 1969. I have no further questions . MR. ZEMAN: No cross examination. MR. SEWAK: Except one thing, Your Honor. I would ask that the Will of Samuel L1 Van Eman also be incorporated into the record. THE COURT: Is there any objection to that? MR. ZEMAN: There is no objection~ Your Honer. THE COURT: It is so ordered. MR. SEWAK: Your Honor~ I call Mrs. Gilda Kerns. ~~~~~~~---,,-;-------------------~~~~--------------~~~~----.----- ..: 0 iii ~ Q .I o( Gilda Kerns MRS. GILDA KERNS IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. SEWAK: Q Would you state your name please? A Mrs. Gilda Kerns. Q Mrs. Kerns, are you employed in the Prothonotary's Office of Washington County, Pennsylvania? Yes, sir. And in what capacity are you employed? Deputy Prothonotary. In that capacity, you would have access and knowledge of the records of the official files in the Prothonotary's Office of Washing on County . 0 CiA :I ., Yes. :J: S Q Mrs. Kerns, I hand you papers from the Prothonotary's Office ui 0: I!! relative to Falconi Motor Company, Inc., Plaintiff, versus S. L. 0: 0 II. Ill o: Van Eman, Sr., Margaret E. Van Eman, Samuel L. Van Eman, Jr , 1-0: . :I 8 Dorothy Sargent Van Eman, which appears to be filed at Number llp .I o( 0 iL II. 0 A Q November Term, 1964 D. S. B. Now are those the papers which ha' e been filed under that number and term in the Prothonotary's Office of Washington County, Pennsylvania? Yes, sir. Now was a judgment entered at that number and term styled as, titled Falconi Motor Company, Inc. versus respective defendants? A Yes, sir. 9 < z ~ > en z ffi Q II. i e A I!) z i: en ~ ..: ~ Q ... en a .J < § 0 Cl ~ N ui Ill: ~ 0 II. ~ Q ... Ill: :J 8 A .J < 0 Q ii: II. 0 Gilda Kerns 10 MR. ZEMAN: If the Court please, we object to the form of this question because it is essential, that the names of the defendants, as they appear on the do u- ment now being used by the witness be specified and be m de a part of the record. THE COURT: We will permit the witness to further testiyy to that effect. Would you testify as to who the defendants are by name? Yes, sir. S. L. Van Eman, Sr., Margaret E. Van Eman, Samuel L. Van Eman, Jr., Dorothy Sargent Van Eman. Now could you tell us what the basis of this judgment was? MR. ZEMAN: If the Court please, this question is objectionable. It's asking for a legal conclusion of the witness. THE COURT: The objection is sustained. In what manner was a judgment entered at this number and term? As a default judgment, sir . Upon what? Was a paper filed? A 1t was a default. It's a note, a personal note, a judgment note. Q Would you read the demand note which you have in your possession. MR. ZEMAN: We ask that the answer of the witness be stricken for the reason that she is stating a conclusion of law, and for further reason that the best evidence are the file papers themselves. ----~------~----- ---------------------.---- Gilda Kerns 11 THE COURT: As I understand it, the witness is reading or has been requested to read from a file paper We will permit her to do so. As to the conclusion of law, the motion is overruled. The judgment note is one that is commonly known to a layman and to the public. We will < permit her answer to remain on the record. We will now z < > .J >-permit her to read from the note as requested by counsel. fl) z z Ill D. Exception is noted. i 0 Q ... " Would you read the note please? z :t Cll A < 3: The amount of the note is $91, 000.00, dated January 3, 1964. ..: u a: "On demand after date we promise to pay to the order of Falconi ... !!! c .J Motor Company, Inc. Ninety One Thousand And No/lOOths payable o( § c :I ., · at Canonsburg, Pa. Without defalcation, value received, with X t:. (II interest at 6% from January 3, 1964. And further, we do hereby ui a: Ill ... a: empower any Attorney of any Court of Record within the United Sta es 0 D. Ill a: ... or elsewhere to appear for us and after one or more declarations a: :I 0 u filed, confess judgment against us as of any term for the above .J < i3 ii: IL sum with costs of suit and Attorney's commission of 5'/u percent 0 for collection and release ·of all errors, and without stay of executi)n and inquisition and extension upon any levy on real estate is herecy waived, and condemnation agreed to and the exemption of personal property from levy and sale on any execution hereon is also hereby expressly waived, and no benefit of exemption be claimed under an by virtue of any exemption law now in force or which may be here- after passed. Witness our hand and seals." Signed S. L. Van Eman, .----------..--------------------------------------------.------- Gilda Kerns 12 Sr., Margaret W. Van Eman, Samuel L. Van Eman, Jr., Dorothy Sargent Van Eman. May I apologize to the Court for not having my glasses and the print was rather little. THE COURT: That 's all right . Q Does the note also state under the signatures of Samuel L. Van Eman, Jr. and Dorothy Sargent Van Eman, Co-maker? Does the word Co-maker appear under their signatures? A Yes, sir. I'm sorry. Q Can you tell us whether or not a certification of residence was filed with that p.articular note? A Yes, sir. Q And when was that filed? A November 12, 11:58 A.M., 1964. Q Would that also be the time that the judgment note or the note which you had read was filed? A Yes, sir. Q In accordance with your procedure in the Prothonotary's Office of Washington County, Pennsylvania, was a judgment then entered on the docket entries of the Prothonotary's Office and the judgment indexed in this judgment as a judgment against Samuel L. Van Ema~, Sr., Margaret E. Van Eman, Samuel L. Van Eman, Jr. and Doroth~ ! Sargent Van Eman in favor of Falconi Motor Company, Inc.? A Yes, sir. MR. ZEMAN: At this point, if Your Honor pleaf e, ----------------------------------------- Gilda Kerns 13 we move that all testimony relating to this note with respe t to the signatories S. L. Van Eman, Sr., and Margaret W. Van Eman be stricken, for the reason that the signatures on this note have not been proved; and secondly, that the witness has just testified, with respect to Margaret Van Eman, the witness has just testified that a judgment was entered against Margaret E. Van Eman, whereas the note itself clearly shows what purports to be the signature of one, Margaret W. Van Eman. THE COURT: The mot ion is refused. MR. ZEMAN: And the Court will note us an exception to that, I take it? THE COURT: An exception is noted. Q Mrs. Kerns, on the certificate of residence, can you tell us who th agent for the creditor was? Does it show who the agent for the creditor was? A Richard DiSalle. Q Do you know whom Richard DiSalle is ? A Yes, sir. Q Was he an attorney of the Washington County Bar Association, to yc ur knowledge? A Yes. Q And he is the same Richard DiSalle who is presently Judge of the Court of Common Pleas of Washington County, Pennsylvania? L__ __________ ------- Gilda Kerns 14 A Yes, sir. Q On the !l:·ertificate of residence, does he list, as agent for the creditors1 the names of the individuals against whom a judgment w< s entered against S. L. Van Eman, Sr., Margaret W. Van Eman, Samuel L. Van Eman, Jr. and Dorothy Sargent Van Eman, and giving nesidence as 601 W. McMurray Road, Canonsburg, Washingion County, Pa. ? Yes, sir. MR. ZEMAN: This is objected to1 if Your Honor- please, for two reasons. First, the certificate or the cert - fication of residence is the best evidence. And secondly, this witness is being asked the question as to whether Richard DiSalle made the entries on the certificate of resi dence, and a foundation for such testimony has not been laid. MR. SEWAK: Your Honor, if it becomes necesf ary1 I will certainly ask our President Judge, Richard DiSalle, to testify for us to show whether or not he has not lentered that note as agent for the creditors. MR. ZEMAN: That is not the thrust of our objection. The thrust of our objection is that as to whether Mr. DiSalle made the entries which appear above his signature on that certificate. THE COURT: The objection is overruled. Gilda Kerns 15 \Exception noted. Q Mrs. Kerns, in the papers that you have at present, was there any revival al<t:tiio_n;filed at your office upon this judgment E:entered at Number 110 November Term, 1964 D.S. B.? .A Sir, I believe you have that particular folder on your desk pertaini1 g to the revival. Q I hand you what has been marked 542 September Term, 1969 A. D. A Would you like me to--- Q Are those the records of the Washington County Prothonotary's Office? A Yes, sir. Q Now would you tell me in examining those records whether or not there was a Praecipe for a Writ of Revival filed? A Yes, sir. There was a Praecipe for Writ of Revival filed October 24, 11:04, 1969. Q And can you tell us what the caption of the case was for the Revival~ A Praecipe for Writ of Revival. Q And can you tell us whether or not this Revival is in relation to the Revival of Number 110 November Term, 1964 D. S. B. ? MR. ZEMAN: This is objected to. The record speaks for itself. And may I see it for just a moment? Q She certainly can answer the question whether or not the records reflect this, Your Honor. THE COURT: The objection is overruled. You Gilda Kerns 16 may answer the question, Mrs. Kerns. A Yes, sir. It is as a result of the 110 November Te~m. D. S. B .• being revived. Q Can you tell us who the Plaintiff was and who the Defendants were? e A Yes, sir. Falconi Motor Company, Inc .• Plaintiff, versus Samuel c( L. Van Eman, Jr .• Dorothy Sargent Van Eman, Mary Van Eman z c( > .J )o Soffel, Executrix of the Estate of S. L. Van Eman, Sr., deceased, CD z z Ill II. Mary Van Eman Soffel, Executrix of the Estate of Margaret E. i 0 1-" Van Eman, Deceased, Mary Van Eman Soffel, Terre Tenant, z x ·en c( Defendants. ~ ..,: Q u a: What would the date ·of that Praecipe be? 1-Ul 0 A -.J o( u October 24, 1969, 11:04 A.M. 0 Q :J Mrs. Kerns, I would ask that temporarily that you put that file asic e ., % /:: N and look at Number 110 November Term, 1964 D. S. B. file to ui 0: Ill 1-0: determine whether or not any papers were filed on behalf of the 0 II. Ill 0: 1-Plaintiff, Falconi Motor Company, Inc. relative to having Mary a: :J 0 u Van Eman Soffel to be substituted for the person of S. L. Van Ema , .J c( u ii: ... Sr. and also for the person of Margaret E. Van Eman. 0 A Yes, sir. On October 24, 11:01, 1969, a Praecipe was filed, e attorney for the Plaintiff. Q Who was the attorney for the Plaintiff at the time? A Mr. John P. Liekar. Q What did the paper filed show, Praecipe for what? Gilda Kerns 17 A It just says Praecipe, sir. But l'd'bis suggested of record that the defendant---'' do you want me to read it? Q Yes, please. A "S. L. Van Eman, Sr. died on December 5, 1968, and that Letters e Testamentary upon his estate were issued to Mary Van Eman Soffel, :$ by the Register of Wills of Washington County, Pennsylvania, on z < > .... July 7, 1969. >-m z z Ill II. Substitute Mary Van Eman Soffel, Executrix of the Estate pf i 0 1-" Sl L. Van Eman, Deceased, as a party Defendant to this action. z x m < 3: It is ~uggested of record that the Defendant, Margaret .,.: 0 0: E. Van Eman, died on 29 October, 1968, and that Letters Testame[ltary 1-m ' Q e .... o( u upon her estate were issued to Mary Van Eman Soffel, by the Regi1 ter Q :I of Wills of Washington County, Pennsylvania, on July 7, 1969. .., :t ~ 01 Substitute Mary Van Eman Soffel, Executrix of the Estate pf ai It Ill 1-It Margaret E. Van Eman, Deceased, as a party Defendant to this 0 II. Ill It 1-9-dtion. Signed John P. Liekar, Attorney for Plaintiff." It :I 0 Q 0 Now is there any further papers in relationship to that Praecipe .... <( u ii: ... relative to the substitution of Mary Van Eman Soffel as Executrix o 0 the estate of Margaret E. Van Eman, deceased? A Would you be referring to the Rule? Q Was a Rule issued? A There is a Praecipe also by Mr. Liekar. "It is p,uggested of recorc that the Defendant, S. L. Van Eman, Sr., died on December 5, 19 8, and that Letters Testamentary upon his estate were issued to Mar -~--------------------------.---- Gilda Kerns 18 Van Eman Soffel. by the Register of Wills of Washington County, Pennsylvania, on July 7, 1969. Issue rule to show cause why the said Mary Van Eman Soffel should not be substitutes as a party defendant to this action. Signed John P. Liekar. 11 There is a similar one pertaining--- Yes. I was going to ask you that. Would you read that? There is a similar one pertaining to Margaret. Was that also filed at the same time, dated October 24, 1969? No. sir. That one was filed October 27, 1969, and reads. "It is suggested of record that the Defendant, Margaret E. Van Eman, died on October 29. 1968. and that Letters Testamentary upon her 1 estate were issued to Mary Van Eman Soffel, by the Register of Wills of Washington County, Pennsylvania. on July 7, 1969. Issue Rule to show cause why the said Mary Van Eman Soffel should not be substituted as a party defendant to this action.' It's also signed by John P. Liekar, Attorney for the Plaintiff. Do your records show that a Rule was issued? Yes, sir. On both of these Praecipes? Yes. It's here. The Sheriff's Return of Service of those Rules. All right. "I hereby certify and return that on Friday. the 31st day of Octobe1 1 1969 at 4:00 P.M .• I served the within Rule upon the within named defendant Mary Van Eman Soffel, Executrix of the Estate of S. L. L__ ______________ - - - Gilda Kerns 19 Van Eman, Sr., Deceased by handing to her personally at her residence, Q cc z ~A .J > UI z ~Q Q. i eA C) z x ~Q ~ 435 Thompsonv-ille Road, McMurray, Washington County, Pennsylv nia, a true and attested copy of the within Rule and making known to her the contents thereof. So answers Robert Hessler, Deputy Sheriff, Edward J. Protin, Sheriff. " Is it similar to one served upon Mrs. Soffel on the other Rule? Yes. It's the one that we were ordered to issue . When was the Rule to be returned, return date of the Rule? November 17. What year? .,.: u ii: A 1969. On both Rules, si:r. 1-Ul Q .J Q Subsequently, doyour records show that an Order of Substitution cc ij Q :I was entered and signed by the Court allowing .the substitution praye 1 ., :1: ~ Ill for by the Attorney for the Plaintiff in this action? ui II: Ill 1-II: A Are you referring--- 0 Q. Ill II: Q The Order of Substitution. 1-II: :I 0 u A Oh, I see. On December 11, 9:51, 1969. "And now, December 10, .J cc ij ii: 1969, it appearing that the Rule to show cause was duly served upm ... 0 Mary Van Eman Soffel, Executrix of the Estate of Margaret E. Van Eman, Deceased, by personal service by the Sheriff of Washington County, Pennsylvania, on October 31, 1969, and that no Answer ha3 been filed, it is ORDERED that she be and is hereby s.ubstituted as a party defendant inplace .and stead of Margaret E. Van Eman. By the Court, C. G. Sweet." I r-------------------------~---1 Gilda Kerns 20 Q Is there an order for Substitution also filed in the other estate? A Yes, sir. The order dated December 11, 1969, at 9:51. Order For Substitution. "And now, December 10, 1969, it appearing that the Rule to show cause was duly served upon Mary Van Eman Soffel Executrix of the Estate of S. L. Van Eman, Sr., Deceased, by personal service by the Sheriff of Washington County, Pennsylvania on October 31, 1969, and that no Answer has been filed, it is ORDERED that she be and is hereby substituted as a party defendan in place and stead of S. L. Van Eman, Sr. By the Court, C. G. Sweet." Q Now, Mrs. Kerns, those papers which you have in your hands are the file at Number 110 November Term, 1964 D. S. B. A Yes, sir. Q Was that the complete file is that right? A Yes, sir. Q In that file ts there any satisfacti:Qg· piece filed showing that this judgment has been satisfied of record? MR. ZEMAN: This is objected to as an impropEr question. It's incomp~Mnt, irrelevant and immaterial at this time because the witness's answer wouldn't prove if it was satisfied or not, Your Honor. THE COURT: The objection is overruled; exception noted. If the witness knows she can answer it. What was the question, Mrs. Hammond? .----------~-------------------------------------------::----- Gilda Kerns 21 (lStenographer reads back last question): "In that file is there any satisfac ion piece filed showing that this judgment has been satisfied of record?" A To my knowledge. no, sir. Q Mrs. Kerns, would you return to the Revival file that you have? I forget the number. 542 September Term, 19691 A. D. A y . ~ es. s1r. z ~ Q I believe you already testified who the Plaintiff was at that action, ~ z z ~ Falconi Motor Company, Inc. and who the Defendants were in that i 0 ~ action. z % i A Yes, sir. Which shows the substitution of Mary SoffelJ, Mary Van Eman Soffe 1 as Executrix of the respective estate in place of the original person~ in 1964 judgment. Yes, sir, I did. Now was a Writ of Revival issued by your office? Yes, sir. A Writ of Revival was issued October 24,. 1969. And can you tell me whether or not the Sheriff made a return which would reflect service upon the parties? A Yes, sir. The Sheriff made a return the 30th of October. Q The Sheriff made a return showing the service? A "That on Thursday. the 30tfu day of October, 1969, at 10:30 A.M. I served the within Writ of Revival upon the within named defendant Mary Van Eman Soffel, Executrix of the Estate of S. L. Van Eman Sr., by handing to her personally at her residence, 435 Thompson' ille L___ _________________ ----------------------------- Gilda Kerns 22 Road, McMurray, Peters Township, Washington County, Pennsylvc: nia, a true and attested copy of the within Writ of Revival and making known 1 to her the contents thereof. So answers Robert Hessler, Deputy Sheriff, and Edward J. Protin, Sheriff. " Q They were all served. Can you tell, was all the service made on th¢ same date by the sheriff and upon whom? Yes, sir. All services were made on October llli, 1969, with the exception here is one to Samuel Van Eman, the WritE:Of Revival at his residence~ McMurray, Peters Township, a true and attested copy of the \w.lithin Writ. ., And to whom were the other ones made to? You say Samuel Van Erhan. Mary Van Eman Soffel, Executrix of the estate. That's the one I read. The estate of S. L. Van Eman, Sr. I read that in its entiretJ. Writ of Revival. To Mary Van Eman, Executrix of the estate of Margaret E. Van Eman, deceased, Writ of Revival. To Mary Van Eman Soffel, Terre Tenant, at her residence1 Writ of Revival upon the within named defendant. Samuel Van Eman, by handing to him personally at his residence, McMurray, Peters Township, Washington County, Pa., a true and attested copy of the within Writ of Revival and making knowntto him the contents thereof. A Writ of Revival upon the within named defendant Dorothy Van Eman by handing to Samuel Van Eman1 person in charge, at their residenre, McMurray, Peters Township, Washington County, Pa., a true and attested copy· of the within Writ of Revival and making known to him ~---------------------------------------------------------------------------.------ 23 the contents thereof. So answers Robert Hessler, Deputy Sheriff and Edward J. Protin. That's the extent of the Sheriff's returns, sir. Q Mrs. Kerns~ was a default judgment Ientry made at the direction of any attorney for the Plaintiff, any Praecipe for the default judgmen ? MR. ZEMAN: If the Court please, this is obj ect~d to for the reason that the proper foundation has not been laid for the entry of the default judgment by the testimony of this witness and the file papers which she has read. THE COURT: We will permit the witness to testify as to whether or not there was any answer filed in the said proceedings. Were there any answers filed, Mrs. Ker~ as far as your records would reflect in this action, any answer filed by any of the people so served either by them or any counsel of record appearing for them? No, sir. The only attorney was Mr. Liekar. THE.COURT: Now we will permit the previous question. Mrs. Kerns, would you answer whether or not--- MR. ZEMAN: I hope the Court will notice we will renew our objection, of course. THE COURT: The objection is overruled. Q Was there any default judgment entered, any Praecipe filed for the Prothonotary to enter a judgment? I Gilda Kerns 24 I A Yes. Q Can you tell us when that was filed? A December 11, 9:56, 1969, there was entered judgment of revival in favor of the Plaintiff and against Samuel L. Van Eman, Jr .• Dorothy Sargent Van Eman1 Mary Van Eman Soffel, Executrix of the Estate of S. L. Van Eman1 Sr •• Deceased1 Mary Van Eman Sof el, Executrix of the Estate of Margaret E. Van Eman. Deceased, Defer- dants, and Mary Van Eman Soffel, Terre .Tenant, for failure to file an answer b:r otherwise plead to the Writ of Revival within twenty {20) days of service thereof, and assess damages as follows: Would you read it? "Original Judgment, $91,000.00. Interest from January 3, 1964 to December 10, 1969, $3, 241. 07. Total -$94, 241. 07 Dated: 10 December, 1969. Signed John P. Liekar, Attorney for Plaintiff. Judgment of Revival Entered and Damages Assessed as Above. Bob A. Franks, Prothonotary." MR. ZEMAN: If the Court please, we ask th..9Ji ' the testimony of the witness regarding the entry of judgme t be stricken for the reason that it is contradictory to the pleadings filed in this case and to the Citation issued; there being a significant discrepancy in the amount pleaded by the Plaintiffs here, by the Falconi Motor Comp ny, and the amount set forth in the Citation and the proof just offered by this witness. ~------ 1 :!: z < > .J > Gl z ~Q a. i 0 1-" z i Gl c ~ .,: u A i 1-!!! Q .J < 0 jj :J .., :r: 1:. til vi a: Ill 1-a: 0 a. Ill a: 1-a: :J 0 u .J c 0 ii: IL 0 Gilda ,._,.. 25 MR. SEWAK: Your Honor, before any ruling is made, I am not finished with this witness to show there is an entry of $123,000 judgment of record. So as far as his objection to that, it's premature. THE COURT: The motion is refused at this juncture, subject to further ruling upon the testimony to bE adduced. Exception noted . Mrs. Kerns, do your records further reflect an amended judgment which was filed and would you tell us when that was filed and the amount? Would you just read it for us please? An amendedjjydgment of revival was filed December 15, 9:31, 1969 "To: B. A. Franks, Prothonotary: Enter jU.dgment of revival in favor of the plaintiff and against Samuel L. Van ·Eman, Jr., DorothlY Sargent Van Eman, Mary Van Eman Soffel, Executrix of the Estate of S. L. Van Eman, Sr., Deceased, Mary Van Eman Soffel, Executr~x of the Estate of Margaret E. Van Eman, Deceased, Defendants, and Mary Van Eman Soffel, Terre Tenant, for failure to file an answer or otherwise plead to the Writ of Revival within Twenty (20) days of service thereof, and assess damages as follow~: Original Judgment-$91,000.00. Interest from<IJanuary 3, 1964 tc December 10, 1969 -$32, 305.00. Total -$123, 305.00. Dated: 10 December, 1969. Signed John P. Liekar, Attorney for Plaintiff Judgment of Revival Entered and Damages Assessed as Above. Signed Bob A. Franks, Prothonotary. Dated: 15 December, 1969. ' ----------~~----------------------~0u!·il~rl~:a~~K:e~rnLQ_s ____________________________ 1_26 Q Thank you. MR. ZEMAN: If the Court please. at this point we move that this Judgment be stricken for the reason that it was not entered within the time required by the applicab e e section of the law on rules of civil procedure. For it is ~ my understanding that all judgments of revival must be z o( > .J >-perfected. entered and filed of record within five years m z z Ill Q, from the date of the original entry of !judgment and that thE i 0 ... CJ z record will show. I believe. that more than five years had i Ill < ~ elapsed prior to the entry of this amended judgment. And .,: 0 a: therefore. it is functus officio. it is innefective and should ... {I) 0 e .J < § not be admitted in the record for the reason it is incompetE nt c :J and irrelevant. ., :t' 1:. Ill en THE COURT: The motion is refused; exception 0: Ill ... 0: noted . 0 Q, Ill 0: ... MR. SEWAK: Your Honor. I move that the 0: :J 0 0 .I records filed in the Prothonotary's Office of Washington o( 0 iL II. County. Pennsylvania, at numbers 110 November Term. 0 '• e 1964 D. S. B; and at Number 524 September Term. 1969, A. D. be incorporated in this record by reference and mace a part hereof. MR. ZEMAN: And we offer the following objectitms to Mr. Sewak's offer. if Your Honor Please: In the first place, we renew our objection and assert that the entry of ---- Gilda Kerns 27 judgment in the amount of $123, 305.00 was belatedly filed and was not entered within the time prescribed by law. Secondly, that the judgment, the amended judgment purpor s to amend a prior judgment in the amount of $94, 241.07, which amount is contradictory to the pleadings in this case And the pleadings have not been amended to provide that the proof and that the allegations be similar. Next, that the proceedings followed in this case are not in accordance with the law; that there has been no complaint filed notifying the Executrix in the two estates mentioned as to the nature of the claim, contrary to the law and the rules of civil procedure. Next, that the Defendant, that one of the Defend< nts named throughout is Margaret E. Van Eman and that the n te which was entered at Number 110 November Term, 1964·, D. S. B. contains no such name as an obligor. And for the further· reason that the documents offered in evidence at this time, although they purport to be file papers, official file papers from the Prothonotary's Office, are inc'ompetent and irrelevant to the proceedings involved. THE COURT: The obj ecta,-vns are overruled; exception noted. The documents will be incorporated by reference and made ~ part of this record. MR. SEWAK: Thank you, Mrs. Kerns. I have no further questions. --------------- ---------------------------------------------------~------ Gilda Kerns CROSS EXAMINATION BY MR. ZEMAN: Q Mrs. Kerns, how long have you been employed in the Prothonotary s Office? A Six years, 1964 . Q And you are the Chief Deputy? A Yes, sir, presently. < z ~Q > m :z :z Ill D. i eA C) :z ~Q 3: l: And in carrying out the functions of your position, you customarily handle the satisfaction of judgments in this office. Is that not corre< t? Yes, sir. And is it not a fact, Mrs. Kerns, that judgments are generally satisfied by notation on the docket and not by separate instruments or papers filed except in cases of finance companies? Yes, sir. Or by attorney of record. 5 Q Or by the attorney of record, yes. In other words, satisfactions in ai a: I!! suits of this nature are ordinarily filed by notation on the docket a: 0 D. ~ signed by the attorney of record . ... a:· :J 8 A Yes, sir . ..I < ~ Q And that there •a;r>e seldom, if ever, airF such suits any independent 1&. 0 satisfaction papers found among the records of the proceedings. Is this not a fact? A Yes. Q Mrs. Kerns, you have gone through these papers, I take it, with su ~1:1 diligence as your time permits. Will you state whether or not there is anything in any of these instruments in the nature of an original 28 I --------~~~~ ------------------~G~il=d~a~K=e~rn=s~--------------------~~~2~9-- A Q A Q ~A z o( ~Q > Ol z ~A D. i ~Q z i Ol o( ~ ~A 0: l-UI ~Q o( § g A ., X 1=: "'Q ui 0: Ill 1-0: 0 D. Ill o: A 1-0: :J 8 Q ..I o( u ii: ... 0 document containing the name of Margaret E. Van Eman? They are all pertaining to Margaret E. Van Eman. All of the file papers pertain to Margaret E. Van Eman. Is that cor ect? And the A. D. file, yes, sir. And in the D. S. B. file also, is that not correct? The original judgment note was signed by I didn't ask you that question. The file papers. You said file papers and that is a part of the file, sir. Apart from the judgment note, does the name Margaret W. Van Em:tn appear anywhere in the papers? Just on the certificate of resi.&nce. On any of the file papers does the name Marga!ret S .. Van Eman apr:ear? Margaret S., sir? No, sir. I do not find a Margaret S . Will you examine the papers and tell the Court whether the name Margaret G. Van Eman appears in any of those papers? You do mean---- I mean anywhere in the papers. Mr. Sewak, in order to save the witness difficulty, will you stipulate that the names Margaret W. Van Eman, Margaret S. Van Eman and Margaret G. Van Eman do not appear in any of the file papers or any of the documents whi h have been offered in evidence except the name Margaret W. VanE !nan on the judgment note? MR. SEWAK: I didn't file the papers as attorney for the plaintiff. I see the relevancy here. You denying th t Gilda Kerns 30 Margaret W. Van Eman signed a note of judgment, was entered as Margaret E., are not one and the sa me person, I certainly wouldn't stipulate to that. Q All right. Then the witness must go through the papers, I guess, and tell the Court whether or not the name Margaret G. Van Fman appears in any of the file papers which she has in either of the two cases. A Margaret G. and Margaret S. Q Yes. Q Your Honor, I did not find any other name except Margaret E. Van Eman. MR. SEWAK: That is with the exception of what was on the note. A Right, sir, and hurriedly going through it also. MR. SEWAK: Thank you. Q Mrs. Kerns, do you have with you papers in a proceeding at Number 109 July Term, 1970, A. D., in a proceedings styled Falconi Motor Company, Inc., Plaintiff, versus Mary Van Eman Soffel, Executrix, et al? MR. SEWAK: Your Honor, I object to this questioning, this line of questioning, because we are not pertaining to any other action which may be presently filed that has no bearing whatsoever on this particular petition, 1 Gilda Kerns 31 based upon the facts and pleadings as filed and the answer as contained in this Citation and the question is moot as far as this Court is concerned as to any other particular pleadi gs. MR. ZEMAN: If the Court please, may I expla ·n e what is involved in this question, since the Court perhaps has not bad the benefit of the information which Mr. Sewak ~ z < > .J and I have? >-Gl z z Ill D. MR. SEWAK: I object to you allowing him to i 0 ... ~ explain to you, Your Honor, because this is on the record . z x Gl < 3: This matter has nothing to do with this action. If he wants t i to explain it, it can be off the record, but not on the record ... Gl 0 e .J 01( § This is a matter, the number and term which he is s peaktn1 c :J of which the Prothonotary's Deputy would testify to, has not ., :1: ~ 01 been finalized. It's a pending proceeding, and therefore, en a: Ill ... a: has no relevancy in this particular matter . 0 D. Ill a: ... THE COURT: The objection is overruled. We a: :J 0 u will permit counsel to explain briefly to the Court for the .J < 0 ii: ... help to the Court that it might give. 0 MR. ZEMAN: If Your Honor please, at Numb "r e 109 July Term, 1970, A. D.---- THE COURT: The Court, of course, understand3 that this explanation, although on the record, is not part of the testimony. It is only an aid to the Court in the matter a issue. Gilda Kerns 32 MR. ZEMAN: That is correct. We could do th js by perhaps making an offer on cross examination, but in th interest of 6!Xf)aditing this hearing we felt that the i.nformatic nal factor might be beneficial. The proceedings was filed in the Court of Common Pleas of Washington County, Pennsylvani , in the Civil Division on the law side of the Court, and was styled Falconi Motor Company, Inc., PlaintifC versus Mary Van Eman SoffelL Executrix, et al. And I will not takP. u p the time of the Court or the record to list the various defendants. But substantially, it's a Complaint in Assumps t on behalf of Falconi Motor Company, based on a note which presumably is the saQJ.e note that has been offered in eviden~e by the witness, Mrs. Kerns, now on the stand. And in the Complaint the Plaintiffs claim the sum o $110, 745.54, which includes interest on the sum of $91,000.00 and attorney's commission; that this suit was filed, as I say, and preliminary objections were filed in response to the Complaint on behalf of the Defendants, of some of the Defendants, the ones that we represent; and that this mattel is still pending on the law side of this Court and is on precisely the same obligation as is the subject of these Cita ions. And that we now have what appears to be the pendency of three proceedings. First--- THE COURT: Let the Court interrupt at this ----------------------------------------------------------------------------------------~------ .. ' L __ <( z ~ .I >-Ol z z Ill II. i ~ Q z i Ol ~ ~ a: l-UI Q .I o( § c :J ., :1: S A ui· a: Ill Q 1-a: 0 II. Ill a: 1-a: :J 0 A (J .I o( jj iL II. 0 Q Gilda Kerns moment. I believe we have enough on the record to acquaint the Court with the factual situation. I don't see any necessi y · for any further explanation. We can proceed with our prese t proceeding and whether or not it can become effective in th future or whether the other actions shall take precedence, that is a matter for future cons ide ration by this or other Courts. It will not interfere with our issue here. Let's go ahead with our subject. All right, Your Honor. Thank you. At this time--oh, I have just a couple more questions on cross examination. Mrs. Kerns, in the file papers which you have, both on the original judgment and on the revival, will you state whether or not there is a Declaration of Default among the papers? On the note, on the original note ? Is there a Declaration of Default executed by the Plaintiff or on the Plaintiff's behalf? You mean at 542 September, '69 where they entered the judgment revival on default? On either proceeding, either on the original judgment note or on th" attempted revival. Is there a document styled Declaration of Defadt? A No, sir, not styled in that wording. Q Will you state, Mrs. Kerns, from the file papers which you have ir your hands, in both of the proceedings, is there a document styled Complaint? 33 Gilda Kerns 34 A No, sir. Q Will you state from the papers in your hands in both proceedings whether there is a document styled Statement of Claim? A No, sir. Q Then the only, I take it that the only document in the file papers w.t ich you have and to which you have testified other than returns of servire and praecipes for judgment is a praecipe for a Writ of Revival. Is that correct? A A Praecipe for Substitution. Q Oh, yes. But in addition to the Praecipe for Substitution, is there anything except the Praecipe for Revival? A There is an amended revival paper filed. There is a PraeCipe for Writ of Revival, then there is a Praecipe for an Amended Wrik. Is that wha tyou mean? Q Yes. In other words, those are the only documents relating to and setting forth a claim of the Plaintiff. Is that correct? A Yes, sir. Q At this point, Your Hvnor, we have no further ca:;oss examination of this witness. But we would prefer that Mrs. Kerns not be excusEd and we would ask to have her appear in the defense and bring with her the file papers at Number 109 July Term, 1970, A. D. THE COURT: Mrs. Kerns, you are excused temporarily. When you are :requested to return you will bring with you the file papers that have been mentioned by Mr. Zeman. -----------.-.--------------------------------;;---- A ne"elo-Falconi 35 A Yes, sir. THE COURT: She can go about her work and we will call her whep. we are ready. (Witness excused). e < z < > .I >-Q) z ANGELO FALCONI IS CALLED AND SWORN. z Ill D. i DIRECT EXAMINATION BY MR. SEWAK: 0 ... Ill z i Q Please state your name. Q) < 3:: ..: A Angelo Falconi. u ~ ... Ill Q Q Mr. Falconi, are you affiliated in any way with Falconi Motor e .I < § Company, Inc. ? c :I "'I :z: ~ A Yes, sir. I am President. "' ai II: Ill Q You are President of Falconi Motor Company, Inc. ? ... II: 0 D. A Yes. Ill . II: ... II: :I 0 Q Mr. Falconi, are you familiar with the debt, if any, that is owed tc u .I < ij Falconi Motor Company, Inc." by the Van Eman's, Samuel L. Van tman, ii: IL 0 Sr., Samuel L. Van Eman, Jr., and Margaret Van Eman, Margar=-t e W., Margaret E. Van Eman? A Yes, I am. MR. ZEMAN: If the Court please, this quest i< n is objected to. It lacks particularity. The witness is being asked if he is famil_iar with the debt. Angelo Falconi 36 Q ~·s.cPt,e'sti.dent of the company, I am asking whether or not he is familiar. THE COURT: I am sure that we will have cla:r i- fying questions which will follow this one. So let's proceed. Q The debt I have reference to is the subject matter of our Petition o( on your behalf, Falconi Motor Company, for the amount which has z o( > -I > been put of record, of $123,305.00 .. Are you f~miliar with that m z z Ill transaction? 0. i 0 A ... CJ Yes • z % m Q o( 3:: Can you tell this Court what the total amount due and owing under ..: u it this is at the present time? ... Ul Q -I MR. ZEMAN: This is objected to, if Your o( 0 Q :I Honor please. The pleadings set this forth. And evidence ha , X .. .... N been introduced from file papers from the public records ar d ui r:t: Ill ... r:t: they are certainly better evidence than the testimony of this 0 IL Ill r:t: witness. ... . r:t: :I 0 u THE COURT: The objection is overruled; -I o( 0 ii: ... exception noted. You.may answer the question. 0 Q How much money is due and owing to Falconi Motor Company? A As of July, 1970, $105, 000. Q $105, 000 as of July, 1970? A Yes. Q Now this debt has not been paid and the judgments have not been satisfied by you or by Falconi Motor Company. I ,---------------~------------ Angelo Falconi 37 MR. ZEMAN: Objected to as leading. THE COURT: It's a leading question. It can be answered if it were asked properly. What is the situation today with regard to satisfactd:~g of that debt? Will you tell us? Your Honor, there is $105, 000 owed on it as of today, with interest. It does not include the taxes, which is approximately eight to nine thousand dollars due on back taxes. THE COURT: What we are asking now J Mr. Falconi, is with respect to the satisfactiOJ1.11 of the debt. Has any of it been paid and if so, is there any notation of satisfaption on any of the records so indicating? Do you know whet her · there's been any payment on that debt? Yes, there has. THE COURT: You are the President of the Company. Yes, there have been some payments. THE COURT: But the amount that you are giv ng us now that was due of $105, 000 approximately, in July, 1970, now have there been any payments since that time? No. THE COURT: So that you state that that is thE amount now owing or was owing Wt July, 1970. A Yes, Your Honor. Angelo Falconi 38 THE COURT: And therefore, you would answer that there have been no satisfactions marked on any records showing any payment which wruld conflict with that figure?- A That's right1 sir. THE COURT: All right. You may proceed. Q I have no further questions. CROSS EXAMINATION BY 'MR'~ ZiEMA'N: Q Mr. Falconi, will you state specifically what makes up the debt of $105, 000 as of July, 1970? A Well, I'd have to get my records to do that. MR. SEWAK: Your Honor, I would object to this type of cross examination on this question. The subject matter of the debt arising, it's not how the debt arose. As to what proceeding has been filed in the Pro- thonotary's Office, the subject rna tter of this proceeding here, we are not going into the ramifications of how the debt arose. THE COURT: I don't understand the question to be in that nature. I understand the question simply to require this witness to remark, if he can, what the figure that he now is giving is based on. Is it a judgment or is it Angelo Falconi 39 something else and how do we come to this figure of $105, 0 JO? I understand that to be the purport of the question. If this witness can answer it, he may. MR. SEWAK: I didn't understand his question either. He wanted to know how the debt arises. THE COURT: We are going to assume that wa 3 the purpose of the question. So let's proceed. Does he know or doesn't he? A I can give you a rough idea, Your Honor. Say that they owed us $94, 000 for a period of six years. The interest would be approximately $5500.00 a year. And the taxes which we have been paying is appro i- mately $3,000 a year. You take $5 and $3,000, that's $8500.00 a year for six years. It would be over $50, 000 in interest and taxes in six years. So you add that on $94, 000, and you get $144,000. So if the debt is $105, 000 there was approximately $40, 000 paid. Q When were these payments made? A Whenever they sold property; Mr. Disalle was the attorney for--- Q When did they sell the property? A They sold lots, differer:t property during the course of six years. Q Yet you gave them no credit on the interest then, did you? A We kept a separate record because the taxes had to be paid. Q You are charging them for taxes which you paid in the Tax Claim Bureau . Is that right ? Angelo Falconi 40 A Yes . I added on to the r:a ge . Q Did Mary Van Eman Soffel ever tell you to pay the taxes? A a On what? Q On anything. A I had to pay them or the property would be sold. c( Q I didn't ask you that question. z c( > ..I >-MR. SEWAK: Let him answer the question, CD z z Ill II. please. i 0 ... Q ., z Did she ever tell you to do it? :t Ul A c( ~ No. .,: u Q 0: May I interpose an objection here, Your Honor, and before I contin~e---... CD Q ..I c( THE COURT: Do you want ~Q) object to your u Q :I ., cross examination? ~ til ui MR. ZEMAN: No. I am objecting to the testimpny a: Ill ... a: of this witness. It suddenly occurs to me that this witness 0 II. Ill a: ... is, testifying against a des cedent and he is the President of a: :I 0 u ' ..I the company and he has now disclosed that he has an advers"' c( u ii: II. interest. and therefore. any testimony from this witness is 0 violative to the Act of 1887. I e MR. SEWAK: Your Honor--- THE COURT: The objection is overruled; exception noted. This witness was called on direct examination. And there was no objection to his competency. Now you cone up for cross examination and you are thereby given the ~--~-----~~-----------------------------------""!""""--- Angelo Falconi 41 privilege and opportunity of cross examining him within the scope of the direct. So we are going to forget all about--- MR. ZEMAN: The Act of 1887. THE COURT: Yes. Q All right . Mrs. Van Emanrm..v::Br told you to pay the taxes, did she? A Which Mrs. Van Eman? ~ z ~Q Mrs. Sam Van Eman. > Ul z ~A D. Certaj.nly they told me to pay it. i eQ ~ When did she tell you? z x ~A :t I ~u:is told by Sam; I was told by Mrs. Van Eman. ~Q a: When did Mrs. Van Eman tell you to pay taxes ? 1-!!! Q A .... Whenever she was living. o( 0 Ci Q :I When, whenever she was living? ., :1: 1:: A Ill 1964. ui II: Ill Q 1-II: When in 1964? 0 D. Ill A II: I don't remember. I'd have to look at the records. 1-II: :I 0 Q u Where were you when she told you this? .I o( 0 A ii: Oh, I think it was in one of the attorney~s offices. b. 0 Q What attorney's office? A Rodgers or ---!think it was SamRodgers. Q What specifically did she say to you? A Bob, they were back, whenever I went to help them out they were back then about three years on their taxes. I had to pay--I not only--_if I remember right, I think I paid '62, '3, and '4 taxes. Q I didn't alkyou that question. I said when and where gid ~be ask you --------------,,.---------------~~--- Angelo Falconi 42 to pay her taxes ? MR. SEWAK: Your Honor, I think he's answered the quest ion several times. THE COURT: The objection is overwuled. We have a proper question if he can answer it. I am not sure I know what you mean, Mr. Zeman. I asked you a simple question. When and where didJMrs. Sam Van ~man ask you to pay the taxes ? I don't remember where. You don't remember? 1t could be in Mr. Rodgers' office, Attorney Rodgers' office. Did Sam Van Eman, Sr. ever ask you to pay the taxes? Yes. They all asked me to pay. They were going to lcs e their property if I didn't pay it. When and where did Sam Van Eman, Sr. ask you to pay the taxes;? Whenever I was talking to him. I talked to him quite frequently. How many times. did they ask you? I don't know. They asked me once. Where? Oh, the time I paid of:(, when they owed Huber a mortgage, I paid that mortgage off. Q Isn't it a fact there weren't any taxes due at that time? A Maybe there weren't. I'm not positive, Bob. Q So they couldn't have asked you to pay off taxes if none were due, An!!Plo H'akoni 43 could they? A They asked me the next year. I don't remember, 164 or '65. But the taxes did come due a year later. And I can prove where I paid them. Q Isn't it a fact, Mr. Falconi; that you or Falconi Motor Company pa·d the taxes on certain Van Eman properties in order to protect the judgment lien which you had? A Well, yes, that too. Q That is the reason, isn't it? A Well, sure. I have to pay them to protect ourselves. Q Arrl that is why you paid them, not because you were asked to. Isn't that correct? A Well, the taxes were paid. Q Just answer my question. The reason you paid them was to protect your own interests and not because Van Eman asked you to pay theq. A I paid it to protect my own interests and because they asked me to pay them too. Q And you have added the a mount that you paid on the taxes into this statement of indebtedness of $105,000, haven't you? A Yes, I did. Q Mr. Falconi, how doyou account for the increase from $105, 000 in July, 1970 to an indebtedness of $123,3:05.00 in September, 1970 P A I don't know. Those papers were turned over to the attorney whenev8r we had to revive them. But the actual amount owed was $105, 000. AnQ'e lo Falconi 44 Q So you can't account for the difference between what you swore to in the papers and what you are swearing to here now. Is that right? MR. SEWAK: That is objected to, Your Honor He answered. He said he tur.hed the papers over to the attor~ey and he's already testified the actual amount due and owing tc him is approximately $105, 000. THE COURT: The objection is overruled; exception noted. He is asked whether he can account for the variance. He can answer that. MR. SEWAK: Your Honor, I think the questior was, hatiid ask the question how can he account for the fac that he had $123, 000 and he says that he didn't. But he turn d it o• t over to the attorney. I think that's the answer to the questioh.. THE COURT: We will permit him to answer the specific question if there is a :r:;eque:s.~t;ffrr.:..~one. What was the question now, Mrs. Hammond? (Stenographer reads back last question): "So you can't account for the difference between what you swore to in the papers and what you are swearing to here now. Is that right ? '' THE COURT: You can answer that. The questrion is so you can't account. If you can, why, give an answer to it. A The only thing I can account for is $105, 000. Q .tlaveyou sold any lots since July, 1970? l_ ----------------~------------------------------------------------------.------ Angelo Falconi 45 A No. Q In your petition for Citation you request the right to levy an executil:m on certain property. Is that right? A Yes. Q What property do you propose to levy the execution on? A c( All the properties that--- z c( > ..I > MR. SEWAK: Your Honor, I object. I believe en z z Ill D. this is beyond the scope of the direct examination completely. i 0 1-I!) THE COURT: The objection is sustained. z :t en c( ~ This Court, in its jurisdiction, is not interested in the .,: u ii: parcel or parcels of property which would be executed upon 1-en Q ..I by this judgment. We are concerned with whether the execu ion c( § Q :I should proceed on the judgment. ., :1: ~ Q Ill Is there any execution pending? ui II: ld A 1-II: I don't know whatyou mean by that. 0 D. ld II: Q 1-Do you have a pending sheriff's sale? II: :I 0 u THE COURT:CJ That would be a question that ... o( 0 ii: II. the attorney would answer. 0 MR. SEWAK: There is none, Your Honor. We haven't filed any execution. We are in this Court first to get permission. Q Do you propose to have a sheriff's sale? MR. SEWAK: Objection, Your Honor. Again, that is a matter for the Court to rule upon here. L - Angelo Falconi 46 MR. ZEMAN: This is what he is as king for, Your Honor. This is the guts of the case. THE COURT: The Citation raises the issue as to whether or not this Court should permit execution to i sue e on the judgment. If execution is permitted to issue on the ~ judgment, then the execution is in cbm.trol of the Court of z c( > .J > Common Pleas, the Trial Division. This Court has no juris Ill z z Ill II. diction over what the execution shall issue upon. We are not i e CJ z going to go into that question. x Ill c( ~ MR. ZEMAN: My question was, I believe, .,: 0 it Your Honor, whether he proposes to issue execution. ... Ill Q e .J o( 0 MR. SEWAK: I object. Q :J THE COURT: We are not interested in that .., :t 1-" N because we have a petition here to permit execution to issuE ui 0: Ill ... 0: and if this Court gives him permission to issue the executioh 0 a. Ill 0: ... then he will follow the advice of his attorneys, wLatever it 0: :J 0 0 .J might be, if he gets permission from this Court. So we cant c( 0 ii: II. go into that issue, what he intends to do. 0 MR. ZEMAN: No, the thrust of the question, e and my position was that if he does not propose to issue execution, this goes not only to his boha fide credibility but also to the very reason and basis of having the Citation. The matter may be moot. THE COURT: I think we can take it for grantEd ,----------,-;------------------------------------------------r---- Angelo Falconi 47 without any further questioning that the Plaintiff certainly proposes to proceed with an execution when he asks this Court for permission to proceed. Q Mr. Falconi, did you have a Board of Directors meeting of Falconi Motor Company, authorizing you to institute this action. authorizin ~ the institution of this action? MR. SEWAK: Object, Your Honor. It's beyon~ the scope of the direct examination and out of the bounds of cross examination. THE COURT: The objection is sustained; exception noted. MR. ZEMAN: If the Court please • it is my understanding of the law that there can be no corporate acti< n by way of legal proceedings without an authorization by the Board of Directors. I am trying to determine whether the Board of Directors of the Falconi Motor Company has au- thorized this action. THE COURT: We have a Petition before this ·Court that is placed before the Court by the attorneys for the Plaintiff. And we will assume that when a petition is so filed with this Court1 that there is proper directive for filing the said petition. I don't think that we should go into that matter. MR. ZEMAN: If the Court please, the Aff.idav t Angelo Falconi 48 for the petition for the Citation for leave for execution states that Angelo Falconi who made the Affidavit was duly authorized to make the Affidavit. And we submit that this is a proper I matter of inquiry on cross examination. ' e MR. SEWAK: Your Honor, that means, duly ~ authorized as officer of the company, and has no relevancy z o( > .J > on Mr. Zeman's question. Unil:es.:s; he's a stockholder of Ill z z Ill a. Falconi Motor Company. I could see the question. i 0 ... c THE COURT: Well, the Court again repeats z x Ul o( ~ that we have a proper petition here, and we are going to ..: 0 it assume that the attorney who filed the petition with this ... (I) Q e . .J o( u Court had the proper authority to file the petition. And the Q :I ., petition is sworn to as is required by law. Beyond that, we :t ~ Ill don't think that we should go into it. ai a:: Ill ... a:: MR. ZEMAN: If the Court please, I am not 0 a. Ill a:: ... questioning the authority of Bloom, Bloom, Rosenberg & a:: :I 0 0 Bloom. I am questioning the authority of Mr. Angelo Falcon· .J o( u ii: IL to make the Affidavit which was attached to this petition. 0 THE COURT: Mr. Angelo Falconi states in th ~ e Affidavit that he is properly authorized, does he not? MR. ZEMAN: He says, "And duly authorized. ' I am trying to determine from this; interrogation the sourcE of his authority, which I submit is a fair and proper inquiry since he is an officer of the corporation and the Plaintiff is Angelo Falconi 49 a corporate entity. THE COURT: Well, his authority might arise through one of many directives. And whether or not the corporation had a corporate meaning for the specific purpos~ e of proceeding with this matter is irrelevant to the issue. < MR. ZEMAN: May I ask him, if Your Honor z < > .J > please, by what means he was authorized to make this Ul z z Ill II. Affidavit? i 0 ... (!) MR. SEWAK: I obj~:;ct on the same thing. I thi~ z x Ul < ::: this w role line of questioning, Your Honor, is entirely .,: u ii: irrelevant. The issue here before 'the Court is the fact ... Ill c e .J < u c :I whether or not he should be given leave to sell the real esta e; and the fact that he is the President of the Falconi Motor ., :t 1:. C\1 Company has no bearing whatsoever as to the authorization ui 0: Ill ... 0: for him to sign an Affidavit. 0 II. Ill 0: ... THE COURT: The objection is sustained; DC :I 0 u .J exception noted. < u iL Q 0 ... Mr. Falconi, y~:m also have a judgment against Samuel L. Van Emap., 0 Jr. and his wife, do you not? A Yes. MR. SEWAK: I object, Your Honor. This aga n is beyond the scope of direct and cross examination. THE COURT: What was the question again, Mr. Hammond? Angelo Falconi 5.0 (Stenographer .reads back last question): "Mr. Falconi, you also have a D udgment against Samuel L. Van Eman, Jr. and his wife, do you not?" THE COURT: It may be pertinent. We permit the question. A That's all one judgment against all four people. :!: Q A 11 right. In other words, the indebtedness is also that of Samuel L z ~ Van Eman, Jr. and his wife. Is .that not correct? Ul z z lf A Yes.- i 0 ~ Q What efforts have you made to collect from Samuel L. Van lEJman. z x i Jr. and/or his wife? ..: ~A ... Ul a ..I Oil: u a :I .., ~ 01 ai a: Ill ... a: 0 D. Ill a: ~ :I 0 ,u ..I Oil: u t 0 Q I have made every effort possible . MR. SEWAK: Your Honor, I obj;ect to this line of questioning. It goes beyond the scope of direct exami nation. THE COURT: It is, and it isn't proper at this juncture. But the witness has already answered the question He's made every effort to collect from the other pers®s . ']the question is already answered. Have.you issued an execution against Samuel L. Van Eman. Jr. andl!or ' his wife? MR. SEWAK: I object. THE COURT: The objection is sustained. Exception noted. f' I .-----------..---------- A nP'e lo Falconi 51 Q You say every effort. What efforts have you made? MR. SEWAK: Objection~ Your Honor. THE COURT: The objection is sustained. Q Is it true that you don't intend to collect or even attempt to collect this debt against Samuel L. Van Eman1 Jr. and/or his wife? MR. SEWAK: Objection, Your Honor. THE COURT: The objection is sustained. Mr. Falconi1 in July of 1970, did the Falconi Motor Company, Inc. file a Complaint in Assumpsit against Mary Van Eman Soffel, Executrix, and others, on the indebtedness which is the subject of tp.is case? MR. SEWAK: Objection, Your Honor. I believ~ that this is the same matter which approached the Court before realtive to asking Mrs. Kerns this particular que stio~ and I feel this has no relevancy whatsoever in this particula proceeding. THE COURT: The objection is sustained; exception noted. And we will now adjourn for lunch. We will resume at 1:30 o'clock P.M. * * * * * * * * * * * * * * e e AnQelo Falconi 52 At 1:30 o'clock this same date, the hearing continued. ANGELO FALCONI RESUMES THE STAND. MR. ZEMAN: I have no further quest ions of this witness, Your Hpnor. THE COURT: Mr. Sewak, do y_ou have anything further fromMr. Falconi? c( ~ MR. SEWAK: Yes, Your Honor. g z z Ill II. i e " ~ REDIRECT EXAMINATION OF MR. FALCONI BY MR. SEWAK: en c( ~ ti Q Mr. Falconi, are you familiar with the real estate that is part of ~ en the estate of Margaret W. Van Eman, a,k/a. and also the real esta e Q .I c( 0 Q in the estate of Samuel L. Van Eman, Sr. ? Acre you familiar with :I ., ~ those realties? "' ai a: Ill A Yes. I am. ... a: 0 II. Ill a: Q Mr. Falconi, do you have any business or are you in any business in "'"' ... a: :I 0 which you buy and sell real estate on a large scale? u .I c( 0 A l:es. iL-... 0 Q Can you tell us how long you have been in such real estate business? A The last 28, 27 years. MR. ZEMAN: If the Court please, at this poin we ask for an offer of proof. MR. SEWAK: I'd be glad to give the offer, Your Honor. We intend to prove by Mr. Falconi, I will sho~, Angelo Falconi 53 although he is not a broker in the real estate business as such, that he does know the values of real estate due to his exper·ence, and can place values on real estate and has placed values or real estate as to market value over a number of years; that he is familiar with the real estate in the respective estates here; and that he can show to us in his own opinion what the rna rket values are of these properties. And that we intend 1t:o prove that the amount, according to Mr. Falconi's testi- mony, as to value of the real estate properties, is less than the total amount of his judgment debt. In order to let the Court have knowledge in considering the decision relative to our petition for leave to sell the real estate. MR. ZEMAN: If the Court please, this is objerted to as incompetent, immaterial and irrelevant. It is further objected to on the grounds that the offer of proof does not set forth a proper foundation for a statement of expert opinipn on the part of this witness, that he does not qualify as such. Third, that there is no other basis on which he can qualify to testify as to value. And finally, this is not proper redire< t examination in this matter. And lastly, that the offer of proof has no relation, merit or justification as the bas is of the decision of the Court in this matter. THE COURT: The objections are overruled; exception noted. You may continue. A n~Ielo Falconi 54 Q Mr. Falconi~ how long have you been in the real estate ,buying and selling of real estate? How many years experience haveyou had in tl:lis? A Over 25 years. Q Do you at the present time still buy and sell real estate and place e market values on them? A Yes. I do. < z < Q > .I Are you affiliated with any particular companies at the present timt > Ql z z Ill in which they have title to the real estate and you do buy and sell ll. i e real estate? " z ~A < Yes, I do. ~ tQ Will you give us the names of those companies at the present time? it ... ~A I handle all the real estate for Caesar~ Inc. I handle all the real e .I < i3 Q estate for Angelo and Phillip Falconi. :J .., ~Q N Now I believe you stated that· you were familiar with the real estate ai a:: Ill ... in the respective estates of Margaret Van Eman and Samuel L. a:: 0 ll. Ill a:: Van Eman. Sr. ... a:: :;) A 0 u Yes. sir. ... o( i3 Q ii: Haveyou visited these properties? Jr. 0 A Yes~ I have. e Q On more than one occasipn? A Yes. Q Have you knowledge of their condition at the present time? A Yes. I do. Q Mr. Falconi, have you been able to render a market value in what Angelo Falconi 55 your opinion is of market value based upon your experience in buying and selling real estate in the various pbusinesses over the 25 year period and your present buying and selling for Caesar~ Inc. and in your partnership with Phillip Falconi? A Yes. ~ Q Can you gi;ve us what your opinion is as to the market value of the z ct ~ real estate of the property in the Samuel Van Eman estate and the Ul z z le Margaret ? i ~ A Between 35 and 40 thousand. z i i Q Now do you know then whether or not your judgment that you hold ~ iii l-UI Q ..I ct § g A ... :1: ~ Q ui II: Ill I-ll: 0 II." ~ 1-a: :J 0 u ..I ct ij ii: A IL 0 Q and the amount due under the judgment is in excess of the total market value of these properties in the estate? Yes . Based upon this testimony then would it be your opinion that due to the fact that your judgment is over and above the total market valu" in your opinion of the estate, that there would be no monies left to pay other creditors of the estate?. Yes, sir. Mr. Falconi, would you give us the breakdown of the values of eac ~ of these particular estates as regarding the real estate in the Secord Ward of the Borough of Canons burg? Will you tell us what value you placed upon that property? A Yes. Trere's a house in Canonsburg, I think it's on Hawthorne. lt'3 in very very bad shaq;:>~, I put a value on it of approximately $5, 000 Ang-elo Falconi 56 There is one lot in Peters Township. It's 152 by 381 feet. I put an approximate value on it for about $5, 000. There's approximately 2 acres in Peters Township. I put a value on it of approximately $20, poo. Then there is a one eighth interest in a strip on Route 19. And I put a value on it of approximately $6400.00. !!: Q The total valuations? z <( ~A $36,400.00. ~ z ~ Q I have no further questions of this witness relative to this. II. i. g Cl z % VI ~ ~RECROSS EXAMINATION BY MR. ~ ZEMAN: Ill ~Q By the parcel that you called 20 acres in Peters Township, are yop o( ij Ci ::l ., sure that that is the township or is it North Strabane Township ?that ·~ "' you are referring to? ai II: E A I think it's in Peters Township. 0 II. Ill 11: Q Could it be North Strabane? I-ll: ::l 8A Idon'tthinkso . .J <( ij iL Q Where is this located, this 20 acres? II. 0 A Located on Thompsonville Road, old Thompsonville Road. Q And if it should develop that Mrs. Van Eman or Mr. Van Eman did not own the 20 acres in Peters Township that you have just referrec to, then you would reduce your figures by how much? A· $5,000. Q You haven't put a value on the farm in North Strabane Township? I AncrPln H':o~l0nni 57 A How many acres are you talking about, roughly? Q I have no idea. You have testified you are familiar with the propert , the estates had. A Well, the deed calls for 74 acres, but I know that a lot of propertie have been sold off. I don't know what remains in that 74 acre parce :! right now. z < > ~Q Ill So you have no idea as to what the value of that property is, do you z z ~A Well, the way it is, raw property, it's probably worth $500.00 an i 0 ... .., z acre. If there's 60 acres, it's worth $30, 000 . i Cll < Q ~ In other words, you place a value of $500.00 an acre on the North .,: 0 iii ... Strabane Township property? Cll 0 .I A ·oC Yes . § Q :J Q "'I Are you familiar with any improvements on that property? !1: 1:: N A Like what? ai a: Ill ... Q a: 0 The house. 0. Ill a: A ... a: The house is in very very bad shape. I'm not appraising the house . :J 0 0 .I The house is beyond repair . .J :! 0 ii: Q IL 0 Well, have you an opinion as to the fair market value of the house? A The house, you might be able to sell it the way it is for $10, 000. Q So that the total value of the North Strabane Township property wowld be $500.00 an acre; of course that's acreage as remains. A Yes. Q And the house would be worth, in your opinion, $10,000. Is that correct? e ~ z <( > ..I > Ill ~ Ill a. i 0 .. Cl z i Ul <( ~ ..,: u a: .. Ul Q e ..I <( ij Q ::I ., ~ - 01 ui a: Ill .. a: 0 a. Ill a: .. a: ::I 0 u ..I <( ij ii: IL 0 e AnP"elo Falconi A Yes. Q This property in· North Strabane Township, has it utility A Q A Q ·A Q A Q A Q A Q A Q services, such as water, public water, I mean? I don't know that, Bob, to tell you the truth. Do you know whether it has public sewage facilities? No, I don't. It couldrlt have public sewage. Do you know whether there are any improved streets throug that property? No, there isn't. And do I understand that only the rear portion on the one side of the road is still unsold? 17 acres • And then that there is a 17 acre parcel on the other side of the road that's unsold. Are you telling me there's only about 35 acres? No, I'm not telling you what the acreage is. But is that correct, what I have said? Yes. And is it true that the acreage in the 17 acre parcel has been stripped of topsoil? Yes, it has. And is it true from your investigation and knowledge of this property that the 17 acres is subject to flooding? A Yes. Q Then I take it, Mr. Falconi, that if you were wermitted, Falconi Motor Company were permitted to have an execution on the real estate in the estates of Margaret Van Eman an~ 58 e ~ z c( > .J >-Ill z z Ill ll. i 0 1-t!l z 3: Ill c( ~ .,: u ii: 1-Ill ii e .I c( u ii :I ... % /:: N ai 0:: Ill 1-0:: 0 ll. Ill 0:: 1-0:: :I 0 u .I c( 0 iL IL 0 e A Q A Q A Q A Q A Q A AnQ'elo Falconi Samuel Van Eman, the real estate assets of those estates would be exhausted in the satisfaction or partial satis- faction of your judgment. Yes. Are you familiar with the value of the personalty in those estates? You mean--- That is non-real estate property • No. I know there are some antiques there, but I don 1 t knov what it1 s worth. Well, the application for probate stated that Samuel Van Eman died seized of $100.00 worth of personal estate. Doe' that sound correct to you from your knowledge and in your opinion? Are you talking about personal property? Yes. I couldn't answer that. I don1t know. I believe the application for probate in the estate of Margaret Van Eman shows personal assets in the amount of $3500.00. From your knowledge of the property of the esta e and in your opinion, would that figure seem to be correct I couldn1 t answer that. I don1 t know. Personal property, I don1 t know anything about what 1 s in the house, stuff li e that. Q Have you ever been in the house to look at these items? A I have been in the house but I didn1 t take particular interest in the personal property. 59 ~------------~----------------------------------------------------~----- \ e An>Tel o Falconi Q Then I take it in so far as the proposed execution is concerned, you are not looking to the personal estate for the satisfaction or partial satisfaction of your judgmen • A No. You are only looking to the real estate. A Right. ~ Q Or such interest as the decedent may have had in that. z C( > g A Yes. z ~ Q How much did you say the interest in the Brown property i ~ was worth? z ~ A $6400.00. One-eighth interest. ~ t Q One-eighth interest is worth $6400.00. That would mean it ~ then that the total interest would be eight times $6400.0D Q .J § or almost $50,000. Is that right? Q =l A Right. :r 1::: N Q Is there an offer of purchase for the ground remaining in vi a: ~ the Brown estate in which Mrs. Van Eman had died seized o" 0 II. Ill a: an interest? ... a: ::l 8 A Yes, I believe there is an offer but I 1m not too familiar ..1 o( 0 ii: ... 0 Q A with it. Isn 1t it true that that offer was .$32,000.00? I don 1 t know. You 1ll have to check with the attorney. He might have the figures. I don 1t have the figures on that. Q Mr. Falconi, didn 1t you tell me that that was how much 60 had been offered for the total interest in the Brown prop~rty? A How much is that? Q $32,000. Didn't you tell me that over the phone on several ------------.. -------------------------- e ~ z < > .... > II) z z Ill II. i 0 1-C) z x II) < ;:. .,: u iii 1-Ul Q e .... o( i3 Q :J ., :1: ~ N vi ~ Ill 1-a:: 0 II. Ill a:: 1-a:: :J 0 u .... < i3 ii: ... 0 e Angelo Falconi 6J occasions? A I told you that they offered $6400.00 for one eighth, which Q A Q A Q A Q A is more than it 1 s worth. Oh, then it isn1 t worth $6400.00? Right. All right. Now how much is it worth? Well, I would say they are paying us more, I do know this they are paying us more than they are getting for the prorerty for the one-eighth. I do know that. Now I have the figurEs down at the office, but I know it 1 s a couple thousand dollars more than the one-eighth interest is really worth Isn 1 t it true, Mr. Falconi, that you asked me to have Mrs. Soffel give you a deed for the interest in the Brown estate for $2500.00? Yes, but that w~sn 1 t for the whole strip. That was just,ib I remember right, I think that two or three hundred feet, then at a later date they came back and offered the $6400 00 for the complete one-eighth interest. But the only offer that you communicated to Mrs. Soffel or to me was $2500.00. Is that right? That 1 s for part of it. It 1 s not for the whole strip. I think the strip consists of about one thousand eight hundred or nine hundred feet, I 1m not sure. How many feet do they have sold? I don 1 t remember. Q Then I take it, Mr. Falconi, that so far as you are con- cerned, and on the values that you place, that the total assets of both estates would be less than $60,000.00. ~-------------------------------------- ---------------o------------------------------------ A Angelo F,qlconi I didn 1t tell you that. I told you approximately $80,000. I told you between 35 and 40 thousand dollars and on the rest of the property about $40,000. Q No, you didn 1 t say $4o,ooo. You said $500.00 an acre. A All right. $500.00 an acre, 60 acres is $30,000. And $10,000 on the house is $4o,ooo. Q That is assuming there are 60 acres left. A Yes. Q And if there arentt 60 acres left then your figures would be reduced? A Right. Q If Mrs. Van Eman or Mr. Vane Eman did not own the 20 acres in Peters Township, that would be reduced accordingly als~? A Yes. Q So that you are unable to state with accuracy then whether or not there was more or less than $60,000. Is that corre~t? A Right. Q It could be less. A Well, who knows what it 1 s worth? Q Pm asking you. Could it be less? A Yes, it could be less. Q Thank you. That 1 s all. MR. SEWAK: That 1 s all, Mr. Falconi. I have no further questions. I have no further witnesses in behalf of the Petitioner. I believe that I have already asked all 62 I I the exhibits from the respective county offices be admitted 1 into evidence and if I haven 1 t, I certainly renew that motion. '. l c: s..:;_ ----·-.... ' . .;.~ ------------11---1..16:..,;,).3_ THE COURT: The Court has already ruled on that. MR. ZEMAN: At this time, if Your Honor please, we renew our objections to the exhibits that we made when thEy , were used and offered. And we will not burden the record with repetition of those objections. But at this time, thE Proponents or Plaintiffs, however Falconi Motor Company i: to be identified, having rested, on behalf of the estate cf the EXecutrix of the estate of Samuel 1. Van Eman, Sr. and of Margaret W. Van Eman, we ask that the Citation be denied and dismissed and the relief requested refused. And in support of such motion, we submit, first, that there has been no valid judgment shown or established in the testimony on which an execution might issue. Secondly, that there is no proper and enforcible lien on which an execution might issue. That tle procedure followed in the purported revival of the judgmert at Number 110 November, 164 D.S.B. was contrary to law and invalid. And in order again not to burden the record, we will incorporate by reference in this motion the ob- jections which we made during the course of the testimony Next, in support of the motion, we subm t that the testimony is in hopeless confusion and totally contradictory as to the amount involved;there being testir ony going all the way from $105,000.00 to $123,000 plus. Next, that the proof offered in support of the Citation is not in accord with the averments of the Petition upon which the Citation is based. 64 Next, that the witness, Falconi's testi ony was not competent, relevant, material, and was objectionable for the reasons we have previously given. Next, that if the Court finds that any of such testimony was competent, the witness, Falconi, ha testified that a satisfaction or partial satisfaction of the judgment on which execution is sought would totally e haust the assets of the estat~. Next, that there are preferred claims, as the Court may take judicial notice, even without testi~ony, which would not be satisfied and which would not be paid if an execution were permitted. And I believe that that concludes the averments that we have in support of the ~ u motion at this stage of the proceedings. Ci :I ! ~HE COURT: The motion of counsel is overruled; Cll ai 0: exception noted. Do you have testi¢ony you wish to presenu? ~ o: MR. ZEMAN: 2 At this time, if the Court please·, we Ill 0: ~ :I 0 0 ..1 o( u iL ... 0 would like to make two offers without witnesses being present because we feel that, depending upon the ruling o the Court, that the Court 1 s ruling will determine whether we can subpoena these witnesses;and if the Court should rule adversely it would be futile to disturb these offici~ls from the performance of their duties. We offer in evidenc~ or we would offer and ask the Court to take judicial notir.e that there is a proceeding in the United States District Court for the Eastern District of Pennsylvania, or for the Western District of Pennsylvania, in a Civil Action c z ~ z z Ill II.· i ~ z i ; ~ ~ Ul' Q ~ 6 Q :I ., TI-lE MR. THE n-wmbered 70-503, which was a motion for a temporary restraining order granted by a three-Judge Court on a declaratory judgment, and that the order of the Court, 65' as signed by His Honor, Judge Dumbauld;., expressly pro hi bi ed, among other persons, the sheriff of this county, Alex Debreczeni, from levying upon or executing or selling any real or personal property upon judgment confesse.d or reco ded pursuant to certain acts of assembly of this Commonwealth and to the Pennsylvania Rules of Civil Procedure. And therefore, relief sought by Falconi Motor Company asks th s Court to perform a futile act since Sheriff Debreczeni cannot proceed with the execution in any event. And that we believe it to be a fundamental rule of chancery power that this Court possesses that equity does not perform a useless act. We ask that the Court take judicial not ce of this proceeding and the ruling of Judge DumbauJd. And if the Court sees fit not to take judicial notice, we will be required to call a~ a witness the sheriff of this county, Alex Debreczeni, to testify to the existence of the restraining order under which he is presently yoked or by which he is presently yoked. COURT: Do you have a copy of the order? ZEMAN: I do, Your Honor. COURT: 1 note, Mr. Zeman, that Judge Dumbauld~ 1 3 order states ±n the last paragraph, 11 It is further ordere~ that this order expires at 10:00 A.M. June 12, 1970. 11 ---------- I ai a: MR. ZEMAN: It is my understanding, Your Honor, that the sheriff is still proceeding under this order, and that he is still r~fusing to take execution. THE COURT: We are not concerned about the sheriff 1 ~ position. MR. ZEMAN: Do I understand the ruling of the Court to be that if it should appear that this order is still ir effect and has not expired, nor has been supplemented and extended, .that the Court could take judicial notice. of that fact and allow us an opportunity to offer such evide ce subsequent to this hearing? THE COURT: What evidence? MR. ZEMAN: If there be an extension of this order the only way we can determine this would be by getting a certification from James Wallace, the Clerk of the Federa District Court. 66 E. THE 0 II. Ill a: COURT: If there be an extension of this order, ~ ;::) 0 u .I ct ij ii: IL 0 you may so inform the Court by any proper means and the Court will give the order what consideration it deserves ~n mak~ng our final order in this case. MR. ZEMAN: And as I understand it, the Court will take judicial notice of such order so that it would not be necessary to call Sheriff Debreczeni? THE COURT: That is correct. MR. ZEMAN: Thank you, Your Honor. The Court will r~call that while the witness Kerns was on the stand, we requested that she keep herself available to present the records e < z < > .J > (I) z z 1&1 11. i 0 1-CJ z x (I) < 3: t ii: 1-(I) 0 e .J < § ll ::l ., :1: 1:. N IIi II: Ill 1-II: 0 11. Ill II: 1-II: ::l 0 u .I < 0 ii: II. 0 e of a certain proceedings at Number 109 July Term, 1970, A.D. '?We might save the time of the Court and the time of Chief Deputy Prothonotary if counsel for Falconi Motor Company would stipulate that there is of record in the Court of Common Pleas of Washington County on the law sidE of the Civil Division a Complaint in Assumpsit at that number and term which is based upon the note entered at Number 110 November Term, 1964, D.S.B.; and that prelimincry objections were filed thereto, and that said proceedings is still pending. Otherwise, we must call Mrs. Kerns to establish this. MR. SEWAK: Your Honor, I would object to any entry of any testimony of Mrs. Kerns coming here or even stipulati g to this for the reason it is clearly irrelevant to the proceedings taking place on our petition • THE COURT: First, Mr. Sewak, we wish to know wheth r counsel will agree to a stipulation proposed by Mr. Zeman If you agree to that-- MR. SEWAK: For the record, I would stipulate there is an action filed at a Number 109 July Term, 1970. And I would further, I would object to anything further relativ to this particular action being presented in this Court at this particular hearing. It has no relevancy whatsoever to our petition for the sale of the real estate. THE COURT: Well, as I understand it, you are agree ng to stipulate merely that there is an action pending in the law division of the Court of ':G:ommon Pleas concerning I ----------~r-----------------------------------------------------------------~-----1 the matter broached by counsel, but you do not wish to stipulate as to any of the other matters spoken of by counsel. :MR. SEWAK: I would object to any evidence which might be offered or any test~mony which might be offered 1y the defense, by the attorney, Mr. Zeman, relative to this particular proceeding. MR. ZEMAN: This is something else a§ain. What we would have to do then is to call Mrs. Kerns, offer the evidence, make an offer of proof, and then the Court, I take it, would rule on the relevancy, competency and materiality of the testimony. TEE COURT: That is correct. MR. SEWAK: I think the issues here, Your Honor, are not whether or not an action is pending somehwere els1 • I think the issue is narrowed down to the fact that wheth r or not we have shown sufficient cause for this Court to consider whether or not we should proceed. It 1 s not whether or not there were 15 other actions filed in this jurisdiction or somewhere else which have no relevancy whatsoever to the instant proceeding. That's the issue. We are going far afield here. THE COURT: We are not going to rule on the admissa~ bility afevidence until we are informed what the evidence is. And since there is no stipulation between counsel as ~o this matter, Mr. Zeman, you may call your witness and asK your que slions. '----------------------------~ ------ 68 --------~r-------------------------------------------------------~__6£_ ~ z ~ ..J > Ul z MR. ZEMAN: All right. Then may I have the permissi<n of the Court tipstaff to contact Mrs. Kerns, ask her to come here with the papers in 109 July Term, 1970, which she knows about? THE COURT: The tipstaff will inform Mrs. Kerns to proceed to come to Court with the requested papers. (At the direction of the Court, off-the-record discussion was not recorded by the stenographer) • z ~ MR. ZEMAN: At this point, Your Honor, we ask the i 0 ~ z x Ul ~ t ~ Ul' Ci ..J o( u Ci :J .., ~ N ui a: Ill ... a: 0 a. counsel for Falconi Motor Company, Inc., in order that we will not have to call the Recorder of Deeds or his Chief Deputy, that there is a certain agreement of record between Samuel 1. Van Eman, Sr., et ux, and Samuel 1. Van Eman, Jr., dated May 14, 1962 of record in Deed Book 138, Page 266, relating to the sale of certain properties of the grantors. Will you stipulate to the existence of such agreement? Ill a: MR. ·SEWAK: I so stipulate • ... a: :J 0 u ..J o( THE COURT: The stipulation recited by counsel is u approved and made part of the record. ~ 0 MR. ZEMAN: At this pOifG if the Court please, purshant to the stipulation, we ask :·,fot. permission to supply the ourt with a copy of the instrument referred to recorded in Dee Book 1138, Page 266 so that it may become a part of this record. THE COURT: We will be glad to receive a copy ~nerepf if it is available, but--- ~------------~------------·------------------------------------------------------~----- e ~ z < > ..J > Ill z z Ill a. i 0 1-0 z % Ill < ~ .,: u .a: 1-Ul Ci e ..J < 0 Ci :I .., :1: /;; Cll ai II: ·:! II: 0 a. ld II: 1-II: :J 0 u ..J < 0 iL b. 0 e Gilda Kerns MR. ZEMAN: By photostat or similar process. THE COURT: We shall receive same. ·MR. ZEMAN: Thank you, sir. While J'.irs. Kerns is bei1 g paged, does the Court wish us to continue to put another witness on the stand or would it be better to wait for a few minutes? THE COURT: I think she will probably be here in a short time so we will wait. GILDA KERNS IS RECALLED. DIRECT EXAJ'.1INATION BY J'.1R. ZEMAN: Q Let the record show that the witness, Gilda Kerns, has 70 already testified in the case in chief of Falconi Motor C mpany and has been sworn; and that we will forgo the reiteratio~ of her qualifications·. J'.irs. Kerns, did you, at my request bring with you the file papers in your office in a pro- ceeding styled Falconi J'.iotor Company, Inc., Plaintiff, versus Mary Van Eman Soffel, Executrix, et al, filed at Number 109 July Term, 1970, A. D.? A Yes, sir. Q Will you state what papers have been filed in that action MR. SEWAK: Your Honor, I would l ke the record to show any testimony so taken is subject to my original objection as far as testirony on this proceeding. THE COURT: Your objection is· ---------------------------------------------r--- Gilda Kerns 71 noted and is overruled. Exception noted. Q What papers have been filed in this action? A On July 17, 1:20, 1970, a Praecipe for Appearance by Bloom, Bloc m, Rosenberg and Bloom, by I. C. Bloom, Partner, was filed, a e Complaint in Assumpsit was filed, an Affidavit was filed by Falcon Motor c( Company, Inc. signed by Angelo Falconi. Exhibit "A", consisting z c( > .I )o of a copy of the judgment note filed at 110, '64 . Ul z z Q ld IL November Term, '64' D. S. B. ? i 0 A .. " Yes. It was No.:vtemoe:~:~, I'm sorry. And that's all. z x Ul Q c( 3: Are there any further file papers ? ~ A a: Yes, sir. August 4, 2:32, 1970, a Praecipe for Appearance by .. Ul Q e .I c( u Q :I ., Zemancilhd Zeman by Robert L. Zeman was filed, Preliminary Objections were filed by Mr. Zeman. And on August 5, 3:13, ~ "' 1970, a sheriff's return was filed, wherein the within Complaint IIi 0: ld .. a: in Assumpsit was served upon the within named, Mary Van Eman 0 IL ld 0: .. Soffel, Executor of the estates of S. L. Van Eman and Margaret 0: :I 0 u .I E. Van Eman personally by handing to her personally at her reside 1ce, c( u ii: IL 203 Old Oak Road, McMurray, Washington County, Pennsylvania, 0 a true and attested copy of the within Complaint in Assumpsit e and making known to her the contents thereof. So answers James Fazzoni, Deputy Sheriff, Alex Debreczeni, Sheriff. Q When were those Preliminary Objections filed? A August 4, 2:32, 1970. Q When was the Complaint filed? --------------- A Q A Q A .:! z ct > .J > Ul z z Ill II. i 0 ... Cl z :r Ul ct == ..: u Q i ... Ul 0 .J < 0 gA ., :1: ~ "' Q ui a: Ill ... a: 0 II. Ill a: ... a: ::> 0 u .J < 0 ii: ... 0 A Q Gilda Kerns 72 July 17, 1:20, 1970. Now are there any other file papers ? The Sheriff's return that I just--- Any others? Then there is filed on August 10, 9:07, "Enter judgment infavor of the plaintiff, Falconi Motor Company, Inc., and against the defendants Samuel L. Van Eman, Jr. and ]])rothy Sargent Van Ema • in the sum of $110, 745.54 plus costs and waiver of exemption for want of an appearance or answer. Bloom, Bloom, Rosenberg & Bloom, by George R. Sewak." Are there any other papers or have there been any other papers filEd in that proceedings at that number and term? Not to my knowledge, sir . Will you state whether or not your records then show the proceed ·ngs still open as to the defendant, Mary Van Eman Soffel, Executrix of the Estate of S. L. Van Eman, Sr., deceased, Mary Van Eman E. Soffel, Executrix of the Estate of Margaret/Van Eman, deceased? Is it still open? Yes, sir. If the Court please, rather than burden the record and the Court Reporter and the witness by reading the various file papers and the contents of them to which the witness has just testified, we wodd request the indulgence of the Court and stipulation of counsel, if possible, that they be made a matter of record by reference and th t -------------------------------------------------------- Gilda Kerns 73 they be admitted as such. Otherwise, the witness would be require( to read them throc1gh. MR. SEWAK: If it please the Court, my obj ec ion is the entire matter as presented to the Court is c< totally irrelevant to the issue at hand and this is the basis of my objection. I don't mean not to stipulate that this is on recorc or anything. It's just totally irrelevant to the issues of this case. THE COURT: We understand. So that the Court takes it that this will be admitted by reference. MR. ZEMAN: Yes 1 Your Honor, to avoid the necessity of burdening the record. THE COURT: That's right. MR. ZEMAN: And we would so offer them. Thank you, Mrs. Kerns. THE COURT: Are there any questions, Mr. Sewak? MR. SEWAK: No. THE COURT: Do you want to call another witr ess? MR. ZEMAN: We call Mary Van Eman Soffel. Mary Van Eman Soffel 74 MARY VAN EMAN SOFFEL IS CALLED AND SWORN • . DIRECT EXAMINATION BY MR. ZEMAN: Q Will you state your full name please? A Mary Van Eman Soffel. Q Where do you live, Mrs. Soffel? <C A I live at 203 Old Oak Road, McMurray. z c > Q ... >- 1s that situate in Peters Township, Washington County, Pennsylvan. a? U). z z A Ill II. Peters Township and it's in Washington County, Pa. i 0 Q ... Cl z Will you state whether or not you are the duly appointed and acting x Ul c ~ Executrix of the estate of Margaret W. Van Em an, also known as .,: u ii: Margaret S. Van Eman, also known as Margaret G. Van Eman, ... Ul a· ... deceased? <C u ii A j ., That's right. s Q ui Will you state whether or not you are the duly authorized and acting 0: I!! 0: Executrix of the estate of Samuel L. Van Eman, Sr., also known a 0 II. ld 0: ... S. L. Van Eman, Sr., also known as Samuel L. Van Eman, deceas~d? 0: j 0 A u Yes. ... <C u ii: Q IL What relation, if any, did you bear in their lifetime to the decedent 0 Margaret Van Eman and the decedent, Samuel L. Van Eman, Sr. ? A I am their daughter. Q What was your rna iden name? A Mary Van Eman. Q Mrs. Soffel, do you know who the legatee under the will of MargarEt W. Van Eman, deceased is? To whom is the estate given? l Mary Van Eman Soffel 75 A When my mother died, everything went to my father. Q And then? A Then after my father died it went to me. Q Now do you know who the sole legatee under the Will of your father, Samuel L. Van Eman, deceased, is? ccA z My father's Will? It went to me, the daughter. c( > Q _, > Mrs. Soffel, you were sitting in Court here a few moments ago, Ill z z bl a. I believe. when I made reference to ana:gr.:.emnmitbetween your fathEr i e " and mother and Samuel L. Van Eman. Jr., which is recorded in z i Ill ~ Deed Boo!,{ 1138, Page 266, regarding the transfer of certain real ti ii: estate. Is that correct? '" Ill a _, c( A Yes. u a Q :I ., Have you ever seen the record of that agreement? :1: 1:: N ai A Yes, I have seen it. a: bl '" Q a: 0 And will you state whether or not you have refused to honor this a. bl a: '" a: agreement? :I 0 u A ~ I have refused. u iL Q ... 0 Will you state why you have refused to honor it? A I can't honor something that isn't so. To my knowledge. it was done out of duress to my folks. Q I didn't hear it. A They signed it under duress. Q In other words, do I understand that your mother and father were forced to sign that agreement? A Q A Q A :! Q z < > ..I > Ol z z ., Ill II. i 0 1-.., z :t en < ~ .,: 0 ii1 1-!!! c ..I < u Q :J ., :t ~ N ui II: Ill 1-II: 0 II. Ill II: 1-II: :J 0 0 .J < u ii: IL 0 Mary Van Eman Soffel Yes. By whom? By my brother. Who is your brother? Samuel L. Van Eman, Jr. Mrs. Soffel, I don't know whether we need to mark this or not--- Mrs. Soffel, do you know whether--- MR. SEWAK: If it please the Court. I don't mean to interject on counsel's questions, but I'd like to kno\ what the purpose of this interrogation relative to any ArticlE of Agreement, I'd like till have an offer or something. I don't see the relevancy at this point. This proceeding we have here is certainly clearly out of the bounds of the main issue in the case. MR. ZEMAN: We offer to show in part by the testimony of this witness, Your Honor, that there was an Article of Agreement for the sale of certain real estate of that the decedents involved in these proceedings. And/by check dated February 17, 1970, drawn on the Washington Office 76 of Western Pennsylvania National Bank, one, John P. Liekc: r, Attorney, delivered a check payable to the order of Mary Van Eman Soffel, Executrix of the estate of Samuel L. Van Eman, Sr., deceased, in the amount ofi $1.00 for the purchase of tracts in North Strabane Township. The purpoE e -------------- Mary Van Eman Soffel 77 of this being to show that the purchaser, or purported pur- chaser. Samuel L. Van Eman, Jr., made tender of the amo nt called for as ·the consideration in the Article of Agreement which is 111ecorded in Deed Book 1138, page 266. THE COURT: And she refused it? :$ MR. ZEMAN: Yes. And is still holding the z < > .... >· check in the custody of her attorney . Ill z z Ill II. THE COURT: Well, she refused to ·acknowled~ e i 0 1-C) the validity of the agreement. z x Ill < 3: MR. ZEMAN: That is correct, Your Honor. ...: 0 ii1 THE COURT: It's already in the record. We 1-Ul Q .... don't need the rest of it. The witness has testified that she < 0 Q :J has refused to acknowledge the validity of the agreement. '"I X ~ 01 So the other part is unnecessary. ui 0: ld 1-0: 0 Q II. ld All right. sir. Mrs. Soffel, will you state whether or not, in the 0: 1-0: :J 0 course of acting as Executrix of these estates, whether you have 0 .... < 0 received any bills or invoices or statements of charges against youfr ii: IL 0 father and mother? A Yes, there have been many. Q Do you have othose with you? A I don't have. I have turned everything over to you. Q Will you tell the Court, to the best of your recollection, who s orne of these creditors were and to the best of your recollection the amou t Marv Van Eman Soffel of the mvoices? A I don't know whether I can say the amount but I know th.ere was quitE o( Q z ~ ..1 > Ill z ~A Q. i. 0 a large drugstore bill, Moreland Drugstore, Peters Township, Canonsburg Hospital, Washington Hospital, Dr. Kittrell, Dr. Mary Cavasina, many others. Will you state whether or not you received any bills or statements from the mortician, Leonard Griffith ? Yes. The undertaker has not been paid. ~ Q Has he been paid for either of the funeral of your mother or the z x Ill ~ funeral of your father? ...: ~A ... (I) ~ Q o( u g A .., :1: No. His bill is unsettled . Do you have any knowledge of the approximate amount of those bill~: ? You mean just the mortician? /:: 111 Q Yes, just the mortician. ui I! ~ A I! 0 Q. bl t Q ;:) 0 u A ..1 o( u ~ Q 0 I'd say it's around $1,000. For one funeral or for two? For one. For two it would be over $2, 000. Will you state whether or not you have received any invoice from the Oak Spring Cemetery Company for the interment of your mothe and fat her's bodies ? A Yes, I did. Q Has Mr. Griffith been paid? A No, he hasn't. Q Has the Oak Spring Cemetery been paid? 78 ---------------rr----------------------------------------.--- Mary Van Eman Soffel 79 A No1 it hasn't been paid. Q Will you state whether or not the bills from the hospital fromthe drugstore and from the doctors were expenses of the last illnesses of your mother and father? e A Oh1 I am sure that they were. And they have been going on for ~ some time. z < > ..J )o Q Have any of these bills been paid? CD z z ld D. A None of them have been paid. i 0 ... " Q Will you state whether or not you have cash assets in the estate z x Ill < ~ sufficient to pay these various bills you have mentioned? .,: u a: A There's no money at all in the estate to pay. ... !!! c e ..J < u Q Will you state whether or not there is any personal prq::erty of an Q :J amount sufficient to pay these bills? "'I X 1:: N A To my knowledge~ there isn't anything to pay them right now. ai II: Ill ... II: Q Will you state whether or not there is any money in the estate or 0 D. Ill II: ... sufficient property to your knowledge to pay expenses of administrc:tion? a:: :J 0 u A The picture is very bad. There's just nothing at all, no money at ..J o( u iL all. II. 0 Q Do you know who advanced the costs for filing the applications for e the probate of the Wills in this estate? A I believe you did. Q Have I been paid back? A No. Q Will you state whether or not you have received any commission for ------------------------------------ Mary Van Eman Soffel acting as Executrix of either estate to this date? A No. I haven't received anything. Q Will you state whether or not. as Executrix, you have paid any :$ z < A ~ Q ~ z z Ill lL i e A " z i: Ill ~ ti Q ~ ~ Q ..I < ij g A "I ~ "'Q ui a: Ill ~ 0 lL Ill a: A ... a: :I 0 u ~ 6 ii: Q ... o· attorney's fees for representing you as Executrix in either of these estates? Nothing has been paid. Mrs. Soffel. will you state whether or not you were familiar with your mother's maiden name? Yes. Her name was Margaret Graham Wallace Van Eman. Van Em1n, of course. was her married name. Margaret Graham Wallace. Will you state whether or not your mother ever signed her name or was ever knowp as Margaret G. Van Eman? That could be possible because it was Margaret Graham Wallace. ·Will you state whether or not your rm the: was ever known as Margaret S. Van Eman? That has appeared but I heard my mother saying they didn't know why it appeared because her name was Margaret Graham Wallace. And do you know whether or not your mother was ever known as Margaret W. Van Eman? A Yes, Margaret Wallace, that was her maiden name. Q Will you state whether or not your mcther was ever known by the name of Margaret E. Van Eman? A Never heard her use that. Q That was really my next question. Let me put it more specifically. 80 ------~-------------------------------------------------------------------------~----~ Mary Van Eman Soffel 81 Do you recall your mother ever using the name Margaret E. Van Eman? A Never. Q Will you state had she ever used such a name would you have known it? A I wouldn't have known it because I never knew her to use Margaret E. Q I'm afraid you didn't understand my question. If she had used the name Margaret E. 1 would you have likely known of it? A I am sure I would have. Q Mrs. Soffel, a_re you generally familiar with the holdings, the real estate holdings of your mother and father and what they died seized of, that is what they owned when they died? A I wasn't too well versed on that. Q Well, I call your attention specifically to a piece of ground in Pete1 s Township, Washington County, Pennsylvania, in or near the Thompsonville Road, and ask you whether you are familiar with th: t property? A Yes, I was. Q Do you know who owned that property? A My mother had owned it at one time. Q But how much of that property did she have when she died, do you recall? A I recall there was about ten acres in her name. Ma rv Van Eman Soffel 82 Q Did any other Van Emans own any adjoining land? A My brother bad about five and a half acres. And I had aboutrfive anc a half acres . Q I have no further questions. You may eros s examine. CROSS EXAMINATION BY MR. GLADDEN: Q Mrs. Soffel, your mother died October 29, 1968. Is that correct? A Yes. Q And sbe was known as Margaret W. Van Eman, among other names? A That's right. Q Are you familiar with the fact, Mrs. Soffel, that your mother somE time;.,, prior to her death, signed a judgment note, together with your father, your brother and your sister-in-law to Falconi Motor Company in the amount of $91, 000? A I was aware of that. Q And it was your mother then and the Margaret Van Eman estate that we are discussing here in Court that was the party to that note A I was aware there was a note. Q You were aware that it was a note and that this was your mother that signed the note at that time as Margaret W. Van Eman? A I think so. Q Mrs. Soffel, you admitted on direct examination that you were the Executor and acting Executor of the estate of both your mother and ,---------------rr--------------------------- 1 Mary Van Eman Soffel 83 father. May I ask, Mrs. Soffel, if you voluntarily presented yoursElf with the Will of your father and mother for probate and for applicat on for Letters Testamentary on their estate or did you come into Court and make application based on a Citation that was issued to you for that purpose? A I think it was voluntary. Q Was there a Citation served on you, Mrs. Soffel, to come in and produce the will of your mother and father? MR. ZEMAN: If the Court please, may I inter pose an objection? I think that--! submit that the question i:: unfairly put to the witness because the question is asked whether she voluntarily appeared. Now he did not ask wheth~r she appeared in re~ponse to, voluntarily appeared in resporiS e to a Citation. One is psychological and the other is legal. Q I don't want to be psychological. I will rephrase the question. Did you appear voluntarily in response to a Citation to produce the Wil .. of your father and mother before the Register of Wills of Washingtc n County? A Yes. Q And was that some time in July or August in 1969 after their deathE in 1968? A Yes. Q And since that time, Mrs. Soffel, have you done anything other tha J. produce the Will and receive the appointment as Executor under bo h --------------------------------------------------- Mary Van Eman Soffel 84 of these estates? A I have been in touch with my lawyer. Q Have you filed any Inventory of the assets of either of these estates since that time? A No. Q lj:lveyou listed any of the debts of these estates on any official pape:t that would be presented to the Register of Wills or to the Pennsylvc: nia Inheritance Tax Department? A No. Q You did estimate and under oath on your application state that the personal assets of Margaret Van Eman amounted to approxima rely $3500. 00~ and the real estate amounted to approximately $15~ 000. Is that correct? A That's right. Q And you did~ under oath, in the Samuel Van Eman estate, before the Register of Wills on your application for probate of that Will, state that the personal assets of Samuel Van Eman, your father, were approximately $100,00 and the real estate approximately $55. 000. A That's right. Q And yet you tla ve done nothing to inventory that real estate or those personal items before the Register of Wills. A That's right. Q Are you familiar with the real estate in either of your mother's estiite or in your father's estate specifically? Marv Van Eman Soffel 85 A How do you mean, by familiar? Q Well, by tract. A I've seen the blueprints. 'Q And how did you arrive, Mrs. Soffel, at the value which you placed on that real estate in your application? A Well1 thinking of it by the acre, and knowing that much of the acreage is in a position where it couldn't be of great use, it's hilly and wild, there would have to be roads put through, and the house is very run down1 and the lower field at times is swampy, the tops il has been taken out of it. Q Would you say then that the valuation that was placed on the appli- cation was a realistic estimate? A Today1 yes; ten years ago1 probably would have been different. Q Did that estimate which you placed on the application in your father's estate, $55,000 , include the farm which is the subject of the Article of Agreement in dispute? A Yes. Q So that if. at some time in the future 1 the Article of Agreement would be determined to be vald.d, your estimate of your father's re l estate then would be less than $55,000. A Yes. I think so. Q Can you tell me, Mrs. Soffel1 what the apportionment of the $55, O< 0 would be applied to that farm pro perty1 the subject of the Article elf 1 Agreement? How much of the $551 000 you placed on that particular --------..--------- Ma rv Van Eman Soffel 86 tract, if you can tell us. A By the Article of Aggeement, which are you referring to? Q The Article of Agreement that you disclaim and refuse to accept thE tendered consideration. e A I understand therels about ten acres. I don't know whether I can sa .. ~ exactly. z <( > Q ... >-I wasn't asking you necessarily to. tell me the acreage, but the valu~ Ol z z Ill II. you would have placed on that particular tract. i 0 ... 1!1 z MR. ZEMAN: Let me interpose an objection . i Ill <( ~ The quest ion is non-specific, Your Honor, in that there .,: 0 il are improvements on this tract in the form of a house and I .... Ill ·Q e ... <( ij don't know that the question u::::orn prehends the improvement, Q :I ., and I doubt whether the witness does. :1: 1:: N ui MR. GLADDEN: Well, I am asking the value 0: Ill ... 0: -0 that was placed on the property which is the subject of the II. bl 0: ... Article of Agreement;; if that includes improvements then ·0: :I 0 0 ... it does . :! 0 ii: ... MR. ZEMAN: In o the r.~words, you are talking 0 about the farm and the house. e MR. GLADDEN: Of course. A That would be the total sum, $55, 000.? Q In other words, you didn't put any value on any property other than the farm and theh ouse in arriving at the $55,000. A I thillk I'm confused about what you want. --------------------------- -----..---------------------------------------------,----- Mary Van Eman Soffel 87 Q Let me ask you this1 Mrs. Soffel: have you had any appraisal made of the real estate owned by your mother or father? MR. ZEMAN: Do you mean professional appraisal? Yes. No1 no professional. So that the real estate that you have . included in your application for Letters Testamentary in your father's estate, including, you correct me if I'm wrong, real estate that your father inherited from your n other. if an:y1 as well as the real estate that was in your father's name alone at the time of his death. including the property which is the subject of an Article of Agreement which you have disclaimed? Yes. Now, Mrs. Soffel. you told the Court and Mr. Zeman, in response to some questions on direct examination. that there were some unpaid bills which a:c.crued during the lifetime of your father and mother1 and that some of these bills were in connection with his 1a.s;1t illness. Is it correct, Mrs. Soffel. that your father died in Washington Hospital? !-That's right. And if I may, show you a statement that was dated July 91 19691 to Samuel L. Van Eman1 Sr. from the Washington Hospital, Wash"ngton, Pennsylvania, and ask you the amount of that bill for an admission from 12-3-68 until12-5-68. Can you tell me the amount of that bil ? A $60. 00. Is that what you mean right here? Mary Van Eman Soffel 88 Q No. I think we are lookingat the bottom, the total. A $2.00. Q The total bill, as I understand the statement, and you correct me again if I am wrong, is $182. 00. Is that correct? e A That's right. c( Q And I believe the statement which we are exhibiting now indicates z c( > ... >-that Medicare and insurance benefits amounted to $180.00, leaving Cll z z Ill II. a balance due of $2.00. i 0 ... A C) That's right. z x Cll Q c( 3': So was this the statement rendered you or your father for his last .,: tJ a: illness? 1-Cll Q A e ... o( § I have never seen that before. D Q :I ., When did your fat her die, date of his death? :z: 1:. A Ill Dec e:rrl:> e r 5. IIi a:: And does this S;how an admission from December 3, 1968 till December Ill Q 1-a:: 0 II. Ill a:: ... 5, 1968? a:: :I 0 A tJ .I That's right. c( u iL Q II. And did he die in the Washington Hospital? 0 A e Q That's right. Now I believe that there are other bills from various hospitals that have remained unpaid, that are unpaid. But I would request you to look through those bills that were issued both in the name of Samuel Van Eman and Margaret Van Eman and indicate to the Cou t the hospital and the date of admission for which these bills were -------- Mary Van Eman Soffe} 89 rendered and remain unpaid. MR. ZEMAN: If the Court please, we object to this;apparently what is attempted here is to show that there are various bills to the Van Eman family. And certain y, e bills to the Van Eman family other than the decedent are ~ clearly incom r:x=tent, irrelevant and immaterial for purpose z of attacking credibility or for establishing fact or for any ot ller < > .... )o en z z Ill Q. purpose whatever. i 0 1-C) MR. GLADDEN: If the Court please, it seems that z i en < == on direct examination the witness stated that there were bil s ..: 0 a: due and owing hospitals for last illnesses and if Mr. Zeman 1-!!! preference, it would seem that the only bills that has preference 0 e .... < § 0 :) ., is attempting to prove that there are claims which have :t t:. "' from a hospital point of view at least, is the $2. 00 bill that ui a: Ill 1-a: I referred to from the Washington Hospital. The attempt of 0 Q. Ill a: 1-this cross examination is to show that these bills which a:: :) 0 0 have accrued from 1960 are not preferred claims and shoul .... < ij ii: IL not be taken into consideration for whatever value there is 0 at this t[?Dint. e THE COURT: The objection is overruled; exception noted. The witness will answer the question. A I don't see what this would have to do with jme. This is my niece, my nephew, my brother. I'm not responsible for any of their thing1 Q Well. what bills are there then for hospitals other than the $2. 00 Marv Van Eman Soffel 90 bill which we have just looked at from Washington Hospital? A There are very few here regarding my mother and fct her. Q Are there any? A This is my nephew, my brother, my niece, my niece, my brother. e This is my mother, $20. 00. c( Q $20. 00, and what is the date on that admission? z ~ A ..I >-May 5, 1962. My brother, I am certainly not paying his bills. 01 z z 0 Ill II. This is my father, October 15, 1962, $363. 30. And that's all. i 0 ... Q I!) z Did you turn these bills, both those that pertain to the estate cf ym.: r :r Ul c( ~ mother and father and the others whom you have mentioned, over .,; 0 i to Mr. Zeman? ... Ul Q A e ..I c( ij Any bills that I got I immediatE! y took them to Mr. Zeman. I have Q :I no bills at home now. ., X ~ Q N ai Was there any outstanding bill that you know of that was rendered t b a:: Ill .... a:: 0 your mother for her last illness by any hospital? II. Ill a:: A ... a: The only thing that I thought might still be unpaid is Dr. Mary :I 0 0 ..I Ca vas ina had a bill. c( ij I ii: Q IL Were there bills for Dr. Kittrell and Dr. Cavasina? 0 A e Dr. Kittrell, Dr. Cavasina. Q Did any of these bills represent balances that were unpaid prior I to the six m:inths immediately preceding the death of your mother a~d father? I A Dr. Kittrell's. I'm not sure about Dr. Cavasina. Q Are you say .ing Dr. Kittrell's bill had a balance that had accumul< ted Mary Van Eman Soffel 91 over a period of time ? A I can't state that exactly, but that was my mother's private p§!.ysic an , Dr. Kittrell. Q I believe you stated, did you not, Mrs. Soffel, on direct examinatio 1, that there was a bill from Moreland Pharmacy. :!:A That's right. z '( ~Q And do you know whether or not that bill represented a currept Ul z z Ill D. balance or one that had accumulated over a period of time? i 0 ~A z Well, I think that bill had been going on quite awhlle. i Ul '( Q ~ I show you a statement from Moreland Pharmacy dated September ~ a: 17, 1969, and ask you what the balance is on that bill? .. Ul a A .I '( $122.23. 0 a Q :I ., Can you tell us from the statement that is on that bill when that bala 1ce, :1: ~ Ill when those bills accrued? ui a: ld .. A a: 0 I would say this is of long standing . D. ld a: Q .. Would these figures on the side re re represent the dates? a: :I 0 0 A .I That's right. December 29, 1962 is the first date on it . '( 0 iL Q IL When is the other date? 0 A Paid on account, $50 00, February 15, 1966. Q And the balance due? A Balance due, $1220 23o Q So that the previous balance from which the $5o 00 payment was dediJcted had accrued and was outstanding as of December 29, 1962. A That's right. c Mary Van Eman Soffel 92 Q Do you know of any bills, Mrs. Soffel, other that the funeral bill and possibly Dr. Cavasina's bill that accrued as a result of your mother and father's death? A Well, of course, the cemetery. And of course, there's no markers on the graves yet. < Q Did your mother and father own the lot in the cemetery? z ~ A Yes. z ~ Q So this would be merely the :Charge for services that were (fi~rformed. Yes. I have no other questions. MR. ZEMAN: That's all. We have no further evidence to offer1 Your Honor1 .and at this time, move for the dismissal of the Citatic n and the Petition and the denial of the relief stated. And in support of the motion, we would like to incorporate by reference several reasons which we gave in the same connection at the conclusion of the case of Falconi Motor Company;; and in addition~ that the evide ce as adduced by the witness, Mary Soffel, as well as the previous testimony, shows that the relief sought by Falconi Motor Company would exhaust the assets of the estate to the detriment, loss and damage of claimants who, under the decedent's estate laws of the ·have Commonwealth of Pennsylvania /r preferred claims, that the relief a sought would bEffutile act and gesture on the part of the Court~ in view of the action of the United States District Court for the Weste tn District of Pennsylvania in the Civil Action at Number 70-503 in 93 that Court. That Falconi Motor Company has not shown sufficient cause nor the required necessity for the approval of Your Honorabl Court for the relief sought under Section 607 -A of the Fiduciaries Act of 1949. NextJ that there are ample and sufficient and adequate remedies as provided by the Fiduciaries Act of 194 9 to give the Falconi Motor Company such relief as it may be entitled to under U e law on account of its claim; and there are other creditors who woul suffer irreparable damage if the ~t~tion and the prayer of the Petition were granted. And that ti1e re is no evidence that they ha v had an opportunity to appear or to answer the Citation. That the Falconi Motor Company has not shown such grounds as would prope:rly invoke the equitable powers of this Honorable Court in this case. And with thatJ we again move that the Court discharge the Citation and refuse the permission to the Falconi Motor Company to proceEd with the execution. And we would be very happy, at the convenience of the CourtJ to offer such authority as is available. We would also incidentally, I neglected to mentionJ we ask at this time for the introduction into evidence of tb e matters which have been, the item: of evidence w hi.ch we have offered~ both by way of stipulation and otherwise. And we again request the ~tension of time to submit to the Court the extension of the Federal Court Order which we ref erred to. THE COURT: The items of evidence referred to are received ---------------------------------------- c z ~ ~ Ul z z Ill D. i e in evidence and made part of the record. The motion of counsel for dismissal is refused; exception noted. Counsel will be permitted an opportunity to file with the Court the extended order or the amen ed order of the Western Pennsylvania District Court. MR. ZEMAN: Thank you1 Your Honor. (Proceedings Closed). 1!1 z Testimony transcribed -November 25, 1970. i Ul ; t ~ Ul ii ... c ij ii :;) ., I hereby certify that the proceedings and evidence are contained ~ fully and accurately in the notes taken by me on the hearing of the above w ui a: cause, and that this copy is a correct transcript of the same. ~ a: 0 D. Ill a: ... a: :;) 0 u ~ ij iL ... 0 The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and directed to be filed. Date: ( 94 ..... ' ... \..... ~(: ' j . c. .... J j •. • I -,J U~ ._. t •• '.t 3 0 (./) 0 ~ :t: -..1 0... (V) -1 : r:;::_ -0 • \ u-2.• . .l.J, 0._ ...: '"-, ....... ;:;:. _, ! c r--~--• 'I ! ' " •W !. :2: ' 'h c:::J ) :c ~ 0 r.f) ,__: \,JI ·~ C) ' ,.._ .. _ ~-..-- " ~ ~-._ ._~ '1 !! ,.._,.;J'..)•i :_.;t .J J. 1 S, ( -~ j : cC s f.-( _; 2:.... L ~ ~J .• '..J .> \., -· . ,. ••• ------------- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS' COURT DIVISION IN RE: ESTATE OF No. 63-69 594 ~SAMUEL L. VAN EMAN~ a/k/a ~ )\ ) ) ) ) ..1 iii SAMUEL L. VAN EMANJ SR., " z z 1&1 a._ Deceased. z 0 I-C) z X til < := r: u ir 1-~BEFORE: ..1 < ~ 0 ~APPEARANCES: :t ,_ ,... N tti 0: 1&1' 1-0: 0 0.. 1&1 0: 1-0: :> 0 0 .J < u ~TIME: 0 ) HEARING ON CITATION TO SHOW CAUSE AND PETITION FOR SPECIFIC PERFORMANCE THE HONORABLE PAUL A. SIMMONS . ZEMAN & ZEMAN, ESQS., by Robert L. Zeman, Esq., of Canonsburg, Penna., representing Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, Deceased, and Mary Van Eman Soffel, Individually. JOHN P. LIEKAR, ESQ ... of Canonsburg, Pa., representing Samuel L. Van Em.an, Jr. Friday, June 15, 1973, at 3:00 o'clock P.M. JACQUELINE HAMMOND Official Court Reporter Orphans 1 Court Division Washington, Pennsylvania INDEX TO WITHIN TRANSCRIPT WIT N~E S S SAMUEL L. RODGERS~ ESQ. ~ FELOMENA' PETARD! z < > .J )" Ul z z 1&1 II. i 0 I- C) z :z: Ul < ~ ...: 0 ii: 1-Ul 0 .J < u 0 :I ., :t 1-..... N ui n: 1&1 I-n: 0 II. Ill n: I-n: :I 0 u .J < u ii: L&. 0 Direct Cross Redirect Recross 3 5 21' 22 24 31 . ' ~ z < :i )o Ill z z Ill Q. i 0 EXHIBITS Plaintiffls Exhibit A -Article of Agreement dated May 15, 1962, between Samuel L. Van Eman, Sr. and Margaret S. Van Eman, also known as Margaret W. Van Eman, his wife, and Samuel L Van Eman, Jr. G Plaintiff's Exhibit B -z A writing dated August 8, 1964, bearing the ~ (J II: ... Ill 0 ..1 < (J 0 ::J ., J: ... " N IIi II: Ill ... II: 0 a. Ill II: ... II: ::J 0 (J ..1 < (J ii: II. 0 notarial seal and signature of Felomena A. Petardi. ------------------------~-----~---- THE COURT: As a preliminary statement, this is the timE1 and place scheduled for a supplementary hearing in regard to the estate of Samuel L. Van_,Eman, also known as Samuel L. Van Eman~ Sr .• deceased, Number 63-69-767. Mr. Liekar would you proceed? ::5 z ~ MR.' LIEKAR: Thank you, Your Honor. I call Mr. Rodgers. > VI z z Ill II. i 0 .... (!) z :r VI < :1:: SAMUEL L. RODGERS, ESQ., IS CALLED AND .. DULY SWORN. DIRECT EXAMINATION BY MR. LIEKAR: Q Will you state your name, please? A Samuel L. Rodgers. Q You are a practicing attorney in Washington County, Mr. Rodgers? '' A Yes, I am. Q On or about May 15th of 1962, were you practicing law in Washington County? A Yes. I was. Q At that time, did you maintain an office in the' Law & Finance Building in Canonsburg, Pennsylvania? A Yes, I did. Q Did you know, in your position as an attorney! did you know Samuel L. Van Eman, Sr. ? 4 A Yes. Q And did you know Margaret S. Van Eman, also known as Marga et W. Van Eman~ his wife? A Yes, I did. e Q About this time in 19o2~ did you perform anyduties or any ~ z activities as an attorney for Mr. and Mrs. Van Eman? <( > .J )o Ul A I don1t r~call the specific dates, but I do know that in the early z z Ill D. i 'oO's, I was representing the Van Eman1s in connection with 0 .... Cl ?: certain legal problems which they had. J: Ul <( 3: Q During that period of time, did you become familiar with the .,.: u a: signature of Samuel L. Van Eman, Sr. ? .... Ul e c .J ~ u A Yes, I did . c :::l .., Q And the signature of his wife? :t .... 1'-N A Yes, I did. ui 0:: Ill Q .... 0:: Mr. Rodgers, I show you an instrument which is entitled Articl ~ 0 D. Ill 0:: of Agreement. And it is covered by a manuscript cover which . .... 0:: :::l 0 u carries your name and office address, and ask you if you .J < u ii: are familiar with that particular instrument or if you recall II. 0 e whether or not you drew it? A Yes. This instrument was dra,wn by me and be~s the signature of Samuel L. Van Eman, Sr., Margaret S. Van Eman, also known as Margaret W., and Samuel L. Van Eman, Jr. And this is my signature as the witness. I might say this: an interlineation on the first page appears to be in my handwriting r---------------rr--------------------------------------------------------------------------~--- Q A Q A Q And was this instrument to the best of your knowledge signed in your presence by Mr. and Mrs. Van Errian and the other part'es there? Yes, it was. t ' To the best of your knowledge, was this the voluntary. act 9f. Mr. and Mrs. Van Eman? Yes, it was. No further questions. MR. LIEKAR: I might say, Your Honor, this Article of Agreement is marked Plaintiff's Exhibit "A", which had been previously introduced into the proceedings. CROSS EXAMINATION BY MR. ZEMAN: Q Mr. Rodgers, I observed that this is a carbon copy on onion skin1 is that correct? A Yes, that is correct. Q Do you know where the original of this instrument is? A No, I do not. It's customary for me to prepare, in effect, duplicate originals, and give one to each of the parties. Q You testified regarding some inter lineations. There is some handwriting on the manuscript cover also. Do you know whose r---------------u-------------------------------------------------------------------------~----- handwriting that is ? ' A No, I do not. This is not my handwriting. And the ackqowledgn ent is not in my handwriting either. But this is my signature to the attesting clause. e Q On the manuscript oover you will observe the stamp which is ::!: z used in the Recorder's Office to certify to the residence of < > _, >-Ul the various parties. And it is in connection with the blanks z z Ill D. i on those stamps that the handwriting on the cover occurs, is 0 1-0 ~ that correct? :r: Ul < A 3: Yes, that is correct. Q And in your experience as a lawyer and in recording documents is it your opinion that that stamp and the writing on the cover h< d to have been made at the same time? A It is customary, of course# when recording the Deed, to certify to the residence;if the attorney is recording the Deed, he certifies and signs. Whether this was done in that manner# I don 1t know. That is customary to certify the residence at the time it is recorded. Q And you are familiar with the:flaicS:irriile rubber stamp that appears on the manuscript cover, are you not? A Yes. Q And that is the stamp that is kept by the Recorder of Deed9, is that correct? A That appears to be the stamp kept by the Recorder. yes. Q A Q A Q A Q A Q A And these stamps ordinarily are affixed at the time of the recording~ is that correct? Thatts been my experience. THE COURT: Mr. Zeman, may I see what you are talking about there? So I will have an idea. Mr. Rodgers, I believe you said in..:nesponse to Mr. Liekar's question that you were representing the Van Eman's. That's correct. By the Van Eman's, do you mean Samuel Van Eman, Sr., Mar~ aret , Van Eman and Samuel Van Eman, Jr.? That 1s right. ., /. In other words~ you were representing all of the parties to this transaction, is that c·orrect? Yes. And of course, they understood that. Do you have any independent recollection as to who instructed you to prepare this Article of Agreement? No, I don't have any certain recollection. I prepared quite a few legal instruments about this time, and usually Sam Van Em fl'n, Jr. ·would approach me because they were in financial difficultiEs and I remember preparing perhaps half a dozen petitions to get stays of execution and that sort of thing. And the affairs of these parties were very much involved together. They were living together and I think the parents had signed certain obligations for Sam, or it might have been yice versa. But I don 1t have any independent recollection as to whether specifically on this instrument Sam had requested I prepare it or Van Eman Sr. Q You will observe from this document, Mr. Rodgers, that it ~ z < bears the date of May 15, 1962~ and it calls for a closing or > .J >-Ul z consummation on or before June 1st, 1962, which is 16 days z Ill D. i. difference. Is that correct? 0 1-C) A ~ :r: Yes, that is correct. U) < ~ Q And is it fair to state that because of the shortness of time ..: 0 a: 1-between the date of the instrument and the date called for closing, U) 0 .J < that you found in your opinion it was not necessary to affix the ~ 0 :l ., customary third page which would contain a jurat for :t 1-,... N recording purposes? ui a: Ill 1-A a: That would be a reasonable assumption, but again, I don1t have 0 Q. Ill a: 1-any independent recollection. There were several prospective a: :l 0 0 .J . purchasers for this property, and the specific circumstances < 0 ii: Ll. to this particular one, I don1t recall. 0 Q Well, is it your custom when you have very short-term' agreements to attach a jurat page in order that it may be recorded? Or do you reserve this method of preparing papers for agreements which have a longer term? AL. Again, I can1t speak about this ~p:ecific situation. But ordinari y, e e Q ::5 z A <( ~ )o ~ Q z Ill 0. i 0 I-C) z A J: Ill <( := ..: u a: 1-Ill Ci .J ., :J: 1-"' N ui a: Ill 1-a: 0 0. Ill a: 1-a: :::> 0 u .J < u ii: Ll. 0 Q A Q A Q A if it is contemplated that the transaction will be consummated in a short period of time, you don't usually make arrangements to record the agreement. And therefore, you would have no occasion to have a notarial jurat attached. Yes, that's true. Do you have any indt-pendent recollection as to why the alterations, the inked alterations were 'made .on this agre·ement? ~ No, I don't recall now why that was inserted on the first page. The description is by tract, and I assume it's to clarify that the farmhouse is included in the references given above. And the statement, the two lines of handwriting immediately preceding the ~xception and reservation clause is a very abbreviated form of description, I take it because of the small space. Is that correct? Yes, that is correct. Do you know whether there was a change of plan or change in the transaction fromthe time that you were instructed to prepare this agreement to. the time it was executed? From the time that I was instructed to prepare it to the time it was executed? Yes. No, I don't recall any change in the plans. Q A Q :5 A z < ~ ~ Q z z Ill D. z 0 I-I!) z J: Ill ~ A ..: u it I-III Ci .J < u c :J ., l: .... ~ Q ui a: Ill 1-a: 0 Q. Ill a: 1-a: :J 8 A .J < u Q ii: II. 0 A Q l 10 Mr. Rodgers, as a lawyer~ you w'ill agree, will you not~ that a change from two tracts of land to three tracts is a rna terial variation and alteration in a document, is it not? Yes, I would say so. Do you know at whose request the alteration was made? No~ I don't have any independent recollection at this time. Is it your custom when there is a material alteration from a prepared document, to have the parties initial the margin where the alterationS) occur? Well, sometimes. Now these parties were very close. And to the best of my knowledge, this ip.teriineation would have been placed on there before the parties signed the agreement • Sometimes I have them initial ink changes, but not always. But this document, Exhibit "A 11 of the Plaintiff-Claimant, contains no marginal verification by the initial of the parties, does it? No . There is nothing in the document on the second page which indicates that the interlineations were made prior to execution, is there? No. Mr. Rodgers, in Mr. Liekar 's examination, I was somewhat un~ertain as towhether you saw this document execut:ed ------------~-------------------------------------------------------------------------.-------- A Q ~ A z < ~ ~ Q z z Ill 0. z 0 1-(.? z :X: Ul < ~ A ..: 0 a: Q l-UI 0 .J A ~ 0 0 ; Q :t ... ..... N ui 0: Ill 1-0: 0 0. Ill o: A 1-0: ::l 8 Q .J < 0 ii: ... 0 A Q A Q A 1 1 or whether you were just familiar with the signatures of the parties. What did you intend by your testimony? My best recollection is that they signed it in my presence And if they had not signed it in your presence1 then would it be your position that you were familiar with their signatures? Well, I am familiar with their signatures. That is true. Have you had occasion to compare the signatures that appear or this document with any otherdmown signatures of Samuel Van Eln.an, Sr. and Margaret Van Eman? You mean have I had occasion to compare them? Yes. Not as such, no. I take it that the material, the handwritten material which appears below the signatures was not made in your presence, is that correct? That is correct. When was the last time that you saw this document, to the best of your recollection? That is before today. Well, my best recollection would be on the day it was signed. You did not see it thereafter? Not to my recollection. Did you have any conference with Samuel Van Eman, Jr. subsequent to May 15, 1962 about this document? Not that I recall. I see a John Guzik name mentioned here. and ~ Q z < ~ )o Ill z z 1&1 ll. A i 0 1-~ Q I: Ill < ~ ..: 0 it l-UI ~ A < 0 c :::> Q ., J: f-r-N ui a: 1&1 1-a: 0 ll. 1&1 a: 1-a: :::> 8 A .J < u Q ii: "" 0 A Q A 12 I remember he was one of the parties who was supposedly interested in purchasing this property. And as I recall. that deal with Guzik did not go through. I remember that. I don't recall any conferences with the Senior Van Eman or Sam Van Eman subsequent about this document. Did you advise Mr. Samuel Van Eman. Jr. that it would be desirable that this document be recorded? I don't recall that, no. Do you recall having told Samuel yan Eman. Jr. that in order to have a document recorded that it was necessary that it bear a notarial acknowledgment? I don't recall that either. Mr. Rodgers~ in representing all the parties to this transaction will you state whether or not you were~ on or about June 1st, 1962, instructed to prepare a deed for the premises in this agreement? I have no such recollection . Will you state whether or not you were instructed by any of the parties to this agreement to prepare a Deed at any time pric r to October 1st, 1962? Again. I have no recollection of such a request. Wereyou instructed by any of the parties to this agreement to prepare a Deed at any time? In conformity with this agreement? ,. .------------..-------------------------~-~--~ 13 Q In conformity with this agreement. A I can1t recall such a request. Q Do you, in your files, have any proposed Deed from the Van ' Eman, Senior to Samuel Van Eman, Junior for the premises e involved in this agreement? -'· ~ z A I csmldn1t tell you. In fact, I don 1t know whether I still have tho~ e < > ~ >-(I) assignments. z z Ill II. Q You did not record this agreement? i 0 .... C) ~ A No, I did not. :I (I) < ~ When did your representation 'of the Van Eman1s, the Senior ...: u a: Van Eman, that is Samuel, Senior and Margaret. cease to the .... (I) e i5 ~ < ~ best of your recollection? c :::> A I don 1t remember. -, :t 1-,... N Q Would you say it was before October 1st, 19o2 ~. the date of the ui a: Ill .... recording of this instrument? a: 0 II. Ill A a: I have not attempted to refresh my recollection, and I wou.ldn1t .... a: :::> 0 u be able to answe.r that without further notations or something, ~ < u ii: because as I say, this was over quite a perl.od of time, and ther~ ... 0 e were numerous matters that we discussed. Q Do you still represent Samuel Van Eman, Sr. ? A No, I don't. Q Do you recall when your representation of him ceased? A Not exactly; it1s been sever~l years ago. Q But it would be, you were still representing him in October of ,,---------------~------------------------------------------------------- 1LI 1962~ I take it. . A I don't really remember . Q This would be just a matter of a few months after this agreemer t was made: A I couldn 1t even give you an independent recollection as to when ~ z my representation ceased. < > .J )o Q Ul z Do you know Felomena Petardi? z 1&1 0. A i Yes. 0 t-~ Q ~ Is Miss Petardi associated with you in business? J: Ul < A :!: No, she. is not. ~ u Q a: t- Were you present when she affixed her jurat to this instrument: !!! c .J < A To the best of my recollection, I was not. ~ c Q :::l ..., Do you know where Miss Petardi's office is! :J: 1-"' N A I believe so. It was the Black Agency on East Pike Street. ui a: 1&1 Q t-a: That is approximately a block from your office, is that right? 0 0. 1&1 a: A t- That's right. a: :::l Do you customarily send papers to Miss Petardi for acknowledement 0 Q u .J < u ii: or other notarization? II. 0 A Not customarily. no. Q As a matter of fact, you had a notary public in the same buildin1 where your office was located, is that not right? A Off and on we did. Of course, Mr. Cummins is a notary public. ' Sometimes the secretary had a seal and sometimes she, didn't. e e 15 Q He is in the same suite of officelli. A Yes. Q And Frances Gray, a notary public, who was the secretary to now Judge Richard DiSalle, was just down the hall from you, is that right? '. ' ~ z A I believe that's right. ' < > ~ >-Ul Q No further questions. z z 1&1 II. i 0 ... THE COURT: Any questions 7 ~ ~ X Ul MR. LIEKAR: I have one question, nothing to do with the Articl < 3: ...: of Agreement, Mr. Rodgers, but I have a writing here--- u 0: ... Ul 0 THE COURT: Just a minute now, before you present it, you ot ght ~ < u to have it marked for identification. 0 ::J .., :t 1-MR. LIEKAR: Mark it for identification, pleas e. " N ui 0: 1&1 ... 0: 0 -II. (Ste~ographer marks Plaintiff's Exhibit "B"). 1&1 o: MR. ZEMAN: At this time, we ask for an offer of proof. ... 0: ::J 0 u ~ MR. LIEKAR: Your Hop.or, I want to have Plaintiff's Exhibit u ii: ... 0 "B" J or rather what is marked for an exhibit "B" for the Plaintiff, I'm offering it to show that on August 8, 1964, which was more than two years after the date of the Article of Agreen ent, which was May 15, 1962, that one of the parties to that Art~cle of Agreement, Samuel L. Van Eman, Sr., executed a writing indicating that the Article of Agreement was still in effect; that .-------------..--------------------------------- Hi he wanted a deed made to Samuel L. Van Eman, Jr., the plaint ff in this action, for the three tracts of ground as set forth in the Article of Agreement. The purpose of that being that in accordance with the Act of 1856, as I understand it, if there ha~ e been no entry by the party, no performance, substantial ~ z performance made, that to take it out--- < > .J )o Ill z z 1&1 THE COURT: What kind of performance did you mention ? D. i 0 1-C) ~ MR. LIEKAR: Substantial performance. That there must J: Ill < ::: be a writing of some kind signed by the party to be charged that ...: 0 ii! 1- the original Article of Agreement for the conveyance of the real Ill e 0 .J < u estate is still in effect. For that purpose, I am introducing thi~ 0 :J .., letter to show that. Mr. Van Eman. one of the parties to be :t 1-,.. N charged, has indicated that that Article of Agreement is still ui a: 1&1 1-a: in effect, and he wanted the provisions contained therein to be 0 D. 1&1 a: carried out. 1-a: :J 0 u .J < u MR. ZEMAN: The offer of proof is objected to. It has no relati n ii: ... 0 to the witness on the stand. The witness on the stand has stated e that his representation of the parties ceased. He's been unable to give a date. There has been no relationship.shown in the offer to this witness or as to why it is being presented to him. for any purpose whatever. Secondiy, this instrument certainly does not toll the statutory time as provided in the Act of 1856. THE COURT: For what peas on? MR. ZEMAN: For the reason that the Supreme Court of this Commonwealth has decided in Lamb versus the Allegheny C?un ~ Institution District--- THE COURT: Do you have the citation in your brief? MR. ZEMAN: Yes, it is in my brief, Your Honor. That there is a dear five year statute, and where we are talking about actions for specific performance on a writing, that there is a precise statute for five years involved. Next, this writing is certainly surplusage, because we don rt need a writing to prove a writing. This is certainly not the intent of the act. Next, I have read this document and it is purely precatory, and, in fact, it reads more like a Will than it does a set of instructiop.s. Next, Mr. Van Eman, Sr., at the time that that instrument was drafted, was holding the property involved as a tenant by the entireties, and therefore, as a matter of law, the act of one tenant by the entireties to make a conveyance or instruct a conveyance would be made, would be void. THE COURT: Would you tell us for the record when his wife died, if she did die? MR. ZEMAN: . She died in 19E:i8, and the date of the exhibit now. which is the subject of the offer of proof, is dated in 19E:i4, I 17 1 R ·believe. THE COURT: So at that time you are contending that both tenan s by the entireties were living. MR. ZEMAN: That's right. And the rule is clearly per my et per tout, and therefore, both parties must act. A tenant by .±he ei:ttireties cannot act on his own. This is a different situation than where a person is simply releasing a dower or courtesy interest. We submit that the document now which is the subject of the offer of proof is incompetent, irrelevant and immaterial for purposes of this case generally~ and specificall) with respect to this witness, who has been called merely as an alleged attesting witness to the Article of Agreement, Exhibit "A". THE COURT: One question, Mr. Liekar. What do you expect. Mr. Rodgers to identify this? MR. LIEKAR: No, Your Honor. Perhaps I should have said that first. Mr. Rodgers has testified that.he is familiar with the signatures ·of Samuel L. VanEman, Sr. and I was going to ask him if he could identify th~ signature which appears on this instrument as being that of Samuel L. Van•Eman, Sr.; not as a witness as to the contents. IF===========~~==========================================================~F==l=9== I MR. ZEMAN: May we further supplement the objection to the offer of proof, Your Honor? The witness has directly testified ... that at no time subsequent to the preparation of the Article of Agreement was he ever as counsel instructed to draw a Deed for the premises which is the subject of the agreement. And thi , in a sense~ is contradicting the testimony which he has given in this cas e . THE COURT: Are you saying he1s impeaching Mr. Liekar1s witness? MR. ZEMAN: He~s impeaching his own witness, yes, Your Honor. MR. LIEKAR: If this letter were addressed to Mr. Rodgers, I'd say I would be impeaching my own witness. But it's not addressed to Mr. Rodgers. It's not addressed to anyone; it1s a statement. THE COURT: We will admit it pro forma, since there is no jury here~ and have Mr. Rodgers testify. MR. LIEKAR: Mr. Rodgers, you sat there very patiently--- MR. ZEMAN: Pardon me, Mr. Liekar. Is it my understanding, Your Honor, that this testimony is all being taken under objectipn? THE COURT: Yes. This is admitted pro forma. 20 MR. LIEKAR: · I show you this Plaintiff's Exhibit "B" and ask ycju ifyou can identify the signatures which appear at the end of the instrument as being that of Samuel L. Van Eman, Sr.? e the reason that this is an improper method of proving a signatm e. ! MR. ZEMAN: We object to this, if Your Honor please, for ~ z < > In other words, it is my understanding that in order that a witnEss .J > Ill z z Ill testify to a signature, he must compare it with a signature 0. i 0 1- which he has seen made in his presence. And that is on the basis (!) ~ :r Ill · af the comparison that he testifies and not from memory. < s: ..,: u a: THE COURT: Well, you 1ve. got a document there, Mr. Liekar. 1-Ill -e 0 .J < u Show him the document . 0 ::J .., :!: 1-MR. ZEMAN: If the Court please, the testimony of Mr. Rodgers ,... N fli a: is somewhat ambiguous as to whether he saw this executed in Ill 1-a: 0 0. his presence or not. Ill a: 1-a: ::J 0 u Your Honor., !think that's Mr. Zeman's interpre1~ation MR: LIE~.A'R: .J < .. I u ii: of Mr. Roggers 1 statement. 1.1. 0 I e THE COURT: Let's not argue forever. Let's have him compare his signature and give his best testimony. . . ') 1 REDIRECT EXAMINATION BY MR. LIEKAR: Q Mr. Rodgers~ will you look at Plaintiff's Exhibit Number "A" which you have stated contains the signature of Samuel L. Van Eman, Sr., and after examining Exhibit "A", can you say that the signatureapp:ear:iq.gon Exhibit "B" is one and the same or similar? MR. ZEMAN: Not one and the same or similar; it must be the same. THE COURT: Exactly. And further, I think Mr. Rodgers also hascto testify from his own independent recollection as to what the signature is, because he's not a handwriting expert. He1s already said I think a h~lf dozen times that he's familiar . with Mr. Van Eman's signat~re. ·,. ' THE COURT: That's what we're telling you. Now you are asking that he look at the exhibit "A" again to refresh his memory~ I suppose. 1 ' After looking at the agreement dated May 15, 1962, and this letter dated August 8, 19o4, it 1s my opinion, based upon my familiarity with the signature, that this is the signature of Sam\ el L. Van Eman, Senior. 22 THE COURT: On Exhibit "B"? A On Exhibit "B"~ yes, Your Honor. Q I have no further questions. RECROSS EXAMINATION BY MR. ZEMAN: z ~ Q > Ill z z Ill 0. i 0 .... C) z ~ A o( ;:: ...: 0 0: Iii Q c .J :5 0 0 :l ., ~ A ,.. N ui Q 0: Ill .... g A 0.. w 0: ~ Q 0 u .J < 0 ii: ~ A Q A Q Mr. Rodgers, look at the two signatures, Samuel L. Van Eman Sr. and S. L. Van Eman, Sr. Do you see any difference in thos . two signatures? Well, there are several differences, but in my opinion~ both /of them are the signatures of Samuel L. Van Eman, Sr . Mr. Rodgers, I call your attention to the first "S" in Samuel and in "S" "L", and ask you if those S's are identical? No, they are not. ' •· They are substantially different~ are they not? They are different. Now I call your attention to the middle initial, '"L". Are those not substantially different? Again, there are some differences. It's a matter of opinion I suppose as to how substantial. I call your attention to the "V" in the surname on the two purpo1 ted signatures. Is there not a substantial difference in the V's? Again~ there is a difference. Now~ Mr. Rodgers, will you kindly ched} the first "S" in the ~-----,rr-----------------------------------~--- name, the middle initial "L" and the "V" in the surname, and tell the Court whether or not there is a substantial difference? THE COUR'r: You are referring to which e document? ~ Q z < Between Exhibits "A'' and "B". > ..I )o A Ul z Well, as to the letter "S", all three of them are somewhat z 1&1 D. i differen•t•:;. Although the "S" in S. L. Van Eman, Sr. in my 0 1-C) ~ J: opinion is pretty close to the "S" on the Exhibit "A". The "L" Ul < ::: I think is very close. There is no loop on this one, S. L. Van .,.: 0 a: 1-Eman, Sr., but otherwise, they seem to me to be very close. Ul e 0 ..I ., expert---the three V's, the Samuel L. Van Eman Sr. "V" :t ... r-N again seems to be rather close to the "V" on Exhibit "B", ui a: 1&1 1-a: but inS. L. Van Eman, the "V" is a little wider. 0 0.. 1&1 a: Q I 1-a: ::> 0 u ..I As a matter of fact, Mr. Rodgers, calling your attention' specifically to Exhibit "B" only, the signature of Samuel L. ~ u ii: II. Van Eman, Sr. and S. L. Van Eman, Sr. do not appear to havE 0 been made by the same person, do they? A No, I. wouldn't agree with that. Q No further quest ions. MR. LIEKAR: No further questions. THE COURT: You may be excused. (Witness excused). MR. ZEMAN: We ,at this point, if Your Honor please, we reneVi our objection to the exhibits and move that all testimony---- :!: z < ~ )- Ill THE COURT: MR. ZEMAN: stricken. ~ THE COURT: Ill a. i 0 1- We will take your objection under advisement. And we move all testimony in relation thereto be We will takeyour second motion under advisemen 24 ~ MR. ZEMAN: Incidentally, Mr. Liekar, would you be kind enoL gh :r Ill < 3: to supply me with a photostatic or Xerox copy of Exhibit "B"? ...: u II: Iii A c MR. LIEK R: .J < ~ c :I ., :t ~ ,.. N ui II: Certainly. . '' Ill I-ll: ~ FELOMENA A. PETARD! IS CALLED AND DULY SWORN. Ill II: 1-~ DIRECT EXAMINATION BY MR. LIEKAR: 0 u ~ Q Will you state your name, please? 0 iL ~ A Felomena A. Petardi. Q Where do you live? A ._ 529 Euclid Avenue, Canonsburg. Q What is your occupation? A Secretary, Notary Public. Q And are you a notary public now? A Yes. Q How long have you held a notary seal? A Approximately 2 5 years. Q And were you a notary public in 19o2, specifically on October e 1st, 19o2? :!: A z Yes. < > ~ >-Q 1/) z And where were you employed on that date 'f z 1&1 D. i A Well, it was the Black Agency. 0 1-(!) ~ Q J: In Canonsburg, Pa. ? 1/) < ;:: A Yes . ...: u ir Q 1-1/) When you were working for Mr. Black, did you have occasio e 0 ~ :!: u to meet Samual L. Van Eman, Jr.? 0 :l A .., Yes. But at the time I was working for Mr. Bailey, who was :t 1-r-Ill operating as the Black Agency. ui 0:: 1&1 1-Q 0:: 0 When you were working for Mr. Bailey, did you have occasion D. Ill a:: 1-to meet with and talk with Sam~etL: Van Eman, Jr. ? 0:: :l 0 u A ~ < Yes. ,. u ii: Q Ll. 0 And did you have occasion to meet with and talk with Samuel L. e Van Eman, Sr. and his wife, Margaret S. Van Eman? A Yes. ' ' Q What were the occasions at which you would see them and whert would -you see them? A Well, Sam brought them to the office tohave papers notarized. That was the only time. Q A Q A Q ~ A z < ~ ~ Q z z ld D. i 0 ... ~ A :I Ill < ::: ~ 0 a: Q ... Ill 0 .J A < ~ 0 :I ., :t .. " N ui 0: ld ... 0: 0 D. ~ A ... 0: :I 8 Q .J < 0 ii: II. 0 A Q A Q 2Jj_ How many times? I said that was the only time, when he brought them to the officE. Had they ever been in the office alone before? No. Had Samuel L. Van Eman, Jr. ever been in the office himself? To sell property. And had you done any business at all for Samuel L. Van Eman, Sr. and his wife in your capacity as a notary public? Only when I acknowledged the the papers that they requested tha I acknowledge. Had they requested you to acknowledge many papers? Not that I recall, sir . THE COURT: Excuse me, sir. You said th y only came to your office one time? No, several times . Is it my understanding that Mr. and Mrs. Van Eman, Sr., had they been in your office several times? I don1t remember exactly how many times, but I remember then coming in. Sam bro"ught them. But you had seen them on more than one occasion? I believe so. Maybe two times. I really don't remember now. . Do you recall notarizing more than one paper for Mr. and Mrs. Van Eman, Sr. ? r---------------~------------------------------------------------------------------------------- 27 MR. ZEMAN: ObjeCted to as leading. THE COURT: I think it1s sustained. Rephrc: se it. Q Miss Petardi, I want to show you Plaintiff1s Exhibit "A" and as~ you if the signature of the notary public which appears on this fustrument is your signature? A Yes. Q And what is the date of that signature'!' A , First of October, 1962. Q Can you recall where the acknowledgment was taken? A I guess in the office because Pve never gone anywhere to their home or anywhere. .. MR. ZEMAN: We move that the answer be stricken as not being sufficiently cer~ain. I think the witness said she guessed it had been done there. THE COURT: Put the question again to the witness. Q Let me ask you this way, Miss Petardi: Is this your signature'? A Yes. Q And on October 1, 1962, did you ackoowledge this instrument? A Yes. MR. ZEMAN: Objected to as leading. 2R A Yes. THE COURT: It's certainly leading, but it1s in there now. Go ahead. I don't think it's pre9-udicial. Q And at the time of the execution of this instrument, who .was present before you? A I don't recall, other than Sam Van Eman and his parents were there. I don 1t recall anybody else in the office. Q Can you tell me who you recall being present at the time that this instrum<::nt was notarized? A I really don't recall. Q Well, maybe I'm confusing you. I'm not asking you the names~ if you can recall any other clerks or secretaries at all. I'm asking you~ at the time of the execution of this instrument., was Sam Van Eman, Jr. there? A He probably was, because I think he brought his people and par~nts in. Q But you don't remember? A Not exactly. Q Are you familiar with the signature of Sam Van Eman, Sr. and Margaret S. Van Eman? A Having done business with Mr. Van Eman before, I think I remEmber Jrii5 signature. Q You think you remember his signature? I ------------------~~------------------------------------------------~----~--~----------------~·--------------+-------- --------------------- ?.Q A Yes. Q WiHl you examine the instrument there and tell me if you recogn"ze the signature ? MR. ZEMAN: This is objected to as an improper method of proving a notarial jurat. The fact that the W:itnes ~ z o( > .J does or does not recognize a signature is not material. )o Ill z z 1&1 D. i THE COURT: The objection is sustained. 0 1-(!) ~ I: Q Ill o( I have no further questions, Your Honor. :: MR. LIEKAR: Excuse me~ on this exhibit here~ I forgot Plainti f's Exhibit "B"--- THE COURT: Are you going to introduce that into evidence? MR. LIEKAR: I am going to ask her if this is her handwriting on the notary. Miss Petardi, I show you Plaintiff's Exhibit "B '--- ' 0 THE COURT: Just to be helpful, why don't you ask her if you can identify this and that way you won't have any problems with leading questions? MR. ZEMAN: Pardon me. We object to any evidence being offered or any testimony being offered in connection with Exhibi "B" by reason of our previous objection to it in its entirety~ Your Honor. l======i=========================F=::::!::3~0_ ! THE COURT: We understand. That's a continuing exception and . we are still admitting this evidence at this time, pro forma. We are taking all the objections under advisement. e MR. LIEKAR: Miss Petardi, ·can you identify the signature appearing on Plaintiff's Exhibit "B" as to the notary? ~ z < > ..J A That1s my signature. >-Ul z z 1&1 MR. LIEKAR: As a Notary Public? Q, i 0 1-A Yes. C) ~ J: Ul < MR. LIEKAR: No further quest ions. ~ ...: u 0: 1-MR. ZEMAN: We move that the last answer be stricken as bein~ Ul e a ..J .., no proper foundation laid for the question or for the answer, :t ... ,... N and there's been no relation shown to the matter in issue. ui a: 1&1 1-a: 0 0.. 1&1 THE COURT: We will take the objection under advisement. a: 1-a: :::> We will admit the exhibit pro forma. Will you please proceed n< w, 0 u ..J < Mr. Zeman. to cross examine the witness? u ii: 1&. 0 MR. ZEMAN: Yes, Your Honor. e • I 31 €'ROSS EXAMINATION BY MR. ZEMAN: Q It's Miss Petardi, is it? A Yes. Q Miss Petardi, do you have your register of official acts perforrr ed . you ~yl as a Notary Public in Court with you? A I didn't understand. Q Would you read the question? (Stenographer reads back the question). A No. Q May I ask when you were called by Mr. Liekar to testify? A Yesterday. Q And did he tell you generally what you were going to be asked to testify to? A Yes, to identify my signature. ui 0: Ill Q 1-0: Did he indicate that it was a matter involving the signature of th~ 0 0.. Ill . 0: Van Eman's? 1-0: ::J 0 A I) Yes. " ...1 < u Q ii: u. Did he indicate to you approximately what date was involved'( 0 e A Q No. Did you, after receiving this notice from Mr. Liekar, check yo[lr register of official acts performed by a notary? A No, sir. Q Do you maintain such a register? A Well, it's all recorded in our business receipts. It's not kept 32 separate. Q In other words~ this is maintained as part of the records of the insurance agency, is that right? A Yes. Q Then you do not have a separate register of official notarial ~ z acts performed by you? o( > ..1 >-A !II No, sir. z z ill a. Q i Then you do not have any official and statutoryly required 0 ... (!) ~ record showing any acknowledgments taken by the Van Eman's ~ J: !II o( ~ A Well, we have it in our receipts. . ' ~ u Q ii: ... That isn't my question. 1/) c ,..1 o( u THE COURT: Put your question again so sh c :J .., :t 1-will understand it. ,... N ui Q a: Then you have no record of any acl<:.now ledgments taken from an ill ... a: 0 0.. of the Van Eman's in an official required statutory register of ill a: ... a: :J notarial acts. 0 u ..1 < THE COURT: Miss Petardi, do you know u iL LL 0 that you are supposed to have a little book, and everytime you take a notary1 you enter your business in the book. And you do that on each one of them, day by day. A I don't keep it separate, sir. Wa just keep it in our regular accounts,. I mean with all the business that comes in. 33 THE COURT: You have never been told that you are supposed to keep a book like. that? A No, sir. MR ZEMAN: If the Court please, atthis time we would move to strike all of the testimony of this witness, for the reason that the statute, the Notary Public Law of 1953 expressly provides, and inc~dentally, we are· grossly handicapped by the non-observance of this act by I_ t 1 •• the witness, provides that in Section 15, Purdons Citations 57 P. S. 161, 11 Every Notary Public shall keep an accurate . . . register of all official acts by him done by virtue of ris office, and shall when thereunto required, give a certified copy of any record in his office to any person applying for same.· Said register shall contain the date of the act, the character of the act and the date and parties to the instrunent and the amount of fee collected for the service. 11 In view of the fact that she does not maintain such a register, we, as I say, are grossly hampered in our defense and in our cross examination by being unable to have such certified copy made available to us. THE COURT: How would this in any way prejudice you, if she, in fact, remembers that she did notarize these documents? --------~-------------------------------------------------------------------------------- 34 MR. ZEMAN: Because the absence of such c n entry would indicate that the acknowledgment was not taken THE COURT: Or maybe just not recorded. MR. ZEMAN: This is our motion at this stage, Your Honor. THE COURT: Again, we will refuse your motion and admit these documents pro forma. We will tak your motions under advisement. MR. ZEMAN: And notice an exception, in the event of an unfavorable ruling? THE COURT: Notice an exception. MR. ZEMAN: Pm not quite finished, Your Honor. THE COURT: I'd like to state very succinct y for the record, how hert.failure to take this is relevant to p ove the signatures of Mr. and Mrs. Van Eman. MR. ZEMAN: It would go to the proof as to whether an acknowledgment was taken, Your Honor, and this is a statutory requirement. THE COURT: As to whether it was taken or :!: z < > .J >-Ill z z 1&1 0.. i 0 1-Cl z X. Ill < := ...: 2 0: ... Ill a .J < 0 0 ::> .., :t 1-"' N ui 0: 1&1 t-o: Q A A ~ Q 1&1 0: ... 0: ::> 0 0 ~ A u ii: II. 0 Q A Q 35 when it was taken? MR. ZEMAN: Both. And the nature of the instrument also. Let me put this question first, Miss Petardi: Would you kindly, for the record, read in a loud,clear voice all of the material wh ch' appears below the signatures on page two of Plaintiff's Exhibit·'· A II? "Samuel L. Van Eman, Sr. and Margaret----" THE COURT: Just a minute. Ma'am. I can t hear. "Samuel L. Van Eman, Sr. and Margaret Van Eman, also knowp as Margaret W. Van Eman and Samuel L. Van Eman, Jr. appeared before me. Subscribed and sworn to before me this 1st day of October, 19o2, A. D. Felomena A. Petardi." And then there is a printed stamp, Felomena A.· Petardi, N. P. My commission expires January o, 19o5. Is that c orre( t? Yes. Do you recall specifically and independently whether Mr. and IV rs. Van Eman appeared before you on October 1st, 19o2, or whethEr you just recognized their signature? I believe they were there with Sam. In fact, I know they were therE with Sam. How do you know they were there with Sam? -------------------------'---------- A Q A e Q o( A z o( > .J >-Q Ill z z 1&1 Q, A i 0 .... Cl Q ~ X Ill o( ~ A ...: u Q it .... Ill e 0 .J A :!: u 0 :J Q .., :t 1-"" N IIi 0: 1&1 A .... 0: 0 0. 1&1 0: Q-.... 0: :J 0 u .J < § A II. II. 0 e Q A I Q A ' How do I know? Because they were there, that's all I know. Sam brought them in. And when they got there, what did they say to you? They asked me to acknowledge their signature. They asked you to acknowledge their signature? Yes. . Is that what they said? As far as I can remember. And that was all they said? I don't remember. It could have been that they said nothing else 'r It· was conversation; it wasn't pertaining to that. And you state---incidentally, the matter that you read for the in record, is that/ your handwriting? Yes . I~. And you used the word subscribed. Now that means signed, does it not ? Yes. Was~ this signed before you on October 1st, 19o2? I don't recall, sir. Well, you !J-yard Mr. Rodgers testify that it was signed before him ,omMay 15, 19o2. Now was it signed before you or was it rpt signed before you? It's so long ago, I don't remember now.- Q A Q ~A < ~ ~ Q z z 1&1 II. i 0 t-el z :t U) < :: ~ u a: t-~A 0 .J :!: u 0 :J ., ui a: 1&1 t-a: 0 II. Ill a: t-a: :J 0 u .J < u ii: II. 0 Q A Q A 37 In other words, it may have been signed before you, :ts that righ ? That's right. As a matter of fact, sine e you say that it wa~ subscribed befor.e • you, it would appear that it, was signe?-before yol;l, is that ~ot right? .Yes, sir. You wouldn't have said it if that were not the case. The witness is shaking her head no in response to the question. THE COURT: Do you mean to say no, sir in response to the last question? I believe they signed it. I just don't remem ter, sir. It's been so long ago. Miss Petardi, you have been a Notary Public for 25 years, I believe you stated. THE COURT: I don't think she stated that as such. Why don't you ask her how long she's been 'r How long have you been a Notary Public? Approximately 25 years. Do you mean to tell me that you had the Van Eman's raise their right hands and swear to this document in your presence? As far as I can remember, they just came in and asked me to acknowledge it; which I did. That's what I did. I -------~------------------------~--~--1 38 Q But you state in your handwriting here, subscribed and swo:r:m to. Now is that correct or incorrect? A I guess it1s correct. Q lt1s in writing and you wrote it at that time. A Yes. :!: Q z And that's what they did, is it not, they subscribed and swore < > .J )o II) to it in your presence, right? z ·z Ill II. A i Yes. 0 1-C) Q ~ That's what they did; not acknowledge it, is that correct? X (/) < :: ...: THE COURT: Do you understand what u a: 1-(/) i5 acknowledge means, Ma1am? .J < 2 A Yes. 0 :l ., :t ,_ THE COURT: '' Wh~t does acknowledge mean I' N ui A a: Well, that I should have the notary seal on there and my stamp pn Ill 1-a: 0 II. there that they acknowledge it to be their statement. Ill a: 1-a: :l 0 u THE COURT: Why didn't you put the word .J the word ''acknowledge'', they acknowledge this to be their act and deed, and you don't also say there that they desire QQ it to be recorded as such~ did you? A No, I didn't have that in there. Q'; Thank you very much, Your Honor. That's the thrust of our position, because the Act .makes it a specific requi:r~ment, as • Your Honor well knows from his experience as solicitor fqr the . ~ z o( Recorder of Deeds, that in order to be entitled to recording, > .J ,.. en z an instrument must be acknowledged and for the purposes intenc ed, z Ill D. i that is recorded; and the jurat of this Notary Public is that ordijnarily 0 1-~ ~ X given on an affidavit. Therefore, it was not entitled to be !II < ~ recorded and we submit that the purpose of caUfug this witness ..: u ·a: 1-has been defeated as a matter of law, and we ask that all of her en • 0 .J ~ u testimony be stricken 0 :::> ., :t .... ,.. THE COURT: We will take the motion under advisement . N ui 0:: Ill 1-0:: 0 Q Miss Petardi, did you affix the same jurat to the original of thi a.. Ill a: 1-0:: document? You will observe that this is a carbon copy. :::> 0 u .J A I don't recall. < u ii: II. 0 Q Do you know to whom you gave this exhibit after you affixed yo r e signature and seal? A I don't recall. They probably were all there. I don't recall. Q I call your attention now to Exhibit "B" and ask you to state for the record what appears under the purported signature of S. L. Van Eman, Sr. ? • • A Q A ~Q < ~ ~ A z z Ill ll..·Q z. 0 I-C) z :r en ~ A ...: u ii: Q ~ 0 .J < u g A ., :t ... ,... N Q ui a: Ill 1-a: 0 ll. ~ A 1-a: :l 8 Q .J < u ii: "-0 A Q A 40 Subscribed and sworn to b~fore me this 11th day of August. 19o My name, Felomena A. Petardi. My stamp and seal. Now I take it that you haveno record in your register of this act either, is that correct? I don't have a separate record. lt1s all under the business receipts. Now did Mr. Van Eman, on this day. come in alone? I think he was accompanied by his son, Samuel, Junior. Was this paper already signed when it was brought to you, or was it signed in your presence? I don't recall. You will observe that the tnk on the document itself and on the signatures appears to be the same, is that right? Yes . And therefore, it would appear that the document was written and signed with the same pen,Ustthat not a·fair assumption? ' Yes. And you have stated that this was subscribed before you on the 11th day of August, 19o4. That is to say signed before you, is that correct? Yes. And was this written out in your presence? No, sir. It was brought in to me and they probably signed it in my presence. THE COURT: Excuse me. Is that probablyt> ------------------------------------------------------- Q A Q A ~ Q z o( ~ >-A Ul z z ~ Q z 0 ... ~ A :r: Ul ~ Q r-: u a: ... Ul ~ A < u 0 :::l ., :t 1- :;; Q tti a: Ill ... a: 0 Q. ~ A ... a: :::l 8 Q .J < ~ A II.. 0 Q A Q A Q -. 41 I ,. You are not certain as to whether this ·was signed in your presence or not? I'm sure it was because I put my seal there. And did Mr,. ·Van Eman bring his own pen, do you recall? I don't recall. Who signed Mr. Van Eman's name? Mr. Samuel L. Van Eman, Sr. And did you say who brought him in? His son. Do you have an independent recollection of that? Do you remem per it specifically? w·en, as I told you, they came in several times, but I can't remember. Well, like I told you, they came in several times. As a matter of fact, Mr. Van Eman was well past the age of 90 in August of 1964, and he wasn't coming in on his own, was he? Yes, sir. That's right . Well, that's right that he was beyond the age of 90? ·Yes. And it'~ also true that he did not come in on his own. He had to have help and someone to bring him in. Yes. And Mrs. Van Eman's signature does net appear on this, does 't? Her name does not appear. To the best.ofyour recollection, Sam, Jr. brought him in. --------rr------------------------------------ 42 A Yes. Q No further questions. MR. LIEKAR: I have no further questions of the witness. THE COURT: Did Mr. Van Eman, Sr. know what he was doing when he came in? A I think so. THE COURT: He seemed to be alert and understand what he was doing? A Yes. THE COURT: Any other questions? MR. LIEKAR: I have no further questions. THE COURT: Any further questions? MR. ZEMAN: No further questions. THE COURT: The next witness! MR. LIEKAR: I have no further witnesses, Your Honor, to present in this matter. I would move the introduction of Plaintiff's Exhibit "A" into evidence at this time, believing it has been properly identified as an instrument signed by Samut:>l L. Van Eman, Sr., also known as S. L. Van Eman, Sr. MR. ZEMAN: We object tothe_·introduction of both exhibits "A" and "B" for the reasons that we had previously stated. THE COlR T: We will admit them both pro forma and reserve 43 a decision later on the materiality, competency andsoforth. MR. ZEMAN: In the event of an unfavorable decision, an excep ion will 1h£t noted to us. LGHE COURT: Yes. MR. ZEMAN: Thank you, sir. We have no rebuttal. ~ z < > .J (Proceedings Closed). )o Ill z z Ill a. * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * ** * * * * * * i 0 1-(!) z :t Ill < ~ .,.: Stenographer's Certificate u a: 1-Ill 0 .J < I hereby certify that the proceedings and evidence are contained u 0 :J ., fully and accurately in the notes taken by me on the hearing of the above :t 1-r-N cause, and that this copy is a correct transcript of the same. IIi a: Ill 1-a: 0 a. Ill a: 1-a: :J 0 u .J ~ Certificate of ~earing Judge u ii: 11. 0 e The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and directed to be filed. By the ' e e IN THE COURT OF COMMON PLEAS OF vVASHINGTON COUNTYJ PENNA IN RE: ESTATE OF ORPHANS*' COURT DIVISION ) ) ) ) No. 767 of 1969 ~SAMUEL L. VAN EMAN, a/k/a z <( ~ ~ > g SAMUEL L. VAN EMANJ SR., z ·z Ill 11. Deceased. i e c z i Ul <( ~ .,: u ~ ... !!! 0 ..1 oC( § 0 :I .., X .. " N ui II: Ill ... II: 0 .. Ill II: ... II: :I 0 u ..1 <( u ii: IL 0 HEARING ON CITATION TO SHOW CAUSE AND PETITION FOR SPECIFI PERFORMANCE BEFORE: APPEARANCES: TIME: THE HONORABLE P. VINCENT MARINO, Judge of the said Court . ZEMAN & ZEMANJ ESQS .• by Robert L. Zeman, of CanonsburgJ Penna .•. representin Mary Van Eman Soffel, Executrix of the Estate of Samuel L. Van Eman, Deceased, and Mary Van Eman Soffel, individually. JOHN P. LIEKARJ ESQ.J of CanonsburgJ Pa , representing Samuel L. Van Eman, Jr. Friday, July 7, 1972, at 2:00 o'clock P.M. -· INDEX TO WITHIN TRANSCRIPT ·wiTNESS Direct SAMUEL L. VAN EMAN~ JR. 3 ~ MARY VAN EMA N SOFFEL 10 z c( > .J >-Ill z z Ill' II. i e 1!1 z i Ill o( 3: ..: u i .. !!! Q .J -< § Q :J ., :t ~ til ui II: Ill ... II: 0 L Ill II: .. a:: :J 0 u .J c( ij ii: IL 0 Cross 25 EXHIBITS PLAINTIFF'S EXHIBITS: A -Article of Agreement between Samuel L. Van Eman, Sr. and Margaret S. Van Eman. DEFENDANT'S EXHIBITS: 1 -Xerox copy of Mortgage appearing of record in Mortgage Book 438, page 529. 2 -Xerox copy of transcript of Personal Property Tax Lien No. 799. 3 Xerox copy of transcript of Personal Property Tax Lien No. 854. 4 Xerox copy of judgment of record at No. 667, February Term, 196~ D. S. B, and rexz:ival of that judgment at No. 14 July Term, 1967 A. D. 5 -Xerox copy of judgment of record at No. 668 February Term, 1962 D. S. B., and revival of that judgment at No. 15 July Term, 1967 A D. 6 -Xerox copy of Judgment at No. 110 Novembe:r Term, 1964 D. S. B. and revival of that judgment at No. 542 September Term, 1969 A. I. Execution issued on that judgment at No. 20 November Term, 1971 E. D. Sheriff's Sale Bill accompanying that execution. 7 -Xerox copy of Judgment at No. 109 July Term, 1970 A. D. and execution on that Judgment at No. 21 November Term, 1971 E. D. Sheriff's Sale Bill accompanying that execution. THE COURT: Mr. Liekar, the Court is. ready. MR. LIEKAR: Mr. Van Eman~ take the stand please. SAMUEL L. VAN EMAN, JR. IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. LIEKAR: Q Will you state your name please? A Samuel Logan Van Eman, Jr. or Samuel Logan Van Eman, III. MR. ZEMAN: If the Court please, we object to any evidence offered by this witness now on the stand under the Act of 18871 othe so-called Dead Man's Rule; Mr. Van Eman being the party who presumably will be testifying against the intere:: ts of the decedent. MR. LIEKAR: Your Honor, I believe if Mr. Zeman wants me to make an offer before the Court as to what Mr. Van Eman will testify to, I will be happy to do so. But I think his testimony wil be competent and will not come under the purview of the statute forbidding testimony against the Decec ent. THE COURT:· Do you wish an offer, s ·r? MR. ZEMAN: wen, I would assume that if Mr. Liekar would be able to establish that the testimony were competent, this would be a 4 different matter. But prima facie his testimony would be incorrwetent. THE COURT: He assures us that he will be able to establish that his testimony will be competent. MR. ZEMAN: I certainly don't wish to inconvenience the Court or prolong the hearing. The difficulty is that in the absence of an offer it would be incumbent on me to object to every questi01 THE COURT: we have the offer to maJ e. MR. ZEMAN: If the offer itself would be made, which would indicate the incompetency of the testimony, then the ·one.Iobj ection would suffice. THE COURT: Well, let's hear the offer. Shorten this a little bit. MR. LIEKAR: Your Honor, I will have Mr. Van Eman testify that he did execute an Article of Agreement which is of record. And I merely wan him to identify the Article of Agreement which is thE basis of his action. Secondly, I would ask him his relationship to the grantors in the Article d)f AgreemPnt. And thirdly, I would ask him if he did offer to make payment to the Executrix of the Estate of Samuel Van Eman in compliance with the Article of Agreement. Samuel Van Eman, Jr. 5 MR. ZEMAN: We submit that all of these matters are incompetent under the Dead Man's Rule, Your Honor. THE COURT: The objections are oven uled; e exception noted. You may continue. ~. z o( > .J CONTINUED EXAMINATION BY MR. LIEKAR: > Cll z z Ill Q Mr. Van Eman, I show you an Article of Agreement dated May II. i 0 .. Q 15, 1962, and ask you if you will identify that agreement as to the z i: Cll <( parties. 3: .,: u ii A You mean these parties right here? 1-Cll a e .J o( ~ a :J A SamuelL. VanEman, Sr., myfather, andMargaretS. VanEma11 Q Yes. "'I :z: 1:: N or as it should be, Margaret w. Van Eman, his wife, was my IIi a: Ill 1-mother. a: 0 .. Ill a: Q And that is the party of the first part in this Article of Agreement .. a: :J 0 u Who is named as the party of the second part? .J <( 0 ii: A Samuel L. Van Eman, Jr. I'm the party of the second part. ... 0 Q And again, what ·is your relationship to the parties of the first part? e A Son. Q Mr. Van Eman, did you yourself or cause to be presented to Mary Soffel, the Executrix of the estate of Samuel Van Eman, the sum of $1.00 as called for in the ArticlE:l of Agreement and make demand for a conveyance? ----------~~----------~-----------~~~·~rnu•,aLY.an_Fman .Tr 6 A Yes. Q Do you recall when that offer was made? MR. ZEMAN: Pardon me, Your Honor I take it that all of the testimony now being offered is being taken subject to the objection, the general objections we made. THE COURT: . It is. Q Mr. Van Eman, if you recall. A Very soon after the death. I can give you the exact date. The 17th of February, 1970. Q No further questions, Your Honor. MR. ZEMAN: No cross examination. THE COURT: You are excused, sir. (Witness excused). MR. LIEKAR: If it please the Court, at this time I would move into evidence the Article of Agreement which Mr. Van Eman has identified as being between himself and his parents as Exhibit "A' of the plaintiff in this proceeding. MR. ZEMAN: We object, if Your Honor please, to the admission into evidence of the Article of Agreement for the following reasons: first, we submit that it is an integral part of the testimony of the witness who has just left the stand, Samuel L. Van Eman, Jr And that his testimony, being incompetent under the Dead Man's 5 z o( > -I >-UI z z Ill II. z 0 1-CI z i Ul o( ~ ~ It: l-UI 0 -I o( 0 0 :I ., X .. " N vi a: Ill l-It: 0 II. Ill It: ~ :I 0 u -I o( u iL II. 0 7 Rule1 anything in connection therewith partakes of that same infectious invalidity. Secondly~ that the agreement has not been sufficiently or properly proved for admission into t2v.idence. Third, the agreement indicates unexplained inter lineations on it. The signatures have not been properly identified. And the agre.ement itself contains a gross. ambiguity in that it indicates that it~ was originally prepared apparently for two tracts of land; the word two is then stricken out and the interlineation three appears. There is an interlineated statement, "together with the farm hous ~ and curtilage - 2 1/2 acres more or less conveyed by Van Eman Brown heirs." This creates an ambiguity and clearly, if three parcels are intended, the agreement is insufficient and improper as a matter of law. since a parcel of ground cannot be appurtena t to another. and it1s phrased in the language of appurtenance. And finally, the ~rticle of Agreement is not in accordance with or varies with the allegations of the Petition lJr For Specific Performance. For those reasons we object to the admission into evidence of the now offered Article. We would like to supplement that, Your Honor. The Article of Agreement apparently called for the performance of certain conditions precedent, and there has been no evidence as to the performance of those conditions precedent. we supplemen our objection to that extent. MH. LTF.KAR· Your Honor. I think Mr. Zeman is arguing law abou 8 the interpretation of that document, rather than setting forth any arguments as to why it should not be entered into evidence at this time. MR. ZEMAN: I assume, Your Honor, if there is a question of law, that that would preclude its admission into evidence. THE COURT: Was this one marked as an exhibit? MR. LIEKAR: I asked that it be marked as Exhibit "A", Your Honor-. It hasn't been marked as yet. (st h k Pl . t'ff' Exhl.bl"t"A"). enograp er mar s _ a~': 1 s THE COURT: Mr. Liekar, you don1t have the Deed Book that this is recorded in here in Court, do you? MR. LIEKAR: No. (At the direction of Mr. Zeman, off -the-record discuss ion was not recorded by the stenographer). MR. ZEMAN: The Deed Book is 1138. THE COURT: Mr. Zermani, bring up Deed Book 1138. ·we will defer ruling on this motion and the objection for a few minutes. You can continu.e your case in the mean time. MR. LIEKAR: Your Honor, we have no further testimony to offer. THE COURT: Is that the end of your testimony? MR. LIEKAR: Yes, sir. THE COURT: Then we will wait until w.e get our Deed Book. I MR. ZEMAN: If Your Honor desires, in order to save time, vvhile we are vvaiting the receipt of the Deed Book from the Recorder ~ z <( > .J > ·Cil· z z Ill II. i 0 I-C) z i en <( ~ 9 of Deeds Office~ I take it that Mr. Liekar has closed his case on behalf of the Petitioner. And at this time we1 on behalf of the est3.te of Samuel L. Van Eman1 Sr. and Mary Van Eman Soffel~ Executi ix of the estate~· respectfully move Your Honorable Court that the Petition for Specific Performance be dismissed for the reason that there has been insufficient evidence offered to justify the granting of the Decree of Specific Performance. And that the evidence which has been offered is incompetent; and that we woulcl> therefore1 demur and ask for a dismissal of the Petition and the Citation which was issued pursuant thereto. t ii: THE COURT: First we will rule on the motion to dismiss and for 1-!!! Q .J < § Q :J ., :z: ~ N ui It bl t-o:: 0 II. bl a:: t-o:: :J 0 0 .J <( u ii: b. 0 a demurrer made by counsel, Robert L. Zeman. The motion is refused; exception is noted. Next~ we will rule on the motion to receive in evidence the paper rm rked Plaintiff's Exhibit "A" purporting to be an Article of Agreement, which is referred to in this case. The Court will receive in evidence and make part of the record the said Article of Agreement marked Plaintiff's Exhibit "A II. Mr. Zeman~ do you wish to present any testimony? MR. ZEMAN: Yes, Your Honor. But I wish to take exceptions to the Court's rulings, both on the dismissal of the demurrer and on the admission into evidence of the exhibit. THE COURT: The exceptions are properly noted. MR. ZEMAN: At this time we call Mary Van Eman Soffel to the st nd. Marv Van Ern~~.n~S~of~f:•e~J·~-------------------------+~1~0~ MARY VAN EMAN SOFFEL IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. ZEMAN: Q What is your name please? A Mary Van Eman Soffel. Q Where do you live, Mrs. Soffel? :! A I live at 203 Old Oak Road, McMurray. z <( > ..I >-Q Are you the Executrix of the Estate of Samuel L. Van Eman, also Ul z z ld 0.. known as Samuel L. Van Eman, Sr., deceased? i 0 1-Q A Yes, I am. z i: Cll <( 3: Q Will you state whether or not Samuel L. Van Eman, Sr. died .: u 01 seized of any real estate in North Strabane Township, ·vvas hington 1-!!! c e ..I <( ~ County, Pennsylvania? c :I A Yes. ... :1: ... " Ill Q Will you state generally what real estate in North Strabane Towns hip, vi II: ld 1-II: ·vvashington County, Pennsylvania, Samuel L. Van Eman, Sr. 0 L ld II: 1-died seized of? II: :I 0 u ..I A There are three parcels of ground;there was the one above the <( ij ii: II. old street car line, the Washington car line, and it went back 0 over the hill. Then there was the one where the homestead was with the immediate ground around it. And then there: was one below \Nest McMurray Road that we called the lower field. Q Will you state whether or not Margaret Van Eman, the wife of Samuel L. Van Eman, Sr., predeceased him? Did your mother d e before your f·ather? ---------~~--------------------~M:a~Van Emgn_SQff~e~A-1------------------~--~---1~1 A She did. Q Do you know whether or not there were any mortgage or judgmen liens against the real estate in North Strabane Township. Washine ton CotJnty. Pennsylvania, of which Samuel L. Van Eman. Sr. died s ized? A Yes. :! Q If the Court please, we offer at this time as exhibits a mortgage z < > .... >-lien and various judgment liens which appear of record. And the Ul z z Ill II. question is one of mechanics for the Court. I don't wish to unduly i 0 ... Cl burden the record or unduly take the time of the Court. I was won z i Ul <( ;!: dering if the Court v.rould accept and whether Mr. Liekar would he: ve ..: u i n o objection to my simply listing the documents by book and page ... Ul Q .... and by number in the Prothonotary's Office. I have Xerox copies <( § Q :I of all of th~ applicable documents here to present to the Court. ""' X .. " N Copies have been submitted this day and during this hearing to ai a: Ill ... a: Mr. Liekar. And I feel that it would be a gross imposition upon 0 L Ill a: ... the Court and the tipstaff to have to bring all of these documents a: :I 0 u .... into Court because we have Xerox copies which are exact duplicat~s. < u ii: ... And I believe that under the recent ruling of Judge Taxis on 0 Xerox copies of Wills, that Xerox copies are now recognized in • the Orphans 1 Court Divisions of the Courts of Common Pleas of this Commonwealth as acceptable forms of evidence. THE COURT: Mr. Liekar, do you have any objection to this procedure? MR. LIEKAR: Your Honor, I have no objection to the manner in -------1!--------------.....u.M~:a~r·v. Van Eman Soffel 1 2 which Mr. Zeman wishes to present any matter which is already of record. But I would object to the introdl:lction of these exhibits as being irrelevant. I don't understand what purpose the intro- duction of such records has on this case. THE COURT: The procedure having been agreed to, we will over- rule the objection to the pertinency of these matters. An exceptic n is noted. You may continue,sir. MR. ZEMAN: Then at this time, if the Court please, we offer into evidence a copy of a mortgage appearing of record in Mortgage Book 4 38, page 52 9 in the Recorder's Office of -washington Count), Pennsylvania. we offer into evidence a transcript of Personal Property Tax Lien Number 789 of record in the Prothonotary's Office of this county. Vve offer into evidence transcript of the document of Personal Property Lien 864 of record in the Prothonotary's Office of this county. We offer into evidence transcripts of the following judgments and executions: A judgment of record at Number ·i667, February Te m, 1962 n:iS .. B. And the revival,_of that judgment at Number 14 July Te;rm, I 1967 A.D. Judgment at Number 668 February, Term, 1962 D. S. B. And the revival of that' judgment at Number 15 July Term, 1967 A. D. Judgment at Number 110 November Term1 1964 D. S. B. The revival of that judgment at Number 542 Septemper Term, 1969 A. D. The execution issued on that judgment at Numl er 20 November Term, 1971, E. D. And the Sheriff's Sale Bill Subscribed and smmn to this /Jfl-day ; before me- I I' I_ '-- tl IL c:J r 1 :,'j ;>_-, ,: ~ ,jJ#,J Marv Van F'man ~offP.l 13 accompanying that execution, Judgment at Number 109 July Term 1970 A. D. And the execution on that judgment at Number 21 November Term, 1971 E. D. And the Sheriff's Sale Bill accolillllpar ying that execution. (Continued examination by Mr. Zeman): Q Mrs. Soffel, when your father died, will you state 'Nhether or not there were any mortgage or judgment liens against real estate in North Strabane Township, Washington County, Pennsylvania of which he, Samuel L. Van Eman, Sr., died seized. -A Yes. Q And will you state vvhether or not the mortgage that has been offered into evidence and the judgments which I have offered into evidencE were liens on the property in North Strabane Township wtlich is the subject of this suit? A Yes. Q Will you tell the Court whether or not the judgment liens which hatve been offered into evidence oover any other property of which your father died seized? A It covers all the estate. Q Did your father die seized of any other real estate except that in North Strabane Township? A Yes. There is property in Peters Township. There's a house in Canonsburg. And there's an eighth of Brown acres. -------II-----------.J.U.!Ma~tr'"-V-v:\[an Eman ~offel 14 Q There is an eighth interest in the Brown acres property, is that correct? A Yes. Q Do I understand you to state that these judgment liens covered tha other property of which your father died seized? o( A That's right. i2 o( > .J )o Q Will you state 'Nhether or not Samuel L. Van Eman, Jr. or anyon en z z Ill II. om his behalf has paid the mortgage and/or the judgment liens i 0 ... It which you have mentioned? z i en <( 31: A Nothing has been paid. .,: u ii: Q Will you state vvhether or not there is any execution or sheriff's ... en 0 e .J o( u sale pending against the property in North Strabane Township 0 :I ., and the other property in Pet~s Township and in the Borough of :1: ~ N Canonsburg of which your father died seized? ai a: Ill ... a: A Yes. There was a sheriff's sale. It was dated in December 0 L Ill a: ... and the sale 'Nas to have been January 7th, this year. a: ::J 0 u .J Q But has that sale ever gone through as yet? c( u ii: A No. IL 0 Q To your knowledge, will you state whether or not it is still pending? e A It's still pending. Q Will you state whether or not the existence of the mortgage and the judgment liens has impaired your ability as the Executrix to sell any of the property of which Samuel L. Van Eman, Sr. died seize ::1? A Yes, it has. ,---------..------------------------------------- ~ z ; > Ill z z Ill 0.. z e Cl z i Ill ct ~ ...: u 0:: .. Ill Q .J ct 0 Q ::> ., :t ~ .. ai a: ~ 0:: 0 0.. Ill 0: .. a: ::> 0 u .J_ ct 0 ii: II. 0 Marv Van Eman Soffel 15 Q Will you please tell the Court what transactions, if any. you reca l that you have had to forego because of the existence of the mortgage and the judgment liens? A Mr. Md?abe from Frontier Realty has been calling various times He's wanted to buy the Peters Township parcel, twenty some acrEs. MR. LIEKAR: Your Honor, I object. I thim" we are getting into hearsay now as to whethe therers been offers made by anybody. It's a rather self-serving statement for her to go on the stand anc start reciting offe.rs made toher to buy when we havE no way of determining whether or not there was such offers made. THE COURT: ·we will sustain the objection as to what any of the prospective buyers might have said. But we will admit the testimony concerning whether there were prospective buyers who were dissuaded from buying for certain reason . MR. ZEMAN: This is all we intended to show, Your Honor. we did not intend to go into th~ details of the transaction. Will you please answer the question? A Yes. Mr. McCabe from Frontier Realty has called various times He's interested in the twenty some acres of Peters Township. M". Marks, who already has property on the Van Eman Farm, Canom burg, -------------------------------.------- -------;J--------------'M!:!.:!:.:::a::..:!:..rY-Van Eman Soffel 16 R. D. 2, is very anxious to buy more property. And also Bill Brown from Brown Acres is very anxious to go ahead with the dec: l that they have. Q .And were you able to close out any of those transactions or accep any of those offers? A Everything; has been held up because of lack of cooperation from my brother. Q Mrs. Soffel, will you state whether or not, if the sherif:EJs sale which is now pending is completed, will it result in any loss to the estate of Samuel L. Van Eman, Sr. ? A It would wipe all the estate out if it went on. Q Is there any money or sufficient money in the estate to meet the obligations and fares tall or otherwise preclude the sheriff's sale? A No, there's nothing. Q Will you state whether or not you know whether Samuel L. Van Eman, Jr. had any opportunity to clear off the mortgage and the j udgment liens to which reference has been made 't MR. LIEKAR: Your Honor, I would objecti01t:le 1s asking her to testify as to something 'Nhich Mr. Van Eman alone is in a position to answe THE COURT: The objection is sus tain~d; exception noted. MR. ZEMAN: . If the Court please, we would like to make an offer at this time. -------ll---------------'t'?llfvv:a·~-m-s.·n-Se#e1: --J.-'l-- THE COURT: You may . . MR. ZEMAN: We offer to prove by the testimony of this witness that the Petitioner, Samuel L. Van Eman, Jr. contacted this witness on several e occasions, and in the course of the conversations, ~ stated that he had an opportunity to sell the Van Ema~ z < > .I > Cll ·property in North Strabane Township; and that as a z ·z Ill Q. result of that sale, the mortgage and all the judgment i 0 .. C) z liens would be paid off. And that if this witness as i: fl) < ~ the Executrix would go along with that .proposal, .,: u ii! that he would be able to handle the transaction, that ... Cll 0 e .I < ij he was being financed and had the financial facilities 0 :J ., from a pperson in California, from the State of ::t: .. .... N ai California. But he coupled with that proposal the a: Ill ... a: 0 demand upon this witness as Executrix that the Q. Ill a: ... estate of Samuel L. Van Eman, Sr. be thereupon a: :J 0 u .I divided among his children and among this witness's < 0 ii: II. 0 children equally. And that he has three children and this witness has two children, and the proposed e family settlement 'Nould be grossly iinequitable to this witness and to her children. And furthermore, this witness is the sole beneficiary under the Last Will and Testament· of her father, Samuel L. VanE !nan, Sr., and that the testimony which we are now offer·ng ....:::;, __ L_ __________________________________________ _ -----------I~--------------------~M~:a~~~LnuB~of~f~,e~:l~------~----------~~--- on the matter of the opportunity to sell came from the lips of the Petitioner. and therefore, constitutes an admission against interest. MR. LIEKAR: Your Honor1 I neither deny or affirm the truth of what Mr. Zeman is saying. But I do think it is irrelevant. w·hat we have cume in here and asked for is a decree for specific per- formance on the basis <;>fan Article of Agreement. Any negotiation that Mr. Van Eman may have had with his sister cone erning this property~ I don't thin~ 'is competent or relevant at this time. I think the only issue before the Court here is, is there an Arti~le of Agreement in existence and has the Executrix executed a deed in conformity of that agreement or not. These side issues may be indicative of the attitude of both parties, but I don't think it has a bearing on whether or not there is an enforceable agreement for the sale of the real estate. MR. ZEMAN: If Your Honor please, the thrust of this testimony is to go to show that Samuel L. Van Eman, Jr. had an opportunity to perform the conditions specified in the Article of Agreement for the sale of this property. but refused to avail himself of it. And having failed to render v 1 9 that performance, he cannot come before this Court and insist on specific performance when he has refu:: ed to perform the conditions which were within his powEr. THE COURT: The objection of the e Plaintiff is sustained; an exception is noted. :!: MR. ZEMAN: Do I take it that the o bj e tion z < > .... > of the Co\lrt then is that no testimony relating to Ul z z Ill D. Mr. Van Eman's opportunity to pay off the mortgage i 0 1-C) and judgment liens is admissable? Is that correct? z i Ul < ~ ·THE COURT: It is not from this witne~ s ..,: 2 II: in response to the question w:l}:ich has been asked. 1-!!! Q e .J < § MR. ZEMAN: I see. Thank you. Q :;) ..., "' .. (Continued examination by Mr. Zeman): " N ui II: Q Mrs. Soffel, if Samuel L. Van Eman, Jr. had paid off the Ill 1-II: 0 D. Ill mortgage and the judgment liens, what advantage would have been II: 1-II: :;) 0 gained by the estate? u .J < u A We could have gone ahead and settled the estate. ii: ... 0 Q Would you have therefore been able. to have sold the other real estate at a profit? A Right. Q And would you thereby have been able to liquidate presently ftlozen assets of the estate? fA' That's correct. r 1\Jf:::.,.u 'U:::.n 'Prnan Soffel 20 Q And would you thereby have been able to pay off the other debts of the estate ? A Right. Q Mrs. Soffel, do you know whether Samuel L. Van Eman, Jr. or e anyone on his behalf tendered the payment of the $1.00 called for < as a c onside.tr.at'ion for the sales agreement of real estate in North z < > -,;! Strabane Township? Did anybody ever offer you the dollar? II) z z lal II. A The dollar was paid. i 0 ... ~ Q And when was the payment tendered? z .3: Ul < ~ A A couple years ago. ..: u ii: Q To whom was it tendered? ... II) 0 e .J <( u THE COURT: She didn1 t say it was 0 :J tendered; she said the dollar was paid. .., :t 1-" "' Q How vvas the dollar paid? ai a: Ill ... a: A Through my attorney, through you . 0 L Ill a: ... Q Yes, but in what form, in cash or otherwise? 1: :J 0 u .I A It was through a check. < u ii: IL Q Mrs. Soffel, have you seen the record of the sales agreement 0 for the real estate in North Strabane Township. Washington Count[y, e Pennsylvania which has been offered into evidence this afternoon: A Yes, I have. Q And when did you first see this sales agreement? A I saw this with you. We v.rere in the Washington Courthouse on another matter pertaining to the Citizens Water Company. And ----------~r----------------------~~00\~~~~~n Pm~n ~nffpl 21 after that, we went dovm to the Recorder's Office and together we saw the paper. Q In othe:r words, do I understand that during a previous proceeding in this estate involving the Citizens Water Company, that it '.vas on that day that you saw it ? A That's right. Q And you saw the record of it? A That's right. Q Did you ever see the original agreement that was offered into Court or did you just see a copy of it in the Recorder's Office? A I'm not sure whether I saw the original. Q When the payment of $1. 00 was tendered by check as you have testified, did you refuse to consummate the transaction by the delivery of the deed? A I did. THE COURT: She didn't say it was tendered by check. She said it was paid. Q All right. when it was paid by check. THE COURT: Would you like to read her answer to that? Q Your Honor is correct. She did use the word paid. That is corre t, sir. \lvhen the dollar was paid by the check, to which you have testified, willyou state whether or not you refused to consummatE the transaction by the delivery of the deed? .,---------..------------------- :$ z '( > ..1 > Ul z z "' II. i 0 ... ~ z i Ul ~ ~ 0: ... !!! 0 ..1 c( § 0 :I ., :z: ~ (II ui II: ~ II: 0 L Ill II: ~ :I 0 0 ..1 < 0 iL b. 0 Marv Van Eman Soffel 22 A I did. Q And why did you refuse to give Samuel L. Van Eman~ Jr. a deed? A Because many times during my mother's lifetime--- MR. LIEKAR: Your Honor 1 I will objec . THE COURT: Just a moment. Vvhen there's an l<!rl!ljection please desist from testifying. MR. LIEKAR: Your Honor~ I would object before Mr. Zeman makes an offer that I belie e from the nature of her answer~ as she star ted~ she was going to testify as to c;onversations between her~ elf and her mother who is now deceased~ and possibly by her father. And I think that testimony is incompe ent; under the Dead Man's Rule she cannot testify as to any such comments. MR. ZEMAN: The Dead Man1s Rule is totally inapplicable in this situation, Your Honor. And I have asked her why; I didn't ask her what her mother said or what anyone else said. I asked her 'V~Jy she refused to tender a deed, consummate the sale. THE COURT: That is this 'vitness? MR. ZEMAN: Yes. THE COURT: The objection is overrulF>d; exception noted. You may answer the question. Read the question~ Mrs. Hammond. ------------~r--------------------------~~~~.ara,~·~~-¥-V4n-Eina~•~n~~n~ff',~~>l~----------------------~--a3. __ :!: z <( > .J > Ul z z Ill II. i e ~ z :z: Ul ; ~ ~ ... Ul 0 .J <( § a :J ., J: 1:. 01 ai a: r! a: 0 L Ill a: ... a: :J 0 0 .J <( 0 iL IL 0 A (Stenographer reads back the last question). Many times during my mother's lifetime she said that she would never give my brother a deed. She said that he made them sign this paper---- MR. LIEKAR: Your Honor. is that not testimony_ of a decedent which has bearing on this isi;ue? THE COURT: It is not pertinent to the issue here, what her mother may have desired or no.L desired. The only quest ion here is why she did not proceed to convey the property in pursuance of the money that was then paid. And the objection is susta ned. We will not entertain the balance of the answer with respect to what her mother desired and what effect that might have on the situation. MR. ZEMAN: If the Court please, we v>'ish to make an offer at this time that the reason why this Executrix, this witness refused to give a deed was that many times during her motherrs life- time her mother said that she would not under any circumstances ever give Samuel L. Van Eman, Jr. a deed; that Sq,muel L. Van Eman, Jr. had procured the agreement bebveen them to which reference has been made in this case by force, threats, duress and violence. And that on numerous occasions he did physical harm and abuse to the father and to the -----------~r------------------------~~\ff~r~~·~~_auEinan.-~~nfufr~.o,~l----------------------~-~2~4~. __ mother in an effort to get them to sign the agreemen ~ and finally to consummate the transaction by the delivery of the deed. That this witness was present when Samuel L. Van Eman, Jr. subjected his father to physical abuse; and that she saw the evidence of the physical abuse to her mother in the form of a black eye, bruises, and matters of that nature, all for the purpose of securing the execution of this Art"cle of Agreement and for the further purpose of attempt ·ng to consummate the transaction embodied in the Article of Agreement. And that both Margaret Van Eman and Samuel L. Van Eman refused to sign a deed. And that ie the reason for this Executrix's refusal to consummate the transaction. THE COURT: The alleged matters as recited by counsel are irrelevant to the trying issue. And we sustain the objection. An exception is noted. MR. ZEMAN: Your Honor will notice an exception to it? THE COURT: An exception is noted. (Continued Examination by Mr. Zeman): Q Mrs. Soffel, will you state vvhether or not, to your knowledge, Samuel L. Van Eman, Jr. ever attempted by legal proceedings tc Marv Van Eman Soffel 25 consummate the transaction befor.e the check of $1.00 was made and delivered? A No. Q ·yvul you state whether or not your father and mother were deceas ~d e when Samuel L. Van Eman, Jr. tendered the check? ~ A Yes, they were. z < > .J > Q Will you state whether or not to your knowledge Samuel L. Van .en z z Ill 0. Eman, Jr. ever started any legal proceedings for the enforcemen i 0 1-C) of this agreement while your mother and father or either of them z :z: Ul < ~ was alive and able to testify? ~ 0 it A No. 1-Ul Q e .J < ij Q You may cross examine. Q :J ., J: ... " Cll vi II: Ill 1-II: 0 0. Ill II: CROSS EXAMINATION BY MR. LIEKAR: 1-II: :J 0 0 Q Mrs. Soffel, your mother died before your father. Is that correcl ? .J < 0 iL A That 1 s correct. IL 0 Q Do you recall the date of your father's death? e A Dec ember 5. Q And after his death, did you have access to his Will? Did you fin his Will? J A That's right. Q And how long after his death was it that you probated the ·will? ~ z <( ~ > Ul z z Ill fl. z g Cl z i Ul <( ~ r-: ~ 0:: l-UI Mary Van Eman Soffel 26 A I'm not sure of that answer. Q Did you probate the Will, Mrs. Soffel, because there was a rule issued against you by. your brother. Samuel L. Van Eman, Jr. to compel you to file or to probate the Will? MR. ZEMAN: If the Court please, this isaasking the witness for matters which would not ordinarily be within her recollection; that they are :rra tters ordinarily handled by counsel, and that the best evidence of the documents to which counsel is referring would be the documents themselves which are on file among the records of this Court. a .J <( THE COURT: The objection is sustain d . u a :J .., :I s Q ai 0:: An exception is noted. You were appointed Executrix of the estate, were you not. Mrs. ~ Soffel? 0:: 0 fl. lil A I was. 1-0:: :J 8 Q ..I <( u ii: II. 0 A Q A As the Executrix, have you filed an Inventory in the estate of your father ? I haven't been able to because I don't have cooperation of my brother. You don't have the cooperation of your brother? I haven't been able to get in the house to go over the things. I'm not allowed in the house. Q Did you testify that your father owns property in Canonsburg? A That's right. 27 v Q Have you had access to that property? A It's all part of the' estate. The estate is unsettled. Q The fact is you have done absolutely nothing as far as the settlem~nt :'!: z < A ~ Q >-UI z z Ill D. i 0 ... CJ z i ~ ~ .,: ~ A ... !!! ~ Q ., l: ... " Cll ~ Ill ... a:: 0 D. Ill a:: A ... a:: ::> 8 Q .J < u iL ... 0 A of your: father's estate. Isn't that correct? I have d~ne as much as I could, but without cooperation I couldn't do anything else. These judgments and this mortgage which has been introduced to show that they are open liens against the property, do you knov;.. who are named as defendants in these proceedings, in these judgments and in the· mortgage ? Angelo Falconi has a mortgage to the farm . Falconi has the mortgage to the farm. But as a defendant, by that I mean the person against whom the liens were filed, would that include your mother and your father and your brother, Samuel L. Van Eman, the petitioner here, and his wife? I guess so . So actually, all four parties are named in these judgments and in the mortgage. I believe so. MR. ZEMAN: If the Court please, this is objected to. The record will speak for itself and it's the best ~vidence. THE COURT: It is proper cross exam - nation. 28 No further questions, Your Honor. THE COURT: You are excused. (Witness excused). MR. ZEMAN: We, at this time, just in order that there will be e no loose ends, Your Honor, -we offer into evidence the several ~ documents which have yet to be marked for identification, consist ng z < > ..1 > <;>f the mortgage and these various transcripts of judgment and Ill z z Ill 11. the related papers. At this point the estate rests. And we ask that i 0 ... 0 the Court, on the basis of the evidence presented, since it is :z :c Ill .. < ~ so preponderantly in favor of the estate, and that the averments .,: 0 a: of new matter have been sufficiently and amply sustained, and we ... Ill 0 e ..1 ~ !:! ask that the Decree of Specific Performance as prayed for be 0 :l refused. ., l: .. " l'f THE COURT: The exhibits of the defendant as marked will be ai a: Ill ... a: received in evidence and made part of the record. The motion of· 0 11. Ill a: ... couns.el for judgment is refused . a: :l (Proceedings Closed) . 0 . 0 ..1 < ij ii: ... 0 ' ' e .. '· l I hereby certify that the proceedings and evidence are contained ~ fully and accurately in the notes taken by Jlie on the hearing of the above < > ... ~ cause, and that this copy is a correct transcript of the same. z z Ill D.. i 0 .. Ill z i ID < ~ ..: ~ Transcript completed -August 30, 1972 .. !!! c ... < The foregoing record of the proceedings upon the hearing of the Q c :J ~ above cause is hereby approved and directed to be filed . ... " l\1 ui a: Ill .. a: 0 D.. Ill a: .. a: :J 0 0 ... c( u iL IL 0 By the Court, Dated: a.~ dS: I 1 7 £..-, .... Z> J • r ..